Ourdogiz Website and App Terms of Use
Last Revised: 29st December 2022
Ourdogiz Ltd., and its affiliates d/b/a Dogiz (“Dogiz”, the “Company”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website at https://www.dogiz.com/ and its subdomains (the “Site”) and to our mobile application “Dogiz” (the “App”). Each of the Site and/or App’s Users may use the Site and/or App, and the services provided via the Site and/or App (the “Services”, as further defined below) in accordance with the terms and conditions hereunder. The App, the Site and the Services, collectively, may also be referred to as the “Platform”.
By entering, connecting to, accessing or using the Site and/or App, and/or by installing and/or downloading the App on your mobile device, you acknowledge that you have read and understood the following terms of , (including the terms of our Privacy Policy available at: https://www.dogiz.com/terms-of-privacy/ (the “Privacy Policy“) (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or App and you acknowledge that these Terms constitute a binding and enforceable legal contract between Dogiz and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.
The Site and/or App are available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and (if applicable, your organization’s behalf) and to form a binding agreement under any applicable law, to use the Site and/or App in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site and/or App shall obligate your organization.
Our Platform provides a mobile platform, which is intended for use by dog owners and includes a variety of services, including without limitation: (a) managing of certain information relating to the User’s dog(s) (such as health records, events or appointments), (b) interacting with other User of the Platform (including the sharing of information), (c) ordering dog related services and products from our Dogiz Shop (“Dogiz Shop”), including services from dogwalkers, dog-sitters, dog-trainers and dog-groomers (collectively, “Pet Care Providers”) and products from third party vendors (“Third Party Vendors”)), and (d) performing online consultations with professionals in the field of pet healthcare and wellbeing, such as veterinarians (collectively, “Professionals”).
The App may also be used by our Pet Care Providers, Professionals and/or Third-Party Vendors to offer their products and services to other Users, and these terms shall apply to their such Pet Care Providers, Professionals and/or Third-Party Vendors’ use of the App, mutatis mutandis, in addition to any other agreement or order executed between Dogiz and themselves.
Our Platform may also include our original content, such as blog posts, recommendation, articles and photos, User generated content such as recommendations, feedback, photos and blog posts (“User Generated Content”, as further defined below) and third-party content delivered by our business partners, including without limitation promoted content and content delivered by our Third-Party Vendors (“Third Party Content”). Some of the services offered via the App may be provided on a subscription basis. We may also offer, from time to time and at our discretion, certain incentives to User with respect to use of the App, including without limitation, contests, raffles, discounts and dedicated “coins” which are intended solely for in-App use (“Coins”). Terms and conditions relating to specific services offered via the App are detailed in these Terms, so we recommend that you read these Terms carefully.
Our Site offers information relating to Dogiz and to our App, and may include some or all of the functionality and services provided via the App, as may be decided by us from time to time and at our discretion. For the avoidance of doubt, we do not guarantee that all products and/or services provided via the App will also be made available via the Site, and vice-versa. Please note that certain services provided via the Platform, are subject to availability, may be available only in select locations and may be subject to your acceptance of additional terms of use and agreements, which, where applicable, are incorporated herein by reference and form part of these Terms. Without derogating from the foregoing, we may cease providing any product and/or service via the App, at any time and at our sole discretion.
The Platform may include personalized evaluations regarding your dog’s health and recommendation regarding your dog, based on the dog’s profile you build (such as behavior, walks, fitness, nutrition, training and health), including without limitation our “Dr. Poop” tool, which allows our Users to analyze and receive recommendations based on their dog’s fecal matter. Please note that all such evaluations, recommendations and all other information are made available for informational purposes only, they do not constitute medical health related and/or veterinary advice and we take no responsibility for your reliance thereof. In any case of a medical incident or health related suspicion, please refer your dog to a veterinarian or other relevant healthcare professional without delay.
In addition, Dogiz may run advertisements and promotions from third parties on the Site and/or App, host Third-Party Content or otherwise provide information about or links to third-party products or services on the Site and/or App.
