1. Eligibility for Membership
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
2.0 By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms
2.01 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Vetsquare.com, or (b) you are not permitted to receive any Services under the laws of Singapore or other countries / regions including the country / region in which you are resident or from which you use the Services.
2.02 You acknowledge and agree that Vetsquare.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If Vetsquare.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
2.03 You may be required to enter into a separate agreement, whether online or offline, with Vetsquare.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
2.04 The Terms may not otherwise be modified except in writing by an authorized officer of Vetsquare.com.
2.2 Member’s Responsibilities
2.20 Each Member represents, warrants and agrees that
- you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
- you use the Site and Services for business purposes only; and
- the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
2.21 Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that
- such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
- you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
2.23 Each Member represents, warrants and agrees that
- you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display;
- any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
- you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and
- you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
2.24 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
2.25 Each Member further represents, warrants and agrees that you shall/are:
- carry on your activities on the Site in compliance with any applicable laws and regulations;
- conduct your business transactions with other users of the Site in good faith;
- carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate Vetsquare.com’s various proprietary directories, databases and listings;
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by Vetsquare.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
- not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
- not engage in any activities that would otherwise create any liability for Vetsquare.com or our affiliates.
2.26 Member may not use the Services and member account to engage in activities which are identical or similar to Vetsquare.com’s e-commerce marketplace business.
2.27 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to
- act as your business referee;
- post and publish their contact details and information, reference letters and comments on their behalf; and
- that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
2.28 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Vetsquare.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Vetsquare.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
2.29 Member acknowledges and agrees that Vetsquare.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Vetsquare.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
2.30 Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
2.31 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
The Website is only a venue. Our site acts as the venue for buyers and sellers to solicit business. Although, we are involved in the actual transaction between buyers and sellers, however, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer. We cannot and do not control whether or not buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with people acting under false pretense. Because we do not and cannot control the action of others, in the event that you have a dispute with one or more users, you release VetSquare.com Pte Ltd. (and our agents and employees and any third party partners and/or licensees of VetSquare.com Pte Ltd.) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. For legal reasons, we cannot nor do we try to control the information provided by other users, which is made available through our system. We expect that you will use caution -- and common sense -- when using our site.
4.0 Transactions Between Buyers and Sellers
4.1 Through the Site, Vetsquare.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Vetsquare.com additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Vetsquare.com Transaction Services Agreement. However, for any Services, Vetsquare.com does not represent either the seller or the buyer in specific transactions. Vetsquare.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
4.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Vetsquare.com uses several techniques to verify the accuracy of certain information our Users provide us when they register for membership service on the Site. However, because user verification on the Internet is difficult, Vetsquare.com cannot and does not confirm each User's purported identity (including, without limitation, Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
4.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Vetsquare.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
4.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
4.5 User agrees to provide all information and materials as may be reasonably required by Vetsquare.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. Vetsquare.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
4.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Vetsquare.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5. Bidding and Buying
If you bid on an item and your bid is accepted by the seller (or the buyer in the case of a "name your own price" bid), you are obligated to complete the transaction. Bidding has the same effect in law as entering into a firm purchase order. Bids are not retractable except in exceptional circumstances such as the seller (or buyer) materially changing the description of the item after your bid. If you choose to bid on restricted use products, you are certifying that you have the legal right to purchase these products.
6. Listing and Selling
Listings are text descriptions on the Website selected by you from our product database. If you receive one or more bids at or above your stated minimum, then you are obligated to complete the transaction.
7. Your Information
Your information includes any information you provide to us or other users during the registration, bidding or listing process. With respect to Your Information, you agree that:
i) You are solely responsible for Your Information, and VetSquare.com Pte Ltd. acts only as a passive conduit for your online distribution and publication of Your Information. This responsibility includes issuance of all bills of lading and all transportation documents required by applicable statues and regulations. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion, including, without limitation, deleting, editing or restricting or suspending access to such information, if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
ii) Your Information and the sale of your item(s) on the Website:
(a) shall not knowingly infringe any third party's local and International copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising, transportation of hazardous material, or sale, distribution and use of pesticides);
(c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(d) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
(e) shall not link directly to or include descriptions of goods or services that:
(i) are identical to other items you have up for bid but are priced lower than your bid item's minimum bid amount;
(ii) are concurrently listed for bid anywhere other than the Website; or
(iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation.
