Vet&Nurse Scheme Terms

August 2020

The terms of this agreement (‘Agreement’) apply between you (the ‘Practice’) and Pitpatpet Ltd, a company incorporated under English law, registered number 09199537, having its registered office at 75 The Belvedere, Homerton Street, Cambridge, CB2 0NU (the “Seller”).

The Seller sells a dog activity monitor known as PitPat (the “Product”).

The Practice is a veterinary practice in the United Kingdom, established as a limited company, partnership or part of a group, and has a dog-owning client base (the “Practice Audience”).

The Seller has a promotional scheme for veterinary practices (the “Vet&Nurse Scheme”), where practices earn rewards (“Rewards”) for successfully promoting the Product to their dog-owning clients. The Practice wishes to join the Vet&Nurse Scheme and if accepted onto the Vet&Nurse Scheme by the Seller, these are the terms which will apply.

1. The Seller will issue the Practice with a unique Promotional Code that gives the Practice Audience £5.00 (inc VAT) off the Product when purchased through the Seller’s website (www.pitpat.com) for the duration of the Agreement. The Promotional Code cannot be used in conjunction with any other offer on the Seller’s website.
2. The Practice will market and promote the Promotional Code only to the Practice Audience that the Practice considers eligible, taking into account all relevant data protection legislation and the Practice’s own business interests.
3. For every sale of the Product that is made by the Seller to the Practice Audience that uses the Promotional Code and which is not returned under the Seller’s return policy (a “Qualifying Sale”), the Practice will earn a single credit (a “Credit”) that can be used towards Vet&Nurse Scheme Rewards. The Promotional Code must be added by the purchaser at the time of sale of the Product and cannot be retrospectively added. Within 30 days of the end of each month, the Seller will provide a report to the Practice on all Qualifying Sales and Credits earnt by the Practice in that month.
4. 4.1 The Practice will be able to exchange Credits for Rewards, as listed on www.pitpat.com/vetnurse-scheme/rewards from time to time. No substitutions or modifications are permitted.
   4.2 To claim a Reward, the Practice should complete the following form. The Seller will take the completion of this form as the full authority needed to exchange the Credits for the Reward chosen and to dispatch the Reward to the address the Practice gave when registering for the Vet&Nurse Scheme (a “Claimed Reward”). The Seller aims to organise the delivery of a Claimed Reward to the Practice within 30 days. In the event a Claimed Reward is no longer available, the Seller will refund the Credits used and write to the Practice with the options for other Rewards. No returns or refunds will be given on a Claimed Reward for any other reason.
   4.3 The Seller does not guarantee the ongoing availability of any Reward and it is expected that the Rewards offered will change from time to time.
   4.4 The Seller makes no representation as to the fitness, specification or suitability of any Reward for any purpose whatsoever. Title of a Claimed Reward shall pass to the Practice on delivery and any warranty or customer support will be between the manufacturer or underlying supplier of the Reward and the Practice, not the Seller.
   4.5 Credits cannot be bought, sold, traded or transferred to another party. If a Credit is not used within a three year period (from the date of being earnt) it will automatically expire
5. The Seller may provide the Practice with samples, images, logos or descriptions of the Product (the “Product Marketing Materials”) for use in marketing and promoting the Promotional Code. The Seller maintains all rights to Product Marketing Materials and the Practice must only use them for the purposes of this Agreement. The Practice must follow the Seller’s instructions for their use of the Product Marketing Materials and any associated marketing descriptions including but not limited to the Seller’s brand guidelines. The Practice must fairly and accurately represent the Product and must not, under any circumstances make the Promotional Code available outside of the Practice Audience, including but not limited to voucher code websites.
6. The Seller shall comply with all applicable laws and regulations in dealing with, and making sales of the Product to the Practice Audience. The Seller shall provide customer support to and otherwise deal with the Practice Audience on the same basis as any other retail purchasers of the Product through the Seller’s Website.
7. The Practice must not use the Promotional Code themselves to buy and resell the Product.
8. Neither party makes any guarantee, representation or warranty that any sales of the Product will be made by the Practice.
9. The Practice is solely responsible for ensuring the terms of the Vet&Nurse Scheme comply with their company and group policies and that their employees, staff and directors follow such policies. The Practice is fully responsible for any tax liability whatsoever arising from or made in connection with this Agreement.
10. This Agreement is non-exclusive. Either party may enter into similar arrangements with third parties.
11. Each party will comply with the obligations placed upon it by applicable data protection laws, including the Data Protection Act 2018.
12. Nothing in this Agreement will limit or exclude either party’s liability (i) for death or personal injury caused by its negligence or (ii) for fraud or fraudulent misrepresentation.
13. 13.1 The Agreement will run on a rolling monthly basis. Either party may terminate this Agreement with 14 days notice. The Seller may terminate this Agreement immediately if it reasonably believes the Practice is not respecting the brand values of the Seller, is behaving in a way which could bring either party into disrepute or is not following the terms of this Agreement.
    13.2 On termination, the Practice must cease marketing and promoting the Product and Promotional Code and the Seller will cancel the Promotional Code. The Practice will be given 14 days to exchange any remaining valid Credits for Rewards. If Credits are not exchanged within this 14 day period they will automatically expire and become null and void.
14. The Seller may alter the terms of the Vet&Nurse Scheme at any time, including but not limited to the discount the Promotional Code provides and the Rewards. In the event of such alterations we will endeavour to maintain or improve the general appeal of the Vet&Nurse Scheme. However, if any such alteration materially reduces the value to the Practice, the Practice shall have the right to terminate this Agreement immediately.
15. The following miscellaneous terms also apply:
    15.1 This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
    15.2 No amendment or variation of this Agreement shall be effective unless it is in writing and signed by the parties or their authorised representatives.
    15.3 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.
    15.4 The provisions of this Agreement will be severable in the event that any of the provisions hereof are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, and the remaining provisions will remain enforceable to the fullest extent permitted by law.
    15.5 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.

Any enquiries or notices should be directed to [email protected]