Terms & Conditions
My Vet Mate
Last updated April 2025
1. Background
(a) My Vet Mate (we/us/our) provides veterinary consultation services and pet health information through our website located at www.myvetmate.com.au or through your communications with us (the Platform).
(b) We provide general advice and recommendations for pet owners to deal with health-related concerns and agree to provide these Services in accordance with the terms of this Agreement.
2. Acceptance and variation
(a) By accessing or using the Platform, or requesting that we provide you the Services, you agree to be bound by these Terms and Conditions (Terms). If you do not agree to these Terms, you must cease using the Platform and any Services immediately.
(b) We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Platform and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Platform at any time, without liability or further notice to you.
(c) Your continued use of the Platform or engagement of our Services subsequent to a change taking place will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.
3. Incorporation of policies
(a) These Terms are to be read in conjunction with our current policies including our Privacy Policy.
(b) We may from time to time adopt additional policies that will govern other interactions and transactions with you. All newly adopted Policies will be displayed on the Platform.
4. Obligations
4.1 Our obligations
We will provide the Services to you:
(a) in a professional manner with due care, skill and diligence;
(b) by a registered and experienced veterinarian;
(c) in accordance with all Laws and applicable regulations and codes in Australia; and
(d) in accordance with this Agreement.
4.2 Your obligations
(a) To enable us to perform the Services in accordance with this Agreement, you must promptly provide us with:
(i) all video, photographs, and any other materials required for the delivery of the Services; and
(ii) all reasonable information and assistance needed to identify your pet such as species, age, breed, neutering status, etc.
5. Services
5.1 Scope of Services
We provide Consultation Services which may include the provision of veterinary advice and recommendations based on a preliminary assessment of your pet to advise on the urgency of treatment and further actions to be taken. You acknowledge and agree that in providing you advice in relation to your pet, we will not provide a diagnosis or prescribe medication for the health-related issue/s.
5.2 Limitations
(a) While we do our best to facilitate the provision of accurate advice, you acknowledge and agree that:
(i) opinions between veterinary professionals may differ;
(ii) recommendations as to treatment or further actions may change as veterinary standards of practice evolve;
(iii) any advice given during our Consultation Services may be impacted by the absence of a physical examination and are not intended to completely replate a physical examination of your pet. We recommend that you seek further examination where health issues or concerns persist;
(iv) our Consultation Services are not a substitution for emergency veterinary services and are intended to provide general advice only. In the event of serious symptoms, conditions or trauma, you should take your pet to an emergency veterinary practice immediately; and
(v) you should not disregard advice from your primary veterinarian because of information provided by us during Consultation Services.
(b) Despite the nature of the Platform, including the use of ‘live chat’ and ‘instant messaging’ functionalities, we cannot guarantee (and does not represent) that Consultation Services will be provided immediately upon request or within any determined time frame. Time frames for access to our Consultation Services are subject to availability and may be displayed on the Platform from time to time.
6. Platform
6.1 Permitted use
(a) You agree that you are only authorised to use the Platform for the following activities:
(i) reading our information and advice relating to pet health issues;
(ii) engaging us for our Services;
(iii) conducting investigations with respect to our business;
(iv) retrieving our contact details and communicating with us;
(v) reviewing our policies; or
(vi) otherwise transacting with us.
(b) You must not use any part of the Platform for any commercial purposes (other than transacting with us).
6.2 Interference
You agree that you will not:
(a) use any automated processes or means to access the Platform;
(b) use any software or manual repetition that will or is likely to interfere with the Platform; or
(c) attempt to cause stress or detriment to the proper working of the Platform, such as by acting in any way likely to cause an unreasonable strain to the infrastructure of the Platform.
6.3 Communications
(a) When visiting the Platform or sending information to us, you are communicating with us electronically. By making such electronic communications you consent to receiving communications from us electronically.
(b) We may communicate with you by:
(i) email to any email address that you have provided;
(ii) by text message or phone call to the phone number that you have provided;
(iii) via a third-party platform such as WhatsApp;
(iv) via our website; or
(v) by any other means set forth in any of our Policies.
