Terms of Membership to Pet Health Club™
Terms of Membership to Pet Health Club™
Terms of Subscription to Pet Health ClubTM
1. Terms and Conditions
1.1 What these terms and conditions cover. These are the terms and conditions (the “Terms”) on which you may join and use Pet Health ClubTM . These Terms include important information - please read them carefully. We recommend that you print and retain a copy of these Terms for future reference. By completing and submitting your application to become a member of Pet Health ClubTM, you confirm that you are the legal owner of the pet(s) listed on your application and that you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not join or use Pet Health ClubTM.
2. Information about us and how to contact us
2.1 Contracting Party
Your contract under these Terms is with the legal entity listed in Schedule “A” – Contracting Parties that corresponds to the province in which you reside. Your billing address determines your province for this purpose.
2.2 How to contact us. You can contact our Customer Support Team by post, email or telephone as follows:
Address | Pet Health ClubTM, 7000 Pine Valley Drive, Suite 201 Woodbridge, ON L4L 4Y8 |
Phone | 905-850-6073 |
2.3 How we may contact you. We may contact you by email, SMS, WhatsApp, post or phone call if we need to. Please note it is your responsibility to keep your contact details (such as email address, home address, and phone number) up to date throughout your subscription. If you don’t, you may miss important information about your subscription. If we contact you by email or text, we’ll treat you as notified as soon as the message is sent, provided we use the most recent details you’ve given us. We’re not responsible for any issues caused by incorrect or outdated contact details. Updating your details is easy - just contact our Customer Support Team or your registered practice.
3. Our contract with you
3.1 Pet Health ClubTM is only available for pets that are registered at a participating practice. A list of participating practices is available at www.pethealthclub.com/ca and may be updated from time to time. By signing up to this subscription, you confirm that you are at least 18 years old and that the pet you are registering is legally owned by you.
3.2 You can apply to join Pet Health ClubTM either in person at a participating practice or online at our website www.pethealthclub.com/ca. Your subscription with Pet Health ClubTM is a contract between you and us (not between you and the participating practice) and is subject to these Terms. That contract commences, and your subscription starts, when we confirm to you in writing that we have accepted your application and have received a cleared payment from you in respect of your first monthly subscription instalment.
3.3 You are responsible for registering your pet at a participating practice. Your registration with a participating practice is a contract between you and that practice (not between you and us) and is subject to their individual terms and conditions - please read such terms and conditions carefully before you agree to register with your chosen participating practice. If your pet is not registered at a participating practice, you must complete such registration within 30 days of receipt of our written acceptance of your application to join Pet Health ClubTM. We cannot guarantee that a participating practice will accept your registration.
3.4 If you jointly own your pet and your co-owner has registered them with the registered practice, we may, at our discretion, permit the co-owner (“registered owner”) to use the services and benefits of your Pet Health ClubTM subscription in relation to your pet. By signing up, you agree and authorise us to:
(a) make the services and benefits of your Pet Health ClubTM plan available to the registered owner for the benefit of your pet; and
(b) share relevant details of your subscription with the registered owner (including your subscription status and details of payments due) to the extent necessary for us to deliver the Pet Health ClubTM services and to manage and administer your subscription.
Use by the registered owner of your Pet Health ClubTM plan services and benefits will be subject to these terms. You will be responsible to us for ensuring their compliance with these terms together with any costs and charges arising in connection with their use of your Pet Health ClubTM plan services and benefits. If ownership of your pet changes, or if you no longer wish the registered owner to access the services and benefits of your Pet Health ClubTM plan, you must notify us as soon as possible. Upon receiving your notification, we will advise you of your available options, which may include transferring or cancelling your subscription, and we will inform you of any applicable costs or implications.
3.5 You are responsible for ensuring your pet attends your chosen veterinary practice regularly for health checks, vaccinations and parasite control and that you comply with the advice and treatment your veterinary practice prescribes. It is important to note that all pets are different and the veterinary practitioners in your registered practice will advise you what procedures your pet should and should not have. The veterinary practitioners will not take responsibility for any decisions you make contrary to their advice.
