INTRODUCTION

1. Petfirst Wellness is an annual preventative wellness programme for pets brought to You by Veterinary Enterprises Group Limited NZBN 9429037219338 (“VEGL”).
2. The programme allows Members access to select veterinary services on an annual basis at participating veterinary clinics or from a third party service provider(s) (if applicable).
3. The programme is designed to be preventative care to help keep pets healthy, it is not an insurance programme or a substitute for pet insurance.
4. Not all veterinary services are covered by the programme and You are responsible to confirm the services that are part of the programme with your participating veterinary clinic prior to joining the programme.
5. By joining the Petfirst Wellness programme, Members agree to be bound by these terms and conditions as between VEGL, the Member and the participating veterinary clinic.
6. Members can only be registered with one participating veterinary clinic.
7. Members can contact their participating veterinary clinic, the Petfirst Wellness support team info@petfirstwellness.co.nzor seek your own independent advice about these terms and conditions.

MEMBERSHIP

8. Members (in these terms and conditions includes where applicable “Member” or “You”) sign up to the programme for 12 month periods, which will automatically renew for further consecutive 12 month periods unless membership is terminated by the Member or VEGL in accordance with these terms and conditions.
9. Members can only register their own dog or cat; the programme is not available to other pets (for example rabbits).
10. An annual membership is limited to the pet nominated by the Member.
11. A separate membership must be purchased for each additional pet owned by a Member to be part of the programme.
12. VEGL will remind a Member at least 30 days before the end of any 12 month period that their membership is due to renew by sending a notification to the Member’s registered email address.
13. Members are solely responsible for checking the terms of their membership and their registered email address and must ensure that they update their participating veterinary clinic of any changes to their contact details, including their email address and phone number.
14. VEGL will not be liable for any delay or disruption in communication due to incorrect or outdated Member contact details.
15. Unless the Member notifies their participating veterinary clinic at least 20 days before the end of any 12 month period of membership that the Member does not wish to renew, their membership will automatically renew for another 12 months.

ANNUAL MEMBERSHP FEES

16. The annual membership fees are as specified on our website and will be reviewed annually.
17. Notwithstanding clause 16, the Member’s annual membership fee will remain fixed for any 12 month period and will only increase if the Member’s annual membership is renewed in accordance with these terms and conditions, in particular clauses 12 and 15. For example if You joined on 1 June your fee will remain the same until 31 May of the following year and will only increase to the new fee from 1 June of the Member’s new annual membership term.
18. The initial annual membership fee shall be paid by way of an initial payment and either:
    • 48 subsequent equal weekly instalments;
    • 24 subsequent fortnightly instalments; or
    • 11 subsequent equal monthly instalments.
19. Renewed annual membership fees must be paid through either:
    • 52 equal weekly instalments;
    • 26 fortnightly instalments; or
    • 12 equal monthly instalments.
20. Members may also choose to pay the full annual membership fee upfront.
21. Instalment payments must be made by direct debit authority from the Member’s nominated bank account or credit card or paid at the members’ participating veterinary clinic.  VEGL has engaged Debitsuccess to facilitate such direct debit payments and the terms of the Debitsuccess Direct Debit Request (DDR) Service Agreement and the direct debit authorisation form apply to all Members who make payment by direct debit.
22. Any dishonoured direct debit will incur a $10 dishonour fee which is payable at the next direct debit drawing, which the Member acknowledges and agrees is a reasonable initial pre-estimate of the costs to be incurred by VEGL and/or its agents in connection with that default.
23. If a Member fails to pay an instalment of their annual membership fee, the participating veterinary clinic will suspend the Member’s benefits until payment is received.
24. Members will be advised by VEGL sending a notification to the Member’s registered email address of any change in the membership fee, which will apply from the next anniversary of their membership.

CANCELLATIONS

25. Memberships are for a 12 month period and will automatically renew for a further 12 month term unless a Member elects not to renew their membership by sending an email to their participating veterinary clinic at least 20 days before expiry of the current membership period.
26. A Member wishing to cancel within their 12 month period should contact their participating veterinary clinic to discuss cancellation.  Upon cancellation, for any reason, no refunds will be payable for the value of any unused benefits or services provided by a Member’s participating veterinary clinic through membership in the programme.
27. Members may cancel their membership at any time without penalty, if their pet has passed away. Otherwise, Members that cancel within their 12 month membership period will be required to pay a cancellation fee of (whichever is less):
    • the difference between the savings obtained on the services provided by their participating veterinary clinic through their membership in the programme and the total amount of membership fees paid to date; or
    • the amount of membership fees for the remainder of the 12 month membership period.
28. Any reconciliation payment under clause 27 must be paid by direct debit or by payment to the Member’s participating veterinary clinic.
29. Subject to clause 30, cancellations will be effective from the date on which the Member has notified their participating clinic in writing by email.
30. If the reconciliation payment under clause 27 is not received, cancellation will not occur and the Member will continue to be liable for regularly scheduled payments.

MEMBERSHIP BENEFITS

31. Members may enjoy the benefits and services published on our website (as amended from time to time) at their participating veterinary clinic in each 12-month membership period:
    • All routine core annual & triennial vaccinations as prescribed by the treating veterinarian at the clinic, including core canine and feline vaccinations, annual boosters for infectious canine cough (i.e. canine cough), leptospirosis (where prevalent in the Member’s local area) and FIV vaccinations. Non-routine vaccinations or vaccinations for exotic, emerging disease conditions or to meet pet export requirements are not included in the programme.
    • Unlimited veterinarian and veterinary nurse consultations, provided that an appointment has been made with the clinic during normal clinic hours, up to a maximum of 15 minutes and subject to fair use as set out below. Consultations performed without an appointment, or outside of normal clinic hours, including weekends and/or public holidays, house calls, veterinary specialists, behaviour or export consultations, or which exceed 15 minutes are not included in the programme and additional charges may apply. Consultations may be performed by a veterinary nurse or veterinarian at the discretion of the participating veterinary clinic.
    • One (1) preventative health care screen, including a preventative blood and urine test. These tests are preventative in nature for the purposes of identifying potential illness or management of conditions. Additional charges may apply if comprehensive testing or diagnostic work is required.
    • One (1) microchip, only if required. A microchip will not be required if your pet currently has one.
    • Up to $250 off one (1) dental procedure annually. This discount cannot be used in conjunction with any other offer or promotion, including the 10% discount on professional veterinary services below.
    • 10% discount on professional veterinary services, including procedures, surgery, and imaging performed by your treating veterinarian at the clinic during the membership period. This does not include any specialist or referral services.
    • 10% discount on parasite prevention, pet nutrition and retail products purchased at the clinic during the membership period.
    • Four (4) standard nail trims for cats or dogs provided that no sedation is required or exceeds 15 minutes . This will be performed by a veterinary nurse or by a veterinarian at the discretion of the participating veterinary clinic.
32. All membership benefits and services may not be available at all participating veterinary clinics, and it is up to the Member to confirm with the participating veterinary clinic prior to joining the programme which benefits and services are available.
33. All membership benefits and services will be subject to the professional recommendation of the treating veterinarian at the clinic and availability.
34. All membership benefits and services provided by a third party service provider may be subject to additional terms and conditions. Members are advised to check with the third party service provider for any such terms and conditions.
35. Membership benefits are subject to change and equivalent substitutions may be provided at VEGL and/or the participating veterinary clinic’s reasonable discretion.
36. Membership benefits and discounts are not to be used in conjunction with any other offer and cannot be exchanged or redeemed for cash or other consideration.
37. Membership benefits may be redeemed within the membership period only and expire at the end of each 12-month membership period or on termination for any reason and do not accumulate.
38. Any additional goods, services, consultations and/or treatments not covered by the programme (including any additional consultation hours, diagnostic work, and medications) will be payable in accordance with the participating veterinary clinic’s standard current fee schedule.

FAIR USE AND MEMBER CONDUCT

39. The on-going provision of membership benefits and services is subject to a Member’s compliance with the following fair use and conduct terms.
40. Participating veterinary clinics may exclude some or all the membership benefits and services to Members based on unreasonable use, as determined by the participating veterinary clinic at its reasonable discretion, by notifying the Member of such use in writing.  If such unreasonable usage continues, the participating veterinary clinic may exclude membership benefits and services or terminate the membership.
41. Where a third party service provider has notified VEGL of a Member’s unreasonable use of membership benefits and services provided by the third party service provider, as determined by the third party service provider at its reasonable discretion, VEGL may exclude some or all of the membership benefits and services to the Member on the basis of unreasonable use, as determined at VEGL’s reasonable discretion, by notifying the Member of such use in writing. If such unreasonable usage continues, VEGL may exclude membership benefits and services or terminate the membership.
42. Members must at all times in connection with the Petfirst Wellness programme conduct themselves in a safe, lawful, honest, respectful, and appropriate manner. Abuse, harassment, threatening behaviour, and other misconduct in respect of veterinary clinic staff, customers, patients, or other persons, including any third party service provider, or animal in connection with the Petfirst Wellness programme will not be tolerated.
43. VEGL reserves the right to immediately suspend or terminate a Member’s membership at any time if, in its reasonable discretion, VEGL suspects or determines that a Member has breached the conduct terms set out in clauses 40, 41 or 42.

