Pet Health Advices
In force on March 23, 2020
Welcome to MyStetho, owned and operated by MyStetho for Pets Sàrl (hereinafter referred to as “the Company”, “we” or “us”). MyStetho provides an online venue and services that connect users providing information and advice (“Experts”) with users seeking information and advice (“Seekers”). The Services are accessible at http://mystetho.com and any other websites through which the Company makes the Services available (collectively, the “Site”), and Applications for mobile devices (the “Applications”). By using the Site and Applications, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“TOS” or “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Applications and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and the Company.
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, Applications or Services. “We”, “us”, or “our” refer to the Company. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
Please read carefully these Terms and our Privacy Statement, which is incorporated into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Applications. Failure to use the Site and Applications in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATIONS AND SERVICES COMPRISE AN ONLINE PLATFORM WHERE SEEKERS CAN REQUEST PERSONAL ADVICE FROM EXPERTS. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS (AS DEFINED BELOW). THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SITE, THEIR BEHAVIOUR WITHIN THE APPLICATIONS AND SERVICES, OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Consultation” means a one-on-one chat conversation coordinated via the Services between a Seeker and an Expert.
“Collective Content” means User Content and Company Content.
“Content” means text, graphics, images, music, software (excluding the Applications), audio, video, information or other materials.
“Expert” means a User who offers information and advice to Seekers via the Site, Applications or Services.
“Listing” means an offer by an Expert to provide the Services to Seekers via the Site and Applications. Listings are created by Experts and are part of their MyStetho Account.
“MyStetho Content” means all Content that the Company makes available through the Site, Applications, or Services, including any Content licensed from a third party, but excluding User Content.
“Seeker” means a User who requests information and advice from Experts via the Site, Applications or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (“VAT”), goods and services taxes (“GST”) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
“User” means a person who completes MyStetho’s account registration process as described under “User Account Registration” below, and includes, without limitation, Experts and Seekers.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Applications or Services and includes, without limitation, Listings.
Certain areas of the Site and Applications (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Applications, Services, or Collective Content, the terms and conditions posted for such specific area of the Site, Applications, Services or Collective Content will take precedence with respect to your use of or access to that area of the Site, Applications, Services, or Collective Content.
BY ACCESSING OR USING THE SITE, APPLICATIONS OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATIONS OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATIONS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATIONS, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to such company or other legal entity.
The Company reserves the right, at its sole discretion, to modify the Site, Applications or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. Modifications to these Terms shall automatically be effective upon posting on the Site, Applications or Services. You agree to keep your email address on file with the Company up-to-date. By continuing to access or use the Site, Applications or Services after we have posted a modification on the Site or via the Applications or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Applications and Services.
The Site, Applications and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Applications or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that (i) you agree to be bound by these Terms, (ii) that you are 18 or older and (iii) are otherwise able to form legally binding contracts.
MyStetho is a platform where Seekers can connect with Experts via Consultations in order to request information and advice. If you wish to use the Services, create a new Consultation, or post a Listing, you must first register to create a MyStetho Account (as defined below).
The Company’s role is solely to facilitate the availability of the Site, Applications and Services and to provide services related thereto, such as Consultation facilitation and payment integration. The Company does not provide and is not responsible for User Content or any information or advice exchanged between Users during Consultations or otherwise. You understand and acknowledge that Experts are not employees or agents of the Company, but are independent service providers using the Site, Applications and Services to market their expertise to Seekers and the public.
Consultations should not be intended for nutritional, fitness or other health-related diagnosis, prescription or treatment, and you acknowledge you are the sole responsible for any loss or damage caused by reliance on information provided by Experts during the use of the Services.
All information provided through the Services is intended for general guidance only, and is not a substitute for the professional medical advice, diagnosis or treatment by a Doctor of Veterinary Medicine who has actually examined an individual’s animal or possesses firsthand knowledge of an animal’s condition. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you believe your pet may have a medical emergency, call your veterinarian immediately.
PLEASE NOTE THAT THE SITE, APPLICATIONS AND SERVICES ARE INTENDED MERELY TO FACILITATE USER INTERACTION. THE COMPANY CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS, USER CONTENT OR THE INFORMATION EXCHANGED BETWEEN USERS VIA THE SERVICES. NEITHER THE COMPANY NOR THE RELEVANT EXPERT ARE RESPONSIBLE FOR AND BOTH HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL USERS USE THE SITE, APPLICATIONS AND SERVICES AT THEIR OWN RISK.
