Terms & Conditions

Effective Date: September 1, 2021

Last Updated: September 4, 2025

 

1. Introduction to the Terms & Conditions

DogPack is a mobile application and web-based platform owned and operated by DogPack App Inc. (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the DogPack application (the “App”) and its associated website located at dogpackapp.com  (the “Website”), including any services, features, or content made available through these platforms (collectively, the “Services”).

By downloading, installing, accessing, or using the App or the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services. These Terms form a legally binding agreement between you and DogPack App Inc., a company registered in Montreal, Quebec, Canada.

Please review these Terms carefully, as they contain important information about your rights, obligations, and restrictions when using the Services. If you have any questions, you can contact us at [email protected].

These Terms are governed by the laws of the Province of Quebec, Canada, and any disputes will be resolved in accordance with Quebec law.

This document was last updated on November 26th, 2024.

 

2. Your Account

You (‘the User’) are responsible for maintaining the security of your DogPack (known as “App”, “Service”) account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from DogPack. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your account on the Service, at the discretion of DogPack. You may not use false or misleading information in connection to your account, or misuse the name or reputation of others, and DogPack may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose DogPack to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

Any User wishing to delete their Account should contact DogPack by sending an email to [email protected] or by using the “Delete Account” feature in the App.

Please note that once an Account is deleted, all information & content of the User’s Account will be removed from the App and will not be recoverable. For more information relating to ways your data and account information is handled, please refer to our privacy policy.

 

3. Responsibility of Users of the App

When accessing or using the App, you agree to behave in a civil and respectful manner at all times. We specifically prohibit any use of the App, and you agree not to use the App, for any of the following: 

• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, provincial, territorial, national or international law or regulation.

• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to use it.

• Advertising the sale of dogs.

• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another.

• Fundraisers or monetary solicitations are prohibited unless expressly approved by DogPack in writing

• Attempting to interfere in any way with the App, or our networks or network security, or attempting to use our App to gain unauthorized access to any other computer system or mobile device.

• In addition, if you operate an account, contribute to an account, post material to the App, post links on the App, or otherwise make material available by means of the App (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content. DogPack will remove Content that is judged by us to be obscene, libelous, hateful or racially or ethnically objectionable, or that violates the privacy or publicity rights of any third party. You agree that there is no tolerance for objectionable content or abusive users on the App. Any such content will be removed from the App and the violating User’s account will be terminated immediately at DogPack's discretion, with no recompense of Treats (DogPack’s in-app currency) or availability to restore saved information on User's profile.

• You are responsible for visiting Dog Parks (or Dog Runs) and Dog-Friendly Areas, only during opening hours. It is your responsibility to check the opening hours of each Dog Park or Dog Friendly Area. The User is responsible for keeping their dog on a leash in Dog Parks and Dog Friendly Areas where it is required to do so. DogPack will not be responsible for any fines or penalties incurred due to you being in the Park or Area in accordance with applicable local regulations. 

• If you delete Content, DogPack will make a reasonable effort to remove it from the App and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.

• You are responsible for taking precautions as necessary to protect yourself and your device from viruses and other harmful or destructive content. DogPack shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems. DogPack disclaims any liability for any harm or damages resulting from your access or use of the App or website. 

• DogPack Users agree to creating only one Account. Should DogPack become aware of “fake”, “spam”, or “troll” accounts created for the purpose of earning “Badges” & “Treats”, disrupting other Users or any other activity deemed as unjustified, DogPack will delete the Account without any notice to the User. Users are encouraged to report suspicious accounts to DogPack to keep the community safe.

 

4. Copyright Infringement

DogPack respects the intellectual property rights of others and expects its users to do the same. If you believe that material located on or linked to by the DogPack App or Website infringes on your copyright, you may submit a written notification of such infringement to DogPack’s Support Team, acting as our designated Copyright Agent, as outlined below.

To file a copyright infringement notice, please include the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

2. Identification of the copyrighted work(s) that you claim has been infringed.

3. Identification of the material that you claim is infringing, and sufficient information to enable us to locate the material on the App or Website (e.g., a URL or specific description).

4. Your contact information, including your full name, mailing address, telephone number, and email address.

5. A statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.

6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please direct copyright infringement notices to:
DogPack Support Team
Email: [email protected]
Mailing Address: 9999 Cavendish Boulevard, Suite #101, H4M 2X5, Saint-Laurent, Quebec, Canada

Upon receiving a valid copyright infringement notice, DogPack will take appropriate actions, which may include removing or disabling access to the infringing material and notifying the user responsible for posting it.

Repeat Infringers
DogPack has a policy of terminating, in appropriate circumstances and at its discretion, accounts of users who are determined to be repeat infringers.

If you have any questions about our copyright policy or how to file a notice, please contact us at [email protected].

 

5. Gift Cards, Giveaways, and Badges

Items listed in The "Gift Cards & Giveaways" are subject to availability. Items are available to be shipped only to the locations specified in the listing. All items in The "Gift Cards & Giveaways" section ship free of charge and may take several weeks to arrive at the User's address. The ‘Quantity Remaining’ displayed is for informational purposes only and does not guarantee that any quantity will remain by the time the User and the ‘Store Owner’ (a third party not affiliated with DogPack in any way besides for agreeing to participate in ‘Gift Cards & Giveaways’) have confirmed shipping details. In the event that a ‘Store Owner’ does not fulfill their agreed upon obligation as agreed upon with DogPack, and fails to supply items to the User in a reasonable amount of time, the User will be fully refunded all “Treats” (“Treats” are earned by the User as they continue to use the App) they have spent redeeming the item. DogPack reserves the right to change “Prices” (priced in Treats) in the "Gift Cards & Giveaways" section at any time.

Users who exchange their Treats for a raffle ticket are entered into the raffle and the winner is chosen at random. Users may purchase more than one raffle ticket per raffle. Users who do not win the raffle are not refunded their Treats. 

If a User redeems their Treats in exchange for any dog food product, please take the correct steps in ensuring the product is right for your dog. DogPack is not responsible for any food poisoning or injury a dog may receive from products featured in our “Gift Cards and Giveaways” section. DogPack strongly recommends consulting a veterinarian before introducing new food products to your dog.

Please note that for Badges which are earned through visits to Dog Parks and Dog Friendly Areas, the User will only receive a badge (and its corresponding treats) if they spent a minimum of five (5) minutes checked-in to the location. 

 

6. Lost Dogs

DogPack offers a feature for users who wish to notify other users in their area about a missing pet. The feature includes a notification that will be sent out to all users within ten (10) kilometers of the location the dog was last seen (as provided to DogPack by the user).

