TERMS AND CONDITIONS OF TRADING
These Terms (as hereinafter defined) represent the entire agreement between you, as our Client, (hereinafter referred to as “you” below and throughout these Terms) and Vetswap Ltd. Vetswap Ltd is a company incorporated in Scotland (Company No: SC474911) and we have our Registered Office at 11 Kilmaron Loan, Dundee, DD5 3TD.
1.Definition of Terms Used
“Client”means a client of Vetswap Ltd who is a qualified vet and wishes to swap jobs with a qualified vet in another country;
“Contract”means the contract for the provision of services formed between us once you have completed the Registration Process and we have sent you a Registration Confirmation;
“Data”means such information and personal details supplied by you during the Registration Process in accordance with Clause 2 of these Terms;
“Registration Process”means the registration system which you will access via our Website and complete in order to register for the Services;
“Services”means the facilitation by us of an exchange of veterinary jobs between you and another Client in different countries within the Territory and facilitated by us;
“Services Payment”means a payment made by you to us when we arrange a Swap and you receive our Swap Invoice;
“Swap”means a successfully negotiated exchange by us between you and another Client;
“Swap Country”means the country which you will be working in as part of the Swap;
“Swap Fee”means the fee which will be payable by you to us on the successful arrangement of a Swap;
“Swap Invoice”means the invoice sent to you by email detailing the Swap Fee;
“Terms”means these terms and conditions and any amendment or variation thereto;
“Territory”for the time being, the scope of our Services is limited between United Kingdom and the Republic of Ireland and Australia and New Zealand.
“Unforeseen Event”means where the Services cannot be offered because of any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
“Website”means the website owned and operated by us http://www.vetswap.net.
Except where the context otherwise requires, words denoting the singular include the plural and vice versa, words denoting any gender include all genders, words denoting persons include firms, incorporations and vice versa and in the case of partnership, words denoting the Licensee shall apply to each of the partners of the partnership jointly and severally.
Where under any of the provisions of this Agreement our consent or approval is required to be given or obtained, such consent or approval must be in writing and signed by a director or duly authorised official of Vetswap Ltd in order for it to be effective and binding.
2.1.You may only enter into an agreement with us for the provision of the Services if you are at least 21 years old.
2.2.You will complete the Registration Process on our Website
2.3.Our Registration Process allows you to check and amend any errors before completing the Registration Process.
2.4.Please take the time to read and check your registration details during the Registration Process
2.5.After you complete the registration, you will receive an e-mail from us acknowledging that we have received your request to register for our Services. However, please note that this does not mean that your registration request has been accepted. Our acceptance of your registration request will take place as described below in Clause 2.6.
2.6.We will confirm our acceptance of your registration request to you by sending you an e-mail (“Registration Confirmation”). The Contract between us will only be formed when we send you the Registration Confirmation.
2.7.Please read these Terms carefully and make sure that you understand them, before signing up them. You should print a copy of these Terms or save them to your computer for future reference.
3.Formation of the Contract
As part of the Registration Process, you will be asked to accept these Terms and Conditions. By checking the tick box and by completing the Registration Process, you agree to be bound by these Terms and Conditions and accept that a contract has been formed between us.
4.Our right to vary these terms
4.1.We reserve the right to amend or revise these Terms from time to time.
4.2.Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
5.Your cancellation and refund rights
0.1.You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in Clause 5.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to use the Services, you can notify us of your decision to cancel the Contract. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
0.1.However, this cancellation right does not apply if you agree to the Services starting before the end of the period set out below in clause 5.3.
0.1.Your legal right to cancel the Contract starts from the date of the Registration Confirmation, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Registration Confirmation (“the Cooling Off Period”). Working days means that Saturdays, Sundays or public holidays are not included in the Cooling Off Period.
0.1.To cancel the Contract within the Cooling off Period, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records.
0.1.As you will not have paid us anything within the Cooling Off Period, no refund will be payable but your personal details will be removed from our systems.
0.1.Once we have begun to provide the Services to you, either before the end of the Cooling Off Period, or after the end of the Cooling Off Period, you may cancel the Contract with immediate effect by giving us written notice if:
- (a)We break the Contract in any material way and we do not correct or fix the situation within  days of you asking us to in writing;
- (b)We go into liquidation or a receiver or an administrator is appointed over our assets; and
- (c)We are affected by an Unforeseen Event (“as hereinafter defined”).
5.7.For the avoidance of doubt, if you have paid the Swap Fee and then decide to cancel outside the Cooling Off period, you will not be entitled to a refund and we will be entitled to arrange for someone else to take your place in the Swap.