Our Platform includes, inter-alia, our technology and any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and/or App, algorithms, source and object code, interface, GUI, Dogiz features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or App (collectively, the “Content”).
The Platform may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate certain push-notifications at any time by changing the notification settings on your device and/or browser.
(collectively, the “Services”)
YOUR USE OF THE PLATFORM, THE SERVICES, THE USER GENERATED CONTENT, THE THIRD PARTY CONTENT AND/OR THE CONTENT AND YOUR INTERACTIONS WITH PET CARE PROVIDERS, PROFESSIONALS AND THIRD PARTY VENDORS IS ENTIRELY AT YOUR OWN RISK.
DOGIZ DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE PLATFORM AND RELATED SERVICE, INCLUDING ON THE BASIS OF INTERACTIONS WITH, AND/ OR GOODS OR SERVICES RECEIVED FROM, PET CARE PROVIDERS, PROFESSIONALS AND/OR THIRD PARTY VENDORS. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED.
DOGIZ ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND PET CARE PROVIDERS, PROFESSIONALS AND/OR THIRD-PARTY VENDORS, AND DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH THE VARIOUS GOODS AND/OR SERVICES PROVIDED BY SUCH PET CARE PROVIDERS, PROFESSIONALS AND/OR THIRD PARTY VENDORS THROUGH THE USE OF OUR PLATFORM. DOGIZ WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH GOODS AND/OR SERVICES AND FOR WHATEVER DAMAGES THAT MAY RESULT FROM USING SUCH GOODS AND/OR SERVICES.
YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH PET CARE PROVIDERS, PROFESSIONALS AND/OR THIRD-PARTY VENDORS WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS OWN SAFETY.
THE SERVICES DO NOT AND CANNOT REPLACE PROFESSIONAL VETERINARIAN/ MEDICAL/ HEALTH RELATED ADVICE AND THEY ARE NOT A REMOTE DIAGNOSTIC TOOL. ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON THE SERVICES OR ITS OUTPUTS ARE AT YOUR SOLE RESPONSIBILITY AND LIABILITY. ANY VETERINARIAN/ MEDICAL/ HEALTH RELATED INFORMATION, CONSULT, ADVICE, ANALYSIS AND/OR PROGNOSIS PROVIDED BY PROFESSIONALS IS PROVIDED AT THEIR OWN DISCRETION AND THEY ARE FULLY LIABLE FOR SUCH ADVICE – DOGIZ SHALL NOT BE LIABLE FOR ANY INFORMATION , CONSULT, ADVICE, ANALYSIS AND/OR PROGNOSIS PROVIDED BY ANY PROFESSIONAL.
ALL USER GENERATED CONTENT AND THIRD PARTY CONTENT OFFERED OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM IS SUPPLIED TO DOGIZ BY THE RELEVANT USER OR THIRD PARTY, IS NOT VERIFIED BY DOGIZ AND DOES NOT BIND DOGIZ IN ANY FORM. IN ANY CASE WHERE SUCH USER GENERATED CONTENT OR THIRD PARTY CONTENT CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY ANOTHER USER OF THE APP OR ANY RELEVANT THIRD PARTY DIRECTLY, INFORMATION SUPPLIED BY SUCH PARTY DIRECTLY SHALL PREVAIL.
WE RESERVE OUR RIGHT TO REFUSE PROVISION OF THE SERVICES, TO ANYONE, FOR ANY REASON OR FOR NO REASON ALL SUBJECT TO APPLICABLE LAW.
ALL RIGHTS IN AND TO THE CONTENT (EXCLUDING USER GENERATED CONTENT AND THIRD PARTY CONTENT) AVAILABLE ON THE PLATFORM ARE RESERVED TO DOGIZ. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE PLATFORM AND/OR THE APP AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AND/OR THE THIRD PARTY CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. DOGIZ WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE PLATFORM AND/OR THE APP AND/OR SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AND/OR THE THIRD PARTY CONTENT AVAILABLE THEREIN.
YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY DATA UPLOADED TO THE PLATFORM AND YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OF SUCH DATA.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or App, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
In order to use the Platform and the Services, you must register and create an account (the “Account“) by using an email address or your social network account (e.g. Facebook), as further detailed in our Privacy Policy.
