TERMS OF SERVICE

Last Updated: May 14, 2020

1. Introduction

These terms of service (the “Terms”) are a legal agreement between you (“you”, “your”) and PetFast Inc. (“PetFast”, “we” or “us”) governing your use of PetFast’s services, including mobile applications, website at petfast.com and other products and services (collectively, the “PetFast Platform”).  By agreeing to these Terms or by using our Service, you agree to be bound by these Terms, as they are amended from time to time, and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the PetFast Platform immediately.

These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific content, goods or services made available or supplied by us using the PetFast Platform, such as shipping and delivery terms or terms of promotional offers. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms.

2. The PetFast Service

The PetFast Platform enables Pet Owners to hire PetFast or its third-party delivery drivers to purchase products from third-party retainers on your behalf (“Products”) and deliver it to you. 

You acknowledge and agree that PetFast is a delivery service, not a retailer of the Products.  All Products listed on the PetFast Platform are sold by third-party retailers.  PetFast is not officially or unofficially sponsored by, endorsed by or affiliated with the manufacturers of the Products and does not sponsor or endorse any particular Product.  

3. Modifications to the Terms

These Terms are dated as of the “Last Updated” date set out above. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on the PetFast Platform and revising the “Last Updated” date above.  By continuing to use the PetFast Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

4. Eligibility

The PetFast Platform is intended for and directed to users over the age of 18 years.

5. Restrictions on Use

As a condition of your use of the PetFast Platform, you agree:

a) that you are responsible for the accuracy of all information that you provide to us;

b) that you are responsible for keeping your password and other account details confidential and for notifying us immediately of any unauthorized use of your account or any breach of security known to you;

c) not to use the PetFast Platform for any purpose that is unlawful under applicable law, or prohibited by these Terms;

d) not to submit a fake or defamatory review or rating, trade reviews or ratings, or compensate someone or be compensated to submit or remove a review or rating;

e) not to infringe any third-party right;

not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the PetFast Platform or any information, data, text, software, images, video, audio or other multimedia content or any other content from the PetFast Platform (“Content”) in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

f) not to use the PetFast Platform in a false or misleading manner;

g) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the PetFast Platform or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;

h) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the PetFast Platform; use any robot, spider, scraper or other automated means to access the PetFast Platform and collect content for any purpose without our express written permission; or use the PetFast Platform to distribute viruses or malware or other similar harmful software code;

i) not to harvest or otherwise collect information about others, including email addresses, without their consent;

j) not to bypass measures used to prevent or restrict access to the PetFast Platform;

k) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

l) that you are solely responsible for all costs and expenses you may incur in relation to your use of the PetFast Platform.

5.2 - We reserve the right to prevent or suspend your access to the PetFast Platform if you do not comply with any part of these Terms or any applicable law.

6. Purchases of Products

You acknowledge and agree that all Products listed on the Petfast Platform are provided by third parties.  Petfast does not assume responsibility for any such Product or related Content, services, advertisements, offers, or other information made available through the Petfast Platform. If you purchase any such Products or access such Content, services, advertisements, offers, or other information through the Petfast Platform, you agree that you do so at your own risk and that Petfast will have no liability based on such purchase or access.

Products listed on the PetFast Platform are subject to availability. PetFast may in its sole discretion limit quantities of Products that may be purchased by one person or household or cancel any order of Products.

The only express warranties or conditions are provided are those warranties that are described in the description of the Products on the PetFast Platform. To the fullest extent permitted by law, we disclaim all warranties and conditions of any kind in respect of the Products, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.  

Products which are unopened and in their original packaging may be returned within seven (7) days of delivery. Delivery charges in connection with your order are not refundable.   To request a return, please contact us at the email address below and you will be provided with return instructions.  You are responsible to pay for any delivery and shipping charges in connection with the return of the Products. All other sales are final.

During the check-out process you will be provided with a list of the Products you are purchasing, their price, and a list of all additional charges, including applicable taxes and delivery charges. You will be asked to confirm your order at the end of the check-out process. By clicking "confirm", you agree to pay us the order total. 

