VetConnect PLUS Terms of Service
(outside North America)
(Revision May 18, 2023)
1. Acceptance of Terms of Service
Except as specifically modified by these Terms of Service, and as provided below with respect to North America, IDEXX’s standard terms and conditions of sale (“Terms of Sale”) as in effect from time to time apply to the use of the Service as defined in Section 2 below). You may find the Terms of Sale applicable to your region here. When using or registering with this Service you agree to be bound by these Terms of Service, by and between you and the IDEXX entity that invoices you (“IDEXX”). The words “we”, “us”, and “our” refer to IDEXX and IDEXX’s affiliated entities. These Terms of Service may be updated by IDEXX from time to time without notice to you. You may review the most current version of the Terms of Service at any time as posted on the IDEXX General Terms and Conditions page here.
If you are located within North America, your use of VetConnect PLUS is subject to the One IDEXX Master Terms here and the VetConnect PLUS Specific Terms incorporated therein.
2. Description of Service
The VetConnect PLUS service and any other services made available on this site or mobile application (collectively be referred to as the "Service") provide or may provide users with access to online resources, including, without limitation, online laboratory (if available in your region) and in-clinic diagnostic results reporting, laboratory ordering (if available in your region), telemedicine (if available in your region) consultation results, medical and product references, access to electronic images (if available in your region), various communications tools, personalized content, and e-mail capabilities. Unless explicitly stated otherwise, any new features or properties that augment or enhance the current Service shall be subject to the Terms of Service. You understand and agree that the Service is provided on an "as is" and "as available" basis and that IDEXX assumes no responsibility for the accuracy, availability, timeliness, deletion, or mis-delivery of, or failure to store, any user communications, data or personalization settings. In order to use the Service, you must be connected to the Internet and are responsible for equipment and fees required for such connection. IDEXX provides the necessary information, documentation, software, and interface to many practice information management systems (PIMS) providers in order for them to connect their PIMS directly to the Service (an “Authorized Integration”). An Authorized Integration enables transmission of laboratory work requests, results and related data, as well facilitating email communications through the Service. If your PIMS is equipped to connect to the Service through an Authorized Integration, and you elect to use the Service through it, you may be required, at your cost, to purchase additional hardware or software in order to do so. You understand that the technical processing and transmission of the Service, including your Content (as defined in Section 5 below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Any medical recommendations contained in the medical and product references or current articles and abstracts are intended to provide general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each patient based on a complete evaluation of the patient, including physical presentation and complete laboratory data. With respect to any drug therapy or monitoring program, you should refer to product inserts for a complete description of dosages, indications, interactions and cautions. Any reference laboratory results displayed through the Service (if available in your region) will be in a simplified report format and a full test report will continue to be available to you for all analyses received by IDEXX.
3. Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IDEXX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDEXX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Fees and Terms of Payment
The Service is provided free of charge. In the event that your use of the Service may become subject to certain fees, you will be notified of such fee, or any subsequent increase to such fees, with at least sixty (60) days’ notice and may discontinue use of the Service if you do not wish to pay such fees. If you continue to use the Service after expiration of such notice period, you will be deemed to have accepted the fees and will be charged accordingly. You shall also pay or reimburse IDEXX for all costs and expenses (including reasonable attorneys' fees) incurred or paid by IDEXX in enforcing your obligations hereunder.