DogPack does not incur the responsibility of finding a user's lost pet. DogPack only agrees to provide a service for users which can aid in finding a lost pet.

DogPack reserves the right to not send a notification if a post on the Lost Dog Feed is deemed to be inappropriate, irrelevant or spam.

DogPack users agree that posts regarding lost dogs can not be published on the Global Feed. Posts on the Global Feed deemed to be regarding a lost dog will be removed.

Any public contact information a user releases (e.g. telephone number, email address) when posting their lost pet is public and can be seen by all. DogPack advises users to take precautions and only share information that they deem necessary. 

DogPack is not responsible for the accuracy of information posted by users or for the outcomes of efforts to locate lost pets.

 

7. Location Tracking

To get the most out of the App, it is recommended that you allow the App to use your current location. This will enable the ‘Auto Check-in’ and ‘Auto Check-out’ functionality to work as designed and give you the best experience on the App. DogPack will never share a User's location or data of any kind, with anyone. 

Please see DogPack’s Privacy Policy, particularly Section 11 (“Security”) for information as to how DogPack uses your location. 

8. Notifications

In order to get the most out of the App, it is recommended that you allow the App to send you notifications. Users may opt-out of notifications at any time through the app settings or device settings. Some notifications may be critical for app functionality.

 

9. Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. 

 

10. Business Pins

DogPack offers dog-friendly businesses the opportunity to list their business on the DogPack map. Representatives of the business can manage their account details, contact information, social media information, and description of their business by logging into their DogPack Business Account. Businesses can also post updates and photos to the Feed from their account. 

DogPack reserves the right to approve, deny, or remove business pins at its discretion. Businesses can request DogPack to remove their pins from the DogPack App map at any time. 

By using the DogPack mobile application or DogPack website, you acknowledge and agree that any contact or interaction with businesses listed on DogPack is entirely at your own discretion and risk. DogPack does not assume any responsibility for any harm, damages, losses, or liabilities that may arise as a result of engaging with these businesses.

Furthermore, businesses choosing to list their services on DogPack should understand and accept that accepting clients from the App may also carry inherent risks. DogPack shall not be held liable for any harm, damages, losses, or liabilities incurred by businesses due to their decision to engage with clients sourced through the App.

While DogPack aims to provide accurate and up-to-date information regarding the businesses listed, we do not guarantee the quality, safety, or reliability of these businesses. Users are encouraged to exercise their own judgement, conduct due diligence, and take necessary precautions before engaging in any transactions or interactions with these businesses.

It is important to note that DogPack does not endorse or have any control over the actions, policies, or practices of the businesses listed on the App. Any disputes, claims, or issues arising from such interactions are solely between the user and the respective business, and DogPack shall not be held responsible or liable for any such matters.

 

11. Child Safety Policy

At DogPack App Inc., the safety of children is of utmost importance. We are committed to preventing the exploitation and abuse of children on our platform. To ensure compliance with industry standards and legal obligations, we have implemented the following measures:

1. Prohibited Content:
   Any content related to child sexual abuse material (CSAM) or that violates child safety standards is strictly prohibited on our platform. Users found engaging in such activities will be immediately reported to the appropriate authorities and banned from the platform.

Examples include, but are not limited to:

Child Sexual Abuse Material (CSAM)

CSAM includes still images, videos, and illustrated, computer-generated or other forms of realistic depictions, as well as live streaming broadcasts of a child in a sexually explicit context, or engaging in sexually explicit acts.

Online Grooming

Grooming broadly describes the tactics abusers use to build trust and rapport with a child in order to gain access to that child for the purpose of sexual activity or exploitation. This type of victimization takes place across every platform; social media, messaging apps, gaming platforms, etc., and may include instances when a child is being groomed to take sexually explicit images and/or ultimately meet face-to-face with someone for sexual purposes, or to engage in a sexual conversation online or, in some instances, to sell/trade the child’s sexual images.

Minor Sexualization

is the creation or sharing of content (including photos, videos, real-world art, digital content, and verbal depictions) that sexualizes real or non-real children.

Sextortion

is a form of child sexual exploitation where children are threatened or blackmailed, most often with the possibility of sharing with the public a nude or sexual images of them, by a person who demands additional sexual content, sexual activity or money from the child.

Live-streamed child abuse

Live-streamed child abuse, also known as online streaming, allows abusers to create child sexual abuse content in real-time. Livestreaming of child sexual abuse may include adult offenders who direct the child abuse whilst the acts are streamed live to an audience, or coerce children into using livestreaming platforms to produce child sexual abuse material.

Trafficking

Child sex trafficking is a form of child abuse that occurs when a child under 18 is advertised, solicited or exploited through a commercial sex act. A commercial sex act is any sex act where something of value – such as money, food, drugs or a place to stay – is given to or received by any person for sexual activity.

 

2. Reporting Mechanism:
   If you encounter any content or activity on DogPack that you believe violates child safety standards, you can report it directly through one of our in-app reporting features Either: Click the 3 dots near any post and click ‘Report this post as inappropriate’, or contact us in-app by messaging ‘Supportdog’, or email: [email protected]. Reports will be reviewed promptly, and appropriate actions will be taken.

3. Collaboration with Authorities:
   We fully cooperate with regional and national law enforcement agencies in investigating and addressing cases of child exploitation and abuse.

4. Content Moderation and Prevention Measures:
   Our team actively monitors the platform to detect and remove any content that violates child safety policies. We utilize a combination of manual review processes and automated tools to ensure compliance with these standards.

5. Educational Resources:
   We encourage users to learn more about child safety and online protection. For detailed information and helpful resources, please visit Technology Coalition’s Resources or other trusted organizations dedicated to combating child exploitation.

6. User Responsibility:
   By using our platform, users agree to abide by these child safety policies. Any violations will result in the immediate termination of your account and further legal action where applicable.
   
    

DogPack Seller Terms of Service and House Rules 

Welcome to the DogPack Marketplace! 

The DogPack Marketplace is designed to be a centralized hub within the DogPack Ecosystem that allows pet parents to connect with sellers all around the world. Being part of the DogPack Marketplace allows you to sell the products and services that you’ve curated, designed and built to pet parents and their fuzzy companions. As such, we want to make sure that the experience is a positive one for all parties, and that we create a space where we can create a better world for pets. Please read through this guide to understand more about your rights, as well as what’s expected of you as a member of the Marketplace Community. 

