User Terms & Conditions of Service
Petbulb is a mobile application made available through the facilities of global service providers for mobile customers provided by Petbulb Corp. and other affiliates (collectively, “Petbulb”, “we”, “us”, “our” and the “Company”). Click here for more details about Petbulb. The following Terms and Conditions (the “Terms”) form a binding agreement between you and the Company.
YOU ACKNOWLEDGE THAT PETBULB DOES NOT PROVIDE PET CARE OR CAREGIVING SERVICES.
PETBULB DOES NOT GUARANTEE THE QUALITY OR AVAILABILITY OF PET CARE SERVICES OR PET PRODUCT DEALS. PETBULB WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU, A PET STORE, PET CARE SERVICE PROVIDERS, AND/OR ANY OTHER INDIVIDUAL, LAW ENFORCEMENT OFFICIAL OR GOVERNMENT BODY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING INDIVIDUALS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF PET CARE PRODUCTS OR SERVICES IS AT YOUR OWN RISK AND JUDGMENT. PETBULB SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTION OR RELATIONSHIP WITH ANY INDIVIDUAL, OFFICIAL OR GOVERNMENT BODY.
These Terms and Conditions are for users of the Petbulb mobile application (the “App”) and the Petbulb website (the “Website” and, collectively with the App, the “Services”).
1. YOUR USE OF PETBULB
1.1 You can use the Services if you have registered to do so. We will not allow you to join (in our sole discretion) where you do not provide the requisite information for registration. Your access to and continued use of the Services constitutes your acceptance of and compliance with the Terms herein. If you do not agree to these Terms, you should immediately discontinue any use of the Services. Also note that these Terms may change from time to time and it is your responsibility to check for such updates.
1.2 You agree that Petbulb does not take responsibility for the services or products found in connection with the App.We cannot guarantee the services’ or products’ levels of quality. Petbulb serves only as a tool and platform to connect pet owners and to make them aware of local products deals and services. The ultimate decision as to whether to purchase a product or retain any type of service is entirely up to the discretion of the user. Petbulb takes no responsibility with respect to any events that occur after the App has been used to purchase a product or retain a service.
1.3 You agree and promise:
1.3.1 that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details using the App;
1.3.2 your use of Petbulb grants you no rights with respect to our intellectual property rights (including, without limitation, copyright, trademarks, trade names (including “Petbulb”, “Petbulb”, etc.), logos, graphics, photographs, animations, videos and text or rights in and to the Petbulb software, applications, the App and the Website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms. The content on the Services, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) and the trademarks, trade names, service marks and logos contained therein (collectively, “Marks”), are owned by or licensed to Petbulb Corp., subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Services is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Petbulb Corp. reserves all rights not expressly granted to you above. You agree not to engage in the use, copying, or distribution of any content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content therein;
1.3.3 that you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service;
1.3.4 to refrain from doing anything which is fraudulent, negligent or which we reasonably believe to be disreputable or capable of damaging our reputation;
1.3.5 and acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Services. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us. The Services may contain links to third party websites that are not owned or controlled by us and we assume no responsibility for these third party websites. By using the Services you expressly release and discharge us from any and all liability arising from your use of any third-party website;
1.3.6 that you will comply with all applicable laws and regulations, and the Terms;
1.3.7 to only submit reviews of services or products with the honest belief that such review accurately depicts the user’s experience with, and the level of quality of, the service or product. You represent and warrant that all information submitted with regards to services and productsare submitted in good faith.You further represent and warrant that none of the information provided by you with respect to services or products is fraudulent or has been submitted in bad faith or with the intention to cause nuisance, annoyance or inconvenience to any individuals; and
1.3.8 that we have the right to suspend the processing of any posting or any submission on your behalf where we reasonably believe that the submission may be fraudulent, illegal, for the purpose of causing a nuisance or inconvenience, or involve any criminal activity or where we reasonably believe you to be in breach of these Terms.
1.4 You acknowledge and agree that we are not responsible for the behavior, actions or inactions of pet service providers or pet product manufacturers, merchandisers or sellers, or any other entity, whether or notsuch entity is a user of the Services. Petbulb disclaims any and all liability related to your interaction with, or provision of services to,pet service providers or pet product manufacturers, merchandisers or sellers, end-users, police officers, police cadets or municipal law enforcement officers, or any other entity whether or not such entity is a user of the Services.
1.5 You are responsible for ensuring that all persons who access Petbulb through your Wi-Fi or internet connection are aware of these Terms, and that they comply with them.In the event that someone accesses the Website or the App using your account information, we will rely on that information and will assume that it is really you or your representative who is accessing the Website or the App. You are solely responsible for any and all use of your account information and all activities that arise in connection with the account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as deemed necessary or reasonable, to ensure the security of our Website and your account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Website or the App under your account information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Petbulb be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Petbulb under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password. You may not use another’s account at any time, without the permission of the account holder. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.