6.4 Your account
You may create a registered account, but on doing so you agree to:
(a) not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Platform;
(b) transfer or provide access to your account to someone else;
(c) maintain the security of your user identification, password and personal information and any other confidential information relating to your account;
(d) notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password;
(e) take responsibility for all purchasers and charges resulting from use of your account, including unauthorised use prior to you notifying us of such use;
(f) update and keep your personal information relating to your account accurate, including but not limited to with respect to your email address, residential address, postal address and any other contact or personal information that we may require upon creation of your account.
6.5 Updates
(a) We may, from time to time:
(i) update the Platform or any part of it; and
(ii) make modifications to the Platform (provided such variations do not limit your rights under this Agreement).
(b) We will provide you with notice of any material changes made to the Platform prior to the changes taking effect.
(c) Any new services which become available under 6.5(a), will be governed by the terms of this Agreement.
6.6 Support
We will use our best endeavours to provide support services to you within 3 Business Days of a request being made. Support services provided under this Agreement do not include any dealings with or responding to issues related to your Systems.
6.7 Your Systems
You are solely responsible for obtaining and maintaining all Systems needed to connect to, access or use the Platform.
6.8 Disclaimer
(a) You acknowledge that internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software. Accordingly, the Platform is delivered on an “as is” and “as available” basis.
(b) Although every effort has been made to verify the accuracy of the information contained on the Platform, we, our officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained on this website or any loss or damage suffered by any person directly or indirectly through relying on this information.
(c) We undertake all due care with any information which you may provide when accessing the Platform and to preserve such information in a secure manner and in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Platform is entirely at your own risk.
(d) You acknowledge and agree that we have not made any representations or warranties that the Platform will be error free or available at all times without interruption.
7. Fees, charges and payments
7.1 Fees
(a) In consideration for the Consultation Services, you agree to pay us the Fees in the amount and manner as specified in our Fee Schedule from time to time.
(b) Fees will be payable in advance of provision of the Consultation Services.
(c) You acknowledge and agree that we may reasonably vary our Fees from time to time via provision of a revised Fee Schedule to you on our Platform and via email. If you do not agree to the amendment to our Fee Schedule, you may terminate this Agreement in accordance with clause 11.
(d) We will issue a tax invoice to you upon your payment being processed.
7.2 Payments
(a) One-off payments of the Fees will be processed by our third-party payment providers.
(b) Where we have offered a subscription option to access the Platform and Consultation Services:
(i) you will be asked to expressly agree to us (through our payment processing providers) charging your chosen payment method on a recurring basis, and the amount of the recurring charge;
(ii) you must cancel your subscription by providing at least 7 days written notice to us prior to your next billing cycle, or utilising our subscription management tools (if available). If you fail to cancel your subscription, you agree to be charged Fees for the next subscription period to your chosen payment method.
(c) If you fail to make payment of all amounts rightfully due and owing to us in accordance with this Agreement, we may immediately suspend Access to the Platform and the Services until payment is made in full.
7.3 GST
Unless otherwise expressly stated, all amounts payable under this Agreement are exclusive of GST. If GST is imposed on any supply made under or in connection with this Agreement and GST has not been accounted for in determining the consideration payable, we may recover the GST amount from you.
8. Intellectual Property
8.1 Our Intellectual Property
(a) The information and materials contained within the Platform (including its coding, photography, wording and designs) are owned by us or granted to us under licence and are protected under the Copyright Act 1968 (Cth).
(b) You may only retain copies of information on the Platform if it is obtained incidentally to your viewing and if kept only for your own personal reference.
(c) Nothing in these Terms is to be construed as an assignment or transfer of any ownership rights in the Intellectual Property Rights in our Platform, or any other content and materials belonging to us prior to your acceptance of these Terms.
8.2 Trade marks
You acknowledge and agree that you are not granted any right or licence to any of our trade marks as displayed on the Platform, or the trade marks of any third party displayed on the Platform.
8.3 Your Intellectual Property
You grant us a perpetual, irrevocable, world-wide, royalty free, non-exclusive licence (including the right to novate or assign the licence, and to sub-licence) to use, reproduce, adapt, modify and communicate all content and material you upload to our Platform or otherwise provide to us, for any purpose relating to the use of our website, operation of our business, and provision of Services to you.
9. Consequences for violation
(a) If you violate these Terms in any way, we may in our sole discretion and without notice to you:
(i) take any legal action we have available against you;
(ii) block your use of the Platform;
(iii) stop providing Services to you; and
(iv) disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.
