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TERMS OF USE

Overview

This website and mobile application are operated by Where My Paws At Portal (collectively, the “Company,” “we,” “us,” or “our”). The following terms and conditions, (collectively, these “Terms of Use”), govern your access and use of our website and/or mobile application, including any content, functionality and services, discounts offered on or through our websites and/or App.

By using the Website and/or mobile application or purchasing services or products from Where My Paws At Portal, you agree and accept the Terms of Use and our Privacy Policy, herein incorporated by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or mobile application.
By agreeing to these Terms of Use, you agree you are 21 years of age or over or possess legal parental or guardian consent. Persons under the age of 21 years of age may only use our website and/or application with legal parental or guardian consent.

Changes to Terms of Use

We have the right to revise and/or update these Terms of Use at our discretion. All changes are effective immediately when published and apply to all access to and use of the Website and/or App thereafter.

Your use of the website and/or application following the published revised Terms of Use means you agree to the changes.

Website, Application and Security

We reserve the right to withdraw or amend the Website and/or Application, and any services or products provided on the Website and/or Application, in our discretion without notice. We are not liable if all or any part of the Website and/or Application is unavailable at any time. Occasionally, we may restrict access to parts of the Website and/or Application, or the entire Website and/or Application, to users.

To access the Website and/or Application you will be asked to provide certain registration details or other information. It is a condition of your use of the Website and/or Application that all the information you provide on the Website and/or Application is correct, current, and complete. You agree that all information you provide to register with the Website and/or Application, including but not limited to through the use of any interactive features on the Website and/or Application, is governed by our Privacy Policy, and you agree to actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you should treat such information as confidential. You must not disclose it to any other person or entity. You acknowledge your account is personal to you. You agree to notify us immediately of any unauthorized access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any username or password, whether chosen by you or provided by us, at any time in our discretion for any or no reason, including if, in our opinion, you have violated these Terms of Use.

Intellectual Property

The Website and/or Application and its contents, features and functionality are owned by the Company, its licensors or other providers of such material and are protected by copyright and other intellectual property or proprietary rights laws.

These Terms of Use allow you to use the Website and/or Application for your personal use only. You must not copy, distribute, modify, republish, download, store or transmit any of the material on our Website and/or Application,.

Copyright and Trademarks

The Company name, the Company logo and all related logos, names, products, designs, and slogans are copyrights and/or trademarks of the Company or its affiliates or licensers. You must not use such marks without prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website and/or Application are the copyrights or trademarks of their respective owners.

Prohibited Use

You agree not to use the Website and/or App:

  • Attempt to exploit or harm minors in any way
  • Attempt to exploit, harm or sell animals in any way
  • Engage in conduct that restricts use or enjoyment of the Website and/or App, or which, determined by us, can harm the Company or users of the Website and/or App or expose them to liability.
  • Use the Website and/or App in any manner that could damage, or impair the Website and/or App, or interfere with other party’s use of the Website and/or App, including their ability to engage in activities through the Website and/or App.
  • Use any spider, robot or other automatic devices, process or means to access the Website and/or App for any purpose, including monitoring or copying any of the material on the Website and/or App.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Use any manual process to monitor or copy any of the material on the Website and/or App or for any other unauthorized purpose without our consent.
  • Use any device or software that interferes with the Website and/or App.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website and/or App, the server on which the Website and/or App is stored, or any server, computer or database connected to the Website and/or App
  • Attack the Website and/or App
  • In a way that violates state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software).


User Information

The Website and/or App may contain blogs, personal profiles, and other interactive features (collectively, “Interactive Services”) that allow users to submit, post, publish, display or transmit to other users or other persons (hereinafter, “ post”) content or materials (collectively, “User, User Information or Users”) on or through the Website and/or App.

All Users must comply with the Standards set out in these Terms of Use.

Any User information you post to the Website and/or App will be considered non-confidential. By providing User information on the Website and/or App, you allow us and our affiliates the right to use, modify, display, distribute and otherwise disclose to third parties any such material according to your account settings.

You permit that:

  • You own all rights in and to the User Information.
  • All your User Information will comply with these Terms of Use.

