Terms & Conditions
Last Revised on September 13, 2024
We welcome you contacting us regarding these Terms and Conditions or related Privacy Policy by email (admin@kahuvets.com), telephone (647.526.5248) or in person (152 Davenport Road, Toronto). The Terms and Conditions will be updated as necessary and at the sole discretion of Kahu Animal Hospital (“Kahu”).
The Terms and Conditions for Kahu (the “Terms”) are set out below. The Terms govern any use of and access to the web site, its content, applications, communications, services, tools, features and any other aspect of the web site (collectively, the “Services”) offered or provided by Kahu. The Terms include important information regarding your legal rights and should be reviewed carefully. You should also read the accompany Privacy Policy available through the web site.
By using the Services, or signing up for any of the Services through the web site, you are agreeing to the Terms. If you do not agree to the Terms, you are not authorized to use or receive the Services, meaning that acceptance of the Terms is a condition of use for the Services.
1. Use of Services
You must be at least 18 years of age and reside in Canada or the United States to use the Services. You acknowledge and agree that you are fully and solely responsible for ay harm to your computer system, loss of data, or other harm that results from your access to or use of the Services.
2. Nature of Veterinary Services
Any of the Services required to be provided by a veterinarian (the “Veterinary Services”), including but not limited to telehealth services, must be provided by such a veterinarian licensed to practice in their jurisdiction of residence (the “Veterinary Provider”). Note that every province and/or territory in Canada and every state in the United States may have its own rules about who may provide Veterinary Services and the conditions for so doing.
You are responsible for providing the Veterinary Provide with all information required to provide the Veterinary Services. No results can be guaranteed in connection with the provision of Veterinary Services by Kahu. The Veterinary Provider has the discretion to discontinue the provision of Veterinary Services to you at any time and for any reason.
3. User Accounts
To use the Services, including but not limited to the Veterinary Services, you will need to open a file with Kahu. You agree to provide Kahu with accurate and complete information. You also agree to update Kahu should any such information change.
4. Appointments
Changes to appointments or cancellations should be communicated at least 24 hours prior to any scheduled appointment. We reserve the right to charge a fee for late cancellations and/or missed appointments.
5. Product Orders
You are permitted to purchase certain products and/or services, including products and/or services from third parties, through the Services (the “Products”). You acknowledge and agree that all information you provide with regards to the purchase of the Products, including but not limited to credit card or other payment information, is accurate, current and complete. By providing this information, you represent and warrant that you have the legal right to use the payment method provided to Kahu, or any payment processor, when completing a transaction.
In purchasing any of the Products, you agree to pay the price for any of the Products, as set forth in the Services, including but not limited to all shipping and handling charges and all applicable taxes in connection with the purchase (the “Full Purchase Amount”). You also authorize us to charge your credit care, or any other selected payment method, for the Full Purchase Amount, even if you designate that the Products be delivered or provided at a future date. Unless otherwise noted, all currency references are in Canadian Dollars.
Orders will not be processed until payment has been received in full. Kahu reserves the right, with or without prior notice and in its sole discretion, to discontinue or limit the availability quantity of any of the Products, refuse to allow any person to purchase the Products, or refuse to deliver any of the Products to any address.
6. Pricing
Kahu reserves the right to charge fees for the Veterinary Services that may be greater than any prices displayed on the web site, promotional materials, emails or on-line, unless otherwise stated, at Kahu’s sole and unfettered discretion. The cost of the Veterinary Services may vary depending on the pet’s size, breed, health, age and other factors. Taxes are additional on any prices. Staff at Kahu will review treatment options with you and provide estimates to ensure price transparency.
7. Restrictions on Use of the Services
You are not permitted to download, modify, copy, distribute, transmit, display, reproduce, duplicate, publish, license or otherwise use the Services, including but not limited to any copyright, trademark, trade names, slogan, logos, images, service marks, proprietary information, written materials or any other commercial information available on the web site. Without limiting the foregoing, this includes the sale, offer for sale, transfer or license of any portion of the Services in any form to any third parties.
8. The Kahu App
You acknowledge and agree that you are solely responsible for providing the mobile device, computer, tablet, wireless service plan, software, Internet connection(s) and/or any other equipment or services required to download, install and use the Kahu App and/or the Services. Kahu does not guarantee that the Kahu App or any of the Services can be accessed and/or used on any particular device and/or with any particular service plan.
Kahu is not responsible for any charges you may incur through your use of the Kahu App, including but not limited to push notifications, local client notifications, text messages, picture messages, alerts, emails or any other type of message sent directly to you outside or inside the Kahu App (the “Push Messages”). You acknowledge and agree that you have sole control over your ability to opt in or opt out of any the Push Messages. You are advised to check with your wireless service provider to determine what fees may apply to your access of the Kahu App and/or the Services.
9. Third Party Materials
Certain of the Services may involve the display of materials from third parties (the “Third Party Materials”), including but not limited to content, data, information, applications and/or links to third party web sites. By accessing the Kahu web site and/or the Services, you acknowledge and agree that Kahu is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality and/or any other aspect of the Third Party Materials. Kahu does not warrant or endorse the Third Party Materials, including but not limited to any web sites, and does not assume any liability or responsibility to you. Any of the Third Party Materials are provided solely as a convenience to you and you assume all liability and/or risk for accessing the Third Party Materials.
10. Disclaimers
Your access to the Services, and use of the Services, are at your own risk. Kahu, its affiliates, related companies, partners, officers, directors, employees, agents, representatives, and licensors disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement, and also make no warranty or representation for the completeness, accuracy, availability, timeliness, security or reliability of the Services.
11. Limitations of Liability
You acknowledge and agree that Kahu, its affiliates, related companies, partners, officers, directors, employees, agents, representatives, and licensors are not liable to you or any third party for damages of any kind, to the extent not prohibited by law, including but not limited to direct, indirect, special, exemplary, incidental, consequential or punitive damages, however caused and under any theory of liability, whether in connection with the Services or not. Without limiting the foregoing, you acknowledge and agree that the aggregate liability to you, or any other party, for any damages shall not exceed one hundred dollars ($100.00), or the amount you paid Kahu for the Services giving rise to any claim. No action arising out of the Terms may be brought by you more than one (1) year after the date on which the cause of action has occurred.
12. Indemnification
By entering into the Terms, and/or accessing or using the Services, you agree that you shall indemnify and hold Kahu, its affiliates, related companies, partners, officers, directors, employees, agents, representatives, and licensors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorney fees and costs) arising out of or in connection with your violation or breach of the Terms, or any applicable law, your violation of any rights of any third party, your access to or use of the Services, and/or your negligence or wilful misconduct.
13. Effectiveness of the Terms
The Terms become effective at the time you accept the Terms and will apply for the duration of time that you receive the Services, unless earlier terminated by either party as may be permitted by the Terms. As noted above, Kahu reserves the right to modify the Terms from time to time and will update the “last revised date” at the top of the Terms in the event of any such modifications. While Kahu will make reasonable efforts to notify you of changes, whether by email or placing a notice of the home page of the web site, it remains your sole responsibility to review the Terms from time to time. Any update to the Terms will be effective as of the time of posting, unless otherwise set out in the Terms. Your continued access to or sue of the Services after any such update will be deemed to be your acceptance of the Terms, as updated.
14. Miscellaneous
If any provision of the Terms shall be deemed as unlawful, void or unenforceable, for any reason, that that provision shall be deemed severable form the Terms and shall not affect the validity and/or enforceability of the remaining provisions of the Terms. You acknowledge and agree that the Terms are governed by the laws of Ontario.