3.6 You are responsible for using your Pet Health ClubTM services and benefits. Please note that no refunds will be issued for any services or benefits that are unused during the term of your subscription, regardless of the reason. You should familiarise yourself with your registered practice's opening hours, booking procedures and cancellation policies, and ensure you comply with them. If you miss an appointment without cancelling in accordance with the relevant policy, your registered practice may treat that missed appointment as a redeemed service or benefit under your subscription.
4. About Pet Health ClubTM
4.1 Pet Health ClubTM is a preventative pet healthcare plan. It is not a pet insurance policy or intended to be a replacement for a pet insurance policy. Depending on your circumstances, you may wish to consider taking out appropriate pet insurance with a reputable insurer. We do not provide pet insurance or arrange pet insurance for our clients.
4.2 Your subscription is specific to your pet identified in your application and registered with the relevant participating practice. When you apply to join Pet Health ClubTM you will be asked to identify your pet and provide certain details. Your subscription is specific to that pet and cannot be used for any other pet or transferred to another pet.
4.3 The veterinary services and benefits that you will receive depend on your chosen plan. These are limited to the routine preventative healthcare treatments and discounts set out in the published details of the plan. On becoming a member of Pet Health ClubTM in accordance with these Terms, you will be entitled to receive the benefits and services listed at www.pethealthclub.com/ca (“PHC Benefits”) for the pet(s) named on your subscription application, which include core vaccinations, annual exams, and discounts on a variety of other veterinary services and pet food. Your subscription and PHC Benefits do not include any of the following:
4.3.1 The cost of consultations that may or may not precede clinical treatment;
4.3.2 Any treatment, drugs, medications or general health improvers (such as, but not limited to, vitamins or ‘nutraceuticals’) not expressly included in the published details of the plan available at www.pethealthclub.com/ca, including any products or services deemed clinically necessary by your chosen practice in the event of illness (short-term or long-term) or injury;
4.3.3 Treatment provided by your chosen practice outside of normal surgery hours and/or outside of the surgery;
4.3.4 Any treatment that continues after your subscription has been cancelled; and
4.3.5 Any food products (including, but not limited to, prescription and special dietary food), other than any discounts on pet food expressly included in your chosen plan.
4.4 Veterinary services under your subscription will be provided by your chosen practice. Your contract for the performance of veterinary services will be subject to a Veterinary-Client-Patient Relationship between you and your chosen practice and is subject to their terms and conditions - please read their terms carefully before you agree to receive services from them. Any issues relating to the care your animal receives will need to be resolved in accordance with the terms of that separate contract. You will not be required to pay the practice for those veterinary services covered under your Pet Health ClubTM subscription plan (up to any limits set out in your chosen plan and set out at pethealthclub.ca). You will only be responsible for paying your chosen practice directly for any veterinary services not included in your Pet Health ClubTM subscription plan. We may at our discretion agree to change your registered practice to another practice. If you are moving residences and wish to change your registered practice, please contact our Customer Support Team.
4.5 We may make changes to the veterinary services and benefits included under your Pet Health ClubTM subscription. We may do so either (i) annually upon the date of automatic renewal of the contract or (ii) at any time during the annual term of the contract. If the change we are making will remove or substantially reduce or change a service or benefit that was included in your plan, we will let you know at least 30 days before the change takes effect, or such longer period of time as may be required by law in the Province in which you reside. If you do not agree to the amendments to your Pet Health ClubTM subscription, you may end the contract by notifying us in writing at least 7 days before the date that the change is due to take effect pursuant to our written notice.
4.6 It is your responsibility to collect your PHC Benefits in accordance with these Terms and to let your relevant participating practice know that you are a member of Pet Health ClubTM prior to arranging any treatment or purchasing any goods covered by your PHC Benefits. No refunds will be issued where benefits have not been taken, received or utilised in full, nor may the payments be transferred to cover future periods. PHC Benefits are personal to you (and any registered owner permitted under clause 3.4) and the pet named on your subscription, have no cash or surrender value, cannot be exchanged or redeemed for cash or credit, and may not be sold, transferred, assigned or shared with any other person or pet.