1.6 You acknowledge the Internet is not a secure medium and privacy cannot be ensured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
1.7 You warrant that any information submitted by you through the Services does not infringe on the intellectual property or other rights of any third parties and you warrant that any data submitted to Petbulb shall be free of computer viruses.
1.9 By using the Services, you further agree that:
1.9.1 you will only use the Services or download the App for your sole, personal use and will not resell it to a third party;
1.9.2 you will not authorize others to use your account;
1.9.3 you will not assign or otherwise transfer your account to any other person or legal entity;
1.9.4 you will not use an account that is subject to any rights of a person other than you without appropriate authorization;
1.9.5 you will not use the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
1.9.6 you will not use the Services to cause nuisance, annoyance or inconvenience;
1.9.7 you will not impair the proper operation of the network;
1.9.8 you will not try to harm the Services in any way whatsoever;
1.9.9 you will not copy, or distribute the Services or other content of Petbulb without prior written permission from Petbulb;
1.9.10 you will keep secure and confidential your account password or any identification we provide you which allows access to the Services;
1.9.11 you will provide us with whatever proof of identity we may reasonably request;
1.9.12 you will only use an access point or internet/data connection (including, without limitation, WIFI, edge, 3g, 4g and LTE) which you are authorized to use;
1.9.13 you are aware that when uploading, sending, or otherwise transmitting photographs of potential traffic violations via local cellular service providers (if available in your jurisdiction), standard wireless and datacharges will apply;
1.9.14 you will not use the Services with an incompatible or unauthorized device;
1.9.15 you will comply with all applicable law from your home nation, the country, provincial, state and/or city in which you are present while using the Services; and
1.9.16 you agree to cooperate with and support us (including through the provision of relevant information) in the event of a dispute over any posting or submission made on your behalf.
2.1 It is free to download the App.
3. TERMINATION AND ENFORCEMENT
3.1 We reserve the right to terminate these Terms and close any account you have with us at any time with or without notice. We may, in our sole discretion, immediately terminate your account and your access to the Website and/or the App without notice, for any or no reason, including if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
3.2 We reserve the right to suspend, restrict or terminate your access to the Website and/or the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
3.3 You are under no obligation to use the Services and may simply choose to stop using the Website and/or the App at any time.
3.4 You may close your account by following the instructions on the App.
3.5 We are not liable to you or any other party for any termination of your account or access to our Website and/or the App. Termination of your account will not modify, change or void any payment obligations you may have incurred through your use of the Website or the App, whether such obligation is to us or a third party.
3.6 We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.
3.7 We reserve the right (but have no obligation under these Terms) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate any Terms, including suspending or terminating your account and/or reporting you to law enforcement authorities.
3.8 We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website and/or the App. You waive and hold harmless the Company from any claims resulting from any actions taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
4.1 We make no representation or warranty, either expressed or implied, or otherwise. Any statutory warranties are disclaimed to the maximum extent permitted by law and you hereby waive the benefit of any statutory warranties to the maximum extent permitted by law.
4.2 If you are not satisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Website and/or the App. In no event shall Petbulb be liable for damages of any kind, whether arising in contract (including breach of these terms), tort, negligence or under any other legal theory, arising out of or in connection with: (i) your use of or inability to use or access the Services, (ii) your use or inability to use or access any websites linked to the Website, and (iii) any content of the Services or such other websites or any services obtained through the Services or other such websites, including without limitation any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, lost opportunities and whether caused by tort (including negligence and strict liability), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability, which cannot be excluded or limited under applicable law.
4.3 We are not responsible and will not refund for: (i) losses not caused by our breach; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any manufacturer, seller, or service provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (iii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of other Petbulb users or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (iv) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any Reported Entities or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom; (v) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; (vi) failure to provide Petbulb or to meet any of our obligations under these Terms where such delay, cancellation or failure is due to events beyond our control (e.g., a network failure, internet delays, rerouting acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); or (vii) if for any reason, all or any part of the Website and/or the App are unavailable at any time or for any period.
4.4 You may be exposed through the Website and/or the App to content that violates our policy or is otherwise offensive. You access the Website and the App at your own risk. We may, but are not obligated to, remove content from the Website and/or the Appfor any reason, including if we determine or suspect that such content violates these Terms. We take no responsibility for your exposure to content of the Website and/or the Appwhether or not it violates our content policies. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties. The Website and/or the App may contain links to websites not operated by us. We are not responsible for the content, products, materials or practices (including privacy practices) of such websites.
