Terms and conditions for the use of the Vetexpertise website

These terms and conditions establish the contractual basis for the service provided between Vetexpertise LDA and the final customer, who must be a veterinary doctor. Vetexpertise LDA is a limited liability company, fiscal identification NIPC 515670723, registered at Largo da República do Brasil 437C 2ºT, 4810-446 Guimarães, Portugal.

Information about the company
1. Vetexpertise provides an online consultancy service in the area of veterinary medicine (CAE: 75000) based in Portugal.
2. This service is provided globally to all countries around the world via a digital platform/website and email.
3. The company’s collaborators are based in several locations around the world, namely Portugal, Spain, Italy, the United Kingdom, Ireland, Belgium, Germany, and the Netherlands. Other countries may be included in the future.
4. This agreement is governed by the laws in force in Portugal and applied by the General Directorate for Food and Veterinary Affairs and the Order of Portuguese Veterinary Doctors.

6. Vetexpertise also provides an an application for online veterinary telemedicine/teleconsultation, namely WISEVET live and pro, respectively.

5. The platform and website Vetexpertise are exclusive property from the same Vetexpertise.

Important definitions of Vetexpertise’s company Terms and Conditions
1. “Advice” means an advice from Vetexpertise to a clinical case presented by the customer.
2. “Authorized users” means that our customers must be veterinary surgeons who practice their profession on their behalf or as an integral member of a Veterinary Medical Care Center (VMCC). In the latter case, if a submission is made on behalf of the VMCC, we assume that there is an authorization from the VMCC, after reading the terms and conditions.
3. “Clinical case” refers to the details of the case submitted by the customer on Vetexpertise’s digital platform, which includes all clinical content related to it, in the various areas and services offered.
4. “Customer” may be an individual veterinary surgeon or a VMCC.
5. “Clinical Content” refers to all the details of the clinical case provided by the customer, by completing the open and closed answer questions, written observations, the material provided in digital format, photographs, videos, audio and DICOM files.
6. “Confidential Information” applies to any and all information provided or made accessible to both parties (either before (during development), during (execution) or after the commencement of the contract (in disput), which is marked as “confidential”, which is legally covered by confidentiality, or that confidentiality is required in certain circumstances, within the scope of the general data protection regulation.

7. “Contract” refers to the inter partes binding commitment assumed between Vetexpertise and the customer, set forth in accordance with the Terms and Conditions.
8. “Fees” refers to the payment that must be made to Vetexpertise by the client for each submission made. The payment must be made at the 2nd stage of the submission of the clinical case, before the submission of the clinical content, otherwise, submission of the same will not be allowed. The customer is also responsible for paying any tax or VAT applied to the fees.
9. “Registration or Login” means the Customer’s online registration on the Vetexpertise website.
10. “Case of the month/Case report” refers to a case developed by the Vetexpertise team for the customer, highlighting a case presented.
11. “Services” refers to the delivery of services by Vetexpertise to the customer, it can be an individual service, but also a set of services offered by Vetexpertise, always with the agreement and written consent of the customer.

Provision of Services
1. Vetexpertise is governed by the laws in force by the Directorate-General for Food and Veterinary Affairs (DGAV) and the Order of Portuguese Veterinary Surgeons (OMV). All our protocols and practices comply with the OMV’s Veterinary Medical Ethics Code and the OMV’s disciplinary Regulation.
2. Vetexpertise provides services to customers who are graduates in veterinary medicine, regardless of the country in which they obtain their degree or integrated master’s degree.
3. If Vetexpertise considers it pertinent to obtain or confirm any information provided, one of the administrators will contact the customer via email to request the missing information. If this information is not provided within a reasonable time after the request, Vetexpertise is not responsible for any delay in responding to the clinical case, nor for any veterinary procedure by the customer resulting in injury or death to the animal.
4. All clinical advice provided by Vetexpertise is based on the content of the clinical case, that is, on all the information in the case file. The customer is responsible not only for the information submitted but also for the professional practical application of the advice provided. Vetexpertise is not responsible for the professional practical application or any conclusion or inference made by the client based on Vetexpertise’s advice. It is of paramount importance that the customer confirms and verifies the treatment advised by Vetexpertise, taking into account the pharmaceutical products licensed for use in their geographic location.
5. Vetexpertise undertakes to make all necessary efforts to meet the estimated deadlines agreed between the two parties, however, these deadlines are only estimates, and in exceptional situations and out of extreme necessity, delays may occur.
6. In the specific area of general pathology, if you choose to send slides to the address provided by Vetexpertise, it is the customer’s responsibility to comply with the laws and regulations of their country of origin regarding shipment by courier of biological material. All shipping costs are the responsibility of the customer, and Vetexpertise is exempt from any liability for payment of shipment of samples or any loss or damage occurring during transport of said samples.
7. Vetexpertise reserves the right to charge an additional fee for a service required by the customer when Vetexpertise finds that the request has not been contemplated in the initial order and is contemplated in another service it provides. However, these additional services will only be performed after a written agreement between both parties and prior payment of the services.
8. Vetexpertise does not perform any service without receiving the required payment.