5. Term of your subscription
5.1 Your subscription is an annual rolling contract. The price of your subscription is based on the provision of veterinary services and benefits over a 12-month period and will be billed at the rate of $29.99 per month (or approximately $360 per year if you elect annual pre-payments) for dogs and $24.99 per month (or approximately $300 per year if you choose annual pre-payments) for cats. Your subscription starts when we or the relevant practice confirm to you in writing via your welcome email that we have accepted your application to join Pet Health ClubTM (including receipt of the applicable payment from you under these Terms) and continues for a 12-month period and then automatically renews for successive 12-month periods (each 12-month period being referred to in these terms as a “contract year”).
5.2 Reminder Notices. You will receive a reminder in writing in respect of such auto-renewal no earlier than 90 days and no later than 30 days prior to the end of the relevant contract year advising that your contract is due for renewal, setting out any changes to the price or benefits of your plan that will apply in the next contract year and reminding you of your right not to renew. We will send this notification to the email address assigned to your subscription or, if no email address has been provided, to your postal address. If you do not want your subscription to automatically renew at the end of a contract year, you must let us know in writing at least 7 days in advance. If you:
do not expressly instruct us to end this contract (e.g. you do not respond to our notice); or
if you expressly ask us to renew the contract year, (in accordance with any instructions included within the notice),
your access to PHC Benefits will continue for a further period of 12 months and/or until such time as it is terminated by you or us in accordance with these Terms, and you will be obligated to continue to pay the applicable fee for the duration of the renewed contract term.
5.3 Renewal obligations. Please note that, for the avoidance of doubt, we are not under any obligation to renew our contract for further contract years, and where we do not propose continuing with PHC Benefits after the expiry of the relevant contract year, we will write to you informing you that this is the case, and your contract will end on the expiry of the relevant contract year.
5.4 Sometimes we may need to reject applications to join Pet Health ClubTM, for example, because we can't verify your payment details or identity or the relevant pet does not meet the eligibility requirements. When this happens, we will let you know as soon as possible and refund any sums you may have already paid.
6. Your rights to end your subscription
6.1 Ending your subscription during the “cooling off” period. Upon enrolling in Pet Health ClubTM, you may change your mind and cancel your subscription immediately within 14 days of the later of (a) the date that we send you your welcome email, letter or SMS confirming that we have accepted your application and (b) the date that you receive a copy of these Terms of Sale. If you cancel your subscription during the 14 day cooling-off period, we will take no further subscription fees AND we will refund any subscription fees that you have already paid. HOWEVER, please note that if you have used any PHC Benefits prior to us receiving notice of your cancellation, the following shall apply:
(a) if the value of the PHC Benefits that you have received during the cooling off period is less than the amount that you have already paid us for subscription fees since the start of your contract year, we will refund you the difference between the retail price of the PHC Benefits that you received and the subscription fees that you have paid; and
(b) if the value of the PHC Benefits that you have received during the cooling off period is more than the amount that you have already paid us in subscription fees for that contract year, we reserve the right to charge you, and you agree to pay, the amount by which the value of the PHC Benefits you received exceeds the subscription fees you have paid in that contract year.
For the purposes of this clause 6.1, the value of PHC Benefits received will be determined using the standard retail prices of the relevant services or goods at the participating practice that delivered the services or goods at the time they were received.
6.2 Ending your subscription if you are unable to register your pet with a participating practice within 30 days. You can end your subscription immediately if your pet is not registered at a participating practice and you are unable to do so within 30 days of receipt of the written confirmation of us accepting your application to join Pet Health ClubTM. We will take no further payments for the subscription and we will refund any subscription fees that you have already paid for that subscription.
6.3 Ending your subscription if you do not want it to automatically renew. If you do not want your subscription to automatically renew at the end of a contract year, you must let us know in writing at least 7 days before the end of that contract year as per paragraph 5.2 above.
6.4 Ending your subscription for other reasons. You can end your subscription at any time in the following circumstances by giving written notice:
(a) where your pet has died;
(b) if your registered practice closes permanently for more than two months during the term of your subscription and a suitable alternative practice is not available;
(c) we or your registered practice make(s) a substantial change to the nature or extent of the PHC Benefits and the change is detrimental to you or your pet and you notify us of your decision to end your subscription at least 7 days in advance of the change (Note: This right does not apply if the change is made to reflect a change in law or directives of a regulatory body that regulates any of the Contracting Parties of a participating practice, or is a minor, technical change such as a change in the practice's opening hours);
(d) we increase your monthly subscription fee part way through your then-current contract year;
(e) we make a substantial change to these terms or to the terms on which the registered practice provides veterinary services to you and that change is detrimental to you as the customer.