1. Selling 

   1. What can be sold on the DogPack Marketplace

   2. What can’t be sold on the DogPack Marketplace 

   3. Managing your store 

   4. Reviews and Responses

2. Your place in the DogPack Marketplace Community 

   1. Ownership of Content 

   2. Standards of Communication 

   3. Protection of Information 

   4. Other Sellers 

   5. Visibility and Account Management

 

1. Selling 

 

The following sections are designed to help set you, as a member of the DogPack Marketplace, up for success by ensuring that all of the items that you sell are within the boundaries of what we’re able to offer while ensuring that we remain a positive space for all. 

 

a) What can be sold on the DogPack Marketplace 

 

Our Marketplace is built for retailers that have products that they have created, curated and / or designed with pets in mind. 

 

We believe that in order to be a member of the DogPack Marketplace Community, your products should be focused on supporting pet parents in their journey as owners and providers for their furry companions. We expect that each product that you sell will build on our collective mission to make the world a better place for pet owners and their pets. Although each seller will approach this mission in different ways, we expect a few shared principles: 

 

1. Product descriptions will have a clear and accurate description of the product - where it was made from, and what it’s made of. 

2. Each Seller will provide an About Us section that helps buyers understand a bit more about your store and your products. 

3. High resolution photographs of your actual products, so that our community has a clear understanding of what they’re buying - not stock photos or artistic renderings that do not share an accurate picture of the products. 

4. If an item is being created through the use of artificial intelligence, you must disclose this in the description of the products. 

 

As sellers in this community, you play a critical part in the development of not only the Marketplace, but also the lives of the pets and their parents that you sell to. We encourage taking the opportunity to connect meaningfully with our pet parents in a variety of ways, from disclosing the materials that you use in your products, to providing buyers with insight on your mission and vision and values as sellers. 

 

b) What can’t be sold on the DogPack Marketplace 

 

Not all products that meet the above criteria are suited for the DogPack Marketplace. Prohibited items, services, and items that violate our intellectual property policies are subject to removal. 

 

All listings must offer an item for sale that is fulfilled by you - you may not create a DogPack Marketplace listing for the purposes of selling off of the site, sharing a referral code, or posting a want ad. 

 

DogPack reserves the right to remove any listings that violate our polices, up to and including the termination and delisting of the store. We use a combination of automated systems, manual monitoring tools as well as flagging from our community members in order to help us identify items or stores that violate our policy. In the circumstance where DogPack has terminated and / or suspended a seller account for violations of our terms of service, that seller will remain responsible for all outstanding fees on their Marketplace account. 

 

i) Prohibited Items

 

The DogPack Marketplace is committed to building a transparent and collaborative community where all members can feel safe and comfortable. As a result, we have a zero tolerance policy against any items that promote, support or encourage hatred, racism and violence.

 

Outside of these core rules, we respect that policy decisions around selling can sometimes be complex - we ask that you respect our shared community by only selling items that you feel would be appropriate for all ages, and for users to freely browse without having to worry about consuming content that would be inappropriate and / or uncomfortable. Our goal is to create a community where you are a key part of the story - we want for that story to be a positive one. 

 

More broadly, items in the following categories may fall under prohibited content and removed at our sole discretion; 

 

1. Items promoting drug abuse and drug paraphernalia 

2. Dangerous or hazardous materials and items that could injure either pets or humans 

3. Internationally regulated items 

4. Items promoting sexual content and / or profane materials 

5. Unauthorized and / or counterfeit goods 

6. Products and / or items promoting dog sellers / breeders, or directly retailing as a breeder and / or seller. 

 

For clarity - the above is not an exhaustive list, and DogPack retains the right to remove any content that we deem in our sole discretion could harm the Marketplace Community. 

 

This policy is a part of our Terms of Use - by creating a DogPack Marketplace Seller account, you are agreeing to this policy and all that it entails. If DogPack believes that a product has violated our content guidelines, we will notify you upon removal of that product. Exceptions include egregious violations of our guidelines, repeated violations, and / or legal or regulatory reasons that prohibit us from notifying you. 

 

ii) Services

 

The DogPack Marketplace is intended to service pets and their owners, and a big part of that community is just that - services!

 

We understand that many of the providers in the pet community will want to post their services on the Marketplace. At the current time, the Marketplace is not set up to provide services, and as per section 1), services would not meet the minimum requirements for posting their business on the Marketplace at the current time. 

 

Fear not, service providers! We’re working on being able to provide Services in an upcoming marketplace update in the future, and we’re excited to welcome you onto the platform when we launch. In the meantime, we’re happy to welcome you into the DogPack community in other ways, such as ensuring that your service area is visible on our geo-location map for users that are looking for local services and retailers near them. 

 

ii) Intellectual Property 

 

As a community, we want to be able to work together to build a better world for pets and their owners. Part of that means respecting others in the marketplace, and their creations. We comply with intellectual property laws as well as industry best practices and standards to ensure that we’re maintaining the highest possible integrity as it pertains to the DogPack Marketplace. This policy is part of our Terms of Use. 

 

Marketplace Sellers are responsible for ensuring that the content and products that they are selling are within their rights to sell, and they are not infringing or violating any third party’s rights by posting it. DogPack reserves the right to take any actions to limit or terminate content that violates our terms of use, up to and including the termination of the seller’s account on the DogPack platform. DogPack is not in a position to arbitrate intellectual property ownership, or provide legal advice or make legal determinations about whether a seller is legally violating or infringing on a third party’s intellectual property. DogPack will remove materials that are cited for intellectual property infringement in its sole determination when provided with a report that complies with our polices for reporting infringement. 

 

c) Managing your store 

 

As a seller, you’re a critical part of the DogPack Marketplace. We believe in creating a fair and equitable community for all sellers, and while we understand that each seller will manage their store in their own ways, we would like for each seller to meet the basic standards of care and respect for others and the user community. 

 

We ask that you agree to following the below rules as a pre-requisite to helping maintain our shared community; 

 

1. Keep your About Us section of your store up-to-date, honest and accurate. 

2. Honour your Shop Policies. 

3. Ensure that your content, including but not limited to product descriptions, videos, pictures and any other material that you are directly responsible for creating and owning on the DogPack Marketplace complies with our Terms of Service. 

4. Accurately depict your items, the sizing, materials used, method of manufacturing, etc. While we respect your privacy to only disclose information that you are comfortable with, please ensure that you do not make false claims related to country of origin (for example, including a “Made in Canada” for products that do not fit that designation. 

5. Respect the Intellectual Property rights of other sellers. 

6. Do not facilitate off-platform transactions, or redirect the user to a separate platform for purchasing, either directly or through the usage of content that you own (such as the about us or product descriptions). 

