TERMS OF USE

This website www.axonvct.com and its associated mobile application(s) (“Platform”) are owned and operated by Axon VetCare Technologies Corporation (“Axon VetCare”). To use the Platform, you must agree to the following terms and conditions ("Terms"). This information is important and affects your legal rights so please read these Terms carefully.


Basic Terms

Together with our privacy policy on www.axonvct.com, these Terms constitute a binding legal agreement between you ("you" or "User") and Axon VetCare (also referred to herein as "we", “our” or "us") and governs your use the Platform. By using or signing up with the Platform, you: (a) agree to these Terms, as updated from time to time; (b) agree to all applicable laws and regulations governing your use of the Platform or our service; (c) warrant and represent that you have the right, authority and capacity to agree and be bound by these Terms,


If you do not agree with these Terms, you must immediately delete your account and discontinue your use of the Platform.


Description of the Platform

The Platform’s general function is to allow Users to upload photos, information, and other records about the User’s pets or other animals under the User’s care (“Records”), and connect with and share access to these Records with other Users (“Data Viewers”). These Data Viewers may include physicians practicing veterinary medicine, animal breeders, animal owners, etc. and may provide certain services to User and its animals (“Services”). Data Viewers and their Services are independent from the Platform and are in no way affiliated with or employees or agents of Axon VetCare.


When a User uploads and chooses to shares Records with a Data Viewer, the Platform allows Data Viewers to share these Records with other users (Data Viewer’s please see “Restrictions on Platform Use” below).


Disclaimer: Use the Platform at Your Own Risk

You acknowledge and understand that the Platform does not provide Services (as defined above) to Users but that through the Platform, we provide a venue whereby Users and Data Viewers may connect and may arrange to have Services procured. The Platform is not a party to any contract for Services from a Service Provider.


Platform makes no representation regarding nor does it warrant or endorse the accuracy or completeness of any Records, medical information, text, data, comments, postings, submissions, graphics, music, sound, pictures, videos, and any other material and content ("Content") on the Platform.


WE TRY TO KEEP THE PLATFORM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE DO NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS AND CONTENT OF USERS OR THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY CLAIM YOU HAVE AGAINST ANY USERS OR THIRD PARTIES.


Registration and Account Security

In order to use the Platform, you must register for an account with the Platform. Each User account will be associated with the Content (including Records) that the User chooses to load which in turn can be shared with Data Viewers. You are responsible for all of the Content that is posted or submitted through your account onto the Platform.


Users must provide their real names and information. You also agree to:

We may require you to provide us with proof of identity from time to time. The inability of a User, for any reason at all, to keep an updated account or provide us with proof of identity upon a reasonable request, may at our sole discretion, result in the suspension or termination of your account.


Some of the above information that you provide us is Personal Information. "Personal Information" is information that can be used to identify a specific User. Please see our Privacy Policy to understand how we collect, process, store, and use your Personal Information. We endeavour to store and maintain your information and account data in a secure operating environment that is not accessible to unauthorized persons, however, we cannot guarantee complete security and you agree that we are not liable or responsible for any unauthorized disclosure of the information you have provided.


Restrictions on Platform Use

We endeavour to make the Platform available at all times and keep it a safe and helpful environment for Users to interact.


You agree that when using the Platform, you will not, nor will you direct, aid, or encourage any other individual to do any of the following (collectively "Restrictions"):


Data Viewers and other users agree to use a User’s Records only for the intended purpose and to the extent necessary to provide their respective Services. If you use a User’s Records for illegitimate purposes, or fail to comply with these Terms, including any of the Restrictions, in addition to our right to terminate we may take any and all of the following actions:

Promotional Communications

From time to time, we may send promotional communications about the Platform that may interest you via text messaging, email, or phone. You can consent to receive promotional communications either during registration or emailing info@axonvct.com. You may opt-out of receiving promotional content at any time by using the unsubscribe mechanism in our emails or texts.


Licenses

License to User: The Platform is owned and operated by Axon VetCare or our licensors. Axon VetCare gives you a limited right to access and use the Platform subject to these Terms. This license is for your personal use, cannot be transferred and it may be revoked at any time. Nothing in these Terms gives you a right to use any name, trademarks, logos, domain names, and other distinctive brand features of Axon Vetcare or any third parties on the Platform).


