PAWSWAP APP TERMS OF SERVICE
Last Updated: December 23, 2020
Pawswap Services LTD. (hereinafter referred to as "PawSwap", "we", "us", or "our") is proud to introduce its latest innovative App (as defined herein). Pawswap is intuitive technology that show dog-owners a map of dog-friendly places.
These terms and conditions (“Terms” or “Agreement”) govern your use and access to Pawswap and all Content (as defined herein). By tapping ready on the PawSwap App, you agreeing to be legally bound by the terms and conditions.. Your use of Pawswap implies acceptance of these terms. If you do not agree to these Terms, do not tap “Ready."
You hereby acknowledge and agree that PawSwap is not a party to any agreement entered into between Members. Members contract for Services which are provided directly from other Members; PawSwap does not act in the capacity of a broker, agent, advisor or insurer, except as expressly set forth below. PawSwap has no control over the conduct of Members, advertisers, dogs, dog owners, or any other users of the App. PawSwap disclaims all liability in this regard.
The Neighbour Feature is a free feature developed by PawSwap, solely for the use of dog owners to arrange meet and greets for their dogs with the purpose of becoming friends to facilitate swap services. By agreeing to the Terms herein, Neighbour Feature users additionally agree to the Neighbour Feature's terms of service agreement following the conclusion of this Agreement.
PLEASE READ THE FOLLOWING CAREFULLY
Access and Compliance
The App is intended solely for Persons who are 18 years of age or older. Any access to, or use of, the App by Persons under 18 years of age is expressly prohibited. If you are accessing and using the App, you represent and warrant that you are at least 18 years of age and you have the legal binding authority to accept these Terms.
By accessing the App, you agree to be bound by these Terms, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the App to be aware of any such modification. Continued access to or use of the App shall be deemed your acceptance of any such modified agreement.
In order to access features of the Services, you must register to create an account (“PawSwap Account”) and become a Member.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your PawSwap Account, whether or not you have authorized such activities or actions. You will immediately notify PawSwap of any unauthorized use of your PawSwap Account.
During the registration process, you will be required to provide your first name, last name, email address, street address (number, name), postal code, province, phone number, and email address. Email addresses are asked for the confirmation email and profile log in.
PawSwap only verifies new PawSwap Accounts for completeness of information. PawSwap does not warrant that any such screening is accurate, conclusive, up to date, or complete. We do not provide background checks on any Members.
How the App Works
Any person can download the app through the App store. PawSwap is not responsible for and disclaims any and all liability related to any and all services and listed places on the App. Accordingly, use of the app and services are at each member’s own risk.
Leashing dogs 4.2 A person who keeps a dog must not permit, suffer, or allow the dog to be on a street or other public place unless the dog is under the immediate charge and control of a competent person by means of a leash that is not more than 2.5 m long or another by-law allows the dog to be off-leash under certain circumstances. If tying your dog up, please ensure you have control of the leash.
The places listed on the App are recommendations only. Please check with your individual city bylaws before taking your dog to any listed dog-friendly places.
PawSwap reserves the right, at any time and without prior notice, to remove or disable access to any offered Services for any reason, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App. Should you cancel, violate or not perform your duties as reasonably expected by the Member, you may be given a strike to your profile. After a maximum of three (3) strikes are received by any Person or service provider, you will be removed from the App. Any disputes to the strike policy can be petitioned at email@example.com .
PawSwap does not endorse any Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others with whom you make contact with via the App. We will not be responsible for any damage or harm resulting from your interactions with other Members or their services with Members. By using the App, you agree that any legal or equitable remedy you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm (or whose dog caused you harm) and you agree not to attempt to impose liability on, or seek any legal or equitable remedy from PawSwap with respect to any such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the app regarding any Services provided by you.
PawSwap is not a contracting agent or an insurer for Members or Pets. Members should review any insurance policies they may have for their Pet(s) and ensure they are familiar with and understand said policies, and ensure the policies will cover any action or interactions based on recommended dog-friendly places.
Information on the App
Although PawSwap attempts to maintain the integrity and accuracy of the information on the App, we make no guarantees as to its correctness, completeness, or accuracy. The App may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations may be made to the App by third parties without our knowledge or consent. If you believe that information found on the App is inaccurate or unauthorized, please inform us by contacting us via the “Contact Us” link.
Your Information and Photos
As part of the App, PawSwap occasionally shares photo updates of profiles, and Reviews, with app users and the public. You agree that PawSwap may, at its sole discretion, publish these photos on the App and across social media, including without limitation, e-mails, social media sites, the PawSwap Web Site and similar sites.
