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Terms & Conditions
Last updated: 6/30/2021
Welcome to WagtopiaMD, a service provided through the Wagtopia Site. WagtopiaMD provides digital health and telehealth services for pets, including by connecting you with veterinarians for consultation services.
By using or otherwise accessing the WagtopiaMD you agree to the Terms as well as these additional terms (“Additional Terms”), and you represent and warrant that you have the right, authority, and capacity to enter into these Additional Terms (the Terms and Additional Terms collectively form the “Agreement”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE WagtopiaMD. Please note that we offer the WagtopiaMD “AS IS” and without warranties. If you use the WagtopiaMD on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the WagtopiaMD, Site or Services or accept the Agreement if you are not at least 18 years old.
We strive to improve the Services for you, so our Terms may change from time to time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, we shall notify you via message or by means of a prominent notice on the WagtopiaMD. By continuing to use the WagtopiaMD following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of this Agreement or with any changes that we make to the Terms or Additional Terms, please do not use the WagtopiaMD.
Any capitalized terms not defined in these Additional Terms shall have the meaning as set forth in the Terms.
WE ARE NOT A HEALTHCARE PROVIDER AND WE DO NOT PROVIDE MEDICAL ADVICE
Any information or content that you obtain or receive from us, our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational or scheduling purposes only. All medically related information, including, without limitation, information shared via the Site, emails and text messages, comes from independent healthcare professionals and organizations and is for informational purposes only.
WagtopiaMD DOES NOT PRACTICE VETERINARY MEDICINE. WHILE WE HOPE OUR SERVICE IS USEFUL TO YOU, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED VETERINARIAN, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS OR SITUATIONS REQUIRING A HANDS-ON OR IMMEDIATE RESPONSE OR TREATMENT. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
All of the veterinarians who provide information and assistance to you through WagtopiaMD are independent professionals solely responsible for the information and assistance they provide to you. The veterinarians are not employees or contractors of WagtopiaMD. WagtopiaMD is a vendor/service provider that veterinarians use to provide telemedicine communications with their patients.
Your veterinarian is responsible for any proposed treatments and compliance with the requirements applicable to his or her profession and license. Neither WagtopiaMD nor any third parties who promote the Services or provide you with a link to the Services will be liable for any professional advice you obtain from a veterinarian via the Services. WagtopiaMD does not endorse any veterinarian using our Services.
1. WagtopiaMD Services.
1.1 Description of Services. WagtopiaMD provides an online platform through which pet owners may connect with veterinary professionals about a pet’s healthcare, general questions, or questions pertaining to your pet.
1.2 Informed Consent. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location. The Telehealth Services you receive from your veterinarian are not intended to replace a veterinary client patient relationship or be your permanent medical home. As with any online health service, there are potential risks associated with use. When using this service, you understand the additional risks of telehealth and waive any liability to Wagtopia or the veterinarian. These risks include but may not be limited to:
information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the veterinarian;
delays in evaluation or treatment could occur due to failures of the electronic equipment or clinic staffing;
lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
an incomplete or inaccurate diagnosis of pet.
If your pet is experiencing an emergency, you should visit an emergency room or call your primary veterinary clinic immediately. It is not recommended to use our Service when your pet is having an emergency.
By accepting these Terms, you acknowledge that you understand and agree with the following: you may expect the anticipated benefits from the use of telehealth, but that no results can be guaranteed or assured. In some instances, your veterinarian may determine that the Services are not appropriate for some or all of your pet’s treatment needs, and accordingly may elect not to provide telehealth services to you. In the event an in-office visit is requested, your veterinarian may charge you for services rendered through WagtopiaMD.
You may also be able to send written notes to your veterinarian or to customer support using a secure messaging portal within the Site (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one veterinarian or customer support agent and will typically be answered within forty-eight (48) hours. You should not rely on the Messaging Portal if you need immediate attention from a veterinarian or other health care professional. If your pet is experiencing a medical emergency, you should contact the nearest emergency clinic. You understand and agree that messaging with veterinarians over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, or medical advice.
1.4 Account. By accessing the Site, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for the WagtopiaMD, create an account, request service, communicate with a veterinarian or customer support agent, or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes an inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Please refer to Sections 23 and 24 of the general Terms.
The price of any Services will be the price agreed between the user and veterinarian.
*Wagtopia provides a percentage of the fees collected through WagtopiaMD to AWO’s that refer pet owners to the WagtopiaMD program.
3. Disclaimer of Warranties.
Please refer to Section 15 of the general Terms.
In addition, we provide WagtopiaMD to provide options for you to receive telehealth assistance for your pet, and we want your experience with our Site to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) your veterinarians and their provision to you of tele-health-related services, (b) what Services or content you access, (c) what effects the Services or content may have on you or your pet, (d) how you may interpret or use the Services or content. You release us from all liability for you having acquired, you having not acquired, or your use of the Services and content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or redeemed through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. e. FURTHERMORE AND WITHOUT LIMITATION, WE DO NOT WARRANT THAT THE USE OF THE SITE WILL RESULT IN ANY PARTICULAR RESULTS AND/OR THAT YOUR PET’S HEALTH WILL IMPROVE AS A RESULT OF YOUR USE OF THE SERVICE.
