Terms of service
OVERVIEW
This website is operated by OurPetNest. Throughout the site, the terms “we”, “us” and “our” refer to OurPetNest. OurPetNest offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.
Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your jurisdiction and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws or regulations, including copyright laws.
You must not transmit any worms, viruses or other code of a destructive nature.
A breach or violation of any of these Terms may result in termination of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred over various networks and may be changed to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted during transfer over networks where applicable.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete or not current.
The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information where appropriate.
Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information except where required by applicable law.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice where permitted by law.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot legally be excluded.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through our website.
These products or Services may have limited quantities and are subject to return or exchange in accordance with our Refund Policy.
We make reasonable efforts to display the colours and images of our products accurately. However, we cannot guarantee that the display of any colour or product on your device will be completely accurate.
We reserve the right, where permitted by law, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit quantities of products or Services offered.
Product descriptions, availability and prices may be changed at any time without notice.
We reserve the right to discontinue any product at any time.
Any offer for a product or Service made on this site is void where prohibited.
Nothing in these Terms affects any statutory consumer rights that cannot legally be excluded or limited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us where permitted by law.
We may, at our discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed under the same customer account, payment method, billing address or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing information or phone number provided when the order was placed.
We reserve the right to limit or prohibit orders that reasonably appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you when necessary.
For more information regarding returns and refunds, please review our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement, except where such warranties or conditions cannot legally be excluded.
Any use of optional third-party tools offered through the site is at your own discretion, and you should ensure that you understand and approve of the terms under which those tools are provided.
We may also offer new Services and/or features through the website in the future. Such features and Services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us.
We are not responsible for examining or evaluating the content, accuracy, privacy practices or security of third-party websites.
We are not responsible for damages arising from your purchase or use of goods, Services, resources or content available through third-party websites, except where responsibility cannot legally be excluded.
Please carefully review the third party’s policies and practices before engaging in a transaction with them.
Questions, claims or concerns regarding third-party products or Services should be directed to the relevant third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us ideas, suggestions, proposals, reviews, feedback, plans or other materials, whether online, by email or otherwise, you agree that we may use, edit, copy, publish, distribute and otherwise use such content to the extent permitted by applicable law.
We are under no obligation to maintain such feedback in confidence, pay compensation for it or respond to it unless otherwise agreed or legally required.
We may monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene, abusive or otherwise objectionable, or that violates another party’s intellectual property rights or these Terms.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy or other proprietary rights.
You also agree that your comments will not contain unlawful, abusive or obscene material, viruses or other malware.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments.
You are responsible for the content and accuracy of comments you submit.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information where appropriate.
Where permitted by law, we may cancel orders if information relating to the order was materially inaccurate.
We are under no obligation to update or amend information except as required by applicable law.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate applicable laws or regulations;
(d) to infringe our intellectual property rights or those of others;
(e) to harass, abuse, threaten, defame or otherwise harm another person;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or other malicious code;
(h) to collect or track the personal information of others unlawfully;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape the site unlawfully;
(j) for obscene or unlawful purposes; or
(k) to interfere with or circumvent security features of the Service or related websites.
We reserve the right to terminate or restrict your use of the Service for violating any prohibited use, subject to applicable law.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will always be uninterrupted, timely, secure or error-free.
We do not warrant that information or results obtained through the Service will always be completely accurate or reliable.
You acknowledge that we may temporarily suspend or discontinue parts of the Service.
Except where prohibited by applicable law, the Service and all products and Services delivered through the Service are provided “as is” and “as available” without representations, warranties or conditions beyond those expressly stated by us.
Nothing in these Terms excludes or limits any warranty, guarantee, condition or consumer right that cannot legally be excluded.
To the fullest extent permitted by law, OurPetNest and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Service or products purchased through the Service.
Where applicable law does not allow certain exclusions or limitations of liability, our liability will be limited only to the maximum extent legally permitted.
SECTION 14 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless OurPetNest and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from third-party claims arising from your breach of these Terms, violation of applicable law or infringement of another party’s rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
Any unenforceable portion shall be considered severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before termination shall survive termination where appropriate.
These Terms remain effective unless terminated by either you or us.
You may stop using our Services at any time.
If we reasonably determine that you have failed to comply with these Terms, we may suspend or terminate your access to the Services, subject to applicable law.
You will remain responsible for amounts properly due before termination.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, together with policies or operating rules posted on our website, constitute the agreement between you and us regarding your use of the Service and supersede previous versions of these Terms.
SECTION 18 – GOVERNING LAW
These Terms of Service are governed by applicable law. If you are a consumer in the United Kingdom, you will continue to benefit from any mandatory protections provided to you under UK consumer law, and nothing in these Terms is intended to limit or exclude those rights.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.
Where required by applicable law, we will provide appropriate notice of material changes.
Your continued use of the website or Service following changes to these Terms constitutes acceptance of those changes to the extent permitted by law.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
OurPetNest
ourpetnest.co@gmail.com