1. Introduction

    Welcome to VetSphere Academy Website (the “Website”). The Website is operated by MWI Animal Health (“MWI Animal Health”, “we”, “us” or “our”). We are registered in England and Wales under company number 00787385 and have our registered office at Centaur House, Torbay Road, Castle Cary, BA7 7EU, United Kingdom, which is also our main trading address. Our VAT number is 736740226. We are a limited company.

    To contact us, please email privacy@mwiah.co.uk or telephone our customer service line on 03300 947 587.

    Listed on this page are the terms and conditions which apply to your interactions with us, as well as certain terms applicable to your subscription to our membership service (each a “Membership” and collectively, the “Memberships”). These Terms and Conditions tell you how you can subscribe and/or unsubscribe to a Membership, what to do if there is a problem and other important information, so please read them carefully before proceeding (and print if necessary).

    By using the Website, using the materials contained within the Website or otherwise made available in connection with the Website and subscribing to a Membership you are agreeing to be bound by these Terms and Conditions. When we say ‘Terms and Conditions’ that includes all documents referred to on this page (such as our Website Terms, Membership Terms and Privacy Policy) and any other policies or terms referred herein or therein and any updates, amendments or revisions thereto. Where these Terms and Conditions (or any part of them) have been translated into languages other than English, the English language version takes priority.

    These Terms and Conditions may be modified from time to time to reflect changes to our Memberships or changes in the law but, should this happen, they will be posted on the Website or, if the changes are material, we will provide you with reasonable notice you of such changes by email. Your continued use of the Website following the posting of the revised terms and conditions means that you accept and agree to the changes. Changes to terms and conditions won’t apply retrospectively unless you agree to it.

    If you don’t wish to be bound by these Terms and Conditions then you are not authorised to use the Website, subscribe to any Membership from it and must promptly cease using the Website.

  2. Our Liability To You And Your Liability To MWI Animal Health

    This Section explicitly sets forth your liability to us and MWI Animal Health’s liability to you under these Terms and Conditions (including what you cannot hold MWI Animal Health liable for under these Terms and Conditions) with respect to the use of the Website, services provided via the Website or made available to you in connection with the Website (“Associated Services”) and our Membership services.

    You expressly understand and agree that to the extent permitted by applicable law, your use of our Website; Associated Services and Membership services is at your sole risk. Any content accessed through our website or made available to you in connection with the Website is accessed at your own risk, and you shall be solely responsible for any damage to your device, or any device you use to access our website, or any other loss that results from accessing such content. MWI Animal Health and its licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, arising from use of the website. You acknowledge and agree that neither MWI Animal Health’s nor its licensors are liable, and you agree not to seek to hold us liable, for the conduct of third parties on the website, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. The terms in this Section 2 do not affect your statutory rights as a consumer and nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that may not be excluded or limited under applicable law.

    You agree to defend, indemnify and hold MWI Animal Health and its group companies, affiliates, licensors and business partners harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Website; or (b) your breach of these Terms and Conditions or any other policies that MWI Animal Health may issue for the Website from time to time.

    If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is reasonably foreseeable and a direct result of our breaking these Terms and Conditions or our failing to use reasonable care and skill. We will not be responsible for any losses you suffer as a result of us breaching these Terms and Conditions that were not reasonably foreseeable to both you and us when you commenced using the Website, using the Associated Services or when the contract for your Membership was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

    To the fullest extent permissible by applicable laws, under no circumstances, will MWI Animal Health or its licensors be liable to you for more than the total amount paid to MWI Animal Health by you for your Membership during the twelve-month period prior to the act, omission or occurrence, giving rise to such liability.

    To the fullest extent permissible by applicable laws, we are not responsible for indirect losses (including consequential damages) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us.

    We only supply Memberships for individual and private use. If you subscribe to our Memberships for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

    Other Important Terms

  3. These Terms And Conditions Are Our Entire Agreement

    These Terms and Conditions including the documents and additional terms referred to in them (in each case, as amended from time to time) constitute the entire agreement between us and you in relation to use of the Website, Associated Services and/or supply any Membership to you and supersede all previous agreements in respect of the same.

  4. We Do Not Waive Our Rights If We Fail To Exercise Them

    If we fail, at any time during the term of any contract between you and us concluded under these Terms and Conditions to insist upon strict performance of any of your obligations under that contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

    For example, if you miss a payment and we do not chase you but we continue to provide the Membership, we can still require you to make the payment at a later date and we reserve all of our rights for loss or non-repayment by you. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. A waiver by us of any default shall not constitute a waiver of any other default.

