Contents

Section 1. Introduction and role of Phone A Vet.

Section 2. Nature of the service.

Section 3. Telehealth limitations and risk acknowledgement.

Section 4. Registration, acceptance of Terms, and user obligations.

Section 5. Fees, session duration, and payment processing.

Section 6. Emergencies and inappropriate use of the App.

Section 7. Limitations of services and disclaimers.

Section 8. Veterinarians as independent service providers.

Section 9. Interaction between animal owners and veterinarians.

Section 10. Security, permitted use, and intellectual property.

Section 11. Suspension and termination.

Section 12. Payments and refunds.

Section 13. Service interruption and technical limitations.

Section 14. Indirect losses and platform risk.

Section 15. Liability exclusions and indemnity.

Section 16. Dispute resolution and governing law.

Section 17. Privacy.

Section 18. Problems, questions, and complaints.

Section 1. Introduction and role of Phone A Vet

The Phone A Vet app (the App) is owned and operated by Phone A Vet Pty Ltd (Phone A Vet, we, us, our). The App connects animal owners (you, your) with Australian-registered veterinarians (veterinarian).

Phone A Vet acts as an agent only, providing administrative and technical services to enable veterinarians to provide consultations to you. Phone A Vet does not provide veterinary services and is not responsible for the professional judgement, advice, or conduct of veterinarians.

Only Australian-registered veterinarians may provide services through the App. veterinarians are bound by the veterinary practice and medicine dispensing laws of the state or territory in which they are registered and in which the animal is located.

Section 2. Nature of the service

The Phone A Vet service provides access to a consultation with an Australian-registered veterinarian via video, telephone, or text-based communication through the App.

The service is a form of remote veterinary consultation and is limited to advice, information, and professional opinion based on the information provided by you during the session. This information may include your verbal descriptions, answers to questions, photographs, videos, and other material you choose to submit.

The service does not involve a physical examination of the animal, observation of its full environment, diagnostic testing, or sample collection. As a result, the veterinarian’s assessment is necessarily limited by the quality, completeness, and accuracy of the information you provide and the technical performance of the App and your device.

In some circumstances, and at the sole professional discretion of the veterinarian, a prescription may be issued following a consultation. Prescriptions are not an automatic or guaranteed outcome of a session and may only be provided where the veterinarian considers it lawful, clinically appropriate, and consistent with their professional obligations, including jurisdictional requirements and whether an appropriate veterinarian–client–patient relationship exists.

The veterinarian may determine that a prescription cannot be issued and that further in-person examination, diagnostic testing, or referral to a physical veterinary practice is required. This does not constitute a failure of the service.

Phone A Vet does not guarantee that a request for a consultation will be accepted by a veterinarian or that a veterinarian will be available at the time a consultation is requested.

A veterinarian may, at their sole professional discretion, accept or decline a consultation request for any reason, including where:

– a suitable veterinarian is not available at the relevant time;

– the information you provide (including descriptions, photographs, or videos) is incomplete, unclear, or insufficient to allow the veterinarian to exercise appropriate professional judgement;

– the veterinarian considers that in-person examination, diagnostic testing, or referral to a physical veterinary practice is required; or

– the veterinarian considers that providing advice or services would not be lawful, clinically appropriate, or professionally appropriate in the circumstances.

You must not pressure, insist, or attempt to compel a veterinarian to provide a particular outcome, including a specific diagnosis, treatment, medication, or prescription. A veterinarian may decline a consultation request or discontinue a consultation where they consider that improper pressure is being applied.

To assist a veterinarian in assessing whether they can help, you should provide clear and accurate information and be willing to accept the veterinarian’s professional judgement.

Section 3. Telehealth limitations and risk acknowledgement

You acknowledge and accept that the service is delivered without the veterinarian being physically present with the animal. This limits the veterinarian’s ability to observe, examine, test, and assess the animal and its environment in the same way as would occur during an in-person veterinary consultation.

Because of these limitations, there is an increased risk of incomplete assessment, misinterpretation of clinical signs, or error in clinical judgement when compared with a face-to-face examination. You must consider and accept this risk before using the App.

Advice provided through the service may include provisional opinions, general guidance, or discussion of possible causes (including differential diagnoses) rather than a definitive diagnosis. Recommendations may change if further information becomes available or if the animal is examined in person.

Veterinary knowledge, standards of care, and professional opinions evolve over time, and different veterinarians may reasonably hold differing views. To the extent permitted by law, no warranty is given as to the accuracy, completeness, or suitability of any advice provided through the service.