8. No Price Manipulation
Buyers or Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.
9. System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any bid being conducted on our site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
We may terminate your membership and any of your current bids immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
11. Right to Terminate
VetSquare Pte Ltd. reserves the right in its sole discretion to refuse service to any user at any time. Further VetSquare.com Pte Ltd. reserves the right to terminate the bid of any item at any time with no liability to the seller or prospective buyer of such item.
11.0 Breaches by Members
11.1 Vetsquare.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Vetsquare.com or our affiliates to liability, or is otherwise found inappropriate in Vetsquare.com’s opinion.
11.2 If any Member breaches any Terms, or if Vetsquare.com has reasonable grounds to believe that a Member is in breach of any Terms, Vetsquare.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Vetsquare.com in its discretion;
restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display;
imposing other restrictions on the Member’s use of any features or functions of any Service as Vetsquare.com may consider appropriate in its sole discretion; and
any other corrective actions, discipline or penalties as Vetsquare.com may deem necessary or appropriate in its sole discretion.
11.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
upon complaint or claim from any third party, Vetsquare.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
Vetsquare.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
Vetsquare.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
Vetsquare.com believes that the Member’s actions may cause financial loss or legal liability to Vetsquare.com or our affiliates or any other Users.
11.4 Vetsquare.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Vetsquare.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Vetsquare.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Vetsquare.com for such disclosure.
11.5 If a Member is in breach of the Terms, Vetsquare.com also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Vetsquare.com also reserves the right to disclose the records of such breach to our affiliates. Such Vetsquare.com affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such Vetsquare.com affiliates.
11.6 Vetsquare.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Vetsquare.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Vetsquare.com including without limitation and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Vetsquare.com shall have the right to publish the records of such breach on the Sites. Vetsquare.com shall not be required to investigate such breach or request confirmation from the Member.
11.7 Each Member agrees to indemnify Vetsquare.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
11.8 Each Member further agrees that Vetsquare.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Vetsquare.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Vetsquare.com in asserting any available defenses.
Our then-current privacy policies, available below, are incorporated herein by reference.
13. No Warranty
WE, OUR SUPPLIERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF VetSquare.com Pte Ltd. PROVIDE THE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE, OUR SUPPLIERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF VetSquare.com Pte Ltd. SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limit of Liability
IN NO EVENT SHALL WE, OUR SUPPLIERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF VetSquare.com Pte Ltd. BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
14.0 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY VETSQUARE.COM ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND VETSQUARE.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, VETSQUARE.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; VETSQUARE.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND VETSQUARE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
14.2 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Vetsquare.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Vetsquare.com or through or from the Site shall create any warranty not expressly stated herein.
14.3 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Vetsquare.com and our affiliates be held liable for any such services or products.
14.4 Each User hereby agrees to indemnify and save Vetsquare.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Vetsquare.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Vetsquare.com, including but not limited to those set forth in Section 11 hereunder.
14.5 Each User hereby further agrees to indemnify and save Vetsquare.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Vetsquare.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Vetsquare.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Vetsquare.com in asserting any available defenses.
14.6 Vetsquare.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
- the use or the inability to use the Site or Services;
- any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Site; or;
- any matters relating to Services however arising, including negligence.
14.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Vetsquare.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of
- the amount of fees the User has paid to Vetsquare.com or our affiliates during the calendar year and
the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
14.8 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Vetsquare.com has been advised of or should have been aware of the possibility of any such losses arising.
15. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND OUR THIRD PARTY PARTNERS AND/OR LICENSEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF
- THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR
16. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
17. No Agency
You and VetSquare.com Pte Ltd. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be sent via E-mail to email@example.com (in the case of VetSquare.com Pte Ltd.) or to the E-mail address you provide to VetSquare.com Pte Ltd. during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after E-mail is sent, unless the sending party is notified that the E-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to VetSquare.com Pte Ltd. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing
19.0 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
19.1 You agree to use the Site or Services solely for your own private and internal purposes. You agree that
you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and
you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Vetsquare.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Vetsquare.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
Vetsquare.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that Vetsquare.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
19.3 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Vetsquare.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
19.4 You agree not to undertake any action which may undermine the integrity of Vetsquare.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
19.5 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to Vetsquare.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Vetsquare.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Vetsquare.com that you have all the rights, power and authority necessary to grant the above license.
19.6 This Agreement shall be governed in all respects by the laws of the Republic of Singapore as such laws are applied to agreements entered into and to be performed entirely within the Republic of Singapore between the residents of the Republic of Singapore. Both parties submit to jurisdiction in the Republic of Singapore and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in the Republic of Singapore. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by VetSquare.com Pte Ltd., located at Bukit Timah, P.O. Box 0102, Singapore 915804, The Republic of Singapore.
Product and Service Policy
Product and Services Descriptions
We strive to bring you the most up-to-date product and Services information possible. Details on each product, including product descriptions, brand names, labels, MSDS', etc. Some of this information is made available through the Website for the convenience of our members. However, the information is not verified or substantiated by VetSquare.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.
21. Product and Services Quality
Products and Services offered through the Website are certified by sellers to be of quality as claimed by sellers and accordingly accepted by the buyer prior to finalizing the bid, new products in original, unopened packaging. Furthermore, Sellers posting items for sale warrant that the items are properly identified and free from defect or alteration, recognizing that potential buyers are relying upon information provided by Seller, and are offered for sale within any labeled shelf life of the product. However, the information is not verified or substantiated by VetSquare.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.
22. Product and Services Registration
With respect to chemicals, only products registered in accordance with the respective legal acts governing their use and disposal in their respective jurisdiction, here in this agreement, the buyer and sellers jurisdiction Act may be offered for sale. In addition, products sold into a particular country must be registered for use in that country. It is the responsibility of the seller to insure that only properly registered products are sold to buyers. Since the seller may not know the destination country until the bid is completed, buyers are encouraged to carefully check for registration details of each product bid upon, and to ensure compliance with all regulations. If upon winning a bid (at which time the destination country is known), if a product sale is determined to be in violation, VetSquare.com Pte Ltd. may, but is not under a duty to, cancel the transaction. If the seller or buyer realizes the error they must notify VetSquare.com Pte Ltd. immediately at email firstname.lastname@example.org. If the error is determined in advance of freight company dispatch, any funds collected will be returned and the next bidder will be contacted and offered the product. If the product is no longer wanted by the second place bidder, it can be re-listed for bid at the discretion of the seller. If the transaction is determined to be in violation of any regulations, and the product has been picked up by the freight service provider, all freight fees will be charged to the seller of the product. However, the information is not verified or substantiated by VetSquare.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.
22.0 The Vetsquare.com contracting entity that you are contracting with is Vetsquare.com Zagro Singapore Private Limited (Company Reg. No. 198000391G). As some or part of the Services may be supported and provided by affiliates of Vetsquare.com, Vetsquare.com may delegate some of the Services to its affiliates, who you agree may invoice you for their part of the Services.
22.1 You must register as a member on the Site in order to access and use some Services. Further, Vetsquare.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Vetsquare.com may impose in our discretion.
22.2 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Vetsquare.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
22.3 Vetsquare.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice
22.4 Some Services may be provided by Vetsquare.com’s affiliates on behalf of Vetsquare.com.
23. Product and Services Labeling
Products must be properly labeled in compliance with all regulations, including regulations in the destination country. Compliance is the responsibility of the seller. However, the information is not verified or substantiated by VetSquare.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.
24. Anonymity Policy
VetSquare.com Pte Ltd. supports the adherence to regulatory and stewardship responsibilities by sellers and buyers of crop protection products. VetSquare.com Pte Ltd. recognizes the importance of managing and archiving all transaction data to facilitate adherence to these laws. While transactions taking place on the Website are anonymous, all information collected relating to the sale of products, licensing and registration of sellers and buyers and customer profiles will be made available to regulatory officials in the event of an emergency or to meet legal requirements. Any member using false or inaccurate information to conduct transactions using the Website's process will therefore be subject to prosecution as prescribed by the laws of the Republic of Singapore. VetSquare.com Pte Ltd. reserves the right to deny membership to any party it believes to be providing false or misleading information.
25. Cancellation Policy
We cannot accept cancellation of bids or orders. We also cannot accept cancellation of "For Sale" listings once a bid has been made. All bids and orders are final. Should your bid win, it becomes your order and will be billed and shipped accordingly.
