Last updated: May 01, 2015
Your access to and use of the Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Website.
- Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
- By posting Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.
- If you post Content, you represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
- the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- We reserve all rights to block or remove communications or materials that we determine to be:
- abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- in violation of a copyright, trademark or, other intellectual property right of another; or
- offensive or otherwise unacceptable to us in our sole discretion.
- You acknowledge that by providing you with the ability to view and distribute user-generated Content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. Any reliance upon the Content shall be at your own risk. It is your responsibility to verify any information on the Website or provided to you by the Website before relying on it. We recommend that you investigate for yourself the suitability, quality and condition of any goods or services advertised on the Website.
Without limiting the generality of the foregoing, we make no guarantees in relation to the following:
- the physical health or fitness of any pets advertised on the Website;
- the quality, safety or legality of any pets, items or services advertised on the Website;
- the accuracy or truth of any advertising listings or Content in general on the Website; or
- the ability of users to enforce or complete a transaction.
- Any Content relating to pet nutrition, health or fitness provided from time to time is for informative purposes only and should not be a substitute for advice provided by a veterinarian or other expert or professional and we encourage you to consult such professionals for any concerns regarding pet health and nutrition.
- When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
- You are responsible for safeguarding the password that you use to access the your account and for any activities or actions under your password, whether your password is with our Website or a third-party service.
- You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Using the Website
- You will post in the appropriate category or area of the Website and will not do any of the following:
- violate any laws;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Website or the interests or property of the Website users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Website;
- copy, modify, or distribute any other person's Content;
- use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to the Website.
- Abusing the Website Services
- Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Website working properly. We may limit or terminate our services, remove hosted content and take technical and legal steps to keep users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website or not, we do not accept any liability for monitoring the site or for unauthorized or unlawful content on the site or use of the site by users.
- Fees and Services
- Using our Website is generally free. We may charge fees for certain services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the Website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they become due. Your failure to pay fees may limit your ability to use the Website or access to your account.
- Intellectual Property
- The Website and all of its content, including but not limited to text, images, graphics or code are the property of CanadaPups.com and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Website only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of CanadaPups.com or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.
- Links to Other Web Sites
- The Website may contain links to third-party web sites or services that are not owned or controlled by CanadaPups.com You acknowledge that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CanadaPups.com 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 websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- We may terminate or suspend your access to our Website services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
- All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.
- You agree to indemnify, defend and hold harmless CanadaPups.com, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to:
- legal and accounting fees resulting from your use of the Service;
- your breach of any of these Terms;
- anything you post on or upload to the Service; or
- any activity related to your account, which may include any negligent or illegal conduct by you or any person or entity accessing the Service using your account regardless of whether such access is obtained via fraudulent or illegal means.
- Limitation of Liability
- CanadaPups.com, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:
- your access to or use of the Service;
- your inability to access or use the Service;
- any conduct or content of any third-party on or related to the Service;
- any content obtained from or through the Service; or
- the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- 11. Disclaimer And Non-Waiver of Rights
- CanadaPups.com makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
- CanadaPups.com its subsidiaries, affiliates, and its licensors do not warrant that:
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
- If you breach any of these Terms and CanadaPups.com chooses not to immediately act, or chooses not to act at all, CanadaPups.com will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. CanadaPups.com does not waive any of its rights. CanadaPups.com shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
- You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
- As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
- Governing Law
- These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
- 14. Severability
- If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.
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Last updated: May 01, 2015
CanadaPups.com ("us", "we", or "our") operates the http://www.CanadaPups.com website (the "Website").
Personal Information Collect, Use, Disclosure and Consent
Personal Information collected by us may include your name, age, home address, phone number, and email address.
We are committed to providing our clients, customers, members ("you", "your" or "them") with exceptional service. Providing exceptional service may involve the collection, use and, at times, the disclosure of your Personal Information. Protecting your Personal Information is one of our highest priorities and we take measures to ensure that we comply with all laws regarding the collection, use and disclosure of Personal Information. We will inform you of why and how we collect, use and disclose Personal Information; obtain your consent, as required; and handle Personal Information according to applicable law. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to, and correction of, your personal information.
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Website.
We will only collect Personal Information that is necessary to fulfill the following purposes:
- To verify identity;
- To identify your preferences;
- To open and manage an account;
- To ensure you receive a high standard of service;
- To meet regulatory requirements; or
- Other legal reasons as apply to the goods and services requested.
We will obtain your consent to collect, use or disclose Personal Information. In some cases, we can do so without your consent (see below). You can provide consent orally, in writing, electronically or through an authorized representative.
You provide implied consent where our purpose for collecting using or disclosing your Personal Information would be considered obvious or reasonable in the circumstances. Consent may also be implied where you have notice and a reasonable opportunity to opt-out of having your Personal Information used for mail-outs, marketing or fundraising and you do not opt-out.
We may collect, use or disclose Personal Information without your consent:
- When permitted or required by law;
- In an emergency that threatens an individual's life, health, or personal security;
- When the Personal Information is available from a public source;
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt or protection from fraud;
- Other legally established reasons.
We will not sell your Personal Information to other parties.. We retain your Personal Information for the time necessary to fulfill the identified purposes or a legal or business purpose. We will make reasonable efforts to ensure that your Personal Information is accurate and complete. You may request correction to your Personal Information to ensure its accuracy and completeness. A request must be in writing and provide sufficient detail to identify your Personal Information and the correction being sought.
We are committed to ensuring the security of your Personal Information and may use passwords, encryption, firewalls, restricted employee access or other methods, in our discretion. We will use appropriate security measures when destroying your Personal Information such as shredding documents or deleting electronically stored information, in our discretion.
We may collect information that your web browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Website's functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of your Personal Information may be implied.
We may employ third party companies and individuals to facilitate our Website, to provide the Website on our behalf, to perform Website-related services or to assist us in analyzing how our Website is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links to Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your Minor has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Minors without verification of parental consent, we take steps to remove that information from our servers.