1. DEFINITIONS

• Unless the context otherwise requires, the different terms and expression used in these General Terms and Conditions shall have the meaning assigned to them in the following paragraph.

• “Agreement” means these General Terms and Conditions, any policies/guidelines formulated by PD from time to time in respect of the Services and any amendments made thereto by PD from time to time.

• “PD Services” or “Services” means the channelling services offered by PD to Customers utilizing the System which facilitates Customers to (a) channel veterinarians, specialists and consultants visiting Healthcare Establishments and (b) place appointments for medical check-ups at Healthcare Establishments and (c) procure other affiliated services of PD.

• “PD System or System” means the software, hardware and infrastructure developed and owned by PD or licensed to PD, through which PD Services are provided to Customers.

• “PD Service Fee” means the fee charged by PD from Customers for the Services provided to Customers.

• “Healthcare Establishment(s)” mans the hospitals, medical and health centers which have collaborated with PD to make available PD services at the respective hospital, medical and health center.

2. MODIFICATIONS TO GTC

• You agree that PD at its sole discretion may revise these General Terms and Conditions at any time without assigning any reasons therefore and you agree to be bound by all such revisions made by PD from time to time. It is your responsibility to periodically review the latest version of the General Terms and Conditions uploaded on the PD official website (www.petdoc.lk) (the ‘Website’) to stay informed of updates and revisions. You undertake to reread the General Terms and Conditions on the Website on a regular basis. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised General Terms and Conditions by your continued use of the Services after the date such revised General Terms and Conditions are posted. You hereby waive any right to receive specific notice of such changes/revisions. If you do not accept the changes, you should not use the Services.

3. USE OF SERVICE

• You shall strictly use the Services only in accordance with the provisions of the Agreement.

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• PD Services are available only at the Healthcare Establishments published on the PD Website and updated by PD from time to time.

• You shall ensure that all information you furnish to avail the Services are true, accurate, complete and up-to-date. You shall not obtain the Services through impersonation or by furnishing incorrect or false information.

• You shall ensure that you have the required equipment and connectivity (including but not limited to) to access and use the Services

• You shall bear the full responsibility for the usage of the Services and any charges whatsoever incurred through the use of the services.

• You shall not do or permit any third party to do any of the following

1. Use the Services for any unethical, obscene, defamatory, scandalous, nuisance or any illegal activity or purpose.
2. Use the Services through unauthorized interfaces or protocols
3. Use the Service to transmit any content that is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable.
4. Translate, reverse-engineer, reverse compile, decompile, disassemble, or modify the Services or make derivative works from the Services
5. Translate, reverse-engineer, reverse compile, decompile, disassemble, reformat or modify the PD System or make derivative works from the PD System.
6. To sub-license, re-sell or re-distribute the Services, in whole or in part.
7. To interfere or tamper or to attempt to interfere or tamper with the integrity or security of the Services and/or the PD System
8. Take any action that imposes an unreasonable or large load on PD System
9. Upload invalid data, viruses, worms, or other harmful software to the Services and/or to the PD System
10. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the PD System, unless expressly permitted by PD.
11. Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
12. Impersonate any person or entity in order to use, or through use of, the Services.

4. PRICING

• You understand that your use of the Services shall be subject to charges

• You agree that the Healthcare Establishment has the right to determine and revise the

• Healthcare Establishment’s fee, the medical practitioner’s fee and the fee applicable for Medical check-ups.

• PD reserves the right, at any time and at its sole discretion to revise the PD Service Fee without any notification to the Customer. PD may publish changes to PD’s Service fee on its PetDoc Mobile Application

• The Customer is required to bear all taxes and levies applicable on the Services availed by the Customer.

5 CANCELLATION OR RE-SCHEDULING AN APPOINTMENT

• If you are unable to honour the scheduled appointment you shall promptly notify the Healthcare Establishment.

• If you wish to re-schedule a scheduled appointment you shall directly contact the Healthcare Establishment which shall have the sole discretion to determine whether to reschedule the scheduled appointment. As part of re-scheduling the appointment the Healthcare Establishment may charge an extra fee from you.

• In the event of the medical practitioner canceling an appointment, the Healthcare Establishment will give a fresh appointment or shall refund the Healthcare Establishment’s fee and the medical practitioner’s fee according to the Healthcare Establishment’s rules and regulations.

• PD Service Fee is non-refundable. PD Service fee is not refundable even if the scheduled appointment is subsequently cancelled or rescheduled.

• PD bears no responsibility for delays in medical practitioners attending scheduled sessions or for failure of the medical practitioner to attend the scheduled session. The same should be directly dealt with the Healthcare Establishment.

• Re-scheduling and cancellation of scheduled appointments and refunds will be facilitated or done by the Healthcare Establishment at its sole discretion in accordance with its respective rules and regulations and PD bears no liability for the same.

6. CHANGES TO THE SERVICES

• PD reserves the right to change, modify, update, upgrade, suspend or discontinue the Services in its entirety or any portion thereof at any time without any notification to you.

• PD reserves the right to amend and update the list of Healthcare Establishments without any notification to the Customer.

• PD has the right to assign any rights, licenses, or obligations arising out of or relating to this Agreement and the Services without any restriction and without any notification to the Customer

7. INTELLECTUAL PROPERTY

• All forms of intellectual property rights and protections that may be obtained for, or may pertain to, the PD System and the PD Services including without limitation, all right, title and interest arising under Sri Lankan law and the laws of other countries to all (a) patents and filed, pending or potential applications for patents including any re-issue, re-examination, division, continuation or continuation-in-part applications throughout the world now or hereafter filed and (b)trade secrets and equivalent rights and (c) copyrights, other literary, property or author’s rights, whether or not protected by copyright or as a mask work and (d) proprietary indicia, tradenames, symbols, logos and brand names; shall belong to and exclusively vest with PD and its licensors. (hereinafter collectively called the “Intellectual Property Rights”)

• The Customer undertakes not to cause or permit any action that may damage the Intellectual Property Rights of PD or endanger PD’s title to its Intellectual Property Rights. The Intellectual Property Rights of PD shall remain with PD and its licensors and no right or license whatsoever, either expressed or implied is granted to the Customer pursuant to this Agreement;

• PD Services and PD System shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PD.

• This Clause 7 shall survive the termination or expiry of this Agreement

8. DATA PROTECTION AND PRIVACY

• By using the Services, the Customer consents to PD collecting, processing, storing and disseminating to third parties such personal data provided by the Customer or generated by PD in the course of making the Services available to the Customer, for the following purposes

  1. Provision of Services to the Customer,

  2. Market research and Customer-profiling based on usage and preferences for the purpose of initiating information, promotions and/or marketing campaigns associated with PD’s Services unless the Customer has explicitly opted out,

  3. Credit profiling of Customer to ascertain his/her creditworthiness,

  4. Prevention and detection of fraud, money laundering and terrorist financing,

  5. Compliance with applicable laws and regulations.

• Customer consents to PD sharing personal data of the Customer with the Healthcare Establishment to enable the Healthcare Establishment to contact the Customer and the Customer consents to being contacted by the Healthcare Establishment, for purposes of confirming the Customer’s appointment or for other reasons relating to the Customer’s appointment

• The Customer consents to receive promotional and informational SMS from PD and/or from the respective Healthcare Establishment. The Customer may opt-out of this service by contacting PD

9. DISCLAIMERS AND LIMITATION OF LIABILITY

• PD Services and PD System are made available "as is" or "as available" and PD, its directors, employees and agents do not make any representation or warranty, express or implied in relation to the Service quality, availability, security, timeliness, accessibility, uninterrupted use, accuracy, speed or completeness, merchantability, satisfactory quality, non-infringement or fit for the particular purpose of a Customer.

• PD does not guarantee that Customers will be able to access the Services at all times or places, that the PD Services and PD System will have adequate capacity for all users, or that the PD Services and PD System will be operable/compatible with the Customer’s equipment

• PD shall not be liable in any manner whatsoever to the Customer in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Service, or the failure or omission on the part of PD.

• PD disclaims responsibility and liability for any damages, loss, pain, mental distress or suffering incurred or experienced by a Customer or by any third as a result of the Services

• The Customer is responsible for the Customer’s use of the Service and the Customer agrees that the Service is used at the Customer’s risk.

• PD is only providing a channeling service and is not the Healthcare Establishment or the medical practitioner providing health services to the Customer and therefore PD has no control over the services or decisions taken by the Healthcare Establishment and the medical practitioners. Accordingly, PD disclaims all liability

  1. For the services provided by Healthcare Establishments

  2. For the services provided by medical practitioners

  3. For the actions and omission of Healthcare Establishments and medical practitioners including medical negligence

  4. For any cancellation or rescheduling of appointments

  5. For any decision taken by the Healthcare Establishment to refuse or allow the Customer to cancel or reschedule appointments or refund any payments to the Customer

• PD does not warrant, endorse, guarantee, or assume responsibility for any product or services provided, advertised or offered by Healthcare Establishments and medical practitioners or any product or services provided, advertised or offered through any website linked or features in the PD Website.

• Unless otherwise explicitly stated, the inclusion of any hypertext links to the PD Website does not imply any endorsement by PD of the material on such website or the services provided from such website or any association with the owners or operators of such website.

