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Terms of Use

These Terms of Use (“Terms”) are an agreement between Koala Pet Health Services LLC (“Koala”) and you. These Terms govern your use of Koala’s products and services, including Koala’s website koala.health, software, and any other interaction you have with Koala including by phone or online (collectively, “Koala Services''). 

Please read these Terms carefully. When you use Koala Services, you agree with these Terms.  If you do not agree with these Terms, do not use the Koala Services. These Terms may be changed from time to time at Koala’s discretion and the changes are generally effective as of the last modified date of these Terms. Your continued use of the Koala Services following the posting of any changes to these Terms constitutes your acceptance of the modified Terms. You should check these Terms periodically for any changes but we will notify you by email or a banner on this page of any material changes.

Privacy Notice and Additional Terms

Koala’s Privacy Notice applies to the Koala Services. You acknowledge and agree that you have received, read and understood Koala’s Privacy Notice which may be changed from time to time at Koala’s sole discretion.

In addition to these Terms, if you enroll in Koala’s Auto-Refill subscription ordering program (“Auto-Refill”), the Auto-Refill Terms of Use (“Auto-Refill Terms”) also apply and are included as part of these Terms.

Koala Account

In order to make purchases on Koala’s website and to use certain Koala Services, you must register for an account with Koala (‘Koala Account’) and provide certain information about yourself and your pet. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) the information you provide is current at all times and you will update it as necessary; (c) your use of the Koala Service does not violate any applicable law, rule, or regulation or these Terms.

You are responsible for maintaining the security and confidentiality of your Koala Account, including your login information and credentials such as your username and password. You are fully responsible for all activities that are associated with your Koala Account (including, for example, any purchases made, reviews or comments posted, or other use of the Koala website made through your Koala Account). You agree to immediately notify Koala of any unauthorized use or suspicious activity associated with your Koala Account. Koala reserves the right to suspend or terminate your Koala Account, or to refuse any Koala Service to you and your Koala Account for any reason at any time in Koala’s sole discretion.

Communications

When you use Koala Health Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including emails, texts, mobile push notifications, or notices and messages on this website or through other Koala Health Services) by or on behalf of Koala Health to any email address, phone number, or mobile device associated with your account or otherwise directly or indirectly provided to Koala Health. You can retain copies of these communications for your records.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These communications may include personal information about your pet's prescriptions, treatment, or benefits, and, in connection with such communications, we may use pre-recorded/artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or Koala Health account with others, those individuals might also be able to see this information.

Product Pricing & Availability

Prices and availability of products are subject to confirmation of your prescription information and may change without notice. Errors will be corrected when discovered and Koala reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). If the correct price of a product is higher than the stated price, Koala will, at its discretion, either contact you for instructions before shipping or cancel the order and notify you of such cancellation. 

If you use Auto-Refill, the price of an item will be set at the time the order is processed. See Auto-Refill Terms of Use for more information.

Koala Content

Koala or its licensees own all intellectual property associated with the Koala Services, including all content such as photographs, graphics, videos, audio, text, images, typefaces, logos, and other material, data, software, and information (collectively, “Koala Content”). Koala Content is protected by applicable trade dress, copyright, patent, trademark, and other intellectual property rights and laws whether or not registered. You may not use, license, sublicense, reproduce, distribute, perform, or otherwise exploit, any Koala Content or Koala Services without Koala’s express written consent.

License & Permissible Use

Koala grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and make personal use of the Koala Services, subject to these Terms and the restrictions discussed below. Koala may terminate this license at any time for any reason.

You are prohibited from using the Koala Services to directly or indirectly: (a) resell any Koala Services to anyone; (b) scrape, crawl, modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Koala Content or Koala Services for any purpose without prior express authorization from Koala; (c) access the Koala Services to build a similar or competitive product or service, or to download, copy or collect content or account information about Koala or Koala’s customers.

User Content

Users of the Koala Services may submit or post content, including, for example, reviews, comments, photographs and other information (“User Content”), to Koala by various means, including through customer surveys, website forums, social media and others. You are solely responsible for your User Content and you assume all risks associated with your User Content. You affirm, represent, and warrant that you have the right, including any permissions necessary to post your User Content and that your User Content does not violate these Terms or Content at any time at its sole discretion.

By submitting your User Content or using it with the Koala Service, you grant Koala an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use, and grant sublicenses to, your User Content, solely in connection with the Koala Services and Koala’s social media, marketing and promotional initiatives. 