6.Our cancellation rights
6.1.We may have to cancel your registration before the start date for the Services, due to an Unforeseen Event or the unavailability of key personnel without which we cannot provide the Services. We will promptly contact you if this happens.
6.2.If we have to cancel your registration and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
6.3.Once we have begun to provide the Services to you, we may cancel the Contract and your registration at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
6.4.We may cancel the Contract and your registration at any time with immediate effect by giving you written notice if:
- (a)you do not pay us any payment due under this Contract. This does not affect our right to charge you interest under Clause 9.4; or
- (b)you break the Contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
7.1.We will supply the Services to you from the date you receive the Registration Confirmation until a Swap is arranged for you.
7.2.We may have to suspend the Services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the Services.
8.If there is a problem with the Services
As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.Price and payment
9.1.1.In advance of finalising the Swap, we will notify you of our Swap Fee for performance of the Services.
9.1.2.By accepting the services and finalising a Swap, you agree to pay us the Swap Fee which will be detailed to you.
9.2.Our fees include VAT. However, if the rate of VAT changes between the date of the registration request and the date of commencement of performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
9.3.Applicable fees will be invoiced and sent to you by email. Your rights to a refund on cancellation are set out in Clause 5. You must pay each invoice due in cleared monies within 7 calendar days of the date of invoice by bank transfer.
9.4.If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.5.However, if you dispute an invoice in good faith and contact us to let know promptly after you have received an invoice that you dispute it, Clause 9.4 will not apply for the period of the dispute.
10.1.Nothing in these Terms will limit or exclude our liability for fraud or fraudulent misrepresentation.
10.2.Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in delict, breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a)any loss of profits, sales, business, or revenue;
- (b)loss or corruption of data, information or software;
- (c)loss of business opportunity;
- (d)loss of anticipated savings;
- (e)loss of goodwill; or
- (f)any indirect or consequential loss.
10.3.Subject to clause 10.1 and clause 10.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, delict, breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Swap Fee.
10.4.Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
10.5.You acknowledge that the extent of the Services is to introduce parties in respect of job swaps and to facilitate communication in respect thereof. We offer no guarantee and make no warranty as to the likelihood of you finding a suitable match leading to a successful swap. Moreover, we cannot verify the existence, suitability or condition of any of the information on our Website.
10.6.For the avoidance of doubt, Vetswap cannot be held liable under any circumstances for the ability or performance of any party to the swap. Vetswap’s responsibility and liability starts and ends with the facilitation of the swap between two willing parties.
11.Registration with the Local Veterinary Board
11.1.It is your responsibility to ensure that you are registered with the appropriate Local Veterinary Board in the Swap Country that you will be working in.
11.2.We can provide you with names of the authorities and some guidance in relation to such registration and links can be found on the Website. However, for the avoidance of doubt, we are not accepting any liability for you being properly registered for the Swap.
12.Visas for Working Abroad
12.1.It is your responsibility to arrange your Visa for working abroad in the Swap Country
12.2.We can provide you with guidance in relation to obtaining Visas and links can be found on the Website for the same. However, for the avoidance of doubt, we are not accepting any liability for you having obtained a Visa for the Swap.
13.Events outside our control
13.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Unforeseen Event.
13.2.If an Unforeseen Event takes place that affects the performance of our obligations under the Contract:
- (a)we will contact you as soon as reasonably possible to notify you; and
- (a)our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Unforeseen Event. Where the Unforeseen Event affects our performance of Services to you, we will restart the Services as soon as reasonably practicable after the Unforeseen Event is over.
13.3.You may cancel the Contract if an Unforeseen Event takes place and you no longer wish us to provide the Services. Please see your cancellation rights under Clause 5. We will only cancel the Contract if the Unforeseen Event continues for longer than 4 weeks in accordance with our cancellation rights in Clause 5.
14.Communications between us
14.1.When we refer, in these Terms, to "in writing", this will include e-mail.
14.2.If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org will confirm receipt of this by contacting you in writing, normally by e-mail.
14.3.If you have any questions or if you have any complaints, please contact us. You can contact us by or by e-mailing us at email@example.com.
14.4.If we have to contact you or give you notice in writing, we will do so by e-mail.
15.1.We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
15.2.You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3.The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4.By agreeing to these Terms, you are accepting any Swap must go through us and you will not attempt to arrange anything independently through use of our contacts and database.
15.5.Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7.These Terms are governed by Scots law. This means a Contract for the registration of Services through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. The jurisdiction of the Scottish courts is hereby prorogated.
We take all reasonable effort to test material before placing on our Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
17.Data Use and Data Protection
18.Use of our Website
Your use of our Website is governed by our Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
19.How we use your personal information
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