7. Do not create multiple shops with the same content / duplication of content for the purpose of manipulating results or circumventing our terms of service and / or user policies. 

8. Do not co-ordinate price fixing with other sellers on the market. 

 

By listing a product for sale on the DogPack Marketplace, you are agreeing to service the users that find and purchase that product. We expect that as part of the community, you are helping to provide a best in class customer experience, including customer service. DogPack Marketplace assumes no responsibility for the management of your store, including but not limited to the accuracy, labelling or content of your listings, nor the customer experience that accompanies buying a product from your store. As such, we rely on sellers to own the experience for users from the time of purchase until delivery, and we encourage our sellers to build a relationship with their customers so that they can create compelling experiences to return to the platform and continue purchasing from your store. 

 

By selling on the marketplace, we ask that all sellers agree to the following basics: 

 

1. Adhere to your fulfillment times, and ensure that you dispatch an item or complete the transaction with a buyer in a prompt manner, extenuating circumstances aside. 

2. Respond to seller inquiries in a timely manner

3. Honour your shop policies and the commitments that you make for sellers 

4. Resolve disagreements and order issues with the buyers directly 

5. If you are unable to resolve and / or complete an order, you must notify the buyer and cancel the order. 

 

All sellers on the Marketplace are required to pay fees for the products that they sell. An up-to- date listing of fees can be found here (All listed fees are for basic accounts, and do not include promotions nor do they include special terms found in any bespoke agreements between DogPack and any particular seller. In the case that a separate executed agreement exists between DogPack and a seller, that executed agreement shall take precedence over these listed fees): 

 

Fees	Cost
Stripe Fee (Payments Processing Gateway)	Passthrough (no upcharge)
DogPack Transaction Fee	Variable
DogPack Monthly Fee	$4.99 USD

 

d) Reviews and Responses

 

As a community, DogPack’s Marketplace is designed to facilitate feedback - especially around products that our users love. As the seller, you may have reviews submitted by users that help other users understand not only how great your products are, but provide contextual feedback around the products - which breeds they might be great for, the quality of products that you’re using, and other great bits of feedback that our other users can leverage for validation and feedback. 

 

While buyers are encouraged to leave their positive feedback, on rare occasions, you may have an unfavourable review. In this circumstance, we encourage you to reach out to the buyer to find a way to make things right - ultimately, we want this experience to be paw-sitive for all involved, sellers especially. We do have some clear guidelines regarding both reviews and the responses to them that we ask that all parties follow in order to ensure that our experiences remain respectful - all content must not do any of the following;

 

1. Shilling or false claims 

2. Complaints about things outside of the seller’s control, such as a delivery company or DogPack’s Marketplace 

3. Collaborating with others to drive negative reviews to a specific store and / or product

4. Contain profane, graphic, inflammatory or obscene material that is subject to our terms of use

 

2. Your Place in the DogPack Marketplace Community 

 

The DogPack Marketplace was created to bring buyers and sellers together, and unite them in their passion and love for pets. As a member of this community, you represent an important pillar in growing a successful community for buyers to feel safe - both for themselves and their furry friends. 

 

We ask that you comply with the following guidelines to help facilitate a best in class experience for all involved. 

 

1. Ownership of Content

 

As the owner and creator of the store page that you run as a Seller, you agree that you own, without limitations, all of the content that you are directly responsible for. We ask that you ensure that your content is safe, respectful and does not violate or infringe on any third party, or our terms of service. Specifically, you agree that your content will not;

 

1. Depict or contain profane images or texts 

2. Contains hateful or defamatory / derogatory materials or any content that runs counter to our terms of service 

3. Violates intellectual property rights 

4. Is false, deceptive or misleading

5. Contains advertising for non-Marketplace related services and activities that take place off of the platform 

6. Requests for donations 

7. Encourages or tries to facilitate off-platform activities 

8. Contains references to drug abuse and or drug paraphernalia 

9. Sexual and / or graphic content 

10. Violates any of the rules established in our content policy in our terms of service. 

 

The above is a non-exhaustive list, and DogPack retains the right in its sole discretion to determine when content is damaging to the marketplace. As a method of recourse, DogPack may take a number of actions to prevent the misuse of the platform, from reaching out to the store owner and requesting the content be changed, to the extent of removing the items and / or store, as well as any actions in between. 

 

2. Standards of Communication

 

Sellers agree that the use of any on-platform communications to transmit messages and / or content that can be considered, in DogPack’s sole discretion, to be in violation of our terms of service is strictly prohibited. Similarly, any use of the on-platform communications to harass members of the user community or other sellers will be considered a breach of terms, and can result in immediate termination of the seller account. 

 

In a circumstance where communication between the Seller and buyer is a result of, or in itself causes a cancellation, sellers must be clear in their notification to buyers that the sale has been cancelled. If the buyer has already submitted payment, then you must issue a full refund if the product is cancelled and you are unable to complete the transaction. You are encouraged to keep all records of the transaction and the communications related to it in the case that a dispute arises. 

 

Communications may not be used under any circumstances for the following reasons; 

1. Harassment or abuse of another seller 

2. Contacting someone after they have explicitly requested no further contact

3. Interference with other sellers on the marketplace 

4. Using DogPack communications for the purpose of setting up Services, and / or off-platform transactions 

5. Exchanging personal information with the intention of sending a buyer to another platform or website with the intention of defrauding or scamming the end user 

 

3. Protection of Information

 

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use DogPack Marketplace user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to DogPack Marketplace users with whom you interact. Your privacy policy must be compatible with this policy and DogPack’s terms of service. 

 

For clarity - when you sell on the DogPack Marketplace, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and delivery address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for DogPack Marketplace purposes and related activities on the platform; you may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any information that you receive from the buyer to an email or physical mailing list, use the buyer’s identity for marketing purposes, or to obtain or retain any payments information about the buyer for the purposes of charging them for additional services or transactions that the buyer has not already explicitly consented to as part of the transaction on the platform. 

 

Please bear in mind that you’re responsible for establishing consent with the user. If DogPack Marketplace and you are found to be joint data controllers of personal information, and if DogPack is sued, fined and / or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify, defend and hold DogPack (and its employees, agents, consultants, subsidiaries, affiliates, partners and licensors) harmless against any claims, costs, losses, damages, liabilities, judgements and expenses including but not limited to reasonable lawyer fees in connection with your processing of buyer personal information. 

 

If you leverage DogPack in conjunction with another third party provider (like Shopify), DogPack warrants that any data shared with DogPack from third parties via API or otherwise will be protected to the same degree as any other sensitive information stored and entered within DogPack by the user. Any use of data will be solely for the purpose of providing our services at DogPack to your application, and all data will be kept as secure and confidential. 

