1. Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Felix and Fido Nursing Care LTD, a company incorporated under the laws of British Columbia with a registered office at 110- 1576 Grant Ave, Port Coquitlam, BC (“Felix and Fido,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet Registered Veterinary Technicians (“RVT”) to find each other, communicate with each other, and arrange for the provision of pet care treatments and services (collectively, our “Felix and Fido Service”). The Terms govern all use of the Felix and Fido Service, whether you access it from our website at https://www.felixandfido.org (or any localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application, or any other access point we make available to you. The Felix and Fido Policies applicable to your use of the Felix and Fido Service are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE FELIX AND FIDO SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE FELIX AND FIDO SERVICE.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Felix and Fido Service, unless otherwise required by applicable law. Your continued access and use of the Felix and Fido Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Felix and Fido Service.

2.1 Nature of the Felix and Fido Service. The Felix and Fido Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) and Registered Veterinary Technicians (“RVT’s”) can use to find, communicate with and interact with each other.

2.2 Felix and Fido does not provide diagnoses, prognosis, or make therapeutic decisions. Felix and Fido is a venue for Pet Owners to connect with a professional veterinary technician in order to help carry out prescribed treatments for their pet. Felix and Fido is not a mobile veterinary clinic, and should not be used as a first point of service, or replacement to your regular scheduled DVM appointments.  RVT will only perform treatments prescribed by pet owners DVM. We make no representations or warranties about the quality of services provided by Registered Veterinary Technicians (“RVT”), or about your interactions and dealings with users. Services that RVT’s list on Felix and Fido are not under the direction or control of Felix and Fido. RVT determines in their own discretion how to perform prescribed treatment plan. Felix and Fido does not employ, recommend or endorse RVT’s or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of RVT’s or Pet Owners, whether online or offline. We conduct an initial review of RVT’s profiles where we require criminal background checks and licence verifications (each as described in Section 9, below).  We do not otherwise screen RVT’s or Pet Owners. You should exercise caution and use your independent judgment before engaging an RVT, providing RVT services, or otherwise interacting with users via the Felix and Fido Service. Pet Owners and RVT’s are solely responsible for making decisions that are in the best interests of themselves and their pets.

2.3 Release. Felix and Fido has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of RVT’s and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF FELIX AND FIDO SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

2.4 Transactions are between Pet Owners and RVT’s. The Felix and Fido Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Felix and Fido Service are between Pet Owners and RVT’s. Except for the limited refunds and “Reservation Protection” specified in Section 8.5.  You agree that Felix and Fido has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Felix and Fido Service.

2.5 Appointments. Pet Owners and RVT’s transact with each other on the Felix and Fido Service when they both agree to an “appointment” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Felix and Fido Service (an “appointment”). An Appointment may be initiated by either an RVT or a Pet Owner by selecting the type(s) of treatments or services to be provided and then following the prompts that appear on-screen. If you are a Pet Owner and you initiate an appointment, you agree to pay for the Pet Care Services described in the appointment when you click “Request & Pay.” If you are a Pet Owner and an RVT initiates an appointment, you agree to pay for the Treatment and Services described in the appointment when you click “Pay Now.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you make an appointment, you agree to honor the price and other terms of that appointment, as acknowledged in the appointment confirmation.

2.6 Pet Owners are Solely Responsible for Evaluating RVT’s. Pet Owners are solely responsible for evaluating the suitability of RVTs for the services they offer to provide. Though Felix and Fido perform a limited review of RVT profiles and requires Background Checks conducted by a third party, any such screening is limited, and Felix and Fido do not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Felix and Fido does not endorse reviews of RVT’s by other Pet Owners that may be available via the Felix and Fido Service, and Felix and Fido make no commitments that such reviews are accurate or legitimate.

2.7 Emergencies. We recommend that if Pet Owners are not on sight with RVT at time of appointment they give their RVT’s contact information where they can be reached in the event further medical care, or emergency care for a pet becomes necessary. RVT agrees to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Pet Owners Veterinarian.  If you are a Pet Owner, you hereby authorize your RVT and Felix and Fido to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Felix and Fido. If your RVT reaches you with a request to authorize medical care for your pet and you refuse, you release the RVT and Felix and Fido for any injury, damage or liability arising from failure to seek such care.  Pet Owners are responsible for the costs of any such medical treatment for pets and you hereby authorize Felix and Fido to charge your credit card or other payment method for such costs. Felix and Fido recommend that all users have adequate pet insurance to cover the costs of veterinary care.

