TERMS AND CONDITIONS

INTRODUCTION

1. Best for Pet is an annual preventative wellness program for pets brought to You by Australian Veterinary Owners League Pty Ltd ACN 601 874 588 (“VP”).
2. The program allows Members access to select veterinary services on an annual basis at participating veterinary clinics.
3. The program is designed to be preventative care to help keep pets healthy, it is not an insurance program or a substitute for pet insurance.
4. Not all veterinary services are covered by the program and You are responsible to confirm the services that are part of the program with your participating veterinary clinic prior to joining the program.
5. By joining the Best for Pet program, Members agree to be bound by these terms and conditions as between VP, the Member and the participating veterinary clinic.
6. Members can only be registered with one participating veterinary clinic.
7. Members can contact their participating veterinary clinic, the Best for Pet support team [email protected] or seek your own independent advice about these terms and conditions.

MEMBERSHIP
8. Members (in these terms and conditions includes where applicable “Member” or “You”) sign up to the program for 12 month periods, which will automatically renew for further consecutive 12 month periods unless membership is terminated by the member or VP in accordance with these terms and conditions.
9. Members can only register their own dog or cat; the program is not available to other pets (for example rabbits).
10. An annual membership is limited to the pet nominated by the Member.
11. A separate membership must be purchased for each additional pet owned by a Member to be part of the program, and each additional pet registered to the same owner in the program will receive a 10% discount from the fee paid for the first pet on the annual membership fee.
12. VP will remind a Member at least 30 days before the end of any 12 month period that their membership is due to renew by sending a notification to the member’s registered email address.
13. Members are solely responsible for checking the terms of their membership and their registered email address and must ensure that they update their participating veterinary clinic of any changes to their contact details, including their email address and phone number.
14. VP will not be liable for any delay or disruption in communication due to incorrect or outdated Member contact details.
15. Unless the Member notifies their participating veterinary clinic at least 20 days before the end of any 12 month period of membership that the Member does not wish to renew, their membership will automatically renew for another 12 months.

ANNUAL MEMBERSHIP FEES
16. The annual membership fees are as specified from time to time on our website and will be reviewed annually.
17. Notwithstanding clause 16, the Member’s annual membership fee will remain fixed for any 12 month period and will only increase if the Member’s annual membership is renewed in accordance with these terms and conditions, in particular clauses 12 and 15. For example if You joined on 1 June your fee will remain the same until 31 May of the following year and will only increase to the new fee from 1 June of the Member’s new annual membership term.
18. Members must pay their annual membership fee through an initial payment and 11 subsequent equal monthly instalments in the first 12 months.
19. Renewed memberships must be paid through 12 equal monthly instalments.
20. Members may also choose to pay the full annual membership fee upfront.
21. Payment must be made by direct debit authority from the Member’s nominated bank account or credit card or paid at the members’ participating veterinary clinic.
22. Any dishonoured direct debit will incur a $10 dishonour fee which is payable at the next direct debit drawing, which the Member acknowledges and agrees is a reasonable initial pre-estimate of the costs to be incurred by VP or its agents in connection with that default.
23. Participating veterinary clinics may engage a third party provider to facilitate the payment of membership fees, and Members will be responsible for compliance with the terms of any such third party payment services provider.
24. If a Member fails to pay an instalment of their annual membership fee, the participating veterinary clinic may, directly or through a third party provider, recover (at the member’s cost) any outstanding membership fee, including any administrative, service, or legal fees, and applicable interest associated with the outstanding membership fee or the recovery process.
25. Members will be advised by sending a notification to the Member’s registered email address of any change in the membership fee, which will apply from the next anniversary of their membership unless the Member notifies their participating veterinary clinic not to renew their membership at least 20 days before the end of the then current membership period.

CANCELLATIONS
26. Memberships are for a 12 month period and a Member may choose not to renew their membership by sending an email to their participating veterinary clinic at least 20 days before expiry of the current membership period.

