Termos de serviço
[General Policy Disclaimer: The materials below are provided for informational purposes only and do not constitute advertising, solicitation, or legal advice.]
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OVERVIEW
Welcome to PetAiko! The terms “we,” “us,” and “our” refer to PetAiko. PetAiko operates this store and website, including all related information, content, features, tools, products, and services provided through the Services to provide you, the customer, with a personalized shopping experience (the “Services”). PetAiko is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on a device that you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of our products, you must be aware that the online store is your preferred location.
To purchase the products or services we offer, you may be required to provide certain information, such as your email address, financial information, payment information, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as presented or displayed in our online store.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. PetAiko reserves the right to accept or reject your orders for any reason, at its sole discretion. Your order will not be accepted until PetAiko confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your orders carefully before submitting them, as PetAiko may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an Order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided when the order was placed.
Your purchases are eligible for return or exchange exclusively in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND FINANCIAL INFORMATION
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices displayed in our online store may differ from prices offered in physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card provider; and (iv) you will pay all charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by [MERCHANT], its affiliates, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.
These Terms allow you to use the Services solely for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of [MERCHANT], Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by [MERCHANT].
The names, logos, product and service names, designs, and slogans of [MERCHANT] are trademarks of [MERCHANT] or its affiliates or licensors. You may not use such trademarks without the prior written authorization of [MERCHANT].
The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services that we do not monitor, control, or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any third-party functionality incorporated into the Services. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.
If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not responsible for any damage or loss related to your access to any third-party website or your purchase or use of any products, services, resources, or content on any third-party website. Carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]
PetAiko is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make through our store are made directly with [MERCHANT].
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and [MERCHANT], including any injury, damage, or loss resulting from the purchase of products and services.
You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with PetAiko.
SECTION 10 - PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here.
By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information that you submit to the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in a country different from the country in which you reside, so that we can provide the Services to you.
Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms.
We have no obligation, and will not have any obligation, to: (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of third parties or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.
You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone else, or otherwise mislead Shopify or third parties as to the origin of any Feedback.
You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or arrange for the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm PetAiko, Shopify, or users of the Services, or expose them to civil liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, or pretext to gain access to the Services;
(e) use any robot, spider, scraping tool, data collection and extraction tool, device, or automated process, artificial intelligence tool (such as AI), or automated or manual means to access the Services; or
(f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion measures, or other measures we use to restrict access.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may operate on behalf of, or using the device of, a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must:
(i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”;
(ii) not conceal or obscure that any access, use, or interaction is performed by an Agent, such as by (a) imitating human behavior and interaction patterns or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use;
(iii) truthfully answer any question or prompt intended to determine whether interactions are originating from a human or a computer;
(iv) not bypass or otherwise avoid any measure intended to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice, and you will remain responsible for all amounts owed through the date of termination, inclusive.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any decision made based on such information is solely your responsibility.
We disclaim all liability arising from reliance on such materials by you or any other visitor to the Services, or by anyone who may be informed of any part of the Content.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMMERCIAL QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PetAiko, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties due to or arising from:
(1) your violation of these Terms of Service or the documents incorporated herein by reference;
(2) your violation of any law or the rights of third parties; or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim, and failure to provide prompt notice will not relieve you of your obligations unless you suffer material prejudice.
We may control the defense and settlement of such a claim at our discretion, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which may not be unreasonably withheld.
You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure or delay in exercising or enforcing any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement through which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where PetAiko has its headquarters.
You and PetAiko agree to the venue and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice.
Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 2.5 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to peversfair@gmail.com.
Our contact information is listed below:
[INSERT BUSINESS NAME]
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]