(b) You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, and in such a case irrevocably consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
(c) If we are required to terminate your account, block your use of the Platform, you hereby release and hold us harmless from all damage, loss, expense, cost or liability that you may suffer as a result.
10. Confidentiality
10.1 Keep confidential
Each party must:
(a) keep confidential all Confidential Information; and
(b) only use Confidential Information for the purpose of providing or receiving (as the case may be) the Services; and
(c) procure that its Personnel comply with sub-clauses (a) and (b).
10.2 Disclosure exceptions
The obligations in clause 10.1 do not apply:
(a) to the extent necessary to enable a party to make any disclosure required by Law;
(b) to the extent necessary to enable a party to perform its obligations under this Agreement, including disclosing certain information such as your name, pet details and details of the consultation provided by us to a veterinary clinic;
(c) provided a third party receiving the Confidential Information has obligations of confidentiality equivalent to those contained in this clause 10 and only in circumstances where:
(i) disclosure is required for any quality assurance or insurance purposes; or
(ii) necessary to receive professional legal or financial advice; or
(d) to any disclosure agreed in writing between the parties.
11. Termination and cancellation
11.1 Cancellation of subscription
(a) Where you cancel your subscription in accordance with clause 7.2(b)(ii), you will continue to have access to the Platform and Services until the end of the current billing period.
(b) For the avoidance of doubt, cancellation under this clause will not entitle you to any refund of Fees that have been paid in respect of the then current billing period.
11.2 Termination by notice
(a) Either party may terminate this Agreement by at least thirty (30) days written notice to the other (Termination Notice).
(b) You may terminate this Agreement by notice to us where you do not agree with a proposed Fee increase by us pursuant to clause 8.1(c).
(c) Notice provided in accordance with clause 11.2(b) must be given at least 7 days prior to, and becomes effective from, the date the proposed Fee increase is to take effect.
11.3 Termination for breach
Either Party may, without prejudice to its other rights or remedies, terminate this Agreement with immediate effect by written notice to the other party, in the event of:
(a) any material breach of the Agreement by the other party which is not remedied within 10 days after the service on the party in default of a written Notice specifying the nature of the breach and requiring that the same be remedied; or
(b) the other party becoming Insolvent.
11.4 Effect of termination
(a) Upon termination or expiry of this Agreement any accrued rights or liabilities of a party will not be affected.
(b) Clauses 8, 9, 10, and 12 survive termination of this Agreement.
12. Liability
(a) Neither party will be liable to the other whether in contract, tort (including negligence) or otherwise in connection with the Agreement, for loss or damage to the extent that the other party contributed to the loss or damage.
(b) Subject to subclause (d), to the extent permitted by Law, neither party will be liable to the other party for any Consequential Loss suffered or incurred by the other party whether in contract, equity, tort (including negligence) or otherwise in connection with the Agreement even where the other party were appraised of the likelihood of such Loss occurring.
(c) Subject to subclause (d), to the extent permitted by Law, our maximum liability to you, whether in contract, equity, tort (including negligence) or otherwise in connection with the Agreement, is limited to the greater of:
(i) the amount paid out under any of the Insurances (less any excess); and
(ii) the aggregate of our Fees that arose during the term of this Agreement.
(d) A party who suffers Loss must use reasonable steps to mitigate its Loss. The other party will not be responsible for any Loss to the extent that the injured party could have avoided or reduced the amount of the Loss by taking reasonable steps to mitigate its Loss. We will not be liable for loss suffered by you where you decide not to act in accordance with our reasonable advice and services, for example, a suggestion by us that you should seek further advice from a veterinarian in person.
13. Notices
Any notice given under or in connection with this Agreement:
(a) must be in legible writing and in English;
(b) must be addressed to a party’s contact details as provided via the Platform or as otherwise notified by a party to the other party from time to time.
14. Variations
(a) You acknowledge and agree that we may unilaterally modify, permanently or temporarily disable or discontinue any part of the Platform or Consultation Services, without liability or further notice to you.
(b) The current version of this Agreement is published and available within the Platform. Where changes are made to the terms of this Agreement that impact your rights or obligations, you will be provided with reasonable notice before the changes take effect. If you do not wish to accept the variation you must terminate this Agreement under clause 11.
(c) Please be aware that, your continued use of the Platform following any change under this clause 14 will constitute acceptance of the change.
