Healthy Horse Club – Terms & Conditions

This contract is between you and Dukes Equine Vets Ltd. Your plan is administered by Merlin Simple Payment Solutions Ltd for and onbehalf of Dukes Equine Vets Ltd. This includes passing on fees to Dukes Equine Vets Ltd on a monthly basis. Merlin Simple Payment Solutions, referred to as Merlin SPS, is a company registered in Scotland (Company number SC697206), having its registered office at Q court, 3 Quality Street, Edinburgh, United Kingdom, EH4 5BP.

The following points make up the terms and conditions of the contract between you and Dukes Equine Vets Ltd, we recommend that you read them carefully at the start of your contract.

1. Definitions of terms used

Contract means the plan agreement between you and Dukes Equine Vets Ltd., to which you have agreed and which comprises these terms and conditions. You means the holder of the plan who has agreed to the terms and conditions and who is named as the primary contact for the plan in our records. Your horse means the animal named when joining the plan and the beneficiary of treatment under the plan. Plan means the Healthy Horse Club plan offered by Dukes Equine Vets Ltd, that covers specified treatment required to maintain your horses’s health. Plan year means the iterative cycle of twelve consecutive months starting from the beginning of the contract and any 12-month period thereafter.

2. Treatment to which you horse is entitled

The contract entitles your horse to receive the routine and preventive treatment required to maintain their health as prescribed by Dukes Equine Vets Ltd. On the premium plan this currently includes annual vaccination for Flu and/or Tetanus, two routine dentals with sedation, three faecal worm egg counts and one health check at the time of vaccination (to include check of heart, eyes and trot up). On the standard plan this currently includes annual vaccination for Flu and/or Tetanus, one routine dental with sedation and three faecal worm egg counts. Routine dental treatment only, by hand or motorised equipment. This does not include extractions complex procedures or further investigations. Sedation as required for dental treatment only. Visit fees are not included in the plan. Dukes Equine Vets Ltd reserve the right to review and amend plan content as they see fit, giving no less that one months’ notice to the plan holder.

3. Treatment to which your horse is not entitled

This Contract is limited to the provision of routine preventive health care and only entitles your horse to the treatment required to maintain its health, as specified by Dukes Equine Vets Ltd. There is no insured benefit under the contract, and this contract is not a substitute for horse insurance. The contract does not entitle your horse to:

• The cost of examinations or visits that may or may not precede clinical treatment.

• Any treatment deemed clinically necessary by your veterinary practice in the event of illness (short-term or long-term) and injury.

• Any medications or general health improvers (such as vitamins or ‘nutraceuticals’) • Any treatment after the plan has been cancelled.

4. Treatment of other animals

The Contract is for the horse named when joining the plan and is not transferable between animals.

5. Monthly plan fee

The monthly plan fee for the Premium or Standard plan is determined by Dukes Equine Vets Ltd.

6. Payment of fees

Your contract is a monthly contract and will continue from month to month until it is ended by either you or Dukes Equine Vets Ltd. You must pay the monthly fee by direct debit in favour of Merlin SPS as a collecting agent for Dukes Equine Vets Ltd. The direct debit is payable to Merlin’s Client Account. Your monthly subscription fee will be deemed to be received by Dukes Equine Vets Ltd when it is received by Merlin SPS. Your monthly subscription fee will be deemed to be settled when it is received by Merlin SPS. Any other amounts due to Dukes Equine Vets Ltd for treatment not covered by this contract are payable directly to Dukes Equine Vets Ltd. Dukes Equine Vets Ltd reserve the right to suspend your plan until any overdue debt to the practice is paid in full. Your liability to pay the monthly fee continues until the contract is ended in accordance with these terms and conditions (see section 9 and 10). No refund of fees will be allowed except in the case of an administrative error.

7. Alteration of monthly plan fee

Dukes Equine Vets Ltd reserves the right to review your horse’s monthly plan fee once a year and your monthly plan fee may change as a result. You will be given at least one months’ notice of any changes to your monthly fee and any notice sent to the payers email address (if provided) or last known postal address will be treated as adequate notice. You will be entitled to terminate pursuant to section 10 without liability if you do not accept the increased monthly plan fee. If you tell us that you want to terminate during the notice period detailed in this section, you will not be charged the increased monthly plan fee.

8. Direct debit changes

Following a decrease in your monthly fee, your monthly plan fee will be automatically changed at the next available direct debit collection date. Where you are given notice of an increase in your monthly fee, your monthly plan fee will be increased at the end of the one month notice period. If you need to change your bank details or direct debit collection date, please contact Dukes Equine Vets Ltd at least 10 working days prior to the collection due date. There is no fee attributable to this change. If however, any of your Direct Debit payments are returned to Dukes Equine Vets Ltd unpaid, we will be entitled to charge an administration fee, as narrated below.

9. Your responsibilities

You are responsible for ensuring your horse is booked in to receive treatments, or treatment / items are collected from your veterinary practice, depending on the treatment / item. You are responsible for ensuring that Dukes Equine Vets Ltd is provided with up-to-date contact information for you, including your postal address, email address and telephone number. You are also responsible for informing Dukes Equine Vets Ltd if your horse is lost, stolen or deceased. If in the reasonable opinion of Dukes Equine Vets Ltd, they are not able to maintain your horse’s health due to any act or omission on your part, Dukes Equine Vets Ltd may end the contract with immediate effect.