User Account Registration
To access certain features of the Site and Applications, such as creating a Consultation and posting a Listing, you must register to create an account (“MyStetho Account”) and become a User. You may register directly via the Site or Applications.
We will create your MyStetho Account and your MyStetho Account profile page for your use of the Site and Applications based upon the personal information you provide to us. You may not have more than one (1) active MyStetho Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate your MyStetho Account and your access to the Site, Applications and Services at any time, especially if you create more than one (1) MyStetho Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MyStetho Account, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your MyStetho Account.
Listings (for Experts)
In order to complete your MyStetho Account and offer your services to Seekers, you (as an Expert) must create a Listing. To this end, you may need to provide information regarding the expertise you offer as well as pricing and other financial terms applicable to your offering. Listings will be made available to Seekers via the Site, Applications and Services.
Seekers will be able to request Consultations with you via the Site, Applications and Services based upon the information provided in your Listing. You understand and agree that once a Seeker requests a Consultation, the price quoted under your Listing may not be altered for the duration of the Consultation.
You are solely responsible for all information posted in your Listing. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with Seekers (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that the Company assumes no responsibility for the content of Listings or for any User’s compliance with any applicable laws, rules and regulations.
You understand and agree that the Company is not involved in the interactions between Users and does not have any obligation to refer, endorse or recommend particular Experts to Seekers. You also understand and acknowledge that the Company does not endorse or guarantee User Content or the content of communications between Users.
The Company reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason or no reason, including Listings that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services. You are solely responsible for your own acts and omissions.
The Company does not endorse any of its Users. In addition, although these Terms require Users to provide accurate information, we do not guarantee that we will attempt to confirm any User’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site, Applications and Services.
By using the Site, Applications or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from the Company with respect to such actions or omissions.
Consultations and Financial Terms
Consultations and Financial Terms (for Experts)
If you (as an Expert) receive a Consultation request from a User, you will be able to either accept or reject the request within the specified time, as determined by the Company at its own discretion or, where appropriate, by the Seeker. Otherwise, the request will expire automatically. When a Consultation is requested to you via the Site, Applications and Services, we will grant you access to the Seeker’s MyStetho Account profile page, so that you can view this information before confirming or rejecting the Consultation.
The amount due and payable by a Seeker relating each Consultation with you is referred to as the “Consultation Fee”. Consultation Fees are quoted in U.S. dollars. Please note that it is Experts, and not the Company, who set Consultation Fee Rates unilaterally.
In consideration of the Services, the Company charges you a fee (the “Service Fee”) based on a percentage of Consultation Fees collected on your behalf. The current applicable percentage is forty percent (40%). The Service Fee is deducted from the Consultation Fee payable to you in respect to a Consultation. At the conclusion of each Consultation, the Company calculates the appropriate Consultation Fee payable by the Seeker to you based on the applicable Consultation Fee Rate. After deducting the applicable Service Fee, the Company remits your share of the Consultation Fee to your MyStetho Balance. Once you have reached the minimum withdrawal amount, which is currently fifty U.S. dollars ($50), you will be able to withdraw your earnings from your MyStetho Balance and these earnings will be remitted to you via third party providers or such other payment methods as may be listed on the Site or via the Applications, in U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
You represent and warrant that you are not bound by any existing agreement or arrangement that could conflict with these Terms or with the Services, and the Company takes no responsibility if your use of the Services lead to the infringement of any of the aforementioned agreements or arrangements.
We encourage you to reject all Consultations involving health-related diagnosis, prescriptions or treatments, as well as Consultations you consider to be outside your field of expertise.
Consultations and Financial Terms (for Seekers)
You (as a Seeker), not the Company, are solely responsible for honoring any confirmed Consultations. If you choose to interact with an Expert via the Site or Applications, these Terms and other terms, conditions, rules and restrictions associated with such Consultation as set out in the Listing may apply. Experts have no obligation whatsoever to accept your Consultations and you, not the Company, will be responsible for performing the obligations of any such agreements.
You also acknowledge that the information and advice provide by Experts within the Services constitutes their own personal opinion, and you, not the Experts or the Company, are the sole responsible for any loss or damage caused by voluntary reliance on such information and advice.
You agree to pay the Company all Consultation Fees due in connection with any Consultation. In order to initiate a Consultation, you understand and agree that the Company reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one U.S. dollar ($1), in order to verify your credit card. At the end of each Consultation, the Company will process and collect the Consultation Fee payable in accordance with these Terms and the terms of the Listing. Please note that the Company cannot control any fees that may be charged to a User by his or her bank related to collection of the Consultation Fees by the Company, and the Company disclaims all liability in this regard.
In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to the Company or its third party payment processor. You agree to pay the Company for any consummated Consultations in accordance with these Terms, by one of the payment methods described on the Site or Applications. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Consultation by one of the payment methods described on the Site or Applications, either directly by the Company or indirectly, via a third party online payment processor. If you are directed to the Company’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and Privacy Statement before using the services.
Consultations and Financial Terms (for Seekers)
If you have been improperly charged for a Consultation and believe you require a refund, please contact the Company at firstname.lastname@example.org. Refunds will be processed on a case-by-case basis.
You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. The Company cannot and does not offer Tax-related advice to any Users of the Site, Applications and Services.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Applications, Services and Content.
In connection with your use of our Site, Applications and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Applications, Services or Content;
- use the Site, Applications or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Applications, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Applications or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Applications or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Applications or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other User of our Site, Applications, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User of the Services;
- register for more than one MyStetho Account;
- contact an Expert for any purpose other than asking a question related to the Services;
- recruit or otherwise solicit any other User to join third party services or websites, including services or websites that are competitive to the Company’s Services, without the Company’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Applications or Services;
- use the Site, Applications and Services to find an Expert and then complete a transaction independent of the Site, Applications or Services in order to circumvent the obligation to pay any fees related to the Company’s provision of the Services;
- as an Expert, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Applications or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Applications, or any individual element within the Site, Services, or Applications, Company names or trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
- access, tamper with, or use non-public areas of the Site or Applications, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
- attempt to probe, scan, or test the vulnerability of any of the Company’s systems or networks, or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company, any of its providers or any other third party (including another user) to protect the Site, Services, Applications or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Applications or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Applications or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The Company may investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. The Company has no obligation to monitor your access to or use of the Site, Applications, Services or Collective Content or to review or edit any User Content, but has the right to do so in its sole discretion.
The Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
The Site, Applications, Services, and Collective Content are protected by copyright, trademark, and other laws of Switzerland and foreign countries. Each of the Site, Applications, Services and Collective Content, including all associated intellectual property rights, is the exclusive property of the Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services, or Collective Content.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Applications on any compatible device that you own or control and run such copy of the Applications solely for your own personal use. The Company reserves all rights in the Applications not expressly granted to you by these Terms.
Company Content and User Content License
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Company Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Applications, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, Applications or Services, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit in any way such User Content on, through, or by means of the Site, Applications or Services. The Company does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You are solely responsible for all User Content that you make available through the Site, Applications and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, your posting, uploading, publication, submission or transmittal of the User Content nor the Company’s use of the User Content (or any portion thereof) on, through or by means of the Site, Applications or the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Applications or Services may contain links to third-party websites or resources. The Company shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
The Company respects copyright law and expects Users to do the same. It is the Company’s policy to terminate in its sole discretion MyStetho Accounts of Users who infringe or are believed to be infringing the rights of copyright holders.
Termination and Account Deactivation
We may, in our sole discretion, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Applications and Services, and/or (b) deactivate or cancel your MyStetho Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you. In the event the Company terminates these Terms, or your access to our Site, Applications and Services or deactivates or cancels your MyStetho Account you will remain liable for all amounts due hereunder. You may cancel your MyStetho Account at any time by contacting the Company. Please note that if your MyStetho Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Applications and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATIONS AND SERVICES, YOU DO SO AT YOUR SOLE RISK. THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATIONS, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY AND THE RELEVANT EXPERT MAKE NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA CONSULTATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY AND THE RELEVANT EXPERT MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE, APPLICATIONS, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATIONS OR SERVICES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATIONS OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATIONS OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY THE COMPANY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND COLLECTIVE CONTENT, LISTINGS OR CONSULTATIONS VIA THE SITE, APPLICATIONS AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE COMPANY REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATIONS AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY CONSULTATION VIA THE SITE, APPLICATIONS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS, EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID OR OWE FOR CONSULTATIONS MADE VIA THE SITE, APPLICATIONS AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, indemnify, and hold the Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Applications, Services, or Collective Content or your violation of these Terms; (b) your User Content and (c) your (i) interaction with any User, (ii) reliance on any information exchanged via the Site, Applications or Services, or (iii) creation of a Listing. The Company shall have the right to control all defense and settlement activities.