VetSquare.com Pte Ltd. is committed to making the Website services a reliable means of sourcing Crop Protection Products and Services. To that end we will make all reasonable efforts to ensure reliable supply if a seller fails to meet its obligation in a given transaction in a timely manner, then at VetSquare.com Pte Ltd's sole discretion, VetSquare.com Pte Ltd. will have the right but not the obligation to seek an alternative supply of the applicable product at any price and from any location in which it is available, and permit such alternate supplier to substitute this product and complete the transaction with the applicable buyer. Any cost difference between the original sales price plus freight and the substituted sales product price plus freight will be the responsibility of the original seller who failed to meet its obligation. Seller will make such payments to VetSquare.com Pte Ltd. within five days of receipt of documentation of such cost difference from VetSquare.com Pte Ltd. and VetSquare.com Pte Ltd. will forward such payment to the alternate supplier. VetSquare.com Pte Ltd. makes no representations or warranties as to the availability of alternate supply, but reserves the rights to arrange such alternate supply when feasible. The foregoing obligation of seller will be in addition to any other remedies provided by this agreement or available at law.
26. Payment Policy
All payments must be on irrevocable confirmed letter of credit (LC) at sight to VetSquare.com Pte Ltd.'s approved bankers
27. Tax Policy
Sales tax or other tax collection and payment (where applicable) are not the responsibility of VetSquare.com Pte Ltd. Buyers on the site and sellers shall pay applicable taxes themselves.
28. Additional Charges
Buyers and Sellers are responsible for any detention charges at the respective loading site.
29. Member Account and Shilling Policy
29.0 Member Accounts
User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with Vetsquare.com’s approval, one User may only register one member account on the Sites. Vetsquare.com may cancel or terminate a User’s member account if Vetsquare.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Vetsquare.com may reject User’s application for registration for any reason.
Upon registration on the Site, Vetsquare.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Vetsquare.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Vetsquare.com or other Users of the Sites. Member shall indemnify Vetsquare.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Vetsquare.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
29.1 Shilling Policy
Shilling is the activity of bidding against your own product listing to drive the price up, and is strictly forbidden. VetSquare.com Pte Ltd. has designed the system to restrict shilling and will actively pursue any member who we believe to be shilling.
We use your IP address to help diagnose problems with our server, and administer our Website.
Your IP address is used to gather broad demographic information.
Our site's registration form requires users to give contact information (user name, address, telephone number and E-mail address).
The user can correct or update personal information in the Registration Information section of the Member Profile page.
We use customer contact information from the registration form to send the user information about our company and information about bids. The customer's contact information is also used to contact the customer when necessary (for transportation or banking problems, for example). We may provide registration information (except license/permit, bank, and credit card number information) to certain of our third party partners and/or licensees to send users information regarding such third party products or services.
VetSquare.com Pte Ltd. will not release specific personal information to any third party other than VetSquare.com Pte Ltd.'s Internet partners. We will only use aggregate data to understand trends, pricing and other broad demographic information.
All information collected relating to the sale of products, licensing and registration of sellers and buyers and customer profiles will be made available to regulatory officials in the event of an emergency or to meet legal requirements.
Users may opt out of receiving future mailings; see the opt out section below.
Financial information that is collected is used to transfer funds to and/or from the customer's account for products and services.
This site contains links to other sites. VetSquare.com Pte Ltd. is not responsible for the privacy practices or the content of such Websites.
VetSquare.com Pte Ltd. endeavors to take all measures in place to protect the loss, misuse and alteration of information under our control.
31. Force Majeure
31.0 Under no circumstances shall Vetsquare.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
31.1 Opt Out
If you would like to be removed from our database and not receive future communications or to no longer receive our service, you can send E-mail to email@example.com. We are required to maintain information on past transactions to accommodate inquiries from regulatory authorities.
32. Intellectual Property Right
32.0 Vetsquare.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Vetsquare.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Vetsquare.com are hereby reserved.
32.1 "VETSQUARE", "VETSQUARE.COM", and related icons and logos are registered trademarks or trademarks or service marks of Zagro Singapore Private Limited, and “ZAGRO" and related icons and logos are registered trademarks or trademarks or service marks of Zagro Singapore Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
32.2 Vetsquare.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.