In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Dogiz. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
If you wish to cancel and remove your Account, please use the applicable functionality within the App or send us an e-mail of your request to: [email protected]. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy).
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Certain features and services of the Dogiz Shop may be subject to payments (“Payments”), including the payment of subscription fees, in accordance with the relevant fees and payment models specified in the relevant page in-App (“Subscription Fees”).
You will receive a receipt upon each payment received.
Unless explicitly stated on the Platform any Subscription Fees are billed in advance every thirty (30) days, starting at the time of registration to said service. To the extent applicable, if you do not provide your credit card or other payment information to Dogiz before the expiration of any free trial period, your Account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, your subscription will renew automatically based on your plan’s renewal cycle.
If you fail to pay your Payments and/or Subscription Fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire subscription and/or order for good or services may be suspended or cancelled.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Dogiz based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
Dogiz reserves the right to modify the fees and prices for its Services and for any good and services offered via the Platform at any time and at its sole discretion. Where applicable, such pricing changes will NOT affect your already paid-up subscription period.
Payments of your Payments and Subscription Fees will be processed via certain online payment service providers, such as Paypal (“Online Payment Processors”). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with Dogiz. Dogiz is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.
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WITHOUT DEROGATING FROM THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF (A) USE OF THE KEYS, LOST OF THE KEYS, ANY UNAUTHORIZED USE OF YOUR KEYS, OR ANY UNAUTHORIZED ACCESS OR IMPROPER LOCKING OF RESIDENCES, (B) ANY INTERACTIONS BETWEEN YOU AND THE PET CARE PROVIDERS, INCLUDING THEIR ENTRANCE INTO YOUR HOUSE OR OTHER PREMISES; AND/OR (C) THE TREATMENT OF YOUR DOG AS PART OF ANY PET CARE PROVIDERS’ SERVICES. ALTHOUGH WE MAKE REASONABLE EFFORTS TO VET AND TRAIN EACH PET CARE PROVIDER, WE DO NOT PROVIDE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THEIR CHARACTER, PROFESSIONAL SKILLS, PERSONAL HISTORY AND WE DO NOT CONDUCT ANY DUE DILIGENCE CHECKS, NOR DO WE VERIFY THE BACKGROUND OF SUCH PET CARE PROVIDERS. FURTHERMORE, PET CARE PROVIDERS ARE COMPLETELY OUT OF OUR CONTROL AND IN NO EVENT WILL WE BE RESPONSIBLE FOR THEIR CONDUCT.
You may pair certain external diagnostic tools, services and devices with the Platform (such as the services of Dr. Poop) in order to derive certain data, including your dogs’ health related stats and parameters. Dogiz does not assume any responsibility for such external diagnostic tools, services and devices nor for any parameter, states or any data derived from such external diagnostic tools, services and devices or for any advice provided on the basis of such data or any decision based thereon. DOGIZ CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF YOUR DOG’S HEALTH INFORMATION OR ANY OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY YOU WHILE USING THE SERVICES.
BY UPLOADING OR SUBMITTING DATA OR INFORMATION TO THE PLATFORM (INCLUDING BY WAY OF USING AN EXTERNAL DIAGNOSTIC TOOL, SERVICE AND/OR DEVICE), YOU REPRESENT AND WARRANT THAT THE SHARING OF THIS DATA WITH OTHER USERS AND/OR PROFESSIONALS AND/OR ANY THIRD PARTY IS MADE AT YOUR DISCRETION AND YOU ASSUME ANY AND ALL RISKS AND LIABILITIES RELATED THERETO. WE WILL NOT ASSUME ANY LIABILITY IN THIS RESPECT.
The Platform may allow you to purchase certain goods and services from Third Party Vendors (e.g., to order dog food via the Dogiz Shop). Your interactions and business dealings with any Third Party Vendors (whether organizations or individuals) found on or through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Vendors. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these Third Party Vendors. You agree that Dogiz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. We will not be responsible for, and do not endorse, any Third Party Vendors and/or any related Third Party Content (which is presented by us as received from the Third Party Vendor, without our verification), including without limitation, photos, product descriptions, goods, products, services, opinions accessed or mentioned on the Platform and/or through the Services.
