The following Terms and Conditions (these "Terms") govern your access to and use of the Pawviva Program (as that term is defined below), a program of ACS 247 LTD. (“ACS”), via our e-health platform. In consideration of your right to access and use the Program, you accept and agree to these Terms, without variation.
IMPORTANT! YOUR ACCESS TO THE PROGRAM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE PROGRAM IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE PROGRAM.
As used in these Terms, "you" means (and "your" refers to) the Program Participant (as that term is defined below), "we" means (and "us", "our", and "ours" refer to) ACS, and "Program" means ACS’s e-health platform and its branded programs (including, but not limited to, Pawviva). Each branded Program of ACS provides Program Participants an opportunity to achieve desired health outcomes by accessing our network of curated service providers through the Program. The Program uses electronic methods, a network of service providers (each, a "Provider"), and care coordinators (individually, a "CC", and collectively "CCs") to facilitate obtaining new and continuation of Treatment Plan(s) (as that term is defined below) and related health services or other products that members of the Program request from time to time. Each individual who is accepted for enrollment in the Program pursuant to the terms and provisions of these Terms is referred to as a "Program Participant", with all of such individuals being referred to collectively as "Program Participants".
The Program enables Program Participants to receive access to our Providers, including individual:
- Veterinarians (each, a "Veterinarian") authorized to issue Treatment Plans, which may contain Prescriptions ( directing that a stated amount of a drug be dispensed for the Program Participant's pet, and "Prescription Medication" means a drug dispensed pursuant to a Prescription) and non-Prescriptions;
- Other providers of pet healthcare or related services; and
- Pharmacists of pharmacies.
Through the Program, you can access several services from us or Providers (as the case may be), including:
- Receiving information about your pet's Treatment Plan;
- All-inclusive pricing for your pet's Treatment Plan;
- Facilitating purchases of electronic vouchers (each, a "Voucher") which entitle you to acquire your pet's Treatment Plan and the products and services which form a part thereof, from Providers, including brand name or generic products.
- Telecommunication technology to access Providers and/or to manage Treatment Plans;
- Gathering of pet healthcare records and information with retention of the same for use in Provider appointments, communications, telemedicine, and pharmacy services;
- Administrative support in connection with scheduling, payment for Provider services, and payment for pharmacy services;
- An electronic clinical or therapeutic review (collectively referred to as "telemedicine") to approve, review, renew, or issue a desired Treatment Plan;
- Telecommunications support for using the Program as a means of direct access to auxiliary or affiliated professional entities for communication, consultations, assessments, and treatment by such organizations and their Providers;
- Access to delivery of products and services made available pursuant to your pet's Treatment Plan, including tracking, as made available by Providers;
- Automated status updates and subscription refill reminders for Treatment Plans;
- Enrollment in the Program on a continuous basis, but subject to free cancellation by the Program Participant;
- The ability to self-monitor and adjust pet's Treatment Plan subscriptions from time to time.
THE PROGRAM DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY VETERINARIAN. IF YOUR PET HAS A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR CONTACT YOUR VETERINARIAN. PAYMENT FOR A TREATMENT PLAN OR PRODUCT VOUCHER DOES NOT GUARANTEE THAT A PROVIDER WILL APPROVE YOUR PET FOR ANY PARTICULAR PRODUCTS OR SERVICES. DELIVERY AND SHIPPING IS THE RESPONSIBILITY OF THE PROVIDERS. WE DO NOT SHIP OR DELIVER ANY PRODUCTS OR SERVICES.
PLEASE NOTE THAT THERE IS A LIMITED POWER OF ATTORNEY IN THESE TERMS.
Among other things, it authorizes us to (where necessary):
- secure and submit the prepaid Voucher for your Treatment Plan via the Program;
- deal directly with your Prescriber or other health care providers, to obtain a Treatment Plan or refer you to one; and
- if you choose to have products which form part of your Treatment Plan picked up and delivered to you from a pharmacy, to appoint a third party such as a courier to act as your agent for the purposes of taking possession of your order at the pharmacy and then delivering it to the address you supplied.
IN ADDITION, THERE ARE TERMS AND PROVISIONS WITHIN THESE TERMS THAT LIMIT OUR LIABILITY TO YOU, PROVIDE FOR AN INDEMNITY IN OUR FAVOUR, AND INCLUDE YOUR AGREEMENT TO SETTLE DISPUTES IN A PARTICULAR JURISDICTION (AND WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION). AGAIN, PLEASE DO NOT ENROLL IN THE PROGRAM OR USE ANY OF OUR SERVICES, IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS.
- Any individual may apply for enrollment in the Pawviva Program and, if accepted, will become a Program Participant.