You remain responsible for deciding whether and how to act on the advice provided and for seeking in-person veterinary care where advised or where the animal’s condition worsens, fails to improve, or becomes urgent.

Section 4. Registration, acceptance of Terms, and user obligations

To access and use the App, you must complete the registration process by providing accurate and current information about yourself and your animal(s).

By completing registration and using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the Privacy Policy. If you do not agree to the Terms, you must not use the App.

You are responsible for ensuring that all information you provide through the App is accurate, complete, and up to date. Phone A Vet and the veterinarian rely on the information you provide when delivering the service.

Phone A Vet may amend these Terms at any time at its discretion. Any amended Terms take effect immediately upon publication. Your continued use of the App after changes are published constitutes acceptance of the updated Terms. It is your responsibility to review the Terms periodically.

You must use the App responsibly and in accordance with these Terms and all applicable laws.

Section 5. Fees, session duration, and payment processing

Consultation fees and available session durations are displayed in the App at the time you request a consultation. Sessions may be offered in different time lengths depending on the consultation type.

Fees are charged for the veterinarian’s time, professional assessment, and advice provided during the session.

Payment of consultation fees is required at the time of booking and is processed via a third-party payment provider. Phone A Vet does not store your credit card details.

Phone A Vet reserves the right to change consultation fees and session offerings at any time. Any changes take effect from the date they are published in the App or on the Phone A Vet website.

Where a payment is declined, reversed, or unpaid for any reason, you remain responsible for any associated fees or charges incurred.

Section 6. Emergencies and inappropriate use of the App

The App is not designed for use in emergency situations.

If your animal has been involved in a major accident or is suffering from unconsciousness, difficulty breathing, uncontrollable bleeding, or another life-threatening condition, you must seek immediate in-person veterinary care and must not rely on the App.

While emergency triage advice may be available through the App in some circumstances, Phone A Vet does not guarantee that a veterinarian will be immediately available or that advice will be received in a timely manner. Network or technical issues may further limit availability.

Use of the App in emergency situations is at your own risk and does not replace urgent veterinary care.

Section 7. Limitations of services and disclaimers

Phone A Vet makes no representation or guarantees that a consultation will result in a diagnosis, treatment plan, prescription, or any particular outcome. The service is limited to professional veterinary advice and opinion based on the information available at the time of the consultation.

Any advice provided is given in good faith and may be incomplete due to the absence of a physical examination, diagnostic testing, or full knowledge of the animal’s medical history and environment. You acknowledge that the veterinarian’s assessment may change if further information becomes available or if the animal is examined in person.

The veterinarian may determine that it is not appropriate, lawful, or clinically safe to provide advice beyond general guidance, to discuss possible causes only, or to issue a prescription. This includes circumstances where the veterinarian considers that in-person examination, diagnostic testing, or referral to a physical veterinary practice is required. Such determinations do not constitute a failure to provide the service.

Phone A Vet and the veterinarians do not guarantee that the service will meet your expectations, achieve a particular result, or prevent deterioration, injury, or death of an animal. Use of the service and reliance on any advice provided is entirely at your own risk.

To the extent permitted by law, no warranty is given as to the accuracy, completeness, timeliness, or appropriateness of the advice provided, and Phone A Vet excludes liability for any loss or damage arising from reliance on the service.

Section 8. Veterinarians as independent service providers

Veterinarians providing services through the App are independent service providers and are not employees, partners, or agents of Phone A Vet for the purposes of providing veterinary advice or treatment.

Registration of a veterinarian on the App does not constitute a recommendation, endorsement, or verification of the veterinarian’s qualifications, competence, or suitability by Phone A Vet.

Any opinions, statements, recommendations, advice, or information provided by a veterinarian are their own professional opinions and not those of Phone A Vet.

Some services, information, or recommendations discussed during a consultation may be provided by third parties and are not reviewed, verified, or certified by Phone A Vet.

Section 9. Interaction between animal owners and veterinarians

You must interact with veterinarians in a respectful and civil manner and must not use threatening, abusive, intimidating, defamatory, or otherwise inappropriate language or behaviour.

If you engage in inappropriate conduct, the veterinarian may terminate the consultation, and Phone A Vet may suspend or cancel your access to the App.

At the conclusion of a consultation, you and the veterinarian may be invited to provide feedback or a review. You may also provide feedback or raise concerns through the App support function or by contacting Phone A Vet directly.

You must not abuse or overuse access to veterinarians via the App. This includes attempting to address multiple unrelated issues in a single consultation or seeking repeated consultations for the same issue to obtain multiple opinions. A veterinarian may decline to continue a consultation where use becomes unreasonable.

Phone A Vet may, in its reasonable discretion, decline to investigate or continue to engage with complaints that are frivolous, vexatious, abusive, repetitive, or made in bad faith.

This includes complaints that are intended to harass, intimidate, coerce, or improperly pressure a veterinarian or Phone A Vet, including attempts to obtain refunds, prescriptions, or outcomes to which you are not entitled.

Nothing in this clause limits your right to raise a genuine complaint in good faith.

Where you raise a complaint or concern, you must reasonably cooperate with Phone A Vet in reviewing the matter. This includes responding to reasonable requests for information or clarification within a reasonable timeframe. If you fail to respond or cannot be contacted after reasonable attempts, Phone A Vet may close the complaint without further action.

You must not attempt to contact or communicate with veterinarians outside the App. Phone A Vet is not responsible for any interactions that occur outside the App.

During a consultation, and only where circumstances warrant, a veterinarian may request your consent to record part or all of a session for clinical or professional purposes.

You must not audio or video record a consultation, in whole or in part, without the prior consent of the veterinarian.

Unauthorised recording of consultations may constitute a breach of these Terms and may result in termination of the consultation or suspension of access to the App.

Section 10. Security, permitted use, and intellectual property

You are responsible for maintaining the confidentiality of your login credentials and must notify Phone A Vet immediately of any unauthorised use of your account or any security breach of which you become aware.

Access to and use of the App is limited, non-transferable, and for your personal use only for the purpose of receiving services through Phone A Vet.

You must not:

– attempt to gain unauthorised access to the App, its systems, or other users’ accounts;

– upload, transmit, or introduce viruses, malicious code, or harmful material;

– collect, scrape, harvest, or use data from the App for unsolicited communications or commercial purposes;

– automate access to or use of the App or services;

– use the App or services for any unlawful, unauthorised, or commercial purpose not approved by Phone A Vet; or

– copy, reproduce, modify, distribute, or exploit any part of the App, its content, or Phone A Vet’s intellectual property without written permission.

All intellectual property rights in the App, including content, design, text, graphics, software, and branding, remain the property of Phone A Vet or its licensors.

Section 11. Suspension and termination

Phone A Vet may suspend, restrict, or terminate your access to the App at any time, without notice, if:

– you breach or intend to breach these Terms or any applicable law;

– your conduct adversely affects Phone A Vet, veterinarians, or other users;

– you engage in abusive, threatening, or inappropriate behaviour;

– Phone A Vet is required to do so by law; or

– the continued provision of services to you is no longer commercially viable.

Phone A Vet reserves the right to take appropriate legal action for any unlawful or unauthorised use of the App.

Phone A Vet may suspend or terminate your access to the App where, in its reasonable opinion, you repeatedly misuse the complaints process, engage in vexatious conduct, or fail to cooperate with complaint reviews.

Section 12. Payments and refunds

Payment for consultations is required at the time of booking and is processed via a third-party payment provider. Phone A Vet does not store credit card details.

Payments are processed via a third-party payment provider. Depending on your payment method and bank, when you request or book a consultation your bank or card issuer may place an authorisation hold (a pending transaction) for the consultation fee.

If a veterinarian does not accept your consultation request, or if a consultation is cancelled before it commences, Phone A Vet (or the payment provider) will void or release the authorisation hold (as applicable), and no consultation fee will be captured.

The time taken for held funds to be released back to your available balance is determined by your bank or card issuer and is outside Phone A Vet’s control. In most cases, this occurs within 2–3 business days, but it may take longer depending on your bank’s processing timeframes.

Consultation fees are charged for the veterinarian’s time, professional assessment, and advice provided during the session. Fees are payable regardless of the outcome of the consultation.

Refunds may be issued at the discretion of Phone A Vet or the veterinarian in limited circumstances, including where a consultation is materially interrupted or the veterinarian is unable to provide any meaningful advice.

During a consultation, and only where circumstances warrant, a veterinarian may request your consent to record part or all the session for clinical or professional purposes.

You must not audio or video record a consultation without the prior consent of the veterinarian.