You acknowledge and understand you are responsible for any User Information you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Information posted by you or any other user of the Website and/or App.

Termination

We have the right to:

  • Refuse or remove any User for any reason.
  • Take necessary action we deem appropriate in our discretion, if we believe that such User violates the Terms of Use, including any intellectual property right or other right of any person or entity, threatens the personal safety of users and/or pets of the Website and/or App or the public or could create liability for the Company.
  • Disclose your identity or other information about you and/or your pet to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action for any illegal or unauthorized use of the Website and/or App.
  • Suspend or terminate your access to the Website and/or App for any violation of these Terms of Use.

We have the right to cooperate with law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and/or App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Website and/or App. We cannot ensure immediate removal of material after it has been posted. We assume no liability for action or inaction regarding communications or content provided by any user or third party. We have no responsibility or liability to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all Users and use of Interactive Services. Users must comply with all applicable state, local and international laws, and regulations. Without limiting the foregoing, Users must not:

  • Use any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
  • Deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they are endorsed by us or any other person or entity, if this is not true.


Copyright Infringement

If you believe any User violates your copyright, please send notice to [email protected]. It is policy of the Company to terminate the user accounts of repeat offenders.

Responsibility and Liability

We do not accept responsibility for the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility from any reliance placed on such materials by you or any other visitor to the Website and/or App, or by anyone who may be informed of any of its contents.

The Website and/or App may include content provided by third parties. Statements and/or opinions expressed in these materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website and/or App

Content on the Website and/or App may from time to time, be updated. Its content is not necessarily complete or up to date. Material on the Website and/or App may be outdated at any given time. We are under no obligation to update such material.

Your Information and Visits to the Website and/or App

Information collected on the Website and/or App is subject to our Privacy Policy. Using the Website and/or App, you agree to actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases

Any purchases through our Website and/or App or other transactions for the sale of goods or services formed through the Website and/or App or Third Parties as a result of visits made by you, are governed by our Terms of Sale, which are incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific services, features or produces of the Website and/or App. All additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Sharing and Social Media Features

You must not establish any link to suggest any form of partnership, affiliation, approval, or endorsement on our part without our written consent or without completing our Vendor Registration Form.

The Website and/or App may provide certain features that enable you to:

  • Share or link from your own or third-party websites to certain content on the Website and/or App.
  • Send notifications, e-mails or other communications with certain content, or links to certain content, on the Website and/or App.
  • Cause limited portions of content on the Website and/or App to be displayed on your own or certain third-party websites and/or App.

You must not:

  • Link any website that is not owned by you.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

The website you are linking, or on which you make content accessible, must comply with the Standards set out in these Terms of Use.

You agree to cooperate in any unauthorized linking to cease immediately. We reserve the right to withdraw linking permission without any notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the Website

Links to other sites and resources provided by third parties are provided for your convenience only. This includes links contained for advertisements, banner advertisements or sponsored links. We have no control over the contents of those sites and accept no responsibility for them, or for any damage or loss that may occur from your use of them. If you access third-party websites linked to the Website and/or App, you do so at your own risk.

Disclaimer of Warranties

You understand we cannot and do not guarantee or warrant those files available for downloading from the Website and/or App are free from viruses or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and accuracy of data. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY AN ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

USE OF THE WEBSITE AND/OR APP, ANY SERVICES OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE AND/OR APP IS AT YOUR OWN RISK. THE WEBSITE AND/OR APP, ITS CONTENT AND ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE AND/OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND/OR APP OR THAT THE WEBSITE AND/OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE AND/OR APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and/or app, including, but not limited to, your User Information, any use of the Website’s and/or app content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website and/or app.

Governing Law and Jurisdiction

All matters relating to the Website and/or app and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Dubai Courts, without giving effect to any choice or conflict of law provision or rule (whether of the Dubai Courts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website and/or app shall be instituted exclusively in the courts Dubai, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation For Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE AND/OR APP MUST BE MADE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

This Terms of Use, our End User License Agreement , Rules of Use , Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and the Company with respect to the Website and/or app and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and/or app.

CONTACT

The Website is operated by:

WHERE MY PAWS AT PORTAL
Dubai, UAE
[email protected]