Koala does not control and is not responsible for User Content. Koala makes no guarantees regarding the accuracy, suitability, or quality of any User Content. You acknowledge and agree that Koala will not be responsible for any loss or damage incurred as the result of any interaction you have with User Content or with other users of Koala Services.

Disclaimer of Warranties 

The Koala Services and all Koala Content are provided on an “as is” and “as available” basis, except as otherwise expressly provided in this section. Koala makes no representations or warranties of any kind, express or implied, as to the operation or performance of Koala Services, including that the Koala Services will be uninterrupted, error free or completely secure. Koala does not warrant that electronic communications are free of viruses or other harmful components. 

To the fullest extent permitted by applicable law, Koala and its directors, officers, employees, agents, licensors, partners, third party service providers, contractors and affiliates (the “Koala Parties”) disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Koala does not warrant that the Koala Services, the Koala Content, or any other information, content, materials, products, or other services made available to you through the Koala Services, including any product descriptions or ingredient lists, are accurate, complete, current, reliable, or error-free.    

Limitation of Liability

The Koala Parties will not be liable for any damages of any kind arising from your use of any Koala Service, or from any information, content, materials, products, or other services provided to you through the Koala Service, including without limitation, lost profits, direct, indirect, incidental, punitive, or consequential damages even if Koala is aware or has been advised of the possibility of such damages. 

Notwithstanding anything to the contrary, Koala’s aggregate liability, regardless of the number of claims, is limited to the fees paid by you for the particular Koala Services giving rise to your claim during the twelve (12) months prior to the initial action giving rise to your claim. You further agree that any claim you have against Koala must be brought within two 2 years of the event giving rise to such claim. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the above exclusion may not apply to you. 

Disputes & Governing Law

Any dispute or claim relating in any way to your use of any Koala Service, or to any products or services sold or distributed by Koala will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

You agree that, in the event of any dispute between you and Koala, you will first contact Koala in writing and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any arbitration or court action. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), subject to the provisions in these Terms.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company at 84 State Street Boston, MA 02109. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Koala will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Any arbitration under these Terms will take place on an individual basis – class, consolidated or representative arbitrations and class, consolidated or representative actions are not permitted. You understand that by agreeing to these Terms, you and Koala are each waiving the right to trial by jury or to participate in a class, consolidated or representative action or class, consolidated or representative arbitration.

You agree that the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws principles or provisions, will govern these Terms and any disputes arising from or in connection with these Terms or your use of Koala Services.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to 179 South Street STE 100 Boston, MA 02111. This notice must be sent within thirty days of your purchase, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Koala also will not be bound by them. 

Prohibited Parties

You may not use the Koala Services if you are subject to U.S. export control and economic sanctions laws and regulations. By using the Koala Services, you represent and warrant that you are not located in a country or territory that is subject to U.S. sanctions and you are not designated as a “Specially Designated National” by the U.S. government.

Copyright 

Koala respects the intellectual property of others. If you have a copyright concern, please contact us at hello@koala.health or by mail at 179 South Street STE 100 Boston, MA 02111.  

Please provide notice of specific identification of the copyrighted work that you claim has been infringed, the specific location of the work (URL), and your contact information. Please also include a statement made by you, under the penalty of perjury, that your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Koala will promptly respond to proper notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act.

Entire Agreement, Severability & Waiver

These Terms and the policies, notices and additional terms specified in these Terms constitute the entire agreement between you and Koala. If any provision of these Terms or associated policies, notices or additional terms is deemed to be invalid, void, or unenforceable, such provision shall be deemed severed and the remaining provisions shall remain in full force and effect. Any delay or failure by Koala to enforce any provision of this Agreement does not waive Koala’s right to do so later.

Force Majeure

Koala is not liable for any delay or failure to perform any of its obligations if such default or delay is caused directly or indirectly by forces beyond Koala’s reasonable control, including, natural disasters and acts of God, fires, floods, or earthquakes, labor disputes, acts of war or terrorism, interruptions to transportation or communications, supply shortages, or any delivery or production failure or delay by a third party.

Assignment 

You may not transfer, delegate or assign your Koala Account, or your rights or obligations associated with your Koala Account, to another party without Koala’s prior consent. Koala may transfer, delegate or assign these Terms and any associated policies and notices, or some or all of Koala’s rights and obligations to any Koala affiliate, subsidiary, parent or other acquirer of all or substantially all of Koala’s business, at Koala’s sole discretion.

Contact Information

For questions or concerns about these Terms, please contact us via email at hello@koala.health, mail at Koala Pet Health Services LLC, 179 South Street STE 100 Boston, MA 02111, or phone at (866) 445-6252.