TERMINATION

44. Members must always comply with these terms and conditions during any membership period. In addition to any other rights under these terms and conditions, if a Member breaches these terms and conditions then VEGL may notify the Member of such breach in writing.  If the breach is not remedied in the timeframe required by VEGL (acting reasonably), then VEGL may terminate the membership. If your membership is terminated in accordance with this clause 44, then You may be required to pay a termination fee, calculated in the same manner as the cancellation fee referred to in clause 27.

LIABILITY

45. VEGL will not be liable for any loss, cost, damage, expense, or claim arising from any failure, default, or delay in the supply of services or the membership benefits to Members if, and during the period in which, such failure, default, or delay is caused by events (such as, but not limited to Covid 19) or circumstances beyond VEGL’s reasonable control, including (but not limited to) any failure, default, or delay by a third party service provider. If such circumstances occur, VEGL may elect to suspend all or part of the supply of services or benefits to Members or terminate the PetFirst Wellness membership programme on notice to Members and, if terminated, VEGL will provide a refund of any prepaid membership fees on such basis as is determined by VEGL (acting reasonably).
46. VEGL will not be liable for any loss, cost, damage, expense, or claim arising from the supply of services or the membership benefits to members by any third-party service provider.
47. VEGL does not warrant that the Petfirst Wellness programme or any of the membership benefits will be available to Members at any particular time or on an ongoing basis.
48. Subject to compliance with applicable law, VEGL reserves the right to discontinue the PetFirst Wellness programme in any or all participating clinics at any time.  VEGL will provide written notice of such a decision to members currently within a 12 month membership period.  In these situations, VEGL will provide members a reconciliation payment:
    –  If the difference between their total savings obtained on products and services provided through their membership programme is less than the total amount of membership fees paid to date OR
    –  Where a paid membership period cannot be used due to the discontinuation of the programme (prorate based on the 12 month membership period).
    Any reconciliation payment will be paid by direct debit or by payment to the Member’s participating veterinary clinic.
    Reconciliation payments will be effective from the date on which the Member has been notified by their participating clinic of the discontinuation of the programme in writing by email.
49. VEGL provides the programme via participating veterinary clinics and any right, benefit, exclusion or limitation of liability in these terms and conditions in favour of VEGL are also given for the benefit of each of the participating veterinary clinics and includes the right of the veterinary clinics to enforce these terms and conditions directly against a Member.

PAYMENTS AND FEES

50. The initial membership fee is payable by you to VEGL upon joining the Petfirst Wellness programme.
51. You authorise us to take any fees owing by direct debit and to add any fees or other amounts payable under these terms and conditions to any instalments paid by you (as a separate payment or otherwise).

DEBT COLLECTION ACTION

52. Where you default in making payments due under these terms and conditions you:
    • authorise us and/or our third-party debit collection agency to notify any debt collection or credit reporting agency of the default.
    • authorise us to refer the debt to a debt collection agency and add an administration fee to the outstanding debt being its fee for dealing with the default.
    • agree to pay all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency together with our professional and legal costs (on a solicitor client basis) and expenses.

ACKNOWLEDGEMENT

53. The Petfirst Wellness member acknowledges these Terms and Conditions and agrees that by applying for membership and/or accepting any membership benefits that they (jointly and separately, if applicable) are bound by these Terms and Conditions and any others notified by VEGL, from time to time.

GENERAL

54. These terms and conditions are governed by the laws in force in New Zealand.
55. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts which may hear appeals from those courts.
56. Invalidity of any provisions in these terms and conditions does not affect any other provisions.
57. Any delay or failure by VEGL to enforce any rights under these terms and conditions does not constitute waiver.
58. VEGL collects, stores, uses, and discloses personal information it receives from You or third parties in connection with the Petfirst Wellness membership programme in accordance with the VEGL Privacy Policy published on our website (as updated from time to time).
59. VEGL may from time to time make changes to these terms and conditions.
60. A Member’s continued use of the membership benefits after a change to the terms and conditions means that You have accepted any changes VEGL has made (subject to the Member’s cancellation right above).
61. You are responsible for ensuring that the contact details VEGL has for You are correct and up to date.