1. Introduction and Agreement
Welcome to Furbilee! These Terms of Use (“Terms”) govern your access to and use of the Furbilee website located at furbilee.com (the “Website”), including any content, functionality, products offered for sale, and services offered or booked through the Website (collectively, the “Service”). The Service is operated by Furbilee (“Furbilee,” “we,” “us,” “our”), located in Richmond Hill, Ontario, Canada.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. By accessing or using the Website, creating an account, purchasing products, booking services, or otherwise interacting with the Service, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.
2. Use of the Website
- Permitted Use: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use to browse information, purchase products, book services, and interact with the features we provide, all in accordance with these Terms.
- Prohibited Use: You agree not to use the Website:
- In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Furbilee, a Furbilee employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Furbilee or users of the Website or expose them to liability.
- To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, without our prior written consent.
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- To otherwise attempt to interfere with the proper working of the Website.
3. User Accounts
To access certain features or make purchases, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information.
- Maintain the security and confidentiality of your password.
- Accept responsibility for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Furbilee, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Furbilee.
5. Online Store Terms (Product Purchases)
- Product Information and Pricing: We strive to display accurate product descriptions, images, and prices on the Website. However, we do not warrant that product descriptions, pricing, or other content are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Service is inaccurate at any time without prior notice (including after you have submitted your order). Prices are listed in Canadian Dollars (CAD) unless otherwise specified and are subject to change without notice. Prices do not include applicable taxes or shipping fees, which will be added at checkout.
- Order Acceptance: Receiving an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. Reasons may include unavailability of products, errors in pricing or product descriptions, or issues identified by our fraud detection system. If your credit card has already been charged and your order is canceled, we will issue a credit to your credit card account.
- Payment: Payment must be received by us before our acceptance of an order. We accept [List Accepted Payment Methods, e.g., Visa, Mastercard, PayPal]. You represent and warrant that the payment information you supply is true, correct, and complete, and that you are duly authorized to use such payment method. Payment processing services are provided by third-party processors, and your use of these services is subject to their terms and conditions.
- Shipping and Delivery: Shipping and delivery are subject to our Shipping Policy [Link to Shipping Policy, if separate] or the terms outlined during checkout. Risk of loss and title for items purchased pass to you upon our delivery to the carrier.
- Returns and Refunds: All product returns and requests for refunds are subject to our Refund and Returns Policy [Link to Refund and Returns Policy].
6. Service Bookings (Grooming, Training, Boarding, etc.)
Our Website may allow you to book appointments for services such as pet grooming, training, or boarding.
- Service-Specific Terms: By booking a service, you agree to any additional terms and conditions specific to that service, which may be presented to you during the booking process or upon arrival (e.g., grooming consent forms, boarding agreements, vaccination requirements). These specific terms supplement these general Terms of Use.
- Cancellations: Service cancellations are subject to the policies outlined in our Refund and Returns Policy [Link to Refund and Returns Policy] or the specific service agreement.
7. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Furbilee. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Furbilee 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services. We advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
8. Disclaimers of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FURBILEE NOR ANY PERSON ASSOCIATED WITH FURBILEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER FURBILEE NOR ANYONE ASSOCIATED WITH FURBILEE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, FURBILEE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS CERTAIN CONSUMER PROTECTION WARRANTIES IN ONTARIO).
9. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FURBILEE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED UNDER ONTARIO’S CONSUMER PROTECTION ACT, 2002, WHERE APPLICABLE).
10. Indemnification
You agree to defend, indemnify, and hold harmless Furbilee, 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, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
11. Termination
We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the provincial or federal courts located in Toronto, Ontario, and you hereby consent to the jurisdiction and venue of such courts. [Consider adding a clause about attempting informal resolution first, if desired].
13. Changes to Terms of Use
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, typically by posting the updated Terms on the Website and updating the “Last Updated” date. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. Entire Agreement
These Terms of Use, together with our Privacy Policy, Refund and Returns Policy, [Shipping Policy, if applicable], and any other legal notices or specific agreements published by us on the Website or related to specific services, constitute the entire agreement between you and Furbilee concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Furbilee.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or severed from these Terms if modification is not possible, and the remaining provisions of the Terms will continue in full force and effect.
16. Waiver
No waiver by Furbilee of any term or condition set out in these Terms 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 Furbilee to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17. Contact Information
If you have any questions about these Terms of Use, please contact us:
Email: [email protected]
Phone: +1 (416) 887-2052