 

In any circumstances where a DogPack user is leveraging DogPack in an integration format with a third party provider, DogPack agrees to act in the capacity of a developer assisting the user in the creation of an integrated solution. As such, DogPack agrees to restrict its usage of any data to the terms and conditions of the third party provider for which the data is being retrieved, including but not limited to protections around the data and usage of it. 

 

4. Other Sellers

 

The DogPack Marketplace is intended to be a paw-sitive community focused around working together to create a better world for pet parents and their owners. Your peers in the market are critical for developing that shared vision, and we want to make sure that we’re all working towards the same goal. In order to ensure that we remain collaborative in that mission, we ask all sellers to follow the same fundamental principles designed to help us remain a strong community; 

 

1. Sellers are prohibited from contacting other sellers and buyers to warn them away from a particular seller or vendor, or any items on the marketplace. 

2. If a seller feels like another marketplace offering is not in the best interest of the community, we ask that you reach out directly to DogPack to manage the concern. 

3. Purchasing from other sellers with the expressed intent of leaving a negative review, or leaving negative comments on other vendors in an effort to push interest away from their products. 

4. Creating fake accounts in an effort to derail another seller’s business by either engaging in brigading or fake purchasing / cancelling or other negative behaviour 

5. Targeting other accounts or sellers through your own submitted content / descriptors 

 

DogPack will review any materials that are reported to us, and will take action to protect sellers against intentionally malicious actors on the platform. Our primary goal is to ensure that all sellers feel comfortable in our community. 

 

5. Visibility and Account Management

 

DogPack Marketplace’s primary objective is to bring together a community of sellers and pet parents to find products that they’ll love. As part of our Partnerships program, we may choose to partner closely with certain brands that have a history of success and customer satisfaction, and for whom we feel would benefit from having our stamp of approval. 

 

Members of the DogPack Verified Sellers group (DPVS) will receive premier branding, and will have the opportunity to work directly with our partnerships and sales team in order to manage their visibility in both the marketplace and the broader app ecosystem. 

 

DogPack maintains the DPVS verified system in its sole discretion - members of the marketplace may apply through formally reaching out to the DogPack Partnerships & Sales team through the app or desktop experience, after which a formal review will be conducted. 

 

Within the general market group, DogPack and / or DogPack Users (buyers) may leverage pet information in order to facilitate optimal search results, which can result in slight differences in results from one users to another. Our commitment is to ensure that all general sellers in the marketplace have the ability to succeed, and the only time in which a seller’s search results will be either minimized or removed entirely will be in the case that they are under active investigation for violation of terms of service. In addition, visibility may be modified in the circumstances where there are terms on product listings that represent prohibited items, or sensitive materials that are being reviewed. 

 

In addition, if DogPack has reason to believe that you, your content, reviews, messages, or general activity on the platform violates our terms of use including these House Rules, we may deactivate and / or remove the content to some or all users, as well as suspend or terminate your account and any accounts that DogPack in its sole determination are related to your account. Generally, DogPack will notify you that your content and / or account has been removed or suspended, unless you’ve either repeatedly violated our terms, the violation is considered an extreme one, or we have legal or regulatory reasons preventing us from notifying you. As a seller, you agree that DogPack has the sole authority to suspend and / or terminate an account that is, in DogPack’s sole determination, violating its terms of service. Furthermore, you represent that you are aware that DogPack will, where possible, provide explanations, but that DogPack is not required to provide guidance related to removal of content and / or account suspension and termination. 

 

Terms of Service

 

Welcome to the DogPack Marketplace Community! 

 

We’re building a better world for pet owners and their furry friends. We ask that you, as sellers, help us build that world by agreeing to the following terms of use - while each seller is unique, we hope that these rules will establish a shared foundation for respect and collaboration. 

 

1. Accepting These Terms 

2. Links to other supplementary documentation 

3. Your Privacy

4. Your Account - Sellers 

5. Content

6. Use of the DogPack Marketplace

7. Termination

8. Warranties

9. Indemnification

10. Disputes with other users

11. Arbitration and Dispute Resolution 

12. Changes to these terms 

 

1. Accepting These Terms 

 

This document and the other documents that we reference are collectively referred to as our House Rules or our Terms of Service. 

 

The Terms are a legally binding contract between you and DogPack App. 

 

Please note that these TOS contain an arbitration clause and a class action waiver, applicable to all users that engage with the DogPack Marketplace in any way, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with DogPack through binding individual arbitration exclusively, with only limited exceptions. That means that you and DogPack are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please, read this section carefully as it affects your rights. 

 

This contract sets forth your rights and responsibilities when you use DogPack, the DogPack Marketplace, our mobile apps, and any other services provided by DogPack (referred collectively as the Services), so please read through these terms carefully. By using our services (even just browsing our websites / apps as an example), you are agreeing to the terms. If you don’t agree with these terms, you may not use our Services. 

 

To access the services as a seller, you must register as a DogPack Seller. To complete registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. DogPack may choose to reject your registration / application or cancel an existing registration for any reason at DogPack’s sole discretion. 

 

2. Links to other supplementary documentation 

 

Our DogPack Community is a space for buyers and sellers to come together in order to build a better world for pet parents and their furry friends. That means that we need to work collaboratively - our role in this process is to help set the pace and build the foundation for success by establishing a set of shared rules across both buyers and sellers. 

 

All of these policies are part of our terms of service, so please read the ones that are relevant for you! 

 

3. Your Privacy

 

Personal information is important to all of us - and we know that ensuring that we keep a tight lid on how personal information is collected and shared is key to establishing trust among our users. Our details how your information is collected, used and shared when you use our services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here. 

 

Both DogPack and the sellers on DogPack process members’ personal information (for example, buyer name, email address, and delivery address). That means that each party is responsible for the personal information that it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address, then that seller will be responsible for that unauthorized disclosure. 

 

If you as a seller and DogPack are found to be joint data controllers of any users’ personal information and DogPack is sued, fined or otherwise incurs any expenses because of something that you did or failed to do as a joint data controller of users’ personal information, then you agree to defend and indemnify DogPack in accordance with below. 

 

You are responsible for ensuring that your account is managed in a safe and secure manner - including but not limited to being responsible for keeping your password secure. DogPack cannot and will not be liable for any losses or damages incurred from the failure to maintain account security. We may request additional security measures at any time, and we reserve the right to adjust these requirements at our discretion. 