27. A Member wishing to cancel within their 12 month period should contact their participating veterinary clinic to discuss cancellation.
28. Members may cancel their membership at any time without penalty if their pet has passed away. Otherwise, Members that cancel within their 12 month membership period may be required to pay (whichever is less):
i. the difference between the savings obtained on the services provided by their participating veterinary clinic through their membership in the program and the total amount of membership fees paid to date; or
ii. the amount of membership fees for the remainder of the 12 month membership period.
29. Any reconciliation payment under clause 28 must be paid by direct debit or by payment to the Member’s participating veterinary clinic prior to the cancellation becoming effective.
30. If the reconciliation payment under clause 28 is not received, cancellation will not occur and the Member will continue to incur liability for regularly scheduled payments.

MEMBERSHIP BENEFITS
31. Subject to the specific benefits and services offered at a Member’s participating veterinary clinic, Members may enjoy the following benefits and services at their participating veterinary clinic in each 12-month membership period:
i. All routine core and recommended annual vaccinations as prescribed by the treating veterinarian at the clinic, including core canine and feline vaccinations, annual boosters for infectious canine cough (i.e. kennel cough), leptospirosis (where prevalent in the Member’s local area) and FIV vaccinations. Non-routine vaccinations or vaccinations for exotic or emerging disease conditions are not included in the program.
ii. Unlimited veterinarian and veterinary nurse consultations, provided that an appointment has been made with the clinic during normal clinic hours, up to a maximum of 20 minutes and subject to fair use as set out below. Consultations performed without an appointment, or outside of normal clinic hours, including weekends and/or public holidays, house calls, veterinary specialists or behaviour consultations, or which exceed 20 minutes are not included in the program and additional charges may apply. Consultations may be performed by a veterinary nurse or veterinarian at the discretion of the participating veterinary clinic.
iii. One (1) preventative health care screen, including a preventative blood and urine test. These tests are preventative in nature for the purposes of identifying potential illness or management of conditions. Additional charges may apply if comprehensive testing or diagnostic work is required.
iv. One (1) microchip, only if required. A microchip will not be required if your pet currently has one.
v. Up to $250 off one (1) dental procedure annually. This discount cannot be used in conjunction with any other offer or promotion, including the 10% discount on professional veterinary services below.
vi. 10% discount on professional veterinary services, including procedures, surgery, and imaging performed by your treating veterinarian at the clinic during the membership period. This does not include any specialist or referral services.
vii. 10% discount on parasite prevention, pet food and retail products purchased at the clinic during the membership period.
viii. Two (2) nights of standard cat boarding (if available at the participating veterinary clinic and subject to booking availability) twice per membership year.
ix. Four (4) nail trims for cats or dogs provided that no sedation is required. This may be performed by a veterinary nurse or veterinarian at the clinic.
x. Four (4) ‘do it yourself’ hydro baths (if available at the participating veterinary clinic).
32. All membership benefits and services may not be available at all participating veterinary clinics and it is up to the Member to confirm with the participating veterinary clinic prior to joining the program which benefits and services are available).
33. All membership benefits and services will be subject to the professional recommendation of the treating veterinarian at the clinic and availability.
34. Membership benefits are subject to change and equivalent substitutions at VP and/or the participating veterinary clinic’s reasonable discretion.
35. Membership benefits and discounts are not to be used in conjunction with any other offer and cannot be exchanged or redeemed for cash or other consideration.
36. Membership benefits may be redeemed within the membership period only and expire at the end of each 12-month membership period or on termination for any reason and do not accumulate.
37. Any additional goods, services, consultations and/or treatments not covered by the program (including any additional consultation hours, diagnostic work and medications) will be payable at the participating veterinary clinic’s standard current fee schedule.

VACC FOR LIFE POLICY
38. Any existing members of the Vacc For Life program are eligible to join the Best For Pet program at any time.
39. If an existing member of the Vacc For Life program joins the Best For Pet membership, that member’s Vacc For Life program will be deemed to be automatically cancelled and no refunds will apply.
40. Benefits of Vacc For Life will still be honoured for those members who do not join Best For Pet.