Fees and Charges
1. Taking into account the services provided by Vetexpertise, the customer must pay the fees to Vetexpertise. After an account has been created and the veterinary professional credentials have been checked, you can proceed to the submission of the clinical case. You can find this information in the tutorial video on how to use the digital platform. If you need any service that is not on the price list provided, before making any submission, please contact Vetexpertise and you will be provided with a fee or cost estimate. Prior payment is always required.
2. All fees will be charged through a payment system by Stripe and are subject to the VAT rates in force, where applicable.
3. Invoices will be automatically issued by the software system and sent by email.

4. Fees regarding the application WISEVET, which should be ordered directly to the email [email protected], can be charged after payment method agreed between parties. 

Intellectual property rights
1. All rights reserved of the clinical content provided by the customer must remain the property of the customer. All rights reserved of the material provided by Vetexpertise must remain the property of Vetexpertise.

Customer Obligations
1. The customer must ensure that all information provided is correct and complete.
2. The customer must ensure that when seeking clinical advice, they have avalid license to practice.
3. The customer shall ensure compliance with the laws and regulations in their area of jurisdiction, in particular with regard to the clinical examination, complementary methods of diagnosis, diagnosis, and treatment of the animals.
4. The client assumes the responsibility that the clinical content and material provided in the clinical case to Vetexpertise are sufficient in detail and quality for Vetexpertise to fulfill its obligation under this contract.
5. The customer agrees that if the clinical advice provided by Vetexpertise is not respected or is delayed by any act or omission on the part of the customer, Vetexpertise will not be liable for any losses suffered or incurred that result directly or indirectly from such failure or delay.
6. The customer will be responsible for any inaccuracy, incorrect information or deduction included in the clinical case presented, and Vetexpertise will not be liable for any losses suffered or incurred which result directly or indirectly from these facts.

Use of the information submitted in the clinical case
1. Vetexpertise will be responsible for the storage and maintenance of each clinical case and its contents and has the right to anonymously publish this material for advertising, teaching content, training, and other purposes, without prejudice of the attached duty of confidentiality.

Confidentiality
1. Each Party agrees to use the confidential information of the other party only and exclusively in the resolutions set forth in this agreement. It also undertakes not to disclose it, directly or indirectly, to a third party without the written consent of the other party.
2. The previous clause (Confidentiality, paragraph 1) shall not be applied to confidential information that was already publicly or legally and ethically known to Vetexpertise at the time of its disclosure, or that subsequently became public knowledge without the occurrence of a breach of confidentiality by Vetexpertise.
3. Either party may disclose this confidential information if required by the OMV, an insurer, a government agency, or by court order, requiring the immediate communication of this request or court summon to the counterpart.

Commitments and Obligations
1. Except as expressly provided in this agreement, all warranties, conditions, and other terms contained in the statute of the Veterinary Surgeon or by law, and permitted to the extent possible by law, are excluded from this contract.
2. Vetexpertise is committed to providing a quality, efficient and exemplary service.
3. Vetexpertise is not responsible for any loss or injury that is not directly caused by a breach of this contract or in which prevention was not possible at the time that clinical advice was given. Vetexpertise has no responsibility for any economic loss on the part of the customer.
4. Nothing contained in this contract shall be limited or excluded, for failure to comply with commitments and obligations by either party (1) for death or personal injury caused by negligence, (2) for misinterpretation or fraud, or (3) for any other act, omission or obligation that are not limited or excluded by law.

Absence of third-party rights
1. Vetexpertise and the customer agree that this agreement is exclusive to both parties and that third-party engagement is not permitted. Therefore, third parties not included in this contract are not permitted to impose any of the terms set out herein.

Legal framework and Jurisdiction
1. This contract and any dispute or claim (including disputes and non-contractual claims) arising out of or relating with the terms and conditions of this contract and under the agreement assumed by the inter partes in the service provisions by Vetexpertise shall be governed by and settled in accordance with the laws in force in the Government of the Portuguese Republic. The Portuguese courts are the only ones who have jurisdiction in these matters.
2. For any emergent questions regarding the terms and conditions presented, both parts elect the Braga District (“Comarca”) Court, expressly waiving any other court.
3. In the absence/silent, it will be followed the laws in force, the applicable regulations, and yet, the Civil Code.
4. The contract will be written in Portuguese and English, prevailing the Portuguese language in case of conflict in the interpretation of any clause contained therein.

Final provisions

Nothing else has been agreed directly or indirectly, orally or in writing between the parties as to the matters governed by this Contract, other than as stipulated herein in in the corresponding clauses, the amendment of which will be valid only if produced in writing and signed by both contracting parties, with an express mention of each of the clauses amended, added and/or deleted, and of the new wording.