• PD shall under no circumstances whatsoever be liable to the Customer or to any third party for any indirect damages, consequential damages, special damages, incidental damages, punitive damages, loss of profit, loss of revenue, and the like under or in connection with this Agreement. Similarly, liability for corruption, destruction, breach or loss of any data is likewise excluded. Notwithstanding anything to the contrary, PD’s total and aggregate liability under this Agreement shall be limited to Fifty percent (50%) of the total PD Service Fee (excluding taxes) paid by the Customer to PD in respect of the particular appointment which is the subject matter of the dispute.

• The disclaimers in this clause 9 and the liabilities limited by the foregoing Clause 9.9 apply:

  1. To liability for negligence;

  2. Regardless of the form of action whether in contract, tort, strict liability, indemnity or otherwise;

  3. Even if PD is advised in advance of the possibility of damages in question or that the damages were foreseeable, and

  4. Even if the Customer’s or a third party’s remedies fail of their essential purpose.

• If applicable law limits the application of the provision of this clause 9, PD’s liability will be limited to the maximum extent possible.

• The Customer shall be responsible for all damages, losses, claims and liabilities whether direct, indirect or consequential and loss of revenue and loss of profits suffered by PD as a result of the breach by the Customer of this Agreement

• This Clause 9 shall survive the termination or expiry of this Agreement.

10. INDEMNITY

• The Customer shall indemnify and hold harmless PD, and its holding company, subsidiaries, affiliates, successors, assigns, and its officers, directors, shareholders, employees and agents from and against any and all claims, losses, damages, liabilities, demands, suits, proceedings, costs, expenses, actual or alleged arising out of and/or in any way connected with

  1. breach of any representation, warranty, term or condition in this Agreement by the Customer or

  2. any illegal or unauthorized activity, breach of statutory obligation carried out by the Customer or

  3. any claims, demands and/or allegations of fraud, duplication, malpractice committed by the Customer ors

  4. any claims and/or allegations of infringement of intellectual property rights of any third party by the Customer.

In the event of any such action being brought against PD by any third party, the Customer shall compensate PD in respect of all expenses and losses arising out of the same, inclusive of any indirect and consequential damages, legal costs and any cost of settlement to which PD shall enter into with such third party.

• In the event of any such action being brought against PD by any third party, the Customer shall compensate PD in respect of all expenses and losses arising out of the same, inclusive of any indirect and consequential damages, legal costs and any cost of settlement to which PD shall enter into with such third party

11. TERMINATION OF THE SERVICES

• Without prejudice to the rights accrued to PD under this Agreement, PD may suspend or disconnect the Customer’s access to the Service partially or fully due to non-payment of amounts payable in respect of the Services.

• Without prejudice to the rights accrued to PD under this Agreement, PD may suspend or disconnect the Customer’s access to the Service partially or fully if the Customer in PD’s opinion has misused the Services or has breached any of the terms and conditions in this Agreement.

• PD reserves the right to suspend or cancel the Services without adducing any reasons thereof and without any compensation to Customers or any third party.

• PD reserves the right to refuse Customer’s to access PD Services without assigning any reasons thereof.

• This Clause 7 shall survive the termination or expiry of this Agreement

• The provisions of clause 9, clause 11.5, clause 11.6, all representations and warranties, and PD’s rights and remedies in this Agreement and any other clause which by its nature or context is intended to survive shall survive expiry or termination of this Agreement.

• Termination or expiry of this Agreement shall be made without prejudice to the accrued rights and liabilities of the parties at the date of termination or expiry, unless waived in writing mutually by the parties

12. MISCELLANEOUS

• Confidentiality: The Customer shall keep in strict confidence all information obtained from PD irrespective of whether the information is marked as Confidential or with a similar legend.

• Assignment: The Customer shall not assign or transfer his/her rights and obligations under this Agreement without the prior written approval of PD. PD has the right to assign any rights, licenses, or obligations arising out of or relating to this Agreement and the Services without any restriction and without any notification to the Customer.

• No Waiver: No decision of PD to refrain from exercising or enforcing, or failure to exercise or enforce, its rights under any provision of this Agreement shall constitute a waiver thereof, or a waiver of the right of PD to enforce any other provision of this Agreement, and no waiver by PD of any violation of any provision or stipulation of this Agreement shall be deemed to be a waiver of any violation of any other provision or stipulation thereof.

• Amendments: This Agreement is subject to change from time to time by PD at its sole discretion and the Customer undertakes to abide by such changes.

• Severance:

  1. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

  2. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

• No partnership: Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

• Set off : PD reserves the right to set off any outstanding payments due for the Service from any other contract entered into between PD and the Customer and to recover the outstanding payment due from another contract from the amounts paid by Customer under this Agreement;

• Governing law and jurisdiction: The Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of Sri Lanka, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Sri Lanka

• PD reserves all rights not expressly granted in this Agreement.