Please refer to Section 17 of the general Terms.
In addition, you agree to defend, indemnify, and hold harmless Wagtopia, and its respective its affiliates, and licensors and their respective officers, directors, employees, contractors, agents, licensors, representatives, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting directly or indirectly from: (a) your use of the WagtopiaMD or Services accessed or used by you, including any acts or omissions taken in reliance on the Services; or (b) your breach of these Additional Terms.
5. Neutral Venue. No Agency or Endorsement..
THE WagtopiaMD SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PET OWNERS MAY CONNECT WITH VETERINARIANS ABOUT A PET’S HEALTHCARE, GENERAL QUESTIONS, OR QUESTIONS PERTAINING TO THE PET. YOU UNDERSTAND AND AGREE THAT WagtopiaMD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND VETERINARIANS, NOR IS WagtopiaMD PRACTICING OR ADMINISTERING ANY DIAGNOSIS, TREATMENTS, OR HEALTHCARE SUGGESTIONS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY VETERINARIAN, NOR SHALL WagtopiaMD BE DEEMED TO ENDORSE ANY VETERINARIAN. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY VETERINARIAN, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE ARE NOT A PARTY TO ANY COMMUNICATIONS, OR TRANSACTIONS WITH A VETERINARIAN, AND WE ARE IN NO WAY RESPONSIBLE FOR THE SERVICES OFFERED, PERFORMANCE OR NON-PERFORMANCE OF ANY VETERINARIAN HEREUNDER. PRIOR TO USING THESE SERVICES YOU ASSERT THAT A VETERINARY-CLIENT-PATIENT-RELATIONSHIP (VCPR) EXISTS WITH THE VETERINARIAN AND PET YOU HAVE CONNECTED OR, IN THE ABSENCE OF VCPR, YOU ARE ONLY SEEKING VETERINARY ADVICE AND NOT A DIAGNOSIS, TREATMENT, OR PRESCRIPTION MEDICATION.
6. Emergency Fund.If your Subscription includes access to WagtopiaMD's $3,000 emergency fund (the "Emergency Fund"), you will be subject to our WagtopiaMD Emergency Fund Terms & Conditions(which are incorporated by reference herein and which supplement these Terms). By subscribing to the Emergency Fund, you acknowledge and agree that:
(a) There is a 14-day mandatory wait period upon starting your WagtopiaMD Subscription before the Emergency Fund is available to you (the “Wait Period”). If a veterinary doctor determines you are having a life-threatening emergency and need immediate care for your pet before the expiration of the Wait Period, the Emergency Fund will not yet be at your disposal. You will also be subject to the Wait Period again if you cancel and reactivate your Account.
(b) The Emergency Fund is only available to you if your Subscription Fees are made continuously and without interruption. If the payment method we have on file for you fails, you will lose access to the Emergency Fund. If you cancel your Account, you will lose access to the Emergency Fund.
(c) If you suspect your pet is having a life-threatening emergency and needs immediate care, you must consult our veterinary doctors before gaining access to the Emergency Fund. All emergencies must be assessed and referred by one of our veterinary doctors through the WagtopiaMD platform. A live face to face video call or a video recording is mandatory to determine if it is a life-threatening emergency or not. You cannot access the Emergency Fund if the pet has been admitted for emergency care prior to contacting one of our veterinary doctors as set forth above.
(d) The Emergency Fund only pays for the initial emergency care. All other follow up care is at the expense of the pet owner. Additionally, the Emergency Fund will not cover additional costs associated with euthanasia, such as cremation or memorabilia.
(e) The Emergency Fund is restricted to a one-time annual pay-out in an amount not to exceed $3,000, regardless of the amount of the emergency. In other words, you are only entitled to access the Emergency Fund one time during each year of your Subscription, even if the emergency is less than the $3,000 limit.
(f) You have up to a maximum of 4 hours to take your pet to an emergency clinic or any veterinary clinic of your choice after being referred by our vets. If you exceed the 4-hour period to use the Emergency Fund, the funds will not be released for your pet's care.
(g) You will not qualify for the Emergency Fund if our veterinary doctors have previously recommended a visit to your vet clinic and you failed to comply. Waiting to take your pet in for medical care can result in an unnecessary emergency for your pet and we do not support medical negligence.
(h) The Emergency Fund only covers your cats and dogs. No other pets are entitled to participate in the Emergency Fund. You may be required to provide proof of ownership of your pet in the form of a pet license or registration.
(i) You can take your pet to any veterinary clinic located within the United States. Please keep in mind that some clinics require a deposit before accepting your pet for evaluation. WagtopiaMD cannot provide the deposit for you, however, upon receiving the final invoice, the deposit will be included in the final payment issued by WagtopiaMD. This means whatever deposit you left upon checking in will be credited back to your account at the discretion of the clinic.
(j) The Emergency Fund is non-transferable to other parties and their pets.
(k) We do not cover emergencies associated with breeding or pregnancy issues.
(l) In order to gain access to your emergency fund, we require completed profiles for all of your pets with their name, age, weight, breed, and a clear photo. If this information is missing, you will not have access to your emergency fund.