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Policies

Terms and Conditions 

Introduction

These terms and conditions govern your use of this website of EAT. SLEEP. FETCH.; by using this website in any manner, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

About these website terms and conditions

This website terms and conditions was made using a Contractology website terms and conditions template available at www.freenetlaw.com. Other precedents available from Contractology include precedent web design terms and conditions

License to use website

Unless otherwise stated, EAT. SLEEP. FETCH. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Except when the express written authorization of EAT. SLEEP. FETCH. is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this website. 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without EAT. SLEEP. FETCH.’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without EAT. SLEEP. FETCH.’s express written consent.

You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

Proprietary Rights

"eatsleepfetch.ca", EAT. SLEEP. FETCH. logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner. All content of this website, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by EAT. SLEEP. FETCH. or a EAT. SLEEP. FETCH. affiliate or by third parties who have licensed their rights to EAT. SLEEP. FETCH.. All such rights are expressly reserved.

Online Shopping

In order to purchase through this website you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this website  as payable by you. All prices listed on this website are in U.S. dollars and all charges will be processed in U.S. dollars. Furthermore, any product ordered or purchased from this website may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. EAT. SLEEP. FETCH. reserves the right to limit the quantities of certain products which you can purchase through the facilities of this website. In addition to any other rights or remedies, EAT. SLEEP. FETCH. may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this website at anytime.

Errors, Inaccuracies or Omissions

EAT. SLEEP. FETCH. makes every effort to ensure that the Content on this website is complete and current. However, EAT. SLEEP. FETCH. does not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. EAT. SLEEP. FETCH. reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, EAT. SLEEP. FETCH. reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, EAT. SLEEP. FETCH. shall promptly issue a credit to your credit card. 

Colours

Please note that although EAT. SLEEP. FETCH. attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

Delivery

If shipping or delivery services are made available by EAT. SLEEP. FETCH., EAT. SLEEP. FETCH. will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that EAT. SLEEP. FETCH. will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, EAT. SLEEP. FETCH. will notify you as soon as possible. 

Links To Other Internet Sites Are Not Endorsement

This website may contain links to other websites which are provided to you for your convenience. Please note that the provision of any links to other websites does not constitute an endorsement by EAT. SLEEP. FETCH. of such linked websites. All such other websites are wholly independent from this website and from EAT. SLEEP. FETCH. and EAT. SLEEP. FETCH. has no control or power over such other websites including their content. If you visit any of the linked websites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to EAT. SLEEP. FETCH. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to EAT. SLEEP. FETCH. the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or EAT. SLEEP. FETCH. or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

EAT. SLEEP. FETCH. reserves the right to edit or remove any material submitted to this website, or stored on EAT. SLEEP. FETCH.’s servers, or hosted or published upon this website.

Notwithstanding EAT. SLEEP. FETCH.’s rights under these terms and conditions in relation to user content, EAT. SLEEP. FETCH. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. EAT. SLEEP. FETCH. makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, EAT. SLEEP. FETCH. does not warrant that:

  • this website will be constantly available, or available at all; or 
  • the information on this website is complete, true, accurate or non-misleading.      

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

EAT. SLEEP. FETCH. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or 
  • for any business losses, loss of revenue, income, profits or anticipated      savings, loss of contracts or business relationships, loss of reputation      or goodwill, or loss or corruption of information or data. 

These limitations of liability apply even if EAT. SLEEP. FETCH. has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit EAT. SLEEP. FETCH.’s liability in respect of any:

  • death or personal injury caused by EAT. SLEEP. FETCH.’s negligence; 
  • fraud or fraudulent misrepresentation on the part of EAT. SLEEP. FETCH.; or 
  • matter which it would be illegal or unlawful for EAT. SLEEP. FETCH. to exclude or      limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a sole proprietorship, EAT. SLEEP. FETCH. has an interest in limiting the personal liability of its owners, officers, contractors and employees. You agree that you will not bring any claim personally against EAT. SLEEP. FETCH.’s owners, officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EAT. SLEEP. FETCH.’s owners, officers, employees, contractors, agents, subsidiaries, successors, assigns and sub-contractors as well as EAT. SLEEP. FETCH..

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify EAT. SLEEP. FETCH. and undertake to keep EAT. SLEEP. FETCH. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EAT. SLEEP. FETCH. to a third party in settlement of a claim or dispute on the advice of EAT. SLEEP. FETCH.’s legal advisers) incurred or suffered by EAT. SLEEP. FETCH. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to EAT. SLEEP. FETCH.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, EAT. SLEEP. FETCH. may take such action as EAT. SLEEP. FETCH. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

EAT. SLEEP. FETCH. reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Your continued use of the eatsleepfetch.ca website signifies your acceptance of such revised Terms and Conditions, there please check this page regularly to ensure you are familiar with the current version.

Assignment

EAT. SLEEP. FETCH. may transfer, sub-contract or otherwise deal with EAT. SLEEP. FETCH.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and EAT. SLEEP. FETCH. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

The terms and conditions as well as the use of this website, including any order or purchase made through this website shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Privacy Policy

Privacy Policy

We have a commitment to your privacy and only collect personal information from our customers in the regular course of doing business. This policy answers some of your most frequently asked questions, and lets you know exactly how we’re protecting the information you entrust to us.

What personal information do you collect about me?

We collect the following information about you when you join our email list or contact us through our on-line form:

  • name
  • e-mail address
  • pets name
  • pet type

Through continued communication with you we may also collect other personal information, such as addresses, postal codes and telephone numbers, etc.

When using the website, we may log your IP address, access URL, time of access, geographic location, browser type, and referral URL in order to provide us with site traffic statistics used for internal purposes only and used in the aggregate. This information is never linked back to any personally identifiable information. 

How do you use this information?

The main reasons we collect personal information from you are:

  • to complete a sale or transaction with you
  • to verify your credit, if necessary
  • to place special orders on your behalf
  • to deliver products directly to you
  • to limit the possibility of fraud when we process your returns

If it’s a necessary part of any of these transactions, we may disclose your information to another company. For example we may also pass on your name and address to a courier company to complete a delivery.

We also use your personal information for other, secondary reasons, including:

  • customer service
  • marketing

We will also disclose your personal information if we are required by law to do so.

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask you for your personal information for a secondary reason, like marketing, we will either ask you directly for your consent or provide you with an opportunity to say no. Saying no is called “opting out.” By opting out, you can tell us not to collect the information and/or not to share it with other companies. If you enter your information to sign up for our e-mail list, we assume you consent to our collecting it and using it for marketing purposes.

How do I opt out?

At any time you wish to unsubscribe to our e-mail list, please contact us directly at leslie@pupandkit.com.

How do I get more information?

We will be happy to answer any questions about your personal information. If you would like more information about our policies, or you would like to see exactly what personal information we have about you in our records, or wish to register a complaint, please contact:

      Leslie Sterritt | 416.230.1369 | leslie@pupandkit.com

You can also contact the Office of the Privacy Commissioner of Canada for assistance between the hours of 9 am and 5 pm, at:

Toll-free: 1-800-282-1376
Phone: (613) 995-8210
Fax: (613) 947-6850
TTY: (613) 992-9190

or by mail at:

112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario
K1A 1H3

or on the Web at:

http://www.privcom.gc.ca/