7. Delivery 

If you are not at the delivery address when we attempt delivery, we may leave your order at a convenient place for you, such as behind a door or with a concierge. You agree that PetFast is not responsible for any loss or damage to any Products delivered to you or left for you.

If we are unable to leave your order at a convenient place for you, you will be charged a re-delivery fee for each additional attempt we make to deliver your order.  The re-delivery fee is $9.99 plus applicable taxes for orders of $100 or less (not including delivery charges and taxes) and $14.99 plus applicable taxes for orders of more than $100 (not including delivery charges and taxes). Re-deliveries will be made within 1 to 3 business days from receipt of payment of the re-delivery fee.

Delivery times posted on the PetFast Platform are estimates only and not guaranteed.

8. Rewards

We may, at our discretion, offer a rewards program in which you earn rewards (“Rewards”) when you make purchases or engage in such interactions as PetFast may determine from time to time.  

Rewards are personal to you and may not be exchanged or transferred except as we, in our sole discretion, permit from time to time.  

We reserve the right to unilaterally terminate or amend the terms of the Rewards program.  We assume no liability to you by reason of the termination of or any amendment to the Rewards program.

Participation in the Rewards program is a privilege.  We may, in our sole discretion, revoke your participation in the Rewards program at any time and without complication including, without limitation, if you violate any of these Terms or engage in any other conduct which we, in our sole discretion, view as objectionable or harmful to us or our third-party service providers or other partners.

You are responsible for any taxes, levies or other charges imposed by or with the authority of any government or governmental authority in respect to any Rewards benefit.

Rewards have no cash, monetary or other value and cannot be converted into any currency.  

9. Promotions

We may from time to time offer promotions, gifts, coupons or promotional codes or other offers (“Promotions”) relating to certain products or services. We reserve the right to modify or cancel Promotions at any time.

Promotions may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned. Promotions are subject to any Additional Terms specified at the time of issue and/or redemption.

10. Ownership, use and intellectual property rights

You understand and agree all Product images, logos and trademarks are the intellectual property of their third-party owners.  The PetFast Platform and all other contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by PetFast, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. All Product images, logos and trademarks are the intellectual property of their third-party owners. 

PetFast, PetFast logos, designs, images, graphics, icons and service names are registered trade-marks or trade-marks of PetFast (“PetFast Marks”). Other trade-marks and trade names may also be used on the PetFast Platform. The use or misuse of the PetFast Marks or any trade-marks or any other Content on the PetFast Platform except as provided in these Terms is strictly prohibited. Nothing contained on the PetFast Platform shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any PetFast Marks or any other trade-mark without our prior written permission.

Nothing in these Terms grants you any rights in the PetFast Platform other than as necessary to enable you to access the PetFast Platform. You agree not to try to circumvent or delete any intellectual property notices contained on the PetFast Platform and in particular in any digital rights or other security technology embedded or contained within any Content.

11. Submitting information to the PetFast Platform

When you send, submit, post or display any content (“User Content”) through our Service you retain copyright and any other rights you already hold in such User Content. By sending, submitting, posting or displaying any User Content, when using the PetFast Platform, you grant PetFast a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence (through multiple tiers) to use reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content in any manner we see fit, subject to our Privacy Policy. This licence is for the purpose of enabling us to provide the PetFast Platform. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence.

You understand that all User Content, whether publicly posted or privately transmitted when sending, submitting, posting or displaying material using the PetFast Platform, is the sole responsibility of the person from whom it originated. This means that you, and not PetFast are entirely responsible: (i) for all User Content (including ratings and reviews) that you upload, post, email, transmit, or otherwise make available via the PetFast Platform; and (ii) for ensuring that all User Content is accurate and does not include false, misleading or defamatory information or infringe or violate anyone's proprietary rights. 

PetFast does not control the User Content uploaded, posted, emailed, transmitted, or otherwise made available via the PetFast Platform and, as such, does not guarantee the accuracy, integrity or quality of any User Content. You therefore agree that you will not hold us responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any User Content uploaded, posted, emailed, transmitted, or otherwise made available via the PetFast Platform.

You acknowledge that PetFast does not pre-screen User Content, but that PetFast has the right (but not the obligation) to refuse or remove any User Content that is available via the PetFast Platform that violates these Terms or is otherwise objectionable in its sole discretion. 

