Terms of Service
Last Modified: October 29, 2021
These terms and conditions are entered into by and between You and Brisk Health Pets, Inc (‘Brisk Health Pets’, ‘we,’ or ‘us’). The following terms and conditions govern your access to and use of www.briskhealthpets.com (the ‘Website’), and/or the Brisk Health Pets mobile application (the ‘Mobile Application’) (together, or individually, the ‘Platform’) including any content, functionality, and services offered on or through the Website or our Mobile Application, whether as a guest or a registered user. Please read these Terms and Conditions (‘Terms’) carefully before using the Website. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree with these Terms, then you are not permitted to access the Platform. You must be 18 years of age or older to use our Website or Mobile Application.
Modifications to these Terms and Conditions
We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on the Platform and are effective immediately upon publication on the Platform. Your continued use of the Platform after any update constitutes your agreement to be bound by the updated Terms. You are responsible for regularly reviewing the Terms.
Brisk Health Pets Veterinary Services
Brisk Health Pets is a mobile and virtual veterinary practice, specializing in the care of domestic pets. That is to say we provide veterinary services on-site at your premises or online through telemedicine (also referred to as telehealth). Consultations are typically performed in your home. We have the equipment and ability to perform most veterinary treatments. However, now we are not a veterinary hospital and do not have the associated physical facilities to treat pets requiring extended hospitalization. If you are happy with these limitations, we are happy to accommodate your pet’s needs as best we can.
OUR PLATFORM ALSO INCLUDES ACCESS THAT ALLOWS PET OWNERS TO CONNECT WITH VETERINARIANS AND VETERINARY TECHNICIANS ABOUT A PET’S HEALTHCARE OR ASK QUESTIONS PERTAINING TO A SPECIFIC PET.
Informed Consent for Telehealth Pet Visits
• Telehealth is the delivery of veterinary 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 the means for your permanent veterinary care for your pet. As with any online health service, there are potential risks associated with use. When using these services, you understand the additional risks of telehealth and waive any liability on the part of Brisk Health Pets or any veterinarian, veterinary technician, or other employee of Brisk Health Pets. These risks include but may not be limited to the following: 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 due to failures of the electronic equipment; an incomplete or inaccurate diagnosis of your pet. IF YOUR PET IS EXPERIENCING AN EMERGENCY, YOU SHOULD VISIT AN EMERGENCY ROOM. DO NOT USE OUR PLATFORM WHEN YOUR PET IS HAVING AN EMERGENCY.
Client Transfer of Services
In signing up for our Platform, you are requesting to change services from your current or previous veterinarian. This change is to include all routine veterinary care plus provision of all preventative veterinary medications and prescription medications but does not include hospitalization or emergency services.
We cannot supply a medication that requires a prescription without first seeing your pet. Repeat prescriptions can only be given if the pet is in the care and attention of one of our attending veterinarians, and we reserve the right in certain circumstances to re-examine your pet again before prescribing. All prescriptions must be paid for in advance.
Important Note on General Queries
We are unfortunately unable to answer queries made by owners whose pets are not under our veterinary care. We suggest that you discuss your concerns with your own vet. They are in the best position to advise you.
If you are unhappy with the treatment or progress of your pet, we can arrange for a second opinion from another veterinarian at your cost.
Treatment and Records
Subject to our professional duties as veterinary medical professionals, we reserve the right to make final decisions on treatment. We retain the responsibility for case records, including radiographs, ultrasound scans, and similar documents. Although we charge you for the taking of such radiographs and scans, and for the subsequent diagnoses and advice, we retain ownership of them. In appropriate circumstances, copies can be forwarded to another veterinarian.
We reserve the right, but are not obligated, to limit the offering of our services to any person, or in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. We reserve the right to discontinue any services at any time. Any offer for any services made on this site is void where prohibited by law. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.
General Terms for the Use of our Platform
By creating an Account on our Platform, you agree to receive our newsletters, marketing and promotional materials and other information we may send you. However, you may elect to stop receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any of these communications you receive from us.
Promotions and Free trials
If you choose to participate in a promotion or free trial of Brisk Health Pets ’s Platform, you may cancel your participation at any time. Brisk Health Pets reserves the right to cancel or modify any promotion or free trial at any time. At the end of a free trial or promotion, you may continue to obtain Brisk Health Pets ’s services through our Mobile Application by purchasing our services as described in the section below entitled “Purchases”.
ALL CHARGES FOR ARE NON-REFUNDABLE.