 

4. Your Account - Sellers 

 

You’ll need to create a seller account to use our seller features on the Marketplace and join our community as a retailer. Here are a few rules around the use of our Seller features:

 

1. You must be at least 18 years or older to have a Seller Account. Minors under 18 are not permitted to set up a seller account, and be responsible for managing a store. You are responsible for any and all account activity conducted by a minor on your account, including but not necessarily limited to authorized access by the shop owner. 

2. All users agree to not misrepresent themselves, their businesses, products or services when setting up the platform. All users are asked to be responsible for what they say, and do. It’s prohibited to use false information in order to set up an account, or impersonate another person or company in the process of creating an account, whether for the purposes of financial gain or otherwise. 

3. All documentation and information that you submit is subject to our terms of service - please ensure that information that you provide regarding the submission of your business and the business name does not contain inappropriate materials or profane imagery or content. 

4. You’re solely responsible for all activity that you allow on your account. If you’re sharing an account, then the person whose financial information is on the account will be the primary person responsible for all activity on that account. If you’re registering as a business entity, you are personally guaranteeing that you have the authority to agree to the terms of service on behalf of the business. Accounts are not transferable. 

5. Protect your login information. As we mentioned above, you’re solely responsible for the activity that occurs on your account, and it’s important that you keep your login information secure.

6. These terms allow for sellers to be present in the marketplace - they do not confer a relationship of partnership, joint venture, ownership, employment, or franchisee relationship between your business, yourself and DogPack in any way. 

 

As a point of clarity around the process of creating seller accounts; during the set up process for creating an account as a seller on DogPacks’ marketplace, DogPack will use the information that you provide in order to set up an account with our payments partners in order to ensure that you are able to securely take payments, as well as receive the revenues from those payments. 

 

As part of this process, we will refer you to the payments partner in order to set up an account, for which we will then provide tools to manage within our dashboard. This will allow you to be the merchant of record for all transactions that take place on the platform. Within the current DogPack Marketplace, Stripe is our current vendor for all payments processing. 

 

Stripe, in its sole discretion, may elect to discontinue working with a specific seller due to a variety of reasons. If this does occur, the primary method of revenue acceptance for the seller account will be removed. DogPack will notify the user, and discontinue service to the store. This process remains separate and the removal of an account for this purpose does not necessarily mean that the account has violated DogPack’s terms of service - only that it has been removed from the connections that Stripe will allow, and thereby will be unable to process payments. 

 

If the seller then creates additional accounts for the purposes of circumventing the appeals process, or attempts to misrepresent who they are, their business or some other form of activity that does violate the DogPack terms, that account and user will be suspended and / or terminated without necessarily involving Stripe’s feedback. 

 

Unless otherwise posted in your dashboard, DogPack (or the Payment Processor, “Stripe”) will initiate payouts to your designated bank account on a periodic basis (e.g., daily or weekly) after funds clear and subject to any holds, reserves, reversals, chargebacks, refunds, disputes, compliance reviews, or risk checks. Payouts may be in the transaction currency or your settlement currency; if foreign exchange applies, conversion is performed by the Payment Processor (Stripe) at its applicable rates and fees.

 

You are solely responsible for chargebacks, payment reversals, refunds, disputes, and any associated network or processing fees arising from your transactions. If a chargeback, reversal, refund, dispute, adjustment, or investigation occurs, DogPack or the Payment Processor may (i) debit or withhold amounts from your current or future payouts; (ii) collect the amount from a payment method on file; or (iii) require you to remit the amount immediately upon notice. You must timely provide receipts, shipping proofs, communications, and any other evidence we reasonably request to respond to a dispute or chargeback. We do not control card-network or bank determinations and are not liable for their outcomes.

To manage risk, DogPack may, in its sole discretion and based on factors including but not limited to your refund/chargeback rates, performance, category risk, compliance flags, velocity, fulfillment delays, or suspected fraud:

1. Establish, maintain, increase, or release a reserve of your funds;
    

2. Defer or hold payouts (including a rolling hold up to a posted percentage for a posted period);
    

3. Require additional security (e.g., a letter of credit or guarantee); and/or
    

4. Delay settlement until risk is resolved (e.g., order delivery confirmation or dispute closure).
   We may notify you of reserve parameters in your dashboard or by email; parameters may change at any time as risk changes.

DogPack may set-off or net any amounts you owe (including fees, reserves, negative balances, chargebacks, refunds, adjustments, penalties, taxes, or indemnifiable losses) against any amounts we or the Payment Processor owe you, and may debit any payment method or bank account you provide, or invoice you for immediate payment. You remain liable for any shortfall. These rights survive termination.

 

If your account balance becomes negative (for example, because chargebacks, refunds, or adjustments exceed available funds), you must immediately restore the balance to zero. DogPack may collect the shortfall via set-off, debit of a payment method on file, or invoice; unpaid amounts may be referred to collections and may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

 

You authorize DogPack and the Payment Processor to (i) credit your account for payouts and reversals, and (ii) debit your account or any payment method you provide for amounts you owe under these Terms, including chargebacks, fees, adjustments, reserves, and corrections. This authorization remains in effect until 90 days after the later of account closure or the last transaction that could reasonably give rise to a chargeback or adjustment.

 

DogPack may suspend or delay payouts and/or place holds or reserves while we investigate suspected fraud, prohibited products, policy violations, sanctions/export issues, identity or KYC concerns, excessive chargebacks, or regulatory requests. We may cancel, reverse, or refuse any transaction that violates law, network rules, these Terms, or our risk policies.

 

You will cooperate with DogPack and the Payment Processor on disputes, chargebacks, audits, KYC, sanctions/export screening, tax collection/remittance, refunds, recalls, and law-enforcement requests. You will maintain accurate records (including order, shipment, and communication data) for at least three (3) years and provide them promptly on request.

 

If a payout or settlement is incorrect (due to error, duplicate, reversal, or otherwise), DogPack may correct it by debiting or crediting your account or a payment method on file and will provide notice where required.

 

1. Team Management 

 

Subject to Section 4, the creator of the account will be the contracting party (“Store Admin”), for the purposes of our Terms, and will be the primary contact on the account. The Store Admin will be given full access to the account, and will have the ability to provide or revoke access to the store for additional members under their purview. 

 

The Store Admin, by signing up for DogPack Marketplace, must ensure the following; 

 

1. Store Admin represents that they have the authority to bind the store to our terms of service

2. Store Admin represents that they are wholly responsible for all activities performed on their account for any user that they grant access to. 