10. Ending the contract

You may cancel the contract by giving no less than one calendar months’ notice in writing to Dukes Equine Vets Ltd or Merlin SPS expiring on the last payment date. If you cancel at any time other than on an anniversary of joining the plan, Dukes Equine Vets Ltd may charge you either, the outstanding amount for treatment received, or the monthly payments due until the anniversary of your plan, whichever is lower. Dukes Equine Vets Ltd may end your contract for any reason by giving you not less than one months’ notice and notice given, will be deemed valid if sent to the payer’s last known postal address. If in the reasonable opinion of Dukes Equine Vets Ltd, they are not able to maintain your horse’s health due to any act or omission on your part, Dukes Equine Vets Ltd may end the contract with immediate effect. Dukes Equine Vets Ltd may also end this contract if in their reasonable opinion you, and or any person who is involved to your horse’s care, are aggressive and/or abusive to any of your veterinary practice’s staff.

11. Non-payment

If your direct debit payment fails, it will automatically be represented for payment 5 working days later. If the attempt to take payment fails a second time, your contract will be automatically suspended and you will not receive any benefits or services of the healthcare plan. In these circumstances, Dukes Equine Vets Ltd will contact you to ascertain whether you with for the payment request to re-presented to your bankfor a second time. If you wish for the payment request to be represented, you must confirm this to Dukes Equine Vets Ltd within 21 days of the date of the failed payment and Merlin SPS will re-present the payment request to your bank within 3-5 working days. In the event that Dukes Equine Vets Ltd, is again unable to collect the monthly plan fee, they reserve the right to charge a £10 administration fee. This administration charge will be adde3d to your account. If either (a) as outlined above, you fail within 21 days to confirm to Dukes Equine Vets Ltd that they may re-present the payment request, or (b) the third payment attempt is unsuccessful, your healthcare plan will be cancelled automatically. If your healthcare plan is cancelled automatically because of failed direct debits, you will be charged the full price of any products and services received during the course of your contract.

12. Refunds

If your monthly payment is refunded by Merlin SPS for whatever reason, the plan will be subject to the conditions of Non-Payment (see Section 11) for those months that have been refunded.

13. Variation of these terms and conditions

The terms and conditions of your contract may be varied by Dukes Equine Vets Ltd or by Merlin SPS on Dukes Equine Vets Ltd’s behalf. You will be given at least one month’s written notice of any changes. Details of the variation will be sent to the plan fee payer’s last known postal address or email address. If you don’t want to accept the changes you have the right to cancel – in line with Condition 10. You will not have to pay any more than one month’s plan fee if you are cancelling because of the variations to the terms. You will be deemed to have accepted the variations after the one month’s notice period expires if you have not exercised your right to cancel the plan.

14. Liabilities

Merlin SPS administers your horse’s plan on behalf of Dukes Equine Vets Ltd. The contract is not with Merlin SPS and to the extent permitted by law Merlin SPS has no liability to you whether in respect of tort (including negligence), breach of contract, defective or unsatisfactory treatment in connection with any plan it administers on behalf of your veterinary practice. This does not affect any right or remedy you may have against your veterinary practice. Merlin SPS has no obligation to pay to Dukes Equine Vets Ltd any fees not received by us from you, or any monies owed to you by Dukes Equine Vets Ltd.

15. Your personal data

We operate strict procedures to ensure that your personal data is kept safe and secure. The main purpose for which Merlin SPS and Dukes Equine Vets Ltd holds and uses your personal data is to enable the administration of your horse’s plan. Your personal data may be shared with other relevant persons involved in the administration of your horse’s plan (for example the horse owner if different to the plan payer) and other persons appointed by the plan holder (for example under a power of attorney arrangement). Your personal data may also be shared with persons who provide administrative services to Merlin SPS and Dukes Equine Vets Ltd, and to persons engaged in fraud detection and prevention. Both Dukes Equine Vets Ltd and Merlin SPS will take all reasonable precautions to ensure the safety of your data. Your data will not be shared with other organisations for their marketing activities. Dukes Equine Vets Ltd and Merlin SPS may record and monitor inbound and outbound telephone calls for training purposes. These calls may also be referred to in relation to any future queries. You have the right to know what personal data is held about you, why it is held, how it is used, how long it is held and to whom it is disclosed. If you wish to find out about any of these things or if you would like to change your personal data preferences please write to Dukes Equine Vets Ltd. Upon joining the plan, you also consent to the disclosure of your horse’s medical records to Dukes Equine Vets Ltd for the purpose of review and assessment in advance of joining the plan.

16. Complaints and disputes

All complaints or disputes relating to treatment should be directed to Dukes Equine Vets Ltd in accordance with their in-house complaints procedure. Should you have a complaint about the administration of your plan please contact: Merlin SPS at office@merlinsps.co.uk or 01573 401421.

17. Governing law and jurisdiction

This contract shall be governed by and construed exclusively in accordance with the Law of Scotland. The parties consent to the exclusive jurisdiction of the Courts of Scotland.