Section 13. Service interruption and technical limitations

Phone A Vet does not warrant that the App or the services will be uninterrupted, secure, fault-free, or error-free.

Access to and use of the services is dependent on mobile networks, internet connectivity, device capability, lighting conditions, and other technical factors that may be outside the control of Phone A Vet or the veterinarian.

Phone A Vet and the veterinarian are not responsible for any injury, deterioration of an animal’s condition, or loss arising from poor audio or video quality, network interruptions, insufficient bandwidth, inadequate lighting, hardware or software failure, or other technical limitations.

You acknowledge that standard messaging, data, or usage fees may be charged by your telecommunications provider and that some mobile features required to use the App may not be supported by all devices or carriers.

Section 14. Indirect losses and platform risk

While Phone A Vet takes reasonable steps to maintain the security and stability of the App, no warranty or guarantee is given regarding the security, reliability, or availability of the platform.

Use of the App and the services is at your own risk.

To the extent permitted by law, Phone A Vet excludes liability for any indirect, incidental, or consequential loss arising from your use of, or inability to use, the App or services.

Section 15. Liability exclusions and indemnity

To the maximum extent permitted by law, Phone A Vet does not make, and expressly excludes, all representations, warranties, or guarantees in relation to the services, whether express or implied.

To the maximum extent permitted by law, Phone A Vet, its directors, officers, employees, agents, contractors, and veterinarians are not liable for any loss, damage, injury, cost, or expense suffered or incurred by you arising from or in connection with, including but not limited to:

– the use of, or reliance on, the services or any advice provided;

– any decision by a veterinarian to provide advice only, to discuss possible causes or differential diagnoses, to issue or not issue a prescription, or to recommend in-person veterinary care;

– any delay in obtaining treatment, deterioration of an animal’s condition, or failure to achieve a particular outcome;

– any inaccuracy, incompleteness, or limitation of information provided by you;

– technical failures, interruptions, or limitations of the App or communications networks; or

– compliance by a veterinarian with professional, ethical, or legal obligations, including prescribing and telehealth restrictions.

To the maximum extent permitted by law, all liability for indirect, incidental, special, or consequential loss is excluded.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Phone A Vet, its directors, officers, employees, agents, contractors, and veterinarians from and against any claims, demands, losses, damages, costs, or expenses (including legal costs on a full indemnity basis) arising from or related to:

– your use of the App or services;

– your reliance on advice provided through the service;

– your failure to seek in-person veterinary care where advised or where reasonably required; or

– any breach of these Terms.

Section 16. Dispute resolution and governing law

These Terms are governed by the laws of Victoria, Australia. you submit to the exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from those courts.

If a dispute arises out of or in connection with these Terms or your use of the App, a party claiming a dispute has arisen must give written notice to the other party setting out the nature of the dispute, the desired outcome, and the action required to resolve the dispute.

Upon receipt of the notice, the parties must, within 14 working days, use their best endeavours to resolve the dispute in good faith by negotiation or such other means as they may agree.

If the dispute is not resolved within that period, the parties must either agree to appoint a mediator or request that an appropriate mediator be appointed. The costs of mediation, including mediator fees and venue costs, will be shared equally, and each party will bear its own legal and associated costs.

The mediation will be conducted in Victoria, Australia.

Section 17. Privacy

Phone A Vet is committed to protecting the privacy of personal information collected through the App in accordance with Australian privacy laws.

Personal information is collected only where knowingly and voluntarily provided by you, including during registration and use of the App. This information may include personal contact details and information about your animal(s).

Personal information may be used and disclosed for purposes including providing services, processing payments, maintaining records, complying with legal obligations, and enabling veterinarians to deliver consultations.

Phone A Vet may also disclose personal information where required or authorised by law, including for notifiable disease reporting, animal welfare obligations, court orders, or to prevent or minimise harm.

While reasonable steps are being taken to protect personal information, no data transmission over mobile networks or the internet can be guaranteed to be completely secure. Use of the App is therefore at your own risk.

You may access and update your personal information through your user profile or by contacting Phone A Vet.

Further details are set out in the Phone A Vet Privacy Policy, which forms part of these Terms.

Section 18. Problems, questions, and complaints

If you have any questions regarding these Terms, the services, or the App, or if you wish to raise a concern or complaint, you may contact Phone A Vet through the App support function or by writing to admin@phoneavet.com.au.

Phone A Vet will take reasonable steps to review and respond to enquiries and complaints in a timely manner.