15. Assignment
(a) Subject to clause 15(b), a party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.
(b) You agree that if we merge or amalgamate with another company, business or otherwise sell or dispose of our business, we may:
(i) transfer your matter, including all materials, personal information, confidential information and ideas supplied by you, to that other person, provided they agree to be bound on terms equivalent to those contained in this Agreement; and
(ii) assign, novate or otherwise transfer any of our rights or obligations under this Agreement.
16. General matters
16.1 Force majeure
Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to Force Majeure. If a delay or failure of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended. If a delay or failure by a party to perform its obligations due to Force Majeure exceeds thirty (30) days, either party may immediately terminate this Agreement on providing Notice to the other party.
16.2 Consents
Unless this Agreement expressly states otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under this Agreement. To be effective any consent under this Agreement must be in writing.
16.3 Entire Agreement
This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.
16.4 Further acts
Each party must promptly do all further acts and execute and deliver all further documents required by Law or reasonably requested by another party to give effect to this Agreement.
16.5 Jurisdiction
This Agreement is governed by the law in force in the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
17. Definitions and interpretation
17.1 Definitions
In this Agreement:
Access means to provide you with entry into an operational, fully functioning version of the Platform.
Account means an account within the Platform which may be required for Access to the Platform and for us to authenticate and authorise use of the Platform.
Agreement means this document and any schedules or annexures to it or contemplated by it.
Business Day means a day that is not a Saturday, Sunday or any other day that is a public holiday or bank holiday in the place where an act is to be performed or a payment is to be made.
Claim includes a demand, claim, action, dispute or proceeding made or brought by or against the person, however arising and whether present, unascertained, immediate, future or contingent.
Confidential Information means information that is by its nature confidential, or is designated by a party as confidential, or that a party knows or ought to know is confidential, other than information which is or becomes public knowledge otherwise than by breach of this Agreement or any other confidentiality obligation.
Consequential Loss means indirect economic loss, loss of income or profit, loss or damages resulting from wasted management time, damage to goodwill or business reputation, loss of contract, loss of data, liability under other agreements or to third parties, loss of opportunity or any other special, indirect, remote or punitive loss or damage.
Consultation Services means the veterinary consultation and triage services provided by us to you via the Platform and includes and ancillary services.
Copyright Act means the Copyright Act 1968 (Cth).
Fees mean the fees payable to us under this Agreement calculated in accordance with the Fee Schedule.
Fee Schedule means the Fees payable for the Consultation Services and/or Access to the Platform as provided at our then prevailing rate listed on our website.
Force Majeure means any cause beyond the reasonable control of a party and which that party is unable to overcome by the exercise of reasonable diligence and at a reasonable cost, including an act of God, fire, earthquake, storm or flood, and the failure of third-party equipment, software, technology or other services necessary for the performance of a party’s obligations under this Agreement.
Law includes any requirement of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, and whether state, federal or otherwise.
Loss includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any Claim) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.
Platform means the website, program and/or application through which we provide pet health content and/or the Consultation Services
Privacy Act means the Privacy Act 1988 (Cth).
System means all computer firmware, middleware, protocols and other computer programs and all computer hardware, peripheral equipment, networks, communications systems and other equipment of whatever nature, used within the Platform.
17.2 Interpretation
Unless it is expressly stated that a different rule of interpretation will apply:
(a) a reference to an agreement includes any variation or replacement of the agreement;
(b) if the due date for any obligation is not a Business Day, the due date will be the next Business Day;
(c) all currency amounts are in Australian dollars;
(d) headings are provided for convenience and do not affect the interpretation of the documents making up the Agreement;
(e) “include”, “includes” and “including” must be read as if followed by the words “without limitation”;
(f) if a word or phrase is defined its other grammatical forms have corresponding meanings;
(g) agreements, representations and warranties made by two or more people will bind them jointly and severally;
(h) a reference to any legislation includes any consolidation, amendment, re-enactment or replacement of legislation;
(i) no rule of construction will apply to a provision of a document to the disadvantage of a party merely because that party drafted the provision or would otherwise benefit from it;
(j) if any part of the Agreement is invalid, unlawful or unenforceable, the invalid, unlawful or unenforceable part of the Agreement will not apply but the other parts of the Agreement will not be affected.