Export Control and Restricted Territories
You may not use, export, re-export, import, or transfer the Applications except as authorized by United States law, the laws of the jurisdiction in which you obtained the Applications, and any other applicable laws. In particular, but without limitation, the Applications may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Applications and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Applications and Services for any purpose prohibited by U.S. law.
Feedback and Reporting
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At the Company’s request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the Company and, if appropriate, to the appropriate authorities.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company by posting to the Site or via the Applications and/or, in the Company’s sole discretion, via email (in each case to the email address that Users provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Canton of Geneva and Switzerland, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Geneva, Switzerland for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between the Company and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the Applications thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the Applications of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Site, Applications, Services, Collective Content and any Consultations or Listings made via the Site, Applications and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the same.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contacting the Company
If you have any questions about these Terms, please contact MyStetho for Pets Sàrl at:
- Email: firstname.lastname@example.org
- Mail: 15 rue des sources, 1205 Geneva, Switzerland
MyStetho Privacy Statement
MyStetho is owned and operated by MyStetho for Pets Sàrl and its affiliates hereinafter collectively referred to as “MyStetho”, “the Company”, “we” or “us”). The Company takes your privacy very seriously. We provide this Privacy Statement to inform you of our policies and procedures regarding the collection, use, and disclosure of personal information we receive from users of http://mystetho.com (the "Site") and our Applications for mobile devices (the "Application"), as well as any other contact or interactions with us offline (the “Offline Services”).
This Privacy Statement, as amended from time to time, applies only to information that you provide to us through the Site, Application, and Offline Services. Please note that the Sites and Applications may contain links to other websites. If you click on a link to another website, this Privacy Statement will not apply to any personal information collected on that website. The Company is not responsible for the privacy practices, security, or content of these other websites, and we recommend that you read the privacy policies of each website that you visit.
The Collection of Information
Our principal goals in collecting personal information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site, Application, and Offline Services (collectively, the "Service"), and to enable users to enjoy and easily navigate the Site and Application. The types of personal information that we collect include:
Information You Provide To Us
When you register for and use the Service, access certain content or features, or directly interact with the Site or Applications, you must provide us with your name and email address. We may ask you to also provide additional personal information, including but not limited to, your password, address or zip code, phone number, account preferences, tastes and preferences, images, and any other information we consider relevant for the adequate use of the Service. You may also provide information about your pets, your vet information, and your pet’s insurance information in order to obtain a better experience using the Service.
We collect other personal information from you as part of the registration, administration, and personalization of your User Account (e.g. account preferences).
Billing Information: Registration is free, but some Ask a Vet services might require you to provide your credit card number, billing address, and other billing related information.
Social Media Information: You may register and log in to the Service using your existing account with social media platforms such as Facebook. We may collect basic personal information from these accounts, such as your name, email address and profile picture.
Information Collected Automatically
When you visit and interact on the Site or Application, certain information is collected automatically, including:
Log Data: When you visit the Sites and Application, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include personal information such as your computer’s Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, your location, and other statistics. We use this information to monitor and analyze use and functionality of the Site, Application and the Service, to increase our Site and Application’s functionality and user-friendliness, and to better tailor our Site and Application to our visitors’ needs.
Web Beacons: Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used. We may also use web beacons in our emails, to let us know when emails and links have been opened by recipients. This allows us to gauge the effectiveness of our User communications and marketing campaigns.
Use of Your Information
We use personal information in order to provide our Services to you, for those purposes disclosed to you in this Privacy Statement or at the time the personal information was collected, or with your consent. We use personal information for one or more of the following purposes:
Communications: We may use the contact information that you provide to send you communications or information about your account or changes to the Site, Application or Service (including changes to the Terms of Service and this Privacy Statement), to provide and improve customer service, and to contact and communicate with you whenever necessary or as otherwise permitted by this Privacy Statement.