OTHER THAN AS EXPRESSLY STATED HEREIN, THE COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY VENDOR, AND IS NOT THE SELLER OR SUPPLIER OF ANY OF THIRD PARTY VENDOR’S GOODS OR SERVICES THAT MAY BE PURCHASED BY USE OF THE PLATFORM. THUS, THE COMPANY DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY TO THE SELLERS OF THOSE GOODS OR SERVICES.
ACCORDINGLY, THE COMPANY HAS NO CONTROL OVER OR RESPONSIBILITY FOR ANY THIRD PARTY VENDOR’S GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY AND ACCURACY OF THESE PRODUCTS OR SERVICES.
ALL USER GENERATED CONTENT AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS AND MATERIALS (INCLUDING PHOTOS) RELATED TO ANY DEALS AND GOODS, SERVICES AND/OR COMMODITIES OFFERED VIA THE PLATFORM, IS SUPPLIED TO DOGIZ BY THE RELEVANT USER OR THIRD PARTY VENDOR (AS APPLICABLE), IS NOT VERIFIED BY DOGIZ AND DOES NOT BIND DOGIZ IN ANY FORM. IN ANY CASE WHERE SUCH USER GENERATED CONTENT AND/OR THIRD PARTY CONTENT CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY ANOTHER USER OF THE PLATFORM AND/OR THIRD PARTY VENDOR DIRECTLY (AS APPLICABLE), ONLY INFORMATION SUPPLIED BY SUCH USER AND/OR THIRD PARTY VENDOR (AS APPLICABLE) DIRECTLY SHALL PREVAIL.
The Platform may incorporate Third Party Content, including third-party advertisements. All the information contained in such Third Party Content and/or advertisements and commercials, belongs solely to the applicable third party source and/or third party advertisers and Dogiz makes no warranties or representations in respect of such, whether or not it has control over such Third Party Content and/or advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content and/or other advertisements. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such Third Party Content advertisements or commercials, including without limitation your dealings with third party sources and/or advertisers and third party vendors found on or through the Platform. Please note – you always have the choice of deciding whether or not to interact with any third party. DOGIZ AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO, NOR CAN THEY VERIFY, THE ACCURACY OF INFORMATION REPRESENTED IN SUCH THIRD PARTY CONTENT AND ADVERTISEMENTS. THUS, WE MAKES NO REPRESENTATION REGARDING THE ACCURACY OF THIRD PARTY CONTENT AND ADVERTISEMENTS.
The Company may accept and display via the Platform advertisements, promotions and sponsorships from third parties and may provide you certain benefits provided via third parties. Please note that the Company makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not the Company has control over them. The Company may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. The Company assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships
We may provide, from time to time, certain updates, promotions, deals or discount codes for the App and Services by email, via the Site or through the App. We may in our discretion establish, modify, end or refuse to honor such promotions, deals or discount codes at any time without notice. Promotions, deals or discount codes are limited to one use per customer. We may post additional terms regarding promotions, deals or discount codes in the Service.
Based on your usage of the Services and certain in-Platform achievements, you may be rewarded with “Coins”, in accordance with Dogiz policies and other promotional activities, as in effect from time to time.
Coins may only be used for in-Platform purposes and purchases, they do not have any value outside the Platform and their value is established exclusively by the Company and at its sole discretion. The Company may cease the use of Coins, change the value of Coins, impose limitations and restrictions on the use of Coins (including placing limitations of the term of their validity) or change the mechanisms that award Coins within the Platform, at any time and at its sole discretion. We do not guarantee that payment for in-Platform Services will be made available by use of Coins. You hereby waive any and all claims, of any kind, with respect to Coins and your ability to use or otherwise exploit them.