If you end your subscription in any of these circumstances, you won't pay any further monthly fees, and we will refund you the value of any prepaid amounts in respect of the months of subscription for that contract year which remain outstanding following the effective date of termination of your subscription. However, we will not refund any past subscription fees you paid prior to giving notice to terminate.
7. Consequences of ending your subscription
7.1 At the end of your subscription your contract with us will automatically terminate. You will no longer be entitled to any of the PHC Benefits which were included under your subscription.
7.2 When your subscription ends (for any reason) you have no further obligation to pay monthly payments BUT YOU MAY INCUR OTHER CHARGES depending on the reasons for and circumstances of your subscription terminating OR YOU MAY BE ENTITLED TO A REFUND of some amounts you have already paid as explained in paragraphs 6 and 9 of these Terms.
7.3 Ending of your subscription and your contract with us does not affect your registration and contract with your practice. You may still access veterinary services at your registered practice, including treatments which were previously covered by your Pet Health ClubTM subscription by paying the practice’s standard prices. Your rights to end your registration and contract with your practice depends on the terms of that contract.
8. How to end your subscription
8.1 You must tell us that you want to end your subscription by calling or giving written notice to the Customer Support Team or by email to your registered practice. The end of your subscription will take effect when we receive your request to cancel and we will contact you to acknowledge receipt and confirm the date the subscription ended. If you do not hear from us within a few days, please contact our Customer Support Team by email or telephone. When telling us you want to end your subscription, please provide your name, home address, details of your pet, details of your registered practice and, where available, your phone number and email address.
9. Our rights to end your subscription
9.1 Ending your subscription if you don’t or are unable to register your pet with a participating practice. We can end your subscription immediately if your pet is not registered at a participating practice and you don’t or are unable to do so within 30 days of us accepting your application to join Pet Health ClubTM. We will take no further payments for the subscription and we will refund any subscription fees that you have already paid for that subscription.
9.2 Ending your subscription because of something you have done or not done. We can end your subscription immediately at any time for any of the following reasons:
9.2.1 if the information that you provided to us on registration is inaccurate, incomplete or misleading;
9.2.2 if your pet ceases to be registered with your chosen practice (or alternative practice that we have approved under these terms) except where your pet has died;
9.2.3 if you breach (or, as explained in clause 3.4, if the person registered with the relevant practice as the owner of your pet breach) any of these Terms, including if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you in writing that payment is due;
9.2.4 if there are any amounts outstanding to your registered practice in relation to the pet which is the subject of the Pet Health ClubTM plan and these are not paid within 7 days of the practice’s reminder that payment is due;
9.2.5 if we have any reason to believe you are deliberately harming your pet through your actions or inactions. Please note that we may also notify the relevant authorities in this regard; or
9.2.6 if you engage in fraudulent, abusive or improper use of your subscription or the PHC Benefits (including any attempt to obtain benefits for a pet other than the pet named on your subscription), or engage in abusive, threatening or harassing conduct toward the staff of any participating practice or our Customer Support Team.
If we terminate your subscription for any of the above reasons in this paragraph 9.2, there will not be a refund due in terms of any subscription fees that you have already paid at such time and payment from you in respect of any outstanding amounts for the full contract year will remain due, such amounts representing a genuine pre-estimate of the price of the annual plan of benefits made available to you and not a penalty.
9.3 Ending your subscription in any other circumstances. We may end your subscription at any time for any other reason at our discretion. Should this be the case, we will notify you in writing no later than 30 days before the date of termination of the contract and your Pet Health ClubTM subscription. If we end your subscription for any other reason, we will refund you the value of any prepaid amounts in respect of the months of subscription for that contract year which remain outstanding following the effective date of termination of your subscription.
10. If there is a problem with the services
10.1 How to tell us about any problems in respect of your Pet Health ClubTM subscription. If you have any questions or complaints about your subscription, please contact our Customer Support Team.