FAIR USE AND MEMBER CONDUCT
41. The on-going provision of membership benefits and services is subject to a Member’s compliance with the following fair use and conduct terms.
42. Participating veterinary clinics may exclude some or all of the membership benefits and services to Members on the basis of unreasonable use, as determined by the participating veterinary clinic at its reasonable discretion, by notifying the Member of such use in writing. If such unreasonable usage continues, the participating veterinary clinic may exclude membership benefits and services or terminate the membership.
43. Members must at all times in connection with the Best for Pet program conduct themselves in a safe, lawful, honest, respectful, and appropriate manner. Abuse, harassment, threatening behaviour, and other misconduct in respect of veterinary clinic staff, customers, patients, or other person or animal in connection with the Best for Pet program will not be tolerated.
44. VP reserves the right to immediately suspend or terminate a Member’s membership at any time if, in its reasonable discretion, VP suspects or determines that a member has breached the conduct terms set out in clause 43.

TERMINATION
45. Members must comply with these terms and conditions at all times during any membership period.
46. In addition to any other rights under these terms and conditions, if a Member breaches these terms and conditions then VP may notify the Member of such breach in writing. If the breach is not remedied in the timeframe required by VP (acting reasonably), then VP may terminate the membership.

LIABILITY
47. VP will not be liable for any loss, cost, damage, expense, or claim arising from any failure, default, or delay in the supply of services or the membership benefits to Members if, and during the period in which, such failure, default, or delay is caused by events (such as, but not including, Covid 19) or circumstances beyond VP’s reasonable control . If such circumstances occur, VP may elect to suspend all or part of the supply of services or benefits to Members or terminate the Best for Pet membership program on notice to Members and, if terminated, VP will provide a refund of any prepaid membership fees on such basis as is determined by VP (acting reasonably).
48. VP does not warrant that the Best for Pet program or any of the membership benefits will be available to Members at any particular time or on an ongoing basis.
49. Subject to compliance with applicable law, VP may elect to discontinue the Best for Pet program at any time on notice to Members and, in such circumstance, VP will provide a refund of any prepaid membership fees on a pro rata basis for the balance of the term.
50. In these terms and conditions Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Nothing in these terms and conditions operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations)
51. If there is a major failure with services provided under this program not meeting the Non-excludable Obligations then a Member is entitled:
i. to cancel this agreement and to a refund of the unused portion; or
ii. to compensation for any difference in the value of the services provided and what the member paid.
If the problem with the services is not major the participating veterinary clinic will fix it within a reasonable time. If it is not fixed within a reasonable time the member can chose to have someone else fix the problem and recover reasonable costs from VP.
52. If there is a major failure with goods provided under this program not meeting the Non-excludable Obligations then a Member is entitled to:
i. a refund or exchange; or
ii. to compensation for the difference in the value of the goods provided and what the member paid.
If the problem with the goods is not major it will be repaired in a reasonable time and if not repaired in a reasonable time the member can chose a refund or replacement.
53. Except in relation to Non-excludable Obligations, and to the maximum extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded.
54. Except in relation the Non-Excludable Obligations where a Member can seek reasonable foreseeable compensation for breach, each party’s total liability to the other (whether in contract, tort (including negligence), or otherwise for any claim arising from membership of the program and/or the supply of the benefits or services shall not exceed the price paid by the Member for the program in the 12 months prior to the events that give rise to the claim.
55. VP provides the program via participating veterinary clinics and any right, benefit, exclusion or limitation of liability in these terms and conditions in favour of VP are also held in trust for the benefit of each of the participating veterinary clinics and includes the right of the veterinary clinics to enforce these terms and conditions directly against a Member.

GENERAL

56. These terms and conditions are governed by the laws in force in New South Wales, Australia.
57. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
58. Invalidity of any provisions in these terms and conditions does not affect any other provisions.
59. Any delay or failure by VP to enforce any rights under these terms and conditions does not constitute waiver.
60. VP collects, stores, uses, and discloses personal information it receives from You or third parties in connection with the Best for Pet membership program in accordance with the VP Privacy Policy.
61. VP may from time to time make changes to these terms and conditions and VP will bring those changes to a Member’s attention by sending a notification to the Member’s registered email address.
62. A Member’s continued use of the membership benefits after a change to the terms and conditions has been notified to that Member means that You have accepted any changes VP has made (subject to the Member’s cancellation right above).
63. You are responsible for ensuring that the contact details VP has for You are correct and up to date.

Version: 1 December, 2021