- Program Participants may purchase Vouchers for Treatment Plans from one or more Providers through the Program, using Pawviva's digital telecommunication services, either directly or with the assistance of a Pawviva Care Coordinator (CC). CCs will help Program Participants facilitate their purchases of Treatment Plans, including obtaining and transmitting the necessary information to the Provider.
- When a Program Participant contacts a CC, they will be provided with the cost of all aspects of the Treatment Plan available from each Provider. A single, all-inclusive price will be quoted, covering the cost of the products and services forming part of the Treatment Plan, as well as any associated charges. Upon receipt of payment, Pawviva will allocate the funds accordingly. Treatment Plan offerings and pricing are subject to change at the discretion of Pawviva.
- Payments made to Pawviva will result in the issuance of a non-refundable Voucher, which can be used to secure the products and services included in the Treatment Plan. The Voucher is applied towards the costs of fulfilling the order.
- Each Voucher is specific to a Provider. In the event that a Program Participant is ineligible for the selected Treatment Plan or if the order cannot be fulfilled, a refund will be issued within 7-10 business days. All sales are otherwise final and non-refundable.
- Vouchers will be issued and submitted for fulfillment and, if applicable, delivery, based on the Program Participant's selection and instructions through the Program.
- The payment card or account provided may be processed for the full balance of the Treatment Plan, even if payments for Vouchers are scheduled for a later time.
- Vouchers will be issued and fulfilled according to the agreed-upon schedule, and charges will be applied accordingly.
- The Pawviva Program may offer a "Continuous Enrollment" subscription model, automating the refill schedule and providing timely reminders for Program Participants to pause, adjust, or cancel their Treatment Plan as needed.
- The Program also provides access to auxiliary concierge services to assist Program Participants with navigating, coordinating, and accessing provisions of care.
- Access to certain services and information requires enrollment.
- Enrollment in the Pawviva Program is subject to criteria established by ACS, which may change at ACS's sole discretion without notice. Meeting the criteria is necessary to become a Program Participant, although not all applicants may qualify.
- Each applicant seeking a Treatment Plan will undergo evaluation or re-evaluation by a Provider, who will exercise their professional judgment to confirm the appropriateness of the Treatment Plan and assess clinical criteria for Program participation, including the use of Prescription Medication. This evaluation may be conducted by electronic review, via telemedicine, or in-person appointment.
- Individuals deemed eligible for enrollment will receive a unique ACS Program Participant ID (the "ID") in a format determined by ACS. The ID grants access to your Account. However, possessing an ID does not guarantee continued acceptance as a Program Participant. By using the services provided to Program Participants, you confirm your status as a Program Participant.
Program Participant Obligations
- Participation in the Program is voluntary and at your own risk.
- You agree to maintain the confidentiality of your ID, username, and password.
- You agree to use your Account for your personal use only
- ACS reserves the right to terminate the Program or your participation in it at any time.
- You will comply with these Terms. Failure to comply may result in your ineligibility to participate or continue to participate in the Program.
- You consent to receive disclosures, notices, messages, reports, reminders, and other communications from ACS, ACS affiliates, or Providers via text, email, mail, and/or voice messages. It is your responsibility to monitor these communications.
- Your participation in the Program does not create a partnership, joint venture, or principal agency relationship between you and ACS.
Power of Attorney
- I hereby name and authorize ACS and any NSPs supplying products that form part of my Treatment Plan,
as my agent and attorney, for the limited purpose of taking necessary steps, transmitting data, and
signing related documents on my behalf. This includes, but is not limited to:
- Appointing a third party, such as a courier or postal service, to act as my agent for the purpose of taking possession of the products I have ordered for my treatment plan from the pharmacy and delivering them to my address.
- In cases where a Prescription requires issuance, re-writing, or co-signing by a physician licensed in the jurisdiction where the NSP operates, taking necessary steps on my behalf to contact the physician and convey relevant information for their review, including health information, Treatment Plan and product order history, Prescription(s), and my contact information.
- ACS and the NSPs have the same authority in this regard as if I were personally present, taking those steps and signing those documents myself.
- This power of attorney is coupled with an interest and irrevocable during my time as a Program Participant.
Me and My Medication Treatment Plan
- I represent and warrant to ACS that:
- I am of legal age and not restricted from making my own medical decisions.
- I will be the sole user of the products I order as part of my Treatment Plan.
- I will use ordered products as directed.
- I am financially responsible for all Treatment Plan products and services I order.
- I will not seek reimbursement from any healthcare programs or insurance for the costs of the products in my Treatment Plan.
- I acknowledge and agree that I cannot return the Treatment Plan, including any products or services, or any Prescription Medication I order for exchange or refund.