10.2 How to tell us If you are unhappy with any aspect of your pet’s in-clinic veterinary care. If this is the case then please contact your practice directly. These Terms do not cover the provision of veterinary care, and you will have a separate contract with your local practice in addition to this contract. If a dispute cannot be resolved using your practice’s internal complaint handling procedure, your practice will let you know that it cannot settle the dispute with you and provide you with information about alternative dispute resolution methods.
10.3 How to tell us about problems with payments. If you have any questions or complaints about any payments under your subscription, you can contact our Customer Support Team.
11. Price and payment
11.1 Payment Requirements. You acknowledge and agree that you will be required to make your agreed payment(s) in respect of your Pet Health ClubTM subscription in accordance with these Terms and the prices posted on our website at www.pethealthclub.com/ca at the start of the contract year. All prices are provided in Canadian dollars and include all applicable fees, charges, and taxes. You will be shown the total price before completing the transaction. No additional charges will apply unless you explicitly agree to them in advance or as otherwise expressly provided in these Terms (including clauses 6.1, 7.2 and 11.4).
11.2 Annual payments. A one-off annual advance payment to the value shown on your plan for the full contract year may be taken at the time you submit your application to join Pet Health ClubTM. This payment must be made by credit card.
11.3 Monthly payments. Alternatively, you may pay the price for the relevant contract year of your subscription in advance in monthly instalments. You must pay the price for the first month to us by credit card when we accept your application. After that, we will send you an invoice on a monthly basis and bill the credit card that you provided when signing up for your Pet Health ClubTM subscription on a recurring monthly basis until your subscription ends in accordance with these Terms. By opting to pay your subscription price in monthly payments, you authorize us to bill your credit card on a monthly basis in accordance with these Terms.
11.4 If you elect to make monthly payments and such payments are not received within the required timeframe above, or the credit card that we have on file is declined or cannot be processed, we may take further action. If your payment has not been received, or the credit card that we have on file is declined or cannot be processed, we will re-present the payment request to you within 3 - 5 working days. If you then again fail to make payment of the monthly amount that is due within 7 days of such payment request or fail to provide an updated credit card, we reserve the right at our discretion to terminate the contract immediately and you will still be liable to pay the full amount outstanding to us for the relevant contract year. During the period of such default we will also be entitled, acting reasonably, to suspend your access to any PHC Benefits until you have paid the overdue sum in full. You may also be charged in connection with the collection of any amounts that you owe, including but not limited to third party debt collection agency fees, legal fees and court costs. We will notify you in advance of any fees or charges that may be levied in respect of costs incurred in collecting the amount you owe.
11.5 We may increase or decrease the price of your chosen plan. If you do not agree to the change, you may end the contract and let us know that you do not want your subscription to automatically renew by letting us know at least 7 days in writing before the date of renewal.
12. Our responsibility for loss or damage suffered by you
12.1 Consequential Damages Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, FINES, FEES, PENALTIES OR OTHER SIMILAR LIABILITIES, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS, THE PRODUCTS, OR THE SERVICES.
12.2 Our liability to you is limited. Subject to Section 12.1, our liability to you for any damages, losses, claims, costs or expenses arising out of our supply of any products or services shall not exceed the greater of (i) the total subscription fees paid by you in the 12 months preceding the event giving rise to the claim and (ii) the value of the veterinary services in question, even if the amount of professional indemnity insurance that we carry is higher.
12.3 Disclaimer. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR PET HEALTH CLUBTM SUBSCRIPTION, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. FURTHER, WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS. SOME JURISDICTIONS, INCLUDING ONTARIO, DO NOT PERMIT THE EXCLUSION OR MODIFICATION OF CERTAIN WARRANTIES, CONDITIONS OR LIABILITIES IN CONSUMER AGREEMENTS, INCLUDING THE DEEMED WARRANTY THAT SERVICES SUPPLIED UNDER A CONSUMER AGREEMENT ARE OF REASONABLY ACCEPTABLE QUALITY. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS IN THIS PARAGRAPH 12 APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT LIMIT ANY RIGHTS YOU MAY HAVE THAT CANNOT BE EXCLUDED OR LIMITED.
12.4 Consultation Use Policy. Our clinical team’s time is finite, and subject to availability. The clinic may have to move or re-book your appointment if the member of the clinical team you are booked to see is needed elsewhere for an emergency, or is unavailable on the day.