 

As an example - if a Store Admin provides access to a user, but provides them with incorrect access and as a result, that Store Admin suffers a loss due to negligence or fraud, the responsibility for any loss cannot be transferred to DogPack. 

 

Your store on DogPack Marketplace may only have one Store Admin at any given time. One Store Admin may have multiple stores. 

 

2. Sub-Accounts (Team Members) 

 

As Store Admin, you have the ability to create one or more team member accounts, each of them with the ability to access your account. For each account, you have the ability to restrict or permit their access to a variety of access points on the account. Team Member accounts allow for the ability to let other people work in the account without accessing sensitive information or materials that the Store Admin would want to protect for liability or data integrity reasons. The Store Admin is responsible for ensuring that any users provided with Team Member access is compliant with the DogPack Terms, and that any breach of these terms is the responsibility of the Store Admin and by extension, the DogPack Seller account. The Store Admin acknowledges and agrees that they will be responsible for their obligations under the agreement, regardless of whether it sublicenses or subcontracts any of the obligations to any third party including but not limited to affiliates or subsidiaries of the Store, the Seller, or the Store Admin. 

 

5. Content 

 

Content that you post is considered to be owned by you - the seller. We make no claims to the ownership of the content, nor how it is portrayed within DogPack. It is the responsibility of the seller to ensure that anything you post - whether it’s your shop names, photographs, listings, descriptors, reviews, comments, messages, etc., all follow the terms of service. You represent that you have all necessary rights to post that content on behalf of your business, and that you’re not infringing on or violating any third party’s rights by posting it. 

 

Although your content is completely owned by you, by posting your content through our services, you grant DogPack and any third parties authorized by DogPack a license to use it. This license is non exclusive, royalty free, irrevocable, sub-licensable, and perpetual - it covers the ability for DogPack and any third party that is duly authorized by DogPack to use, display, edit, modify, reproduce, store and prepare derivative works of your content for the purpose of growing DogPack Marketplace. We do not claim any ownership to any content that belongs to you, but this agreement serves as permission for DogPack to use that content in a number of formats, including but not limited to promoting your DogPack Marketplace store, other stores and channels, awareness across partnerships, third party advertising mediums, and other similar formats.You agree to not assert any moral rights or rights of publicity against us for using your content, and you also recognize that it is a legitimate use of your content. 

 

As noted in the House Rules - you agree that you will not post any content that is abusive, threatening, defamatory, obscene, profane, vulgar or otherwise offensive in violation of our terms. You also agree to not post false or misleading content that will use the services in a manner that is fraudulent or deceptive. 

 

6. Use of the DogPack Marketplace 

 

We grant you a limited, non-exclusive, non-transferable and revocable license to use our services - subject to the terms and the following restrictions. You agree that you will not violate any laws in connection with your use of the services. This includes any local, state, federal and international laws that may apply to you.  You may not sell anything that violates a law, you must comply with our policy on sanctions where applicable, and you may not engage in fraud (including false claims and / or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against DogPack, another DogPack user, or third party. 

 

1. Paying your dues

 

As laid out in the pricing schedule, there are fees associated with DogPacks’ Marketplace. You are responsible for paying for all fees that you owe to the DogPack Marketplace, and except as set forth below, you are also solely responsible for collecting and / or paying any applicable taxes for any purchases or sales that you make through our Services. Where applicable, DogPack will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT as other terms. DogPack may determine, and change, the jurisdictions and tax types for which it acts as a marketplace facilitator at any time. Sellers must provide accurate tax info and cooperate (including issuing/accepting invoices/credit notes). DogPack may withhold amounts from payouts to satisfy tax obligations.

 

2. Don’t steal 

 

You agree not to crawl, screen scrape, otherwise copy or use any technology to pull information from our pages, or reverse engineer our work to build the DogPack Marketplace without our expressed written consent. 

 

3. Don’t harm 

 

You agree to not interfere with, or try to disrupt our systems in any way - including but not limited to, uploading harmful information, excessive requests to our site or platform, or otherwise creating negative impacts to DogPack’s Marketplace community.

 

4. Follow our trademark policy 

 

The DogPack name, slogans, phrases, logos and designs that we use in connection with the services are trademarks, service marks or trade dress of DogPack in the USA, Canada and other countries. If you’d like to use our trademarks, you agree to follow our Trademark Policy.

 

5. Be responsive to communications 

 

During the course of your time on the marketplace, DogPack may reach out with communications, including certain legal information in writing. By using our services, you’re agreeing with our electronic communications policy which describes how we can provide that information to you. It says that we can send you information electronically via email, and that your electronic agreement can be treated the same as your signature on paper. You acknowledge the email address that was used at the time of registration will be used, unless another email was updated as the primary method of communication from within the DogPack Dashboard. 

 

7. Termination

 

1. Termination by you

 

You may terminate your account at any time you choose from your account settings. Terminating your account does not necessarily affect the availability of your content that you have posted during your time on DogPack, and any outstanding bills or fees incurred will be required to be paid regardless of whether the account has been terminated. 

 

2. Termination by DogPack

 

In the event that DogPack terminates or suspends your account, we will generally do our best to reach out to you to let you know of the circumstances around the termination unless there are special circumstances including but not limited to; issues where you have repeatedly violated our terms, you have violated the terms in an explicit and in our sole discretion, intentional manner, or we have legal or regulatory reasons preventing us from notifying you. 

If we do suspend or terminate your account, you may lose information stored on your account, including your content. It is important to understand that you do not have a contractual nor legal right to use the services - being allowed access to the DogPack Marketplace community is contingent upon following the shared foundational rules, and access can be revoked at any time if DogPack believes that the user has violated the agreed terms of service. 

 

DogPack Marketplace may discontinue the services at any time that we so choose - we reserve the right to suspend, change or remove services for you, any or all users at any time, for any reason. We will not be liable to you for the effect that any changes in the availability of the services may have on you, including your income or your ability to generate revenue or income through the services. DogPack will not be responsible for any lost content in the circumstance that we discontinue the services. 

 

The terms remain in effect even after your access to the service is terminated, or your use ends. 

 

8. Warranties

 

1. Items purchased 

 

You understand that DogPack does not manufacture, store or inspect any of the items that are sold through our services. With respect to the designation of DogPack Verified Seller (DPVS), our verification approach is to ensure that the seller represents themselves professionally and conducts themselves in a manner consistent with the highest standards we would expect from our community - this designation in no way guarantees product quality, or transfers any liability from a seller to DogPack. 