The Platform may allow you to upload, post, publish and make available through it your own copyrightable materials such as, images, literary works, text material and any other proprietary materials, including without limitation commenting on the Content and Third-Party Content, providing feedback, uploading posts and photos, etc. (collectively, the “User Generated Content”). Please be sure that while you use the Platform you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Platform. Dogiz will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the Platform, in any way. Note that, at your discretion, User Generated Content may become available to other Users of the Platform, and you assume any risk and liability in this regard.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Platform or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s Intellectual Property Rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.
Except as expressly permitted herein, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Dogiz to use or possess in connection with the Platform (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although Dogiz has no obligation to screen, edit or monitor any of the User Generated Content, Dogiz explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Platform at your sole expense.
When you upload, post, publish or make available any User Generated Content on the Platform, you grant to (i) Dogiz an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Platform, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Platform a non-exclusive and royalty-free license to access your User Generated Content through the Platform and to use such User Generated Content solely for personal and non-commercial purposes. The Company may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. The Company shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
DOGIZ TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE APP AND/OR PLATFORM, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS DOGIZ LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE PLATFORM.
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us at: [email protected].
Dogiz respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Dogiz Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Dogiz to locate the material; (iv) information so that Dogiz can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Dogiz Copyright Agent can be reached at: [email protected].
Dogiz has the sole discretion to restrict and/or terminate access to the Site and/or the App to Users who are deemed to be repeat infringers of third party’s copyright works or Users who acted inappropriately as specified above.
The Platform contains areas in which you or other Users may share and/or review photos, interesting experiences, locations, stories and tips (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas. Dogiz is not liable for any statements, representations or content provided by its Users in its Interactive Area.
The Platform includes social sharing and posting features and other integrated tools (for example sharing on Facebook) (“Social Features”). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network(s)”). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the Platform’s integration with such social networks, however you may find that you are not able to enjoy all the features available in our Platform. Dogiz is not responsible and has no liability for your use of such Social Networks.
There are certain conducts which are strictly prohibited when using the Site and/or App. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Dogiz’s sole discretion) in the termination of your use of the Site and/or App and/or Content and may also expose you to civil and/or criminal liability.
For purposes of this Section the term “Content” includes “User Generated Content” and “Third Party Content”.
Unless otherwise explicitly permitted under these Terms or in writing by Dogiz, you may not (and you may not permit anyone to): (a) use the Site and/or App and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or App and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site and/or App any restrictions and signs indicating proprietary rights of Dogiz or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or App or the servers or networks that host the Site and/or App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Dogiz endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or App; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or App; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Dogiz on or through the Site and/or App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Dogiz ‘s proprietary rights, including Dogiz’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Dogiz’s prior written consent; (l) create a browser or border environment around Dogiz Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or App and/or the Content; (n) frame or mirror any part of the Site and/or App without Dogiz ‘s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or App; (p) transmit or otherwise make available in connection with the Site and/or App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site and/or App for any purpose for which the Site and/or App is not intended; and/or (r) infringe and/or violate any of the Terms.
We respect your privacy and are committed to protecting the information you share with us. You have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or App. Our policy and practices and the type of information collected via the Site and/or App are described in detail in our Privacy Policy available at [https://www.dogiz.com/terms-of-privacy/] which is incorporated herein by . You agree that Dogiz will use personal information that you provide or make available to Dogiz in accordance with the Privacy Policy. If you intend to access or use the Site and/or App, you must first read and agree to the Privacy Policy.
Subject to the terms hereof, Dogiz hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the Platform for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Platform and the Content provided in the App in accordance with the terms contained in this Agreement.
The Site, App, the Content and/or Third Party Content and Dogiz’ proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Dogiz and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Dogiz and its licensors. The Third-Party Content and all related rights belong to its respective owners.
The Terms do not convey to you an interest in or to Dogiz’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Dogiz’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Dogiz (“Feedback”), Dogiz shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Dogiz current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Dogiz to comply with any additional obligations with respect to any Dogiz current or future products, technologies or services that incorporate any Feedback.