    General And Governing Law

    These Terms and Conditions will be governed by and will be construed under the laws of England and Wales and all disputes arising out of related to your use the Website and Membership shall be subject to the exclusive jurisdiction of the courts located in England and Wales.

    Website Terms

  5. Website Content

    Unless we state otherwise, all content published on the Website or made available to you in connection with the Website (including but not limited to all information; data; products; images, photographs, audio, video, artworks, graphics and materials; services; software and databases; tools; designs; text; text, video and audio chat conversations and exchanges; Contributions; and Copyright Material) is presented solely for your private, personal and non-commercial use. While we do always try to ensure that the Website and information made available to you in connection with the Website is accurate and up to date, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss which may arise from reliance on such content, whether it is our material or material posted by a third party.

    We have the right to change or take down the Website and anything on it without notice, and without liability to you or any third party. Continued use of the Website shall be deemed your acceptance of such changes.

  6. Links to third party sites

    Our Website may contain links to other websites (‘linked sites’). The linked sites are not under the control of MWI Animal Health and MWI Animal Health is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. MWI Animal Health is not responsible for webcasting or any other form of transmission received from any linked site. MWI Animal Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MWI Animal Health of the site or any association with its operators.

    Links in our Website may allow you to leave our Website or be sent to a third-party’s website. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Third-party linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement or adoption by MWI Animal Health of the linked website and should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    You are responsible for taking precautions to ensure that whatever you select for your use is free of items such as infection viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties and other items of a harmful or destructive nature. It is also your responsibility to review the privacy policies on any linked sites as their privacy rules and standards may be different from ours and we are not responsible for their privacy policies or practices. You should also review the terms and conditions of any linked websites.

    We welcome bookmarks and links to our Website for lawful purposes. You are free to establish a hypertext link to this Website as long as the link does not state or imply any sponsorship or endorsement of your website by us or our affiliates. We reserve the right, in our sole discretion at any time, to deny any request, or rescind any permission granted, to link to this Website and to require termination of any such link to this Website. You may not frame any content of this Website or utilise any framing techniques in any way, including enclosing any trademark, logo, or other proprietary information (including images, text, page layout, or form), without our prior written consent. You may not incorporate any intellectual property contained on this Website or owned by us or our licensors. You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent.

  7. Privacy Policy

    MWI Animal Health has a privacy policy (“Privacy Policy”) that sets out the privacy policies and practices of MWI Animal Health as they relate to the collection, use and disclosure of personal data in connection with your use of this site. Our Privacy Policy can be accessed here – Privacy Policy.

  8. Content Provided By You

    All material which you contribute to the Website or its connected social media accounts, including reviews, feedback, stories, testimonials, and images (“Contribution”), is subject to these Terms and Conditions. MWI Animal Health does not verify or endorse and takes no responsibility for any Contribution or any content or communications made available through the Website via any function which allows a user to publicly post or share content.

  9. User-Generated Content Is Not Approved By Us

    This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

    If you wish to complain about content uploaded by other users, please contact us at privacy@mwiah.co.uk.

  10. Using The Website

    The Website is provided on an ‘as is’ and ‘as available’ basis and may contain technical inaccuracies or typographical errors. We give no warranties, whether express or implied, in relation to the Website, any third party content accessed on or through the Website, any content made available to you in connection with the Website (including but not limited to via video, text or audio chat), or any transaction that may be conducted on or through the Website, including any warranties of: (a) non-infringement, security or accuracy; (b) that your use of the Website will be uninterrupted, error or defect free; or (c) that the Website or the server that makes it available to you are free of viruses or bugs or that any defect or downtime will be fixed promptly or at all. Note that if the need arises, we may suspend access to the Website or close it, or any part of it, indefinitely and without further notice to you or any third party.

    This Website and any content is provided for general information only. Commentary and other materials posted on the Website or made available to you in connection with the Website (including but not limited to via video, text or audio chat) are not intended to constitute advice upon which any reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or content made available to you in connection with our Website.

    You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

    We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

  11. Intellectual Property

    Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, articles, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together defined as “Copyright Material”), is owned by us or one of our group companies and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our group companies and our third-party licensors.