- I agree to pay all fees due for the products that form part of my pet’s Treatment Plan and for which I have requested a Voucher. To facilitate the collection of fees, I authorize ACS, our affiliates, or our third-party payment processors to charge the amount due. I agree to pay the total amount according to the terms and conditions of my card issuer or ACH bank agreement.
- I understand and agree that if my order includes a Voucher, including a subscription for continuous enrollment, I will be charged for the Treatment Plan according to the terms and conditions of my subscription.
- As I have enrolled in the Program and initiated the request for products that form part of my Treatment Plan, I authorize ACS to electronically debit or credit my Account. This ACH Authorization will remain in effect until I provide written notice of at least 7 business days, or notify ACS by email or telephone, to revoke the ACH Authorization. For one-off future debits, the timing and amount of debit will be granted on a case-by-case basis with my authorization by telephone or other online electronic confirmation. In cases where I subscribe to a recurring Treatment Plan or product, I will confirm my verbal authorization with a written online confirmation.
- I authorize ACS to electronically debit or credit my credit card or other payment card each time I order a product or products that form part of my Treatment Plan. In cases where I subscribe to a recurring Treatment Plan or product, I will confirm my verbal authorization and provide electronic confirmation when required.
- Whenever possible, Prescription Medication that I order will be in the original manufacturer's packaging, images are for illustrative purposes. You acknowledge and accept that the actual packaging may vary depending upon the NSP.
- Habit-forming, narcotic, or controlled Prescription Medications are not available from our NSPs under the Program.
- Prescribers and NSPs reserve the right to deny services.
- The sale and provision of services to me take place in the jurisdiction where the fulfilling NSP operates. I become the owner of the products included in my Treatment Plan when the NSP places them in a container or completes the necessary steps for my use. I am responsible for personally importing the products to my address, including any associated import or duty fees. Transportation of the products is carried out by me or someone acting as my agent, and ACS and its affiliates are not responsible for any loss, damage, or delivery failure of the products.
- The pharmacists, contracted physicians, and NSPs are licensed and operate in various jurisdictions. All treatment received from these professionals is considered to be received in the jurisdiction where they are licensed or physically located.
- The Program Participant acknowledges that they become the owner of the products included in their Treatment Plan or receive the services in the jurisdiction where the NSP is licensed or physically located. If any product crosses a territory, state, provincial, or country border, the Program Participant is responsible for any duty, taxes, customs fees, or issues related to the entry of the products.
- YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM, INCLUDING PRODUCTS INCLUDED IN YOUR TREATMENT PLAN, IS AT YOUR OWN RISK. THE PROGRAM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROGRAM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- EXCEPT AS SET OUT HEREIN, WE HAVE NO RESPONSIBILITY TO REVIEW OR PRE-SCREEN ANY PROVIDER MADE AVAILABLE THROUGH THE PROGRAM, OR THE CREDENTIALS OR QUALIFICATIONS OF ANY SUCH PROVIDER.
- EXCEPT FOR PRODUCTS AND SERVICES DELIVERED THROUGH THE PROGRAM AS PART OF YOUR TREATMENT PLAN, WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY PROVIDER. THEREFORE, WE HAVE NO RESPONSIBILITY AS REGARDS: (A) THE PRODUCTS AND SERVICES YOU RECEIVE FROM PROVIDERS; (B) YOUR INTERACTION WITH ANY PROVIDER; (C) ANY TRANSACTIONS YOU ENTER INTO OR ATTEMPT TO ENTER INTO WITH ANY PROVIDER; OR (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES IN RESPECT OF SUCH TRANSACTIONS. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.
- There are inherent risks in telemedicine, and by participating in the Program, you acknowledge and accept these risks.
- The Program is not an insurance plan.
- The Program is primarily designed for individuals pets using maintenance medications for the prevention of common conditions.
- ACS is not a pharmacy or medical professional. While we take reasonable steps to ensure that NSPs are licensed under the laws of the jurisdiction where they operate, ACS is not responsible for any errors or omissions made by the NSPs or other Providers.
- ACS does not provide medical services or products directly. We provide an e-health platform to access Providers and their products or services. Providers exercise their professional discretion in performing their duties, including Prescribers who determine the appropriateness of a Prescription request and the level of investigation and dialogue with the Program Participant. The parties acknowledge that these matters are under the sole control of the Providers, and we do not influence or control the performance of these activities.
- Due to legal restrictions or scarcity, there may be situations where a product included in your Treatment Plan is unavailable for ordering.