You hereby represent and warrant to PawSwap that Your Information will not:
a) be false, inaccurate, incomplete or misleading;
b) be fraudulent or involve the sale of counterfeit or stolen items;
c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
d) violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
e) be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
f) be obscene or contain child pornography or be harmful to minors;
g) contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
h) create liability for PawSwap or cause PawSwap to lose (in whole or in part) the services of its Internet Service Provider (ISPs) or other partners or suppliers.
PawSwap will hold onto Points for each Member at the time Points are collected.
Members may purchase new Points directly through the App. PawSwap sets the rates for Services, and is subject to change based on demanding periods.
Termination and Account Cancellation
PawSwap may, in its sole discretion and without liability , with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our App, and (b) deactivate or cancel your PawSwap Account or registration or similar uses of the App. PawSwap’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. PawSwap may provide notice of termination by regular mail or e-mail. You may cancel your PawSwap Account at any time by sending an email to firstname.lastname@example.org . However, you are personally liable for any orders, or pending transactions that you place, or for charges that you incur prior to your termination/cancellation. Please note that if your PawSwap Account is cancelled, we do not have an obligation to delete or return to you, and may continue to use, any Content you have posted to the App.
Limitation of Liability and Release
By agreeing to be a Member and provide or receive Services, you expressly assume the risk of any damages, including property damages or personal injury, which you or present third party may suffer. It is the sole responsibility of Members to make decisions that are in their own and their Pet’s, best interests. To mitigate associated risks, it is required, that you call the dog-friendly establishment to confirm details. It is also your responsibility to not partake in any activity as recommended by PawSwap unless you receive doctor and veterinary approval.
Should you agree to use the App to find dog-friendly places, you represent and warrant that you, and if applicable, your children/child/ward:
a) assume all risk of personal injury, death or disability that might result or arise from visiting a dog-friendly place, or any damage, loss or harm to you or your dog, or personal property which may occur;
b) understand the inherent risks that come with visiting a dog-friendly place.
c) on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold PawSwap, its affiliates, officers, directors, agents, and employees (collectively, the “Releases”) harmless from any and all claims or causes of action arising out of any Service related to the App including the boarding and handling of a dog or other pet;
d) release and discharge Releases from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while performing or receiving Services;
c) are a Canadian resident;
d) acknowledge that this general release extends to claims which a Member does not know of, or suspect to exist in his or her favour, at the time of executing this release, which, if known by the Member would have materially affected his or her decision to provide this release;
e) acknowledge that this release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releases or from any other cause;
f) acknowledge that this release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the Services, and
g) acknowledge that by agreeing to these Terms and otherwise using the App, you voluntarily give up your right to sue the Releases;
Whether you are a member, you agree not to hold the releases liable for any liabilities, including damage, suits, claims, and/or controversies, that have arisen or may arise whether known or known, relating to your use of or inability to use the services or site, including without limitation any liability arising in connection with:
Whether you are a member or a host, you agree not to hold the releases liable for any liabilities, including damage, suits, claims, and/or controversies, that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the services or app, including without limitation any liabilities arising in connection with:
a) any instruction, advice, act or service provided by the releases,
b) any destruction of your information,
c) any dispute with any other member of the app,
d) members’ failure to provide services or provision of incomplete or poor services,
e) any injuries or harm suffered by you or any third party (including without limitation your family members, friends, neighbours or other unrelated parties),
f) any injuries or harm suffered by any dogs or other pets,
g) any damage or harm to real or personal property, or
h) any other conduct, act or omission of any other party, including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, or destruction of property.
Under no circumstances shall the releases be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this app, or by providing or receiving services, including your reliance on any information obtained from this app that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. the foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of PawSwap has been advised of or should have knowledge of the possibility of such damages.
By your use of this app, you acknowledge that this paragraph shall apply to all content, goods and services available through this app, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that the releases are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one hundred dollars ($100.00), excluding any obligations to pay amounts to members or refunds to members pursuant to these terms.
You agree that the limitations specified in this section will survive your access to and use of the App and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that PawSwap has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and PawSwap and form a basis of the bargain between the parties.
Links to Third Party Websites
The App may contain links or have references to websites controlled by parties other than PawSwap. PawSwap is not responsible for, endorse, or accept any responsibility for the contents or use of these third party websites. PawSwap is providing these links to you only as a convenience.The inclusion of any link does not imply or otherwise constitute endorsement by PawSwap of the linked website and the content and materials found at the linked website, except as specifically stated otherwise by PawSwap. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
PawSwap is not responsible for links posted from our Partners programs, Members are asked to take precautions when entering into an agreement with our Partners programs and do their own research before purchasing items using Points with affiliates.
Disclaimer of warranties
The app and content provided on the app are provided “as is,” and are for use as contracted herein. PawSwap and its affiliates, officers, directors, employees, agents, and Third Party Providers, hereby disclaim all express or implied representations, warranties, guaranties, releases and conditions with regard to the app, the dog owner, the services, friends, neighbours, the content, affiliates and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. Pawswap and its Third Party Providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the app or content associated with the app, or the results you may obtain by accessing or using the app and/or the content associated therewith. Without limiting the generality of the foregoing, Pawswap and its Third Party Providers do not represent or warrant that:
a. The operation or use of the app will be timely, secure, uninterrupted or error-free;
b. The quality of any services, information, or other material you purchase, secure or otherwise obtained through the app will meet your requirements; and
c. Any software offered via the app are free of viruses or other harmful components.
You acknowledge that neither Pawswap nor its Third Party Providers control the transfer of data over communications facilities, including the internet, and that the app and content associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Pawswap is not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by Pawswap.
Pawswap expressly disclaims any warranty related to the quality of member provided services and the persons or businesses referenced on the app. You use and accept the services at your own risk and assume all risks related to use of said member services. Licensing, permits, and certification requirements (or the absence thereof) for some or all of the services widely vary by city, county, municipality or township. Pawswap makes no representations or warranties that any of the members using the services through the app have complied with any applicable city, county, municipal, township or other laws, statutes, ordinances or regulations of any kind. Notwithstanding Pawswap’s appointment as the limited agent of the members for the purpose of accepting payments from members on behalf of the friends and neighbours, Pawswap explicitly disclaims all liability for any act or omission of any member or other third party.
You shall defend, indemnify and hold harmless PawSwap and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ and accounting fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the App or Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. The Indemnified Parties shall have no indemnification obligation or other liability for any claim of infringement arising from:
a) use of the App, Content associated with the App or Services other than in accordance with these Terms; and
b) any third party products, services, or materials.
Intellectual Property Rights
PawSwap and all materials provided on the App and associated website, including but not limited to Content, Your Information, general information, documents, products, logos, graphics, sounds, images, compilations, and other materials are proprietary and protected by international copyright and trademark laws. The owner of copyrights and trademarks, names, logos and service marks are those of PawSwap and some Third Party Providers. Except as stated herein, none of the materials may be modified, reproduced, distributed, published, performed, downloaded, displayed, posted, transmitted and otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of PawSwap and a Third Party Provider. Also, you may not “mirror” or “archive” any Content displayed on or otherwise accessible from the App on any other server without the prior express written permission of PawSwap.
Copyright Complaints and Copyright Agent
Pursuant to the Copyright Act of Canada, Owners of copyrights or their agents that believe anything posted on this App or web site infringes upon said copyrights will submit a notice including the following information to PawSwap immediately upon discovery:
1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the App or website where the material you claim is infringed is located. Include enough information to allow PawSwap to locate the material, and explain why you think an infringement has taken place.
2. A description of the location where the original or an authorized copy of the copyrighted work exists. For example, the URL (Internet address) where it is posted or the name and full description of the material in which it has been produced, published, or released.
3. Your address, telephone number, and e-mail address.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, 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 the copyright owner’s behalf.
6. An electronic or physical signature of the owner of the copyright or the Person authorized to act on behalf of the owner of the copyright interest.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement or your use of PawSwap. Without limiting the foregoing, except as expressly set forth herein, PawSwap is not acting as an agent for any Member or any other user or visitor of the Services or the App.
Controlling Law and Jurisdiction
This Agreement will be governed by and construed exclusively in accordance with the laws of British Columbia, and the Courts of the province of British Columbia will have exclusive jurisdiction over this Agreement and any claim or dispute arising under it.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar); nor shall such waiver be binding unless executed in writing by PawSwap.
No failure on the part of PawSwap to exercise, and no delay in exercising any right under this Agreement shall operate as a waiver of such right; nor shall any single or partial exercise of any such right preclude any other or further exercise of such right or the exercise of any other right.
Successors and Assigns
Neither this Agreement nor any of the rights or obligations under this Agreement shall be assignable or transferable by any party without the prior written consent of PawSwap. This Agreement shall be binding upon and enure to the benefit of PawSwap and it's respective successors and permitted assigns.
PawSwap reserves the right to change these Terms or policies relating to the App at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the App, which may be posted from time to time. Your continued use of the App after any such changes and/or postings shall constitute your consent to such changes.
Any notice, direction or other communication to be given under this Agreement shall be in writing and provided by delivering it or sending it by email or other similar form of electronic communication to PawSwap at:
Address: 404 – 999 Canada Place, Vancouver B.C. V6C 3A2
Any such communication shall be deemed to have been validly and effectively given (i) if personally delivered, on the date of such delivery if such date is a Business Day and such delivery was made prior to 4:00 p.m. (Vancouver time) and otherwise on the next Business Day, or (ii) if transmitted by email or similar means of electronic communication on the Business Day following the date of transmission. PawSwap may change its address for service from time to time by notice given in accordance with the foregoing and any subsequent notice shall be sent to PawSwap's changed address.