  12. Using Our Copyright Material

    You are permitted to access, store, print and use the Copyright Material on the Website for your own personal and non-commercial use. However, you may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from the Website or Copyright Material without our prior written permission. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.

    For the avoidance of doubt, you must not use any part of the Copyright Materials for commercial purposes without obtaining a licence to do so from us or our licensors.

    You shall not modify, translate, reverse engineer, decompile, disassemble, or hack the Website or create derivative works based on any software or accompanying documentation supplied by MWI Animal Health or its third-party licensors. VetSphere Academy is a trade mark belonging to MWI Animal Health. No licence or consent is granted to you to use this trademark in any way, and you agree not to use this trademark or any mark which are considerably similar without our prior written permission. You agree not to remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in the Website and you shall not use any metatags or other “hidden text” incorporating MWI Animal Health marks.

    Any unauthorised use of the Website is strictly prohibited and may constitute a breach of our or our licensors’ intellectual property rights.

  13. Requests To Use Copyright Material

    The Website may incorporate third party content and we may be unable to grant permission for you to use any such third-party content. Please contact the appropriate third party for permission to use their content.

  14. Your Account With Us

    If you open an account with us, you must ensure that the details you give us are correct and complete. Please let us know right away if any of the details you provided while registering should change.

    If you are given a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. Accounts may not be shared. You agree to accept responsibility for all activities that occur under your account or password.

    You should inform us immediately if you have any reason to believe that your password has been compromised or there has been any other breach of security regarding the Website that comes to your attention.

    We have the right to suspend your account or to disable any username or password at any time if we believe you have failed to comply with these Terms and Conditions or for security and maintenance reasons.

  15. Interference With The Website

    You must not attempt to interfere with the proper working of the Website or otherwise attempt to obstruct or interfere with any other person’s or entity’s use of the Website – for example, by attempting to circumvent security or tamper with or disrupt any computer or Internet device.

    Without limiting the foregoing, you agree that you will not use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by MWI Animal Health in its sole discretion. You agree that you will not (a) obtain or attempt to obtain any information from the Website including, without limitation, email addresses or mobile phone numbers of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Website. Anyone misusing the Website in this way may be committing a criminal offence and we reserve the right to report this to the relevant law enforcement authorities and to co-operate with those authorities by disclosing the relevant user’s identity to them. In addition, we reserve the right to seek damages and costs (including legal fees) from any such user to the fullest extent permitted by law.

  16. Suspension And Termination

    If we believe that a breach of this policy has occurred, we may, in our discretion, take any action we consider appropriate, including immediate temporary or permanent withdrawal of your right to use the Website, suspension or cancellation of your account or Membership, immediate removal of any Contribution, issue of a warning to you, and/or legal proceedings.

  17. Membership Terms

    AUTOMATIC RENEWAL TERMS: Memberships may be subject to a minimum term, and Memberships will renew automatically upon expiration of the applicable Membership term for additional terms of the same length unless cancelled by you in accordance with these Terms and Conditions.

    From time to time, we may offer different Memberships, and the fees and terms for such Memberships may vary. We sometimes offer other promotional memberships, which are subject to these Terms and Conditions except as otherwise stated in the applicable Membership Terms.

    Memberships may not be shared or used by more than one person under the same Membership, and any access credentials (such as a username or password) may not be disclosed to or used by another person other than you.

    Cancelling Your Membership

  18. Newly Purchased Memberships

    You may cancel a newly-purchased Membership at any time within 14 days beginning on the day after you purchased the Membership (“Cooling-off Period”) in the ‘My Membership’ section of your account.

    We reserve the right to deduct from your refund the reasonable cost of providing the Membership to you.

  19. Annual Membership

    Your annual membership can be cancelled by you at any time and will take effect at the end of your current membership term once your notice to terminate has been given. Additionally, you can also cancel a renewed annual membership within 14 days of your renewal date (“Renewal Cancellation Period”) and the full fee for the renewed year will be refunded to you. Simply follow the cancellation process in the My Membership section of your account. Subject to Section 21, no refund will be provided for a Membership that is cancelled after the Cooling-Off Period unless cancelled within a Renewal Cancellation Period.

  20. Rejoining Following Cancellation

    If you wish to purchase a new Membership following cancellation, this is at our sole discretion.

  21. Changes To Your Membership Terms

    Where we need to change your terms of Membership, we shall notify you by email. If such changes are material, we shall give you the option to cancel your Membership and receive a pro-rota refund for the time remaining on your Membership.