User Accounts: We use the personal information we collect at registration to create your User Account. We use your personal information to communicate with you about your membership in our programs, to respond to your inquiries, provide you with the Service, and to provide you with notices about your account.
Marketing: We may also use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. We may also provide or offer other financial and consumer products and services from partners with whom we have entered into a joint marketing agreement. You may opt out of these marketing related notifications at any time by sending us an email or by clicking in the Unsubscribe button found at the bottom of our newsletters. Please note that it may take up to 10 business days for us to process opt-out requests. Please also note that we may also use your personal information to contact you with information related to your use of the Service; you may not opt out of these notifications as long as your User Account remains active.
Request Fulfillment: We may use the personal information that we collect to fulfill your requests for products, services and information. For example, we may use your personal information to respond to your customer service requests.
Data Analysis: In order to learn more about how our Site, Application, and Service are used, we aggregate and analyze the data we collect. We may use personal information, for example, to monitor and analyze use of the Site, Application and Service, to improve the functionality of same and to better tailor our content and design to suit our visitors’ needs.
Services: We may use personal information to review the usage and operations of our Service, to develop new products or services, and to conduct analysis to enhance or improve our content, products, and services.
We may combine and aggregate your personal information with personal information collected from other Users to provide you with a better experience, to improve the quality and value of the Site, Applications and Service and to analyze and understand how our Site, Applications and Service are used. We may also use the combined personal information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Other: We may also use your personal information where we believe necessary to comply with the law or to protect the safety or Property of the Company, or other affiliated third-party entities.
Information sharing and Disclosure
We do not sell personal information to third parties. We may disclose personal information we collect from or about you in the following ways:
Users of the Service: When using the Service, if you choose to connect with an Expert, that Expert will have access to your name, the information contained in your User Account profile, and to any other information you choose to communicate with that particular Expert. We are not responsible for any of your communications with Experts, or their use of your information after you have connected with them.
Experts: As an Expert, the information contained in your profile will always be visible to Users. By using the Service as an Expert, you agree the personal information in your profile may be shared with Users.
Affiliates: We may share your personal information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with commercial partners and businesses that are legally part of the same group of companies as the Company, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service, as well as Affiliates' own services, and to provide you with what both the Company and its Affiliates consider to be relevant services and experiences.
Service Providers: We may share your personal information with third-party contractors and service providers that provide business, professional, or technical support functions for us, help us operate our business, or other activities in support of the Services and/or our businesses. These service providers are authorized to use your personal information only as instructed by us.Third-party advertisers: We may also share deidentified cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
Analysis: We may share aggregated information and Log Data with third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes.
Corporate Transaction: We may share personal information about you in the event that the Company is acquired by or merged with another company or a similar corporate transaction takes place, or in the event of a bankruptcy or some other transfer of assets.
Investigations: We may share personal information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of the Company’s Terms of Service, or as otherwise required by law.
Compliance with Laws: We may share personal information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
We disclose the following categories of personal information to third parties and service providers:
• Personal identifiers, such as name, contact information, and online identifiers;
• Pet information, including vet information and pet insurance information; and
• Transaction information.
Your California Privacy Rights
If you are a California resident, you may exercise certain rights under the California Consumer Privacy Act (“CCPA”). CCPA defines personal information as any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. We do not sell personal information to any third parties. We do not offer any financial incentives to MyStetho customers at this time.
We may collect, use or disclose for business purposes the following categories of personal information from the sources described in the “Collection of Information” section above.
• Name, contact information and other general identifiers such as IP address, email, or other unique personal identifiers;
• Customer records such as documentation containing your name or signature, financial and billing information;
• Purchase history and information about your purchasing tendencies;
• Geolocation data;
• Audio, Video and other Electronic Data, such as images of you and your pet;
• Profiles and inferences drawn from the information above.
If you are a California resident, you have the right to request access to and disclosure of the personal information we collect about you, our purpose for collection, and the categories of personal information we disclose and to whom, and the right to request deletion of your personal information. We respect your privacy rights, and we do not discriminate against individuals for exercising their rights. If you wish to exercise your right contact us at email@example.com to submit a request. We will respond to requests within 45 days. You may make requests or exercise these rights at no charge up to twice every 12 months. CCPA also grants California residents the right not to receive discriminatory treatment for exercising privacy rights.
Under California Civil Code Section 1798.83, California residents who have established business relationships with us may choose to opt out of our sharing their Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please contact us at firstname.lastname@example.org.