5. Data Protection and license
You shall, in your use of the Service, process personal data (any data relating to an identified or identifiable living natural person) in accordance with the requirements of the applicable data protection laws and regulations. IDEXX is committed to the proper processing of personal data and has adopted a Privacy Policy which sets out the processing of personal data for which IDEXX acts as a data controller. The Privacy Policy can be found at www.idexx.com. In addition, IDEXX acts as a data processor for the processing activities that it performs through the Service on behalf of and on the instructions of the users. If you are subject to the EU General Data Protection Regulation 2016/679, or any of the other data protection laws identified here together, “Data Protection Laws”), our processing activities are described in and are subject to the IDEXX Customer Data Processing Agreement and the DPA Schedule for SmartService (collectively, the “DPA”), each found here.The DPA shall form an integral part of these Terms of Service in accordance with the applicable Data Protection Laws. We do not share Personal Data with third parties except in an aggregated anonymized format, and except as provided in our Privacy Policy, or otherwise with your express consent. IDEXX will use aggregated anonymized Personal Data provided through the Service to perform market analysis in order to anticipate our customers’ needs, gain know-how which will benefit veterinary practices in general, and to provide professional services and medical education to the veterinary industry. You agree that such aggregated anonymized Personal Data and any non-Personal Data stored, exchanged or processed by IDEXX through the Service may be provided to third parties without your prior consent. You also agree that IDEXX may continue to use aggregated anonymized Personal Data after your use of the Service ends.
License
You grant IDEXX a royalty-free, worldwide, non-exclusive license to access, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your content contained in any information or materials uploaded, posted, emailed or otherwise transmitted as a result of or in connection with your use of the Service (the “Content”), including through your practice information management software system.
6. Account Security
You are responsible for maintaining the confidentiality of the password(s) and username(s), and are fully responsible for all uses and activities that occur under your password(s) or username(s), whether or not actually or expressly authorized by you. You agree to (a) immediately notify IDEXX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IDEXX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Indemnity
You agree to indemnify, defend, and hold IDEXX, and its subsidiaries, affiliates, officers, agents, designees, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees and legal disbursements, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
8. General Practices Regarding Use and Storage
You acknowledge that IDEXX may establish general practices and limits concerning use of the Service. You agree that IDEXX has no responsibility or liability whatsoever for the deletion or failure to store for any reason Content maintained or transmitted by the Service. You acknowledge that IDEXX reserves the right to terminate accounts that are inactive for an extended period of time or that do not comply with the terms hereof in IDEXX's sole discretion. You further acknowledge that IDEXX reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Modifications to Service
IDEXX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IDEXX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. Dealings With Third Parties
Your correspondence or business dealings with, or participation in promotions of, distributors, product providers, service providers, and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individual or entity. You agree that IDEXX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such individuals or entities on the Service.
11. Links
The Service may provide, or third parties may provide, links to other sites or resources. Because IDEXX has no control over such sites and resources, you acknowledge and agree that IDEXX is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IDEXX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. Use of Service Through Application Providers
When accessing the Services through an application that you downloaded from an app store or app distribution platform (the “App”), such as the Apple® App Store® or Google PlayTM, (the “App Provider”), you acknowledge and agree that: (a) these Terms of Services are concluded between you and IDEXX, and not with the App Provider, and that IDEXX is solely responsible for the App (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the App; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be IDEXX’s responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, IDEXX will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service; (f) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms of Service as it relates to your license of the App, and that, upon your acceptance of these Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as related to your license of the App against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the App.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS PERMITTED BY APPLICABLE LAW, IDEXX EXPRESSLY DISCLAIMS ALL TERMS, WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW (WHETHER UNDER STATUTE, COMMON LAW OR OTHER LAW, CUSTOM OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO THE IMPLIED TERMS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) IDEXX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEXX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (E) IN THE EVENT YOU ACCESS THE SERVICE THROUGH AN AUTHORIZED INTEGRATION, IDEXX MAKES NO REPRESENTATION AS TO THE PERFORMANCE OF YOUR PIMS OR ITS INTERPRETATION OF DATA OR CONTENT PROVIDED BY IDEXX. IN ADDITION, IDEXX MAKES NO WARRANTY IN THE EVENT YOU ACCESS THE SERVICE OTHER THAN THROUGH AN AUTHORIZED INTEGRATION.
14. Violations; Contact
Please report any violations of the Terms of Service to vccontactus@idexx.com. Should you have any questions, complaints or claims with respect to the Service, you may direct them to:
By Mail:
IDEXX Laboratories, Inc.
One IDEXX Drive
Westbrook, ME 04032
U.S.A
By Phone: +1 (207) 556-0300
By e-mail: vccontactus@idexx.com