If you provide or make available suggestions, comments, ideas, improvements or other feedback or materials to PetFast in connection with the PetFast Platform or other subject matter of these Terms, you agree that PetFast will be free to disclose, reproduce, modify, license, transfer and otherwise distribute, and use and exploit any of the foregoing feedback or materials in any manner on a free of charge basis.

We may use mechanisms that permit users to post ratings or reviews on the PetFast Platform and we may make these ratings or reviews publicly available. We do not and are under no obligation to monitor, censor, investigate or verify ratings or reviews. Notwithstanding that we do not and are under no obligation to do so, we may, upon request by a User, investigate ratings or reviews.  In order to protect the integrity of the PetFast Platform and other users from abuse, we reserve the right, but are under no obligation, to remove any rating or review.  

You acknowledge and expressly consent to PetFast accessing, preserving, and disclosing your account information and User Content if required to do so by law or if in good faith it believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of PetFast, our users and the public.

You represent and warrant that any User Content you submit to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name or username with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such User Content but that any personal information you supply with your User Content may, if we choose to do so, be used by us as described in our Privacy Policy.

We do not endorse or support any opinions expressed by our users.

12. Accuracy of information and availability of the PetFast Platform

While we use reasonable efforts to include accurate and up-to-date information on the PetFast Platform, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the PetFast Platform is at your own risk and we may suspend or terminate operation of the PetFast Platform at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the PetFast Platform is provided for your general information purposes only. It does not constitute any type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the PetFast Platform is available, we do not represent, warrant or guarantee in any way the PetFast Platform's continued availability at all times or uninterrupted use by you of the PetFast Platform.

13. Links and third party websites

The PetFast Platform may contain links to third party websites. These links are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party website will be governed by any applicable terms of that third party website.

14. Warranties and limitation of liability

You agree that your use of the PetFast Platform is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the PetFast Platform, including without limitation as to completeness, accuracy and currency or any Content on the PetFast Platform, or as to satisfactory quality, or fitness for a particular purpose.

To the maximum extent permitted by applicable law, we and our affiliates, directors, officers, employees, licensors and business partners shall not be liable to you for any losses or indirect, incidental, consequential, punitive or special damages. This limitation applies to any claim arising out of or in connection with your use of the PetFast Platform, on any legal theory including whether based in contract, tort, statute, strict liability or otherwise. It also applies even if we knew or should have known about the possibility of such damage. You specifically acknowledge that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the PetFast Platform exceed the greater of the total amount of your purchase giving rise to liability, and (b) One Hundred Canadian Dollars ($100.00 CAD).  This provisions applies to all users. 

Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the PetFast Platform or for any other statutory rights which are not capable of being excluded.

Any exclusions and limitations of liability in these Terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

15. Indemnification

You agree at all times to indemnify, defend and hold us harmless and our agents, suppliers, affiliates, subsidiaries and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use of this Service; any alleged violation by you of these Terms; or any alleged violation of any applicable law or regulation.

16. Dispute Resolution and Arbitration

All disputes, claims or controversies arising out of or relating to these Terms, the PetFast Platform or the relationship between you and PetFast (“Disputes”) shall be determined exclusively by binding arbitration. However, you and PetFast must first attempt to resolve any dispute informally for at least 30 days before initiating arbitration.  If you and PetFast cannot resolve a dispute informally, you or PetFast may elect to have the dispute finally and exclusively resolved by binding arbitration.

If the arbitration provision in the previous paragraph is not enforced, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario, in the city of Toronto, to settle any Dispute which may arise out of, or in connection with, these Terms.

17. Termination

PetFast may terminate or suspend your access and use of the PetFast Platform or remove your Pet Services from the PetFast Platform at any time in its sole discretion without notice to you. Termination of your account shall not affect or prejudice any rights or obligations which have accrued or arisen under these Terms prior to the time of termination.

18. General

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at support@petfast.com and all notices from us to you will be displayed on our Site from to time or sent to you at the email address associated with your account.

If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms (together with the Privacy Policy and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the PetFast Platform and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions.