PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using the Famous
Dog Spaw Inc.(Mother Company of PAWMART) website (“Website”), or by
purchasing or using products and/or services offered by PAWMART or its
suppliers through this Website, Website visitors (“You” or “Your”) are
indicating Your acknowledgment and acceptance of these terms and conditions of
Website use (“Terms”). If You do not agree to these Terms or any
changes to these Terms, please immediately discontinue Your use of the Website.
These Terms do not affect Your
statutory rights as a purchaser of goods from the Website.
Use of Website.
PAWMART authorizes You to view and use the materials on
this Website including text, pictures, graphics, audio or video clips, software
and any other information (“Materials”) only for your personal,
non-commercial use provided that: (i) You do not remove any copyright or other
proprietary notices contained in the Materials from any copies of the
Materials; and (ii) You abide by all applicable laws and comply with all
requirements identified in these Terms, and such additional terms and
conditions that may be provided to You during use. You agree: (i) to review and
abide by these Terms; and (ii) that the Website and the Materials are made
available to You on an “as-is” basis and that You assume all risk associated
with the use of the Website and the Materials. You may not modify the Materials
in any way or reproduce or publicly display, perform, distribute or otherwise
use the Materials or any part thereof for any public or commercial purposes.
Any use of the Materials on any other website, electronic device or networked
computer environment for any purpose is strictly prohibited.
Intellectual Property.
The PAWMART name and any logos appearing on the Website or
in conjunction with the delivery of any services are trade-marks of PAWMART (or
its licensors). The Materials are proprietary and are exclusively owned by PAWMART
(or its licensors) and any unauthorized use, reproduction or distribution of
any Materials stored or available through this Website may violate copyright,
trade-marks, patents or other intellectual property rights or applicable laws
and is strictly prohibited. If You breach any of these Terms, Your
authorization to use this Website automatically terminates and You must
immediately cease using this Website and destroy any downloaded or printed
Materials or any other Materials derived from the use of this Website, which
contain intellectual property of PAWMART (or its licensors).
Royalty-free License.
By accessing this Website via the Internet, You grant to PAWMART,
subject to the Terms and Conditions of PAWMART’s Privacy Policy (see below), a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create derivative works of and
or publicly display any materials and other information, suggestions or ideas
You submit or post to the Website in any medium. You agree that You shall have
no recourse against PAWMART or any sub-licensor for any alleged or actual
infringement or misappropriation of any proprietary right in Your
communications to PAWMART through or using the Website.
Products and Pricing.
PAWMART continually updates its product and service
offerings in stores and on this Website. PAWMART reserves the right to revise
and/or discontinue such offerings at any time. Prices which may be displayed or
advertised on the Website or through any other electronic communications from PAWMART
do not include shipping fees and applicable sales tax, and are subject to
change without notice at PAWMART’s sole discretion. The display of products
and/or services on the Website does not necessarily constitute an offer by PAWMART.
Online purchases of those products available to be purchased on the Website are
subject to PAWMART’s Online Purchase Terms and Conditions. Not all merchandise depicted on the Website is
available for online purchase. For a broader selection of PAWMART merchandise,
please visit a PAWMART store. PAWMART reserves the right to change online
prices. In the event that an item is priced incorrectly on the Website, PAWMART
will not honor the incorrect price in its retail stores.
Illegal Usage Prohibited.
You shall not use PAWMART’s Website or
Materials to post, transmit, upload, distribute or publish any content that is
libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s
privacy, tortious, obscene, pornographic, abusive, infringing or otherwise
illegal, as determined in the sole discretion of PAWMART. You agree to comply
with all applicable local, provincial, federal and international laws,
regulations and treaties while using this Website. In addition to complying
with these Terms as modified from time to time, You agree to comply with
generally accepted Internet standards and shall refrain from any abusive use of
this Website.
Harassment Prohibited.
It is prohibited to use the Website in any manner to
harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or
discomfort to any person or entity. This prohibition extends to any comment or
conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise
objectionable. Furthermore, any message or conduct that is repeated after
warning or notification is given that such conduct is unwelcome constitutes
harassment.
Advertising Prohibited.
It is prohibited to use the Website to post any
advertising or promotional materials.
Privacy.
The collection of any identifiable information about an individual (“Personal
Information”) through this Website is done only with the consent of the
individual and in accordance with the PAWMART Privacy Policy, which forms part
of these Terms. We may use the email address provided at the time of
registration to communicate with our customers regarding any scheduled account
maintenance or changes to the service. We urge You to click here to
review this policy. Inquiries with respect to PAWMART’s Privacy Policy or
Personal Information should be sent in writing to PAWMART’s Privacy Officer at
60 Bloor Street West, Suite 1100, Toronto, Ontario M4W 3B8 or via e-mail to privacy.office@holtrenfrew.com
Network Security.
PAWMART provides You with products and services through
the networks of other telecommunications providers and through other suppliers
and third parties. Your use of this Website and/or the products and services of
PAWMART and the equipment, facilities and services of third party suppliers is
at Your own risk. PAWMART assumes no responsibility for the security of Your
facilities or networks or for unauthorized access to such networks or
facilities. In all cases, You are responsible for determining and establishing
secure network access configurations. PAWMART, its partners, affiliates and
third party suppliers and each of their respective directors, officers,
employees, consultants, agents and suppliers shall not be liable for any
inability, failure or mistake related to any security breach or identification
of such breach or any loss that results from the transmission of confidential
or sensitive information over the Internet. PAWMART and its suppliers make no
commitments with respect to the recoverability of lost data.
Links to Other Websites.
Links to third party websites on this Website are provided
solely as a convenience to You. If You use these links, a new window will be
launched to access linked websites. PAWMART has not reviewed these third party
websites, does not control and is not responsible for any of these websites or
their content. PAWMART does not endorse or make any representations about them,
or any information, or other products or materials found there, or any results
that may be obtained from using them. If You decide to access any of the third
party websites linked to this Website, You do this entirely at Your own risk.
Termination.
You acknowledge and agree that PAWMART, in its sole and absolute discretion, may,
without notice to You, suspend or terminate Your use of, or access to the
Website or any services and remove and discard any related Materials for any
reason, including where PAWMART believes that You have violated any of these
Terms. You agree that PAWMART shall not be liable to You or to any other person
as a result of any such suspension or termination. If You are unsatisfied with
any of these Terms, please discontinue using the Website.
Disclaimer.
You acknowledge that You are using this Website including its Materials at Your own
risk. PAWMART and its partners, affiliates and suppliers do not guarantee
error-free or uninterrupted operations of the Website. The products, services
and information provided at this Website are provided “as is” without
any warranties of any kind including warranties of merchantable quality,
fitness for a particular purpose, or non-infringement of intellectual property.
PAWMART and its suppliers do not warrant the accuracy and completeness of the
Materials available on or through this Website. The Materials on this Website
may be out of date, and PAWMART makes no commitment to update the Materials.
Information published on this Website may refer to products, programs or
services that are not available in your jurisdiction. Applicable law may not
allow the exclusion of implied warranties, so the above exclusions may not
apply to You.
Indemnification.
You shall indemnify and forever save harmless PAWMART, its partners, affiliates and
suppliers and each of their respective directors, officers, employees,
consultants, agents and suppliers from and against any and all claims, demands,
actions, suits, losses, costs, charges, expenses, damages and liabilities,
(including legal fees) which may be incurred by reason of or in connection with
Your use of this Website.
Limitation of Liability.
You agree that in no event will PAWMART, its partners,
affiliates and suppliers and each of their respective directors, officers,
employees, consultants, agents, representatives and suppliers be liable to You
for any direct, indirect, special, consequential or punitive damages
(including, without limitation, those damages resulting from lost profits, lost
data or business interruption) arising out of the use, inability to use,
reliance, or the results of this Website (including the products, services,
Materials or information contained on this Website and/or other linked
websites), whether based on warranty, contract, tort or any other legal theory
and whether or not PAWMART is advised of the possibility of such damages.
Applicable Laws.
These Terms including PAWMART’s Online Shopping Terms and
Conditions and Privacy Policy shall be governed and construed in accordance
with the laws of the Province of Ontario and the federal laws of Canada
applicable therein. The courts of the Province of Ontario shall have exclusive
jurisdiction over all disputes relating to the use of these Terms including the
Online Terms of Purchase. You agree to submit to the jurisdiction and venue of
such courts and that they are appropriate.
Revision of Terms.
PAWMART may revise these Terms and/or the Online Shopping
Terms and Conditions at any time by updating this Website. Any changes will be
effective upon the posting of the revisions on the Website and Your use of the
Website will be subject to the most current version of the Terms posted on the
Website at the time of such use. You should visit these Terms and the Online
Shopping Terms and Conditions from time to time to review the then-current
terms and conditions in effect because they are binding on You and Your continued
use of the Website signifies Your acceptance of any such revised Terms and
Online Shopping Terms and Conditions. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on particular
pages at this Website.
Entire Agreement.
These Terms together with the PAWMART Privacy Policy and
the Online Shopping Terms and Conditions constitute the complete and entire
agreement between You and PAWMART pertaining to the use of the Website, and the
purchase of merchandise or Gift Cards online and supersede any prior agreement,
whether written or oral.
Waiver.
PAWMART will not be considered to have waived any of its rights or remedies described
in these Terms or the Online Shopping Terms and Conditions unless the waiver is
in writing and signed by PAWMART. No delay or omission by PAWMART in exercising
its rights or remedies will impair or be construed as a waiver of its right to
enforce such rights at any time.
Online Purchase Terms and Conditions
All online orders and purchases made through this Website are subject to the pawmart.ca Terms and Conditions of Use; PAWMART’s Privacy Policy and the terms and conditions outlined below. These Online Purchase Terms and Conditions may change from time to time without prior notice. Your purchase of PAWMART products through this Website constitutes acceptance of these Online Shopping Terms and Conditions.
In order to make a purchase on this Website you must be a registered account holder or checkout as a guest. In either case, you must be the age of majority in your province or territory of residence and will need to provide PAWMART with certain personal information so that your order can be processed. You are responsible to ensure the continued accuracy of this information. You agree to be responsible for: (a) the accuracy of all information that you provide to us, regardless of whether you register or purchase as a guest; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website; and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware.
PAWMART will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Online Purchase Terms and Conditions.
All prices listed are in Canadian currency and all charges will be processed in Canadian currency. Prices which may be displayed or advertised on the Website or through any other electronic communications from PAWMART are subject to confirmation, do not include shipping fees and applicable sales tax, and are subject to change without notice at PAWMART’s sole discretion. Shipping and taxes will be displayed at checkout prior to your final order submission. PAWMART reserves the right to limit the quantities of certain products which you can purchase through the Website and some items viewed on the Website may be unavailable for purchase online. Merchandise in your “shopping bag” is not reserved. PAWMART may cancel orders and refund customers’ payment because of pricing errors, unavailability of inventory or for any other reason. Once your order has shipped, you will receive a shipping confirmation email and your credit card will be charged. Orders will ship from various fulfillment centres across Canada. Orders cannot be shipped to addresses outside Canada or freight forwarding addresses. Priority shipments cannot be delivered to post office boxes. Shipping windows are estimates and delivery times are not guaranteed as orders may experience unexpected delays. PAWMART will not be responsible for any delays in delivery. For more information, please refer to our Shipping Policy.
Merchandise purchased through this Website may not be purchased or used for any purpose that is unlawful, misleading or deceptive. Orders which circumvent or abuse shipping thresholds, available complimentary shipping promotions or any other promotional offers may be refused or cancelled at PAWMART’s sole option. PAWMART may cancel or refuse to process orders that it reasonably believes include merchandise intended to be re-sold by the purchaser. Further, PAWMART may refuse any order that it reasonably believes has been placed by a customer who has violated these terms and conditions in the past.
If you have ordered a product by mistake, you may cancel the order by calling PAWMART Customer Care at 1-844-448-0844 or sending an email to info@pawmart.ca, where we will make reasonable efforts to accommodate the request. Provided that it is not marked as “Final Sale”, merchandise purchased through this Website (excluding gift cards) may be returned in accordance with PAWMART’s return policy. For more information, please refer to our Returns Policy.
Merchandise may be purchased using an accepted credit card. For security reasons and to prevent fraud: (i) PAWMART may suspend the use of all or some gift cards on this website and (ii) all orders for products placed through this Website will only be accepted by PAWMART if the name and address to which the credit card is to be billed corresponds to the name and address that is registered with the purchaser’s credit card provider. If the information does not correspond or if PAWMART reasonably suspects a fraudulent transaction, your order may be declined by PAWMART even though the transaction may have been pre-authorized by your financial institution. If this happens, the dollar amount of the order may not be available for other use on your credit card until it is credited back to your account, which may take between three to five business days (more for international credit cards). PAWMART may in its sole discretion, and without any liability, restrict or terminate your access to this Website at any time without prior notice. For more information, please refer to our Payment and Billing Policy.