3. Certification of Compliance with Applicable Law. By accessing and using the Felix and Fido Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Felix and Fido Service.

• For Pet Owners, this means, among other things, that you will ensure that your pets are currently under the care of a doctor of veterinary medicine (DVM), vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to RVTs (and that such policies will benefit third parties, including RVTs, to the same extent they benefit you).
• For RVTs, this means, among other things, that you certify that you are legally eligible to provide Treatments and Services in the jurisdiction where you provide these Treatment and Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Treatment and Services; and that, when providing these Treatments and Services, you will comply with applicable pet care laws.

You acknowledge that Felix and Fido are entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

4. Use of the Felix and Fido Service; Suspension.

4.1 Your Conduct on the Felix and Fido Service. When you use the Felix and Fido Service, you agree:

• To use the Felix and Fido Service only in a lawful manner and only for its intended purposes.
• Not to use the Felix and Fido Service to arrange for the care of any animal that has a history of, or which has been trained for, attacks on pets or people.
• Not to submit viruses or other malicious code to or through the Felix and Fido Service.
• Not to use the Felix and Fido Service, or engage with other users of the Felix and Fido Service, for purposes that violate the law.
• Not to use the Felix and Fido Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Felix and Fido Service.
• Not to use the Felix and Fido Service for purposes of competing with Felix and Fido or to promote other products or services.
• Not to post reviews about RVTs that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
• Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
• Not to post “spam” or other unauthorized commercial communications.
• To use the Felix and Fido Service only for your own purposes, and not to impersonate any other person.
• Not to transfer or authorize the use of your account for the Felix and Fido Service by any other person, or to engage in fraudulent transactions.
• Not to provide false information in your profile on, or registration for, the Felix and Fido Service, or to create multiple or duplicate accounts.
• Not to interfere with our provision of, or any other user’s use of, the Felix and Fido Service.
• Not to solicit another user’s username and password for the Felix and Fido Service or any other sensitive personal information, including bank details.

4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Felix and Fido Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Felix and Fido Service: (1) if in our discretion your conduct on the Site or Felix and Fido Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary, in our discretion to protect Felix and Fido, its users, pets, or the public. You may suspend or terminate your use of the Felix and Fido Service at any time and for any reason. If you wish to deactivate your account, please contact Felix and Fido. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.

5. Registration; Account Security. In order to use some aspects of the Felix and Fido Service, you will be required to create a username, password, and user profile. If you elect to use the Felix and Fido Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Felix and Fido suspend or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Felix and Fido Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

6. Privacy. Our collection and use of your personal information on the Felix and Fido Service is described in our Privacy Statement. By accessing or using the Felix and Fido Service, you acknowledge that you have read and understand the Privacy Policy.

7. Your Content.

7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Felix and Fido Service or otherwise in connection with using the Felix and Fido Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”).

7.2 License. Except for the limitations on our use and disclosure of personal information described in the Privacy Policy, to the maximum extent and duration permitted under any applicable law, you grant Felix and Fido an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Felix and Fido Service, and to sublicense these rights to third parties.

7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Felix and Fido and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.

7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Felix and Fido Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

7.6 Reviews. The Felix and Fido Service may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Felix and Fido has no obligation to preserve or indefinitely store any reviews. If you are an RVT, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Felix and Fido Service, whether before or after termination of your account for the Felix and Fido Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Felix and Fido Service at any time.

8. Fees & Payment.

8.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Felix and Fido Service are listed and payable in local currency.

8.2 Fees for Pet Owners. Pet Owners may purchase Treatments Services from an RVT by completing a Booking as described in Section 2.5. If you are a Pet Owner, you enter into a transaction with the RVT when you accept a Booking, and you agree to pay the total fees indicated in the Booking. As described in Sections 8.3 and 8.4, the total amount Pet Owners are charged for a Booking may also include a service fee payable to Felix and Fido. Where required by law, the amount charged will also be inclusive of applicable taxes. The RVT, not Felix and Fido, is responsible for performing the Treatment Services.

8.3 Fees for Registered Veterinary Technicians. RVT may agree to provide Treatments and Services to a Pet Owner by agreeing to an appointment as described in Section 2.5. If you are an RVT, you must confirm the appointment before it expires or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your appointment. The purchase of treatment is a transaction between the Pet Owner and the RVT. Felix and Fido’s role is to facilitate the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking and (except to the extent of any payment hold pursuant to Section 8.6) initiate payment to the RVT’s account 48 hours after completion of the service period indicated in the appointment. RVT’s and Pet Owners are charged a service fee as described in Section 8.4. Where required by law, the amount charged will also be inclusive of applicable taxes.

8.4 Service Fees. We charge service fees for some aspects of the Felix and Fido Service. Our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay to in an appointment and is collected from each Booking. Our service fees are described under “Service Fees”.

8.5 Cancellations & Refunds.

• Cancellations by RVT. If an RVT cancels an Appointment prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for treatments not provided, unless pet owner does not have a valid prescription for treatment requested where prescriptions for medical treatment are necessary. If you are an RVT, you can appoint a substitute RVT (as agreed by the Pet Owner and so long as the substitute has an active account on the Felix and Fido Service and has agreed in writing to accept a Booking) by contacting Felix and Fido to modify the Booking. If you do not find a substitute and repeatedly cancel accepted appointments without justification, Felix and Fido may terminate your account.
• Cancellations by Pet Owner. If a Pet Owner cancels an appointment 24 hours prior to Booking, Pet Owners will be required to pay 50% of the agreed upon price.  If the Pet owner cancels within 12 hours of an appointment Pet Owner agrees to pay the appointment in full.  If there is a justification as to why appointment was cancelled the Felix and Fido team will review and decide, at their discretion, if a refund will be granted to pet owner.
• Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of RVT’s and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Felix and Fido may, in its reasonable discretion, issue refunds.
• Refunds for Failure to Perform. If we determine in our reasonable discretion that an RVT has failed to provide treatments, or services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel an appointment and/or issue a full or partial refund to a Pet Owner.
• General Terms for Cancellations. If you wish to cancel an appointment, you should use the mechanisms available through the Felix and Fido Service to do so. For purposes of the policies and terms in this Section 8.7, the date of cancellation is the date that a user cancels through the Felix and Fido Service, regardless of any separate communications between users outside of the Felix and Fido Service.
• Payment Disputes; Payment Outside of the Felix and Fido Service. Felix and Fido initiates payments to Service Providers 48 hours after completion of an appointment. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and RVT, and Felix and Fido have no obligation to mediate or facilitate any resolution. Further, Felix and Fido have no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Felix and Fido Service.

8.6 Payment Holds. If you are an RVT, Felix and Fido reserve the right to issue a hold on amounts otherwise payable to you pursuant to Section 8.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Felix and Fido, the Felix and Fido community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.

8.7 Authorization to Charge. When you pay for Services on the Felix and Fido Service, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed appointments. Felix and Fido’s role is to facilitate payments from Pet Owners to RVT’s as limited payment agent for the RVT. You authorize us to charge your credit card or other payment method for fees you incur on the Felix and Fido Service as they become due and payable, and to charge any alternative payment method Felix and Fido has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Felix and Fido nor the RVT will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Felix and Fido Service are non-refundable once paid.

8.8 Taxes. Except for taxes on Felix and Fido’s income and gross receipts or where Felix and Fido is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Services via the Felix and Fido Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Felix and Fido Service.

9. Background Checks and Identity Verifications.

Felix and Fido may provide RVT’s with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). Outside of the US and Canada, these services are limited to Identity Verification. We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.

If you undergo a Background Check or Identity Verification via the Felix and Fido Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Felix and Fido may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about an RVT, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Felix and Fido’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Felix and Fido reserves the right to suspend or terminate your access to the Felix and Fido Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.

 

Pet Owners remain fully responsible to evaluate and investigate their RVT. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Felix and Fido does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

10.  Felix and Fido is a web service built on the Tiger platform. The general terms of Tiger are below apply also to the use of Felix and Fido

 

Tiger is a social media service that allows its users to change favors and items and communicate with each other. The Tiger-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Tiger’s website.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

No guarantees of the functioning of the Tiger service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

The Removal of a User

The service provider has the right to remove any users from Tiger and terminate their right of use of the service without any specific reason and without being liable for compensation.

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.