 

DogPack provides the venue; all items are produced, listed and sold directly by independent sellers, so DogPack can’t and does not make any warranties about their safety, quality, legality or authenticity. Any legal claim related to an item that you purchase must be brought directly to the seller of the item. All users on the platform agree to release DogPack from any claims related to items sold through our platform in any way, including for defective items, misrepresentations by sellers or items that caused physical injury. This extends to sales that were prompted on platform and then performed off of the platform in violation with our terms of service. 

 

2. Content Accessed 

 

While DogPack strives to ensure that all of our users are following the foundational principles of our community, you may still come across materials that you find offensive, objectionable or inappropriate. We make no representations concerning any content posted by users through the services, and DogPack is not responsible for the accuracy, copyright compliance, legality or decency of any content that you accessed through the services. By using these services, you release DogPack from all liability relating to that content. 

 

3. People you interact with 

 

As a user on both the buyer and seller side, you may use the services to contact other users and interact with other individuals. You understand that we do not screen users of our services other than to meet the compliance and legal obligations associated with regulatory requirements, and you release us from all liabilities relating to your interactions with other users. Please be careful and exercise caution and good judgment during your interactions with others. 

 

4. Third Party Services

 

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. DogPack is not a party to those agreements, as they are solely between you and the third party. 

 

5. Promotions and Sales or Discounts

 

From time to time, sellers may make discounts or promotions available through their store. These promotions are not part of DogPack, and DogPack cannot be held responsible for special offers or promotions provided by sellers. 

 

WARRANTIES: DOGPACK AND THE DOGPACK MARKETPLACE IS INTENDED TO BE A COMMUNITY BASED AROUND IMPROVING THE LIVES OF PET OWNERS AND THEIR PETS. AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. WE ARE EXPRESSEDLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 

 

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DOGPACK (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL DOGPACK’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100 USD, (B) THE AMOUNT YOU PAID DOGPACK IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

9. Indemnification

 

If DogPack gets sued, or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us without limitation. This means that you agree to defend, reimburse, compensate and hold DogPack (including but not limited to our employees, officers, agents, directors, subsidiaries and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability or expense of any kind (including reasonable lawyer fees) that arises from your actions, your use or misuse of the services, your break of the terms, items you buy or sell through the services and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defence in our sole determination, even if you are indemnifying us, in which case you agree to cooperate with us. 

 

10. Disputes with other users 

 

In the event that you are in a dispute with a seller or buyer on the DogPack Marketplace, we encourage you to contact the other party to try and resolve the dispute amicably. In our sole discretion, DogPack may attempt to help you resolve disputes in good faith, but we will not make any claims or judgements regarding legal claims. All users agree that DogPack has no obligation to resolve or assist in resolving any disputes. 

 

You release DogPack from any and all claims, demands, and damages arising out of disputes with other users or third parties. 

 

11. Arbitration and Dispute Resolution Agreement 

 

If DogPack is notified of a complaint, we will do our best to resolve it in a timely manner. If for whatever reason we cannot resolve the issue directly, then you and DogPack (including our employees, officers, directors, agents, subsidiaries and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and not sue each other in court before a judge or jury, except in the limited circumstances described below.

 

This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law.

Please read this Section carefully, as it affects your rights.

 

1. Disputes that we’ll Arbitrate: You and DogPack agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by DogPack or its users in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and DogPack are each waiving your right to sue in court and have a court or jury trial.

2. CLA and Representative Action Waiver: You and DogPack agree that each of us may bring claims against each other only on an individual basis, and not on a class, representative or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualised relief, and, except as provided in Section 11.F (Batch Arbitration), disputes between us can't be arbitrated or consolidated with those of any other person or entity. If there is a final decision (after exhaustion of all appeals) that any part of this Section 11.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).

3. Informal Dispute Resolution: Before filing an arbitration, you and DogPack will try in good faith to resolve any dispute informally. To start the dispute process, you must email [email protected] with details of your complaint. If DogPack has a dispute with you, we will send a notice of dispute with information to the email address on file for the user account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and DogPack must cooperate to schedule that meeting by phone or videoconference. You and DogPack will personally participate and can each bring counsel, but the conference must be individualised, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration can't be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

4. Arbitration Rules and Procedures: To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve DogPack with any arbitration demand by mail to: 9999 Cavendish Blvd, Montreal, Quebec H4M 2X5. If DogPack has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA can't or will not administer the arbitration in accordance with Section 11, you and we will select another provider (and if we can’t agree, a court will choose the provider). The arbitration will be conducted in the English language by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (i) if the amount in dispute is less than $25,000 USD, the arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephonic hearing); and (ii) if the amount in dispute is $25,000 USD or more, the arbitration will be held by videoconference (i.e., there will be no in-person hearing). If an in-person hearing is required, it will be held in the county where you live (for US residents), New York County, New York (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration). The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business (e.g., a seller or developer) and either your or DogPack’s claims exceed $75,000 USD, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law and any counsel must comply with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defences, offers of judgement/compromise, and fee-shifting rules in the same way as a court would. The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement (North and South America)), and either party’s compliance with Section 11.C (Informal Dispute Resolution). Except as provided in Section 11.F (Batch Arbitration), the arbitrator can award damages and other relief only in favour of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and DogPack. Judgement on the award may be entered in any court with jurisdiction.

5. Fees related to Arbitration: Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are using the Services as a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and DogPack will pay the difference on your behalf.

6. Batch Arbitration: To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of 100 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 100 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimise the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

7. Opt out: If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section 11.I) within 30 days after you first accept the Terms. To opt out, you must send a timely email to [email protected] with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither DogPack nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

8. Future Changes to the Arbitration Agreement: DogPack will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing [email protected] within 30 days after you receive notice, including your name, email address associated with your account, your username, and shop name (if applicable). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and DogPack, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.

9. Jurisdiction and choice of law and forum: For users residing in the United States, these Terms and the Arbitration Agreement are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any court action permitted under this Agreement (including small claims or IP enforcement) must be filed in the state or federal courts located in Delaware, and you and DogPack consent to jurisdiction there. For users residing in Canada, these Terms and the Arbitration Agreement are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any court action permitted under this Agreement (including small claims or IP enforcement) must be filed in the courts located in Toronto, Ontario, and you and DogPack consent to jurisdiction there. For users residing outside the United States and Canada, these Terms and the Arbitration Agreement are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any court action permitted under this Agreement (including small claims or IP enforcement) must be filed in the state or federal courts located in New York County, New York, and you and DogPack consent to jurisdiction there. Nothing in this Section limits your rights under the consumer protection laws of your country of residence.

 

12. Changes to these terms 

 

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

 

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and DogPack regarding the Services. Except as provided in Section 11, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.