Dogiz’ marks and logos and all other proprietary identifiers used by Dogiz in connection with the Site and/or App (“Dogiz’s Trademarks”) are all trademarks and/or trade names of Dogiz, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or App belong to their respective owners (“Third Party Marks”). No right, license, or interest to Dogiz ‘s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Dogiz and does not portray Dogiz in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and/or App and enter non-Dogiz sites or services (including, inter alia, Facebook, Instagram and LinkedIn). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Dogiz and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Dogiz is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Dogiz reserves the right to terminate any link at any time. You further acknowledge and agree that Dogiz 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 services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
The Site and/or App’s availability and functionality depends on various factors, such as communication networks. Dogiz does not warrant or guarantee that the Site and/or App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
Dogiz reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site and/or App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Dogiz shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or App or the Content included therein. You hereby agree that Dogiz is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): you acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
The Site and/or the App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Site and/or the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the App and Dogiz disclaims all liability related thereto. You acknowledge that Dogiz is not the author, owner or licensor of any Third Party Components, and that Dogiz makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site and/or the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND DOGIZ, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “DOGIZ’ REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. DOGIZ AND DOGIZ’ REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, DOGIZ AND DOGIZ’ REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES, OF ANY KIND, WITH RESPECT TO ANY THIRD PARTY GOOD AND/OR SERVICES PROVIDED VIA THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY GOODS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS, PET CARE PROVIDERS AND/OR PROFESSIONALS THROUGH THE PLATFORM OR IN CONNECTION WITH THE PLATFORM. USE OF ANY SUCH SERVICES IS AT YOUR OWN AND SOLE RISK AND LIABILITY.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL DOGIZ, INCLUDING DOGIZ’ REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT AND/OR ANY GOODS AND/OR SERVICES PROVIDED BY PROFESSIONALS AND/OR THIRD PARTY VENDORS AND/OR PET CARE PROVIDERS AND/OR ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE AND/OR APP AND/OR WITH PROFESSIONAL AND/OR PET CARE PROVIDERS AND/OR THIRD PARTY VENDORS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT AND/OR THE FAILURE OF THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF DOGIZ TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF DOGIZ OR DOGIZ’ REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER DOGIZ OR DOGIZ’ REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, DOGIZ’ AND DOGIZ’ REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT AND WITH RESPECT TO ANY GOODS AND/OR SERVICES PROVIDED BY PROFESSIONALS AND/OR THIRD PARTY VENDORS AND/OR PET CARE PROVIDERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO DOGIZ FOR USE OF THE SITE AND/OR APP AND/OR SERVICES AND/OR CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER GENERATED CONTENT OR $US 1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US AND FROM DOGIZ’ REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Dogiz, including Dogiz’ Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or App and/or Content and/or Third Party Content and/or User Generated Content and with respect to any goods and/or services provided by Professionals and/or Third Party Vendors and/or Pet Care Providers; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or App; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or App and/or any goods and/or services provided by Professionals and/or Third Party Vendors and/or Pet Care Providers. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Dogiz may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site and/or App or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
At any time, Dogiz may without notice discontinue your use of the Site and/or App, at its sole discretion, in addition to any other remedies that may be available to Dogiz under any applicable law.
Additionally, Dogiz may at any time, at its sole discretion, cease the operation of the Site, App or any part thereof, temporarily or permanently, delete any information or Content from the Site and/or App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Dogiz does not assume any responsibility with respect to, or in connection with the termination of the Site and/or App’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
The App may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
(a) These Terms constitute the entire terms and conditions between you and Dogiz relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and Dogiz, (b) any claim relating to these Terms, including the Site and/or App and/or the Services, or the use thereof will be governed by and interpreted in accordance with the laws of the State of: (i) for Users in the United States – the laws of New-York, (ii) for Users in the United Kingdom – England and Wales; and (iii) for User in Israel or any other jurisdiction – Israel, in each case without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to these Terms, including the Site and/or App and/or the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of: (i) for Users in the United States – New York City, NY, USA; (ii) for Users in the United Kingdom – London, UK; and (iii) for User in Israel or any other jurisdiction Tel Aviv-Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Dogiz may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by Dogiz.
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: [email protected].
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