13. Indemnification. You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
your breach of any of the provisions of these Terms or any documents referenced herein;
your violation of any law or the rights of a third party (including, without limitation, privacy or intellectual property rights); or
your use of the Pet Health ClubTM subscription, the products, or the services in a manner that it was not designed for or intended to be used, as described in these Terms and in any instructions or guidelines provided by us to you.
14. How we may use your personal information
14.1 When you apply to join and participate in Pet Health Club™, we will collect personal data about you. We will only use your personal information as explained in these Terms and as set out in our Privacy Policy (available at www.pethealthclub.com/ca/privacy-policy). Please also refer to our Privacy Policy for information about when and how we will use your contact details to send you marketing about our other products and services.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except that participating practices and our and their respective officers, directors, employees and agents may rely on and enforce paragraphs 12 and 13.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. Except to the extent otherwise prohibited by law, these Terms are governed by the provincial laws of the province of Ontario and the federal laws of Canada as applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, if a dispute arises between you and us, you agree that you will notify us about any dispute you have with us related to these Terms by contacting us first and giving us a reasonable opportunity to resolve the dispute before commencing any proceeding.
15.7 Electronic Communications. Where you have given us your express consent, or where we have your implied consent under Canada’s Anti-Spam Legislation – including by reason of the existing business relationship created by your Pet Health Club™ subscription – we may send you commercial electronic messages such as newsletters, updates, promotional offers, and other information about our services that may be of interest to you. These communications will comply with Canada's Anti-Spam Legislation (“CASL”). You may withdraw your consent and unsubscribe from such communications at any time by clicking the “unsubscribe” link included in our emails or by contacting us directly at pethealthclub@vetstrategy.com. Please note that even if you opt out of receiving marketing communications, we may still send you non-commercial messages related to your account, transactions, or ongoing business relationship with us, as permitted under CASL.
15.8 Professional veterinary services and consumer protection legislation. The majority of services and benefits offered through Pet Health Club™ are considered professional veterinary services governed by the applicable provincial veterinary statutes and regulations. Certain requirements of consumer protection legislation may accordingly not apply to those services. Nothing in these Terms excludes, restricts or modifies any right or remedy that you have under applicable consumer protection legislation that cannot lawfully be excluded, restricted or modified, and nothing in these Terms shall be construed as a waiver of any such right.
16. We may make changes to these Terms
16.1 We may make minor amendments or changes that are required to facilitate compliance with law or directives of regulatory bodies to these Terms from time to time. We recommend that you check them each time you use the Pet Health Club™ service to make sure that you are aware and understand the terms that apply at that time. If we need to make a major amendment to these terms we will contact you via email (or SMS or post) to explain the changes, setting out the new or amended provision (or the provision as it read formerly and as amended, where applicable) and the date the change takes effect, and will give at least 30 days' notice of those changes. If you do not agree to the change, you may end the contract without penalty by notifying us before the date the change takes effect. Please see clauses 6 and 7 for information about your cancellation rights.
16.2 English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
16.3 These terms were most recently updated on July 8, 2026.
Schedule “A” Contracting Parties
Province | Contracting Entity | Registered Address |
Alberta | VetStrategy Alberta Inc. | 2500-10220 103 Avenue NW, Edmonton, AB T5J 0K4 |
British Columbia | 0980040 B.C. Ltd. | 1500 Royal Centre, 1055 West Georgia Street, Vancouver BC V6E 4N7 |
Manitoba | VetStrategy Manitoba Veterinary Corporation | 30th Floor, 360 Main Street Winnipeg MB, R3C 4G1 |
New Brunswick | 672199 N.B. Ltd. | Suite 100, 550 Pine Glen Road Riverview NB, E1B 2V7 |
Newfoundland & Labrador | VetStrategy Newfoundland Inc. | PO Box 5038 Suite 1100 Cabot Place 100 New Gower Street St. John's NL A1C 6K3 |
Nova Scotia | 3309125 Nova Scotia Limited | 600 - 1741 Lower Water Street Halifax NS B3J 0J2 |
Ontario | Dr. Daniel Caudle Veterinary Medicine Professional Corporation | Suite 201, 7000 Pine Valley Drive Woodbridge ON, L4L 4Y8 |
Saskatchewan | Cumberland Veterinary Clinic Professional Corporation | 1500 - 1874 Scarth St. Regina SK S4P 4EP |
Schedule “B” British Columbia Addendum
This British Columbia Addendum applies only to customers whose billing address is in British Columbia and supplements the Terms. If there is a conflict between this British Columbia Addendum and the Terms, this British Columbia Addendum applies to the extent necessary to comply with the applicable laws in British Columbia (“BC Laws”).