How to Correct or Update Your Personal Information
You may correct or update certain personal information that we collect from you by contacting us at email@example.com, or by editing your information and preferences on the “My Account” page of the Site or Application. We will use commercially reasonable efforts to update our files where possible. Please note that there may be instances where we have already shared your personal information with third parties and are unable to notify those third parties of your updated personal information.
Your Choices and Opt-Outs
Cookies, Targeted Advertising, and California Do Not Track Disclosure
Certain parts of our Site or Application require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Please refer to your web browser’s or operating system’s website for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.
To opt out of marketing communications, you may use one of these methods:
• Electronic Promotional Offers. If you do not want to receive emails from us regarding special promotions or offers, you may (i) click the unsubscribe link in the footer of any email; or (ii) contact us at firstname.lastname@example.org.
• Mobile Promotional Offers. When you provide us with your mobile number for marketing purposes, we may send you certain marketing alerts via text message. Standard data and message rates will apply. If you no longer wish to receive mobile alerts from us, you can (i) follow the instructions provided in those messages or otherwise reply STOP to any MyStetho alert; or (ii) contact us at email@example.com.
• Push Notifications. When you use the Applications, you may receive push notifications. If you prefer not to receive push notifications, you may adjust your settings on your mobile device to control whether you want to receive these alerts.
If you receive marketing communications from one or more brands within the MyStetho affiliated companies, you must opt-out individually from each of the brands from which you are receiving brand-specific marketing communications.
To protect your privacy and personal information, the Company has implemented reasonable security measures to protect the data we collect. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions or concerns about security on our Site and Applications, you can contact us at firstname.lastname@example.org.
Sharing Personal Contact Details
All communications, information and files exchanged between Users and Experts should be performed exclusively using the Company’s Services. Requesting or providing email addresses, Skype/IM usernames or other personal contact details (other than your name) through our messaging system is strictly prohibited.
The Company may transfer your personal information across national borders. You understand and agree that your personal information may be transferred to and processed by the Company and its service providers and other third parties located outside of your country of residence, including in countries such as Switzerland, which may not provide an equivalent level of data protection laws as the laws in your country of residence. Personal information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries, and it may be stored and otherwise processed outside your country of residence. By using the Site or Application, or providing us with your personal information, you consent to the potential collection, transfer, storage, and processing of your personal information in other countries.
Updates to This Policy
By using the Site, Applications and Service you are accepting the terms of this Privacy Statement, as it may be amended from time to time. Please check the date of this Policy each time you visit to ensure that you are aware of the most current version. If you do not agree to the terms of this Policy, please do not use this Site, Applications and Service.
We reserve the right to make changes to this Privacy Statement at any time. When we do, we will post the change(s) on the Site or Applications. Please visit this page periodically so that you will be apprised of any such changes. Your continued use of our Services after any modification to this Privacy Statement will constitute your acceptance of such modification. If we change the Privacy Statement in a material way, we will provide appropriate notice to you.
We are accountable for our compliance with this Privacy Statement and the personal information under our control. We have implemented policies and practices to give effect to this policy, including training and communicating with our employees the importance of privacy. We regularly monitor our procedures and security measures to ensure that they remain effective and that they are being properly administered.
If you have questions, concerns, or suggestions or wish to contact our Privacy Officer, please contact us by:
Mail: MyStetho for Pets, 15 rue des sources, 1205 Genève, Switzerland.
Telephone: +41 76 223 10 21
Submit a CCPA Rights Request
To exercise your rights under CCPA, you may submit a request by calling us at +41 76 223 10 21, or by email at email@example.com. You may submit a request on your own behalf, or you may designate an authorized agent to make a request on your behalf. Your authorized agent must submit written proof, such as an affidavit, as evidence of your authorization to submit a request on your behalf. In order to protect our customers’ personal information, and as required under CCPA, we will verify your identity following receipt of your request. For security purposes, our verification process requires an exact match of at least three data points you provide to us with data points we maintain in our records. Please provide your state of residence and at least three of the following data points when you submit your request:
• First and last name
• Email address associated with your MyStetho account
• Telephone number associated with your MyStetho account
• If you have purchased goods or services from us, please provide the date of your last transaction (day, month, and year)
• State of residence
• Optional: Mailing address