Release and Disputes
- I acknowledge that all aspects of my relationship with ACS, any agreements or contracts formed, and any medical or healthcare treatment I receive from Providers under my Treatment Plan are deemed to be made in the Province of Manitoba. Therefore, the laws of the Province of Manitoba govern these agreements and contracts. I understand that I benefit from these laws by engaging ACS to arrange for my orders to be filled.
- Any dispute between me and ACS, its affiliates, Providers, subsidiaries, officers, directors, shareholders, employees, or agents, including their assigns, successors, legal representatives, and heirs, shall be subject to the exclusive jurisdiction of the courts of the Province of Manitoba. This includes claims of negligence or malpractice. No action or claim may be brought more than one year after I receive the product(s) included in my Treatment Plan.
- The dispute settlement provisions mentioned in these Terms shall remain in effect even if these Terms are deemed invalid, in whole or in part.
- UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FROM US ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THESE TERMS, WHETHER FUNDAMENTAL OR OTHERWISE; (B) ANY NEGLIGENCE, ACTS, OR OMISSIONS ON OUR PART; (C) ANY PROVISION, DUTY, OR REQUIREMENT OF ANY STATUTE; (D) THE CONDUCT OF ANY PROVIDER; (E) ANY MISDIRECTED OR LOST DATA OR UNAUTHORIZED ACCESS TO DATA; OR (F) ANY DUTY AT LAW OR IN EQUITY.
- UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF, RELATED TO, OR CAUSED BY THESE TERMS OR YOUR USE OF PRODUCTS INCLUDED IN YOUR TREATMENT PLAN EXCEED THE LESSER OF: (X) THE ACTUAL DIRECT DAMAGES YOU SUFFER; (Y) THE AMOUNT ACTUALLY PAID BY YOU TO US WITHIN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM; OR (Z) $1,000. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY REFLECT THE RISK ALLOCATION SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT SUCH LIMITATIONS.
- YOU RELEASE, REMISE, ACQUIT, AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS, AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE, TORT, AT LAW OR IN EQUITY, BY STATUTE, OR OTHERWISE, ARISING FROM YOUR USE OF OR OUR OPERATION OF THE PROGRAM.
- YOU AGREE TO INDEMNIFY, SAVE, AND HOLD US HARMLESS FROM ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED, OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST, AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER INITIATED OR PRESENTED BY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PROGRAM. YOU ALSO AGREE TO PAY ALL COSTS, FEES, AND EXPENSES INCURRED BY US, INCLUDING LEGAL FEES, ON A SOLICITOR AND OWN CLIENT BASIS, RELATED TO YOUR USE OF THE PROGRAM.
- PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY. THEREFORE, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS STATED IN THIS "RELEASE & DISPUTES" SECTION MAY NOT APPLY TO YOU. FOR THE PURPOSE OF THIS SECTION, THE TERMS "WE," "US," AND "OUR" INCLUDE OUR AFFILIATES, AS WELL AS OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS.
Returns and Refunds
All sales are FINAL and NON-REFUNDABLE since Pawviva cannot legally accept or restock orders that are cancelled or refused after they have left a Network pharmacy.
You can always contact us for questions at email@example.com.
Damages and Issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Our policy guarantees the arrival of your order within 30 days upon receipt of all the documentation necessary to fill your order. However the average shipping time through our Global Network is about 10-14 days.
Once we receive all required Member information, orders typically are shipped within 48-72 hours. If an order is not received within 30 days we consider it lost by the post office and will replace it, hassle-free, at no charge to you, guaranteed.
All orders are shipped by the standard post carriers of each country has in our network. Inside the U.S.A., all parcels are delivered by U.S.P.S.
- These Terms do not create any agency, partnership, joint venture, or employment relationship between ACS and myself.
- The headings in these Terms are for convenience only and shall not affect the interpretation of the provisions.
- These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement.
- Any notice or communication required or permitted to be given under these Terms shall be in writing and delivered personally, sent by registered mail, or sent by email to the respective addresses provided by the parties.
- These Terms shall be binding upon and ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
- I represent that I have read and understood these Terms, and I voluntarily agree to be bound by them.
- I understand that by participating in the Program and accepting these Terms, I am entering into a legally binding agreement.
- These Terms may be amended or modified by ACS at any time in its sole discretion, and any such amendments or modifications shall be effective upon notice to me.
- The English version of these Terms shall prevail over any translations in the event of any inconsistencies or discrepancies.
- These Terms are intended to be for the benefit of ACS and myself and are not intended to confer any rights or benefits upon any third party.
- The obligations and rights contained in these Terms shall continue to apply even after the termination or expiration of the Program or my participation in the Program.
- In the event of any conflict or inconsistency between these Terms and any other agreements or policies related to the Program, these Terms shall prevail.
- These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba, Canada, without regard to its conflict of laws provisions.