1. Automatic renewal. For British Columbia customers, any automatic renewal of a subscription for a term of more than 60 days may be cancelled by you at any time, whether before or after the renewal date. If you cancel before the renewal date, no charge or other penalty applies. If you cancel after the renewal date, we will refund the portion of all money paid under the renewed subscription that is required to be refunded under BC Laws within 15 days after your notice of cancellation is given, and we will return or cancel any cheque, pre-authorized debit or other negotiable instrument as required by BC Laws within 30 days after your notice of cancellation is given. For greater certainty, the requirement in clauses 5.2, 6.3 and 11.5 of the Terms to give at least 7 days’ notice before the end of a contract year does not apply to British Columbia customers.
2. Renewal notice. For British Columbia customers, the renewal reminder described in clause 5.2 will be given not more than 60 days and not less than 30 days before the renewal date and must include the renewal date, a statement of your right to cancel the renewal before or after the renewal date, instructions for cancelling the renewal, and a statement that the subscription will renew if you do not respond to the notice.
3. Unilateral amendments. For British Columbia customers, clauses 4.5, 11.5 and 16.1 of the Terms are amended only to the extent required by BC Laws. We may unilaterally amend only the provisions of the Terms dealing with PHC Benefits, plan price, participating practices, administrative processes, communications, and changes required for legal compliance. We will not unilaterally amend any provision respecting cancellation, returns, exchanges or refunds unless the amendment does not increase your obligations or reduce our obligations. If a unilateral amendment increases your obligations or reduces our obligations, we will give you notice not less than 30 days and not more than 60 days before the amendment takes effect, including the amended text, a clear and comprehensible explanation of the amendment, and a statement of your right to cancel without charge or other penalty.
4. Statutory cancellation for missing or inconsistent disclosure. For British Columbia customers, your cancellation rights in clause 6 are supplemented by BC Laws. You may cancel within an applicable statutory period in addition to the cancellation rights set out in clause 6.
5. Refunds following statutory cancellation. For British Columbia customers, clauses 3.6, 6.1, 6.4, 7.2, 9.2, 11.4 and any other no-refund, deduction, full-year-balance or collection-cost term do not apply to the extent they would reduce a refund, impose a charge or penalty, or require further payment contrary to BC Laws. Where those sections apply, we will provide the refund required by BC Laws within the applicable statutory period and without deduction except to the extent expressly permitted by BC Laws.
6. Early cancellation during a contract year – value of PHC Benefits received. For British Columbia customers, if your subscription ends before the end of a contract year and the disclosed standard retail value of the PHC Benefits that you have actually received in that contract year is more than the subscription fees you have paid in that contract year, we reserve the right to charge you, and you agree to pay, the amount by which the disclosed standard retail value of the PHC Benefits you actually received exceeds the subscription fees you have paid in that contract year, to the extent permitted by BC Laws. The value of PHC Benefits received will be determined using the standard retail prices of the relevant services or goods at the participating practice that delivered the services or goods at the time they were received, and we will provide you with an itemized statement of the PHC Benefits received and their standard retail prices with any invoice under this section. This section: (a) reflects recovery of the value of goods and services that you have actually received and is not a fee, charge, penalty, liquidated damages amount or accelerated balance for cancelling your subscription; (b) where you cancel a renewed subscription after the renewal date, applies only to the extent consistent with the refund required by BC Laws as described in section 1 of this Addendum; and (c) applies only to the extent permitted by BC Laws.
7. British Columbia rights preserved. For British Columbia customers, clauses 12, 13, 15.6 and 15.8 do not limit any non-waivable right, remedy, proceeding or forum available under BC Laws.