License to Axon Vetcare: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post or submit on or in connection with the Platform (“User Content License”), but for greater certainty, we will only disclose Records in accordance with the section above “Description of the Platform”. This User Content License ends when you delete your Content or your account and we will not continue to use your Content; however, we will not delete your Content that has been shared with other Users.


Fees and Payment Policy

Storing Records and other Content on the Platform is generally free for Users but in some cases we may charge fees for certain services, in particular, there is a fee for sharing records with Data Viewers. If the services you use charge a fee, you will be able to review and accept that charge before completing the purchase. Also, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.


Our fees are quoted in Canadian Dollars, and we may change them from time to time. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit or terminate your ability to use the Platform. If you are unable to pay our fees on time, including if your payment method fails, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance). You may pay using a credit card (Visa, MasterCard).


Limitation of Liability

You agree that your sole and exclusive remedy against us for any problems or dissatisfaction with the Platform, is to uninstall and to stop using the Platform.


YOU AGREE THAT AXON VETCARE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, AND LICENSORS) WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES RELATING TO OR IN CONNECTION WITH THESE TERMS, THE PLATFORM OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO OR IN CONNECTION WITH THESE TERMS, THE PLATFORM OR SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS.


Third Party Links and Charges

The Platform may contain references or links to third party websites. You acknowledge and agree that we do not control and are therefore, not responsible or liable for the following: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. We also do not endorse the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.


Termination and Suspension

You agree that these Terms will continue to apply until terminated by either you or us.


Axon Vetcare termination: You agree that we can stop (either temporarily or permanently) providing all or part of the Platform to you and terminate these Terms any time for any reason, including if we believe you have violated these Terms. If we terminate or suspend your access to the Platform, you agree that we will have no liability or responsibility to you and no amounts will be refunded to you by us that you have already paid, to the fullest extent permitted under applicable law.


Your termination: You may terminate these Terms at any time by deleting your account and discontinuing your use of the Platform.


Disputes

You agree that you will resolve any claim, controversy, disagreement or dispute ("Dispute") you have with us relating to or in connection with these Terms or Platform in accordance with this Section. The laws of the Province of Ontario will govern the Dispute, without regard to conflict of law provisions. Upon either User or Axon Vetcare providing notice of a Dispute to the other party, the parties will first attempt to resolve the Dispute through good faith negotiation for at least fifteen (15) days.


Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any our intellectual property rights, any Dispute arising out of or relating to these Terms or Platform shall be settled by binding arbitration before a single arbitrator and in accordance with the provisions of the Ontario Arbitration Act. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any Dispute of any other party. The arbitration shall be held in Toronto, Ontario, Canada, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.


All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business or confidential information and will not be disclosed without the prior written consent of the party disclosing such information.


Any award granted by the arbitrator shall be the sole and exclusive remedy of the parties and may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.


User Provided Indemnity

If anyone brings a claim against us related to your actions, Content or information on the Platform, you will defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.


Entire agreement

These Terms constitute the entire agreement between a User and Axon Vetcare and supersede any prior agreements, whether written or oral, in relation to the subject matter and to the extent that there is any conflict between any additional terms and conditions associated with us or the Platform and these Terms, the Terms shall control. If we don’t enforce any particular provision, we are not waiving our right to do so later.


Any amendment to or waiver of these Terms must be made in writing and signed by us.


Amending the Terms

We may revise these Terms from time to time, the most current version on this page. We will notify you of an update by posting it on the home page of our website or e-mail to the email associated with your account. By continuing to access or use the Services after such notification has been provided, you agree to be bound by the revised Terms. Any new Services which are added to the Platform shall also be subject to the Terms.


Severability

Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.


Assignment

We may assign any of our rights or obligations under these Terms or any part of them without restriction including without your consent. You may not assign any rights or obligations under these Terms or any part of them without our prior written approval. These Terms shall inure to the benefit of permitted successors and assigns.


Waiver of Class Action Trial

You hereby waive any right to a trial by way of a class action, in connection with any Dispute arising out of or related to these Terms or the Platform.


I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS.