Terms of use
General terms of use
We, the Veterinärmedizinisches Dienstleistungszentrum (VetZ) LLC, make our platform petsXL.com (hereinafter referred to as “petsXL”) and the contents and services offered therein available to you as a user on the basis of these terms of use. Download, installation and use of petsXL as well as the use of the contents and services offered therein are only permitted on the basis of these terms of use.
You can use petsXL as a website in internet browsers or as an app with the mobile operating systems Apple iOS and Android OS. The term “petsXL” is used in these terms of use for both types of uses.
By registering with petsXL, a contract of use is concluded between you and VetZ. These terms of use are an integral part of this contract and must be read carefully before agreeing to them and before starting registration or installation. They also apply to all eventual upgrades and any other software or documentation that enables the use of petsXL.
Scope of services
petsXL is a digital platform for animal health and communication.
petsXL enables you to record, collect and communicate animal health data and supports you in the digital health management of your animals. With petsXL you have complete control over all medical records and all the health data of your animals and can share them securely and easily with your attending veterinarian.
With petsXL you can make appointments with your veterinarian, inform him of the health status of your animals and have him remind you of vaccinations, important treatments, examinations and preventive measures. You can settle all financial matters with your vet, pay your vet bills and forward them to your pet health insurance company. If you wish, petsXL can also provide you with instructions on how to use the medications your vet has prescribed for your animals.
At petsXL you have access to veterinary content and can share your own content with other petsXL users and veterinarians defined by you. You also have the opportunity to participate in forums, blogs and other interactive services.
petsXL was developed exclusively for animal owners. By registering and agreeing to these terms of use, you declare that you belong to this group of people.
petsXL is updated by us at regular intervals. We reserve the right to change the services offered at petsXL or to offer different services. We take no responsibility for the content you provide (legality, correctness and completeness).
For the use of petsXL no user fee is charged, unless a separate agreement is made for special services.
petsXL expressly does not offer any veterinary services, diagnoses or therapies of its own. The use of petsXL cannot replace a visit to the veterinarian. In case of doubt, please consult a veterinarian. The safety instructions and exclusion criteria listed at petsXL are binding and must be observed in any case.
Conclusion of contract
The contract for the use of petsXL is concluded when the website is accessed or the app is installed. When installing the app, the terms and conditions of the operators of the Apple App Store or the Google Play-Store apply in addition to these terms of use.
Registration
Before you can use petsXL, you have to register. To do so, enter your name, your e-mail address and a valid password. You will then receive an e-mail with a confirmation link that you must click on to confirm your entries. By doing so, you also assure that the personal details you provided during registration and the fact that you belong to the animal owner group are true and free of errors. Afterwards we will activate your access and you can use petsXL with your access data.
You must be at least 16 years old at the time of your registration.
If you do not confirm your entries via the confirmation link, your access data will be deleted automatically after 48 hours.
There is no legal right to use petsXL. We are entitled to refuse registration without providing reasons.
Confidentiality of the access data
Your access data is exclusively for your personal use. You are obliged to keep your access data, especially your password, secret at all times, to prevent unauthorized use of petsXL by third parties. If you know or suspect misuse of your access data, you must inform us immediately. If you are aware of any misuse of your access data or even suspect it, you must inform us immediately. In case of misuse or suspected misuse, we are entitled to block your access to petsXL immediately. You are liable for all consequences of third-party use if you are responsible for the misuse of your access data. You are liable for the misuse in particular, if the unauthorized use of the entrance data was made possible by you, even if it was only by negligence.
Withdrawal of access authorization and termination
We reserve the right to temporarily or permanently block your access to petsXL without giving reasons and/or to withdraw your access with immediate effect or within a reasonable period of time, and to terminate the contractual relationship without notice, in case of violations of these terms of use – especially in case of false statements made during registration, unauthorized disclosure of access data, and/or misuse of petsXL. In these cases a new registration is only possible with our explicit consent.
The access authorization expires automatically as soon as you no longer belong to the authorized group, meaning animal owners.
The registration can be canceled in writing at any time and the contract for the use of petsXL can be terminated by a simple written declaration or by deleting your profile at petsXL.
Provided materials
For various services offered on petsXL, you have the possibility to upload your own materials (for example X-rays, photos, videos or texts) and make them available to petsXL users, defined by you, for specific purposes. You are solely responsible for the content of these materials provided by you. You hereby indemnify us, our bodies, and our employees from all possible claims of third parties, in particular claims due to an infringement of copyright, design patent, trademark and/or personal rights in connection with the materials transmitted by you. You also warrant that the content of the materials does not violate any public law regulations, in particular criminal laws. We reserve the right to interrupt the display of your materials if there is a suspicion of a violation of the rights of third parties or a violation of public law regulations, in particular criminal laws.
You grant us a simple right of use, unrestricted in terms of space, time and content, to the posted content (for example, illustrations, contributions, comments, votes or evaluations).
We are not obliged to check the materials for possible infringements of third-party rights or in any other way.
Irrespective of the above provisions, we reserve the right to delete the submitted materials after a specified period of time.
Responsibility for contents and deletion of contents
We assume no responsibility for the up-to-dateness, correctness, completeness or quality of the contents posted on petsXL. We do not take responsibility for the content of linked websites as well as websites linked to petsXL.
You have to make sure that the content of your contributions including possible links to other websites does not violate legal prohibitions, morality and rights of third parties (for example, trademark, name, copyright, data protection, personal rights) and you are liable to us for compensation of all damages resulting from the above mentioned situations. In this case, you shall indemnify us for any claims of third parties resulting from these violations, including the legal costs of legal prosecution.
External suppliers
If and insofar as goods or services offered by third parties are integrated on petsXL, contracts for the purchase of such services shall be concluded exclusively with the respective provider.
Data security
We commit ourselves to respect and observe the right to data protection of the users of petsXL. To find out how personal data is processed in each case, visit Privacy Statement.
Liability
As far as you make contents (for example, pictures or texts) available to certain other petsXL users, you are exclusively responsible for it. We only provide the technical medium and are not responsible for the accuracy, correctness or reliability of these contents. In particular, we are not liable for loss or damage caused by reliance on such information. If damage results from the loss of data, we are not liable for this, regardless of any involvement, insofar as the damage would have been avoided by an appropriate, regular and complete backup of all relevant data by you.
We do not check the data entered by you and third parties (for example by veterinarians or other users) for accuracy, completeness or plausibility.
We are not liable for damages that are due to incorrect information provided by you or third parties (for example veterinarians or other users).
Otherwise, we shall be liable for damages caused intentionally or by gross negligence, that are the consequence of the absence of a guaranteed quality of the object of performance, that are based on a culpable violation of essential contractual obligations (so-called cardinal obligations), that are the consequence of a culpable injury to health, body or life or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions. Cardinal obligations are such contractual obligations, that must be fulfilled to enable the proper execution of the contract in the first place. The contractual partner may regularly rely on their observance, and their violation, on the other hand, endangers the achievement of the purpose of the contract.
In the event of a breach of a cardinal obligation, liability – insofar as the damage is based only on slight negligence and does not affect life, limb or health – shall be limited to such damage which must be typically and predictably expected to occur in the course of the provision of services such as the contractual services. Otherwise, liability – regardless of the legal grounds – is excluded both from us and from our vicarious agents and assistants.
Copyright
petsXL and the contents and services offered therein are works protected by copyright and/or other protective rights and are our property. The granted rights of use are limited exclusively to the provision and use of petsXL and the contents and services offered therein, in the frame of these terms of use and, according to them.
In this respect, we grant a simple and non-transferable right, revocable at any time and limited to the duration of the contractual use, to use petsXL and the contents and services offered therein, for own non-commercial purposes.
Unless further use is expressly permitted in these terms of use or is made possible by a corresponding functionality (for example a download button), the content and services offered may only be accessed and displayed on the devices you use. Any use for or in connection with commercial purposes is prohibited.
In particular, the design of petsXL as well as the texts, graphics, layouts, images, videos and databases contained therein are protected by copyright. The offer of petsXL may not be interpreted in such a way that a license to a copyright or other property right is granted tacitly, through legal action or in any other way.
Amendment of the terms of use
We reserve the right to change the terms of use at any time and without giving reasons. You will be informed about the new terms of use directly when you access petsXL. The new terms of use are considered as accepted, as soon as you have agreed to them at this point. If you object to them, either party has the right to terminate the contract of use with immediate effect.
The possibility of changing the terms of use does not, however, apply to changes that restrict the content and scope of petsXL’s existing core usage options to your disadvantage, nor to the introduction of new obligations that have not yet been laid down in the terms of use.
Final provisions
These terms of use are exclusively subject to the law of the Federal Republic of Germany under the exclusion of the UN Convention on Contracts for the International Sale of Goods.
You can access, save and print the current terms of use on petsXL at any time. We also store the terms of use and make them available to you by e-mail on request.
Since 01/09/2016, the regulation (EU) number 524/2013 (ODR regulation) on online dispute resolution in consumer matters has been in force. The EU Commission has established an internet platform (“OS Platform”) for the settlement of disputes between businesses and consumers. The OS Platform can be reached at
ec.europa.eu/consumers/odr.
Should individual clauses of these terms of use be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The omitted provision shall be replaced by a provision that comes as close as possible to the economic purpose of the omitted provision in a legally permissible manner. The same applies in the event of a regulatory gap.