4.6 To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
5. DISCLAIMER OF WARRANTIES:
5.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Website or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
5.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Website and/or the App or any services obtained through the Website and/or the App or to your downloading of any material posted on the Website and/or the App, or any website linked to it.
5.3 Your use of the Website and the App, its content and any services obtained through the Website and the App is at your own risk. The Website, its content and any services obtained through the Website and the App are provided by the Company on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranties, guarantees or representations with respect to the completeness, security, reliability, timeliness, quality, suitability, accuracy or availability of the Website, the App and/or the Services.
5.4 Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its contents or any services obtained through the Website or the App will be accurate, reliable, timely, secure, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services obtained through the Website or the App will otherwise meet your needs, requirements or expectations.
5.5 The Company hereby disclaims all warranties of any kind,either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, title, non-infringement and fitness for a particular purpose.
5.6 You acknowledge and agree that the entire risk arising out of your use of the Services, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
5.7 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
You covenant and agree to compensate, defend, and fully indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, its licensors and their respective officers, directors, employees, shareholders, members, attorneys, contractors, agents, licensors, and suppliers from and against any and all claims, legal proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses or fees (including reasonable attorneys’ fees and costs), including but not limited to those arising out of or in connection with (i) your violation or breach of any of these Terms or your use of the Website or the App, including, without limitation, any use of the Website’s content and services other than as expressly authorized in these Terms or your use of any information obtained from the Website or the App, (ii) any dispute that arises between you and any individual including, without limitation, a pet service provider or pet product manufacturer, merchandiser or seller, (iii) any infringement by you in relation to your use of the Services under applicable law in your home nation or the country, state and/or city in which you are using, or have used, the Services, or (iv) otherwise as a result of your fraud, negligence, mischiefor willful misconduct. You agree not to settle any such matter without the Company’s prior written consent.
You hereby release the Company, its officers, employees, shareholders, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Petbulb users or third-party websites.
8. SMS MESSAGING (TEXT MESSAGES) AND OTHER COMMUNICATIONS
In engaging our Services you may be sent text message(s), e-mails and/or push notifications which provide you with important and useful information regarding our Services. You will be charged your mobile telephone network provider’s standard rate for receiving these SMS messages and standard wireless and data charges will apply to any e-mails or push notifications. Petbulb does not charge you for this correspondence. Your mobile telephone network provider may impose message, standard wireless and/or data charges or charge limitations which are beyond our control and for which you will be solely responsible.
By engaging our Services, including registering, you agree to receive text messages, e-mails and push notifications relating to our Services.
You warrant that you are the owner of the mobile telephone to which you have requested the SMS message(s), e-mails and push notifications should be sent to and that you have full authority to authorize such charges and will be solely responsible for charges, if any, to be incurred by the relevant mobile telephone network provider.
We are not liable for any delays or failures in your receipt of any SMS message(s), e-mails or push notifications as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device.
We reserve the right to suspend or terminate the SMS service without notice to you.
9. NEGATIVE COVENANTS
You hereby agree that you will not:
(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
(b) modify or make derivative works based upon the Services;
(c) create Internet “links” to the Service or “frame” or “mirror” the Website or the App on any other server or wireless or Internet-based device;
(d) reverse engineer or access the Services in order to:
(i) design or build a competitive product or service,
(ii) design or build a product using similar ideas, features, functions or graphics of the Services, or
(iii) copy any ideas, features, functions or graphics of the Services, or
(e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
10.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard or service you receive under these Terms. As set out in clause 3.3, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
10.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any situation where you breach these Terms. The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
10.3 You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
10.4 If any part of these Terms is disallowed or found to be ineffective, invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to apply.
10.5 The headings contained in these Terms are for reference purposes only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement.
10.6 These Terms are not intended to give rights to anyone except you and us.
10.7 We are constantly looking for ways to improve and expand the Services. We may, in our sole discretion, amend or modify these Terms from time to time. It is your responsibility to check these Terms, as they are binding on you. Your continued use of the Website and/or the App following the posting of changes to these Terms constitutes acceptance of any changes. You can terminate at any time as set out above.
10.8 This Agreement shall be governed by and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the choice or conflicts of law rules. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the provincial and federal courts located in the Province of Ontario with the exception that the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and propriety rights. You irrevocably consent to the jurisdiction of and venue in such courts (and of the appropriate appellate courts therefrom) and irrevocably waive, to the fullest extent permitted by law, any objection that you may have now or hereafter as to inconvenient forum.
10.9 No joint venture, partnership, employment or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Services.
10.10 These Terms and Conditions constitute the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
10.11 These Terms and Conditions were last updated on May 10th, 2017.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PETBULB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PETBULB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.