To allow us to continue to provide a quality service, these payment terms will also apply to insured pets, and it is the responsibility of the client to be reimbursed by the insurance company. In giving instructions, either in person or by your agent, for a pet(s) to be treated, you will be responsible for all charges presented on the invoice, are considered NON-REFUNDABLE under any and all circumstances. When possible, we will give you an estimate of the cost of treatment, however, variations and complications may arise resulting in further costs being incurred resulting in a total bill that exceeds the original estimate. We reserve the right to charge a ‘No show/ cancellation fee’ of $100 for any visits or appointments canceled within 24 hours of a confirmed appointment time. Appointments canceled at least 24 hours in advance of confirmed time will not be charged a cancellation fee. If a pet is fractious and cannot be safely examined in an in-home visit, a travel fee to account for the veterinarian’s time will be applied to your visit.
Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (‘User Content’). You are responsible for the User Content that you post on or through the Platform, including its legality, reliability, and appropriateness. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. By posting User Content on or through the Platform, you represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Uploading media, such as but not limited to images or video of other people without their permission is strictly prohibited. We reserve the right to terminate the account of anyone found to be infringing on a copyright. We take no responsibility and assume no liability for User Content you or any third-party posts on your behalf on or through the Platform. You understand and acknowledge that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. By posting User Content using the Platform you (a) grant us a perpetual, non-exclusive, worldwide, royalty-free right and license to use, copy, print, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Platform and (b) you certify that any person pictured in your User Content (or, if a minor, his/her parent/legal guardian) authorizes Brisk Health Pets to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the content and any material included in such content; and (c) you agree to indemnify Brisk Health Pets and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your User Content and/or your failure to comply with these Terms. The rights that you grant in this license are for the purpose of operating our Platform and improving our services. This license continues even if you stop using our Platform. As an example, without limitation, we may use your User Content as a case study for training or education.
Prohibited User Content:
In addition to the requirements stated above, User Content must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Brisk Health Pets has the right but not the obligation to monitor and edit all User Content. We reserve the right, but are not obligated, to remove any content that we believe violates any of these Terms, including, without limitation, any content containing objectionable or personally identifiable information. If you believe that your User
• Content has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify us.
Brisk Health Pets’ Content
Content created by Brisk Health Pets’ that is on the Platform or found on or through the Platform is the property of Brisk Health Pets’ or used with permission (‘Brisk Health Pets’ Content’). You may not distribute, modify, transmit, reuse, download, repost, copy, or use Brisk Health Pets’ Content, whether in whole or in part, without express advance written permission from us.
Information About You and Your Visits to the Website
Prohibited Uses of our Platform
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any ‘junk mail,’ ‘chain letter,’ ‘spam,’ or any other similar solicitation.
• To impersonate or attempt to impersonate Brisk Health Pets, a Brisk Health Pets employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Brisk Health Pets or users of the Platform, or expose them to liability.
Additionally, you agree not to:
• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
• Use any robot, spider, or another automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
You may not create an account with us unless you are 18 or older and you represent and warrant that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Platform and its entire contents (excluding User Content), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Brisk Health Pets, Inc, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Platform for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website or Mobile Application, except as follows:
• Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web or mobile browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Brisk Health Pets, Inc. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Brisk Health Pets. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, the terminology used in our Website and Mobile Application, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Links To Other Websites
Our Platform may contain links to third-party websites or services that are not owned or controlled by Brisk Health Pets, Inc. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them. Brisk Health Pets, Inc has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services or for any loss or damage that may arise from your use of them. We do not warrant the offerings of any of these entities/individuals or their websites. If you decide to access any of the third-party websites linked to our website, you do so at your own risk and subject to the terms and conditions of use for such websites.
Changes; Discontinuation; Termination
We may update the content on the Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. In the event of any change in laws or regulations or for any other commercially reasonable reason as determined by us acting in good faith, we reserve the right to discontinue the operation of the Platform at any time. We also reserve the right to terminate or suspend your access to all or part of the Platform at our sole discretion for any violation of these Terms.
Governing Law Any controversy or claim arising out of or relating to use of the Platform or these Terms, where the parties are not able to resolve in an amicable fashion within a reasonable time, will be settled by courts and each party will submit to the exclusive jurisdiction of Courts in Nevada for that purpose. Each party will bear its own costs and expenses, including attorney fees and expenses, associated with any dispute. All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Nevada without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada; provided that, outside of the United States, we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BRISK HEALTH PETS NOR ANY PERSON ASSOCIATED WITH BRISK HEALTH PETS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER BRISK HEALTH PETS NOR ANYONE ASSOCIATED WITH BRISK HEALTH PETS REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BRISK HEALTH PETS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BRISK HEALTH PETS, INC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Waiver and Severability
No waiver by Brisk Health Pets, Inc., of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brisk Health Pets to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.