PAWSWAP APP TERMS OF SERVICE

WEBSITE, MOBILE APPLICATION AND SOCIAL MEDIA TERMS OF USE

THESE TERMS OF USE (THESE “TERMS”) CONTAIN LEGAL OBLIGATIONS.  PLEASE READ THESE TERMS BEFORE USING THE WEBSITE, MOBILE APPLICATION OR any PAWSWAP SOCIAL MEDIA ACCOUNTS.

Last Update: April 30, 2021

 

PawSwap Services Ltd. (“PawSwap”, “we”, “us” or “our”) uses our website, mobile application and social media accounts (the “Online Accounts”) to provide you with information about our brand, products and services, rewards, and to connect you with dog-friendly businesses around the Lower Mainland by using intuitive technology that shows dog owners a map of dog-friendly locations, and collecting and redeeming rewards in the mobile application (the “App”).  The Online Accounts, together with any information, customer service or any related services provided to you through the Online Accounts, are referred to in these Terms as the “PawSwap Products and Services”.

 

For the purposes of these Terms, “Online Accounts” means, collectively, https://pawswapapp.com and all related webpages, App(s), social media accounts and websites (including without limitation any unique URL links provided by PawSwap to its customers and any mobile optimized website), but does not include any third party websites which are linked to or may link from the Online Accounts whether or not such third party websites are used in association with the PawSwap Products and Services.

 

PawSwap has no control over the conduct of users on any Online Account (whether or not such user has downloaded the App) (each a “Member” and collectively, the “Members”), advertisers, third party participating businesses, dogs, or dog owners, and disclaims all liability in this regard. 

 

Access and Compliance

 

The Online Accounts are intended solely for persons who are 18 years of age or older.  Any access to, or use of, the Online Accounts by persons under 18 years of age is expressly prohibited. If you are accessing and using the Online Accounts, you represent and warrant that you are at least 18 years of age and you have the legal binding authority to accept these Terms.

 

Access to and use of the information provided through the Online Accounts and the PawSwap Products and Services (collectively referred to as the “Content”), is subject to your acceptance of and compliance with these Terms.  By using the Online Accounts you agree to be bound by and indicate and acknowledge your acceptance of these Terms. If you do not agree to the Terms, do not tap “Ready”.

 

Privacy

 

By accessing or using the Content or otherwise accepting or agreeing to these Terms, you consent to the collection, use, disclosure and retention of your personal information by PawSwap as set out in our Privacy Policy available at www.pawswapapp.com/privacypolicy, which may be amended from time to time and which is incorporated into these Terms.  The Privacy Policy sets out the types of personal information that we collect through your use of the Content, and the purposes for such collection, use and disclosure. 

 

Changes to Terms; No Waiver

We reserve the right to add to, delete or otherwise change these Terms at any time.  Your use of the Online Accounts after any amendments or updates of these Terms shall signify your acceptance of such revised terms.  The most current version of these Terms will govern your use of the Online Accounts.  We will post any changes to these Terms on the Online Accounts and update the revision date at the beginning of these Terms.  You should periodically review these Terms to see recent changes.  Any changes to these Terms or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our directors or officers.  No purported waiver or modification of these Terms by us via telephone or email communications will be valid.

 

Use of the App

 

Any person can download the App through the Apple App store. PawSwap is not responsible for and disclaims any and all liability related to any and all PawSwap Products and Services on the App, including but not limited to, the use of the GPS-enabled beacons. Accordingly, use of the App and all PawSwap Products and Services are at each Member’s own risk.

 

Each location may have its own laws, bylaws, and other rules related to dogs. In many places, including Vancouver, 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 bylaw 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. 

 

The App uses GPS technology to guide Members to dog-friendly locations. Such use of GPS, however, is for general location services, and Members should always be aware of their surroundings and use their own judgement as to the safety and accessibility of any location. Any and all traffic rules, or rules specific to a certain location (e.g. park rules, opening and closing hours, etc.) should be followed at all times. In the event of a conflict between the App’s GPS location services and the accessibility or rules of a certain location, the accessibility and rules of the location should always be followed.

 

Mobile Devices

Any of the Online Accounts may be available through or viewed from certain mobile devices.  You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible with the Online Accounts, including the App, or that you can use or access the Online Accounts and the Content through your mobile device. You further acknowledge and agree that we are not responsible for any costs related to the use of the App or any of the Online Accounts, including but not limited to, data usage, and that such costs are the Member’s sole responsibility and liability.

 

Restrictions on Use of the Online Services

You acknowledge and agree that you are authorized to view the Content and to use the Online Accounts and the Content, and that you shall view and use the Online Accounts and the Content, for your own personal and non-commercial use only and otherwise only in accordance with these Terms.  Except as otherwise set out in these Terms, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Online Accounts or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Online Accounts or the Content to construct a website or mobile application that competes with the Content.

 

In addition, you shall use the Online Accounts and links to other websites from the Online Accounts (the “Linked Sites”) for lawful purposes only and you shall use the Content in accordance with all applicable laws. You may not: (i) attempt to gain unauthorized access to the Online Accounts, or computer systems or networks connected to the Online Accounts, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Online Accounts in any manner that could damage, disable, overburden, or impair the Online Accounts or any of the PawSwap Products and Services, or interfere with any other party's use and enjoyment of the Online Accounts; (iii) access the Online Accounts in a manner that utilizes the resources of the Online Accounts more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy, “scrape” or interfere with any web pages or the content contained thereon on the Online Accounts; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Accounts; or (vi) use any of the Online Accounts to execute denial of service attacks.

 

Under no circumstances will you use the Online Accounts or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Online Accounts or the Content, or any derivative works from the Content, or any portion thereof.  Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Online Accounts or Content or any material retrieved from the Content to create products or perform services which compete or interfere with our products and services.

 

General Rules of Member Conduct

Certain areas of the Online Accounts and the Content may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide (“provide”) information to us or other persons.  PawSwap will also occasionally share photo updates of profiles and reviews with other Members and the public across the Online Accounts.

 

You remain fully responsible for the content and other materials that you provide to us or others in connection with the Online Accounts and the Content including, without limitation, information, audio recordings, videos, photographs, documents, or other materials (“Member Content”). You agree not to provide Member Content that:

 

  • infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;

 

  • is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;

 

  • violates a person's right to privacy or publicity;

 

  • exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity or falsely states or otherwise misrepresents an affiliation with a person or entity;

 

  • degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;

 

  • transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;

 

  • contains, transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, “junk mail”, “spam”, “pyramid schemes”, “chain letters”, or solicitation of any kind;

 

  • contains, transmits, stores, or otherwise makes available material which is irrelevant to PawSwap and the Content;

 

  • is false, misleading or defamatory; or

 

  • violates any applicable local, provincial, state, national, or international law, or advocates illegal activity.

 

We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any Member Content you provide us or others in connection with the Content constitutes a violation of the third party's intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, state, national, or international law.

 

On any Online Account that permits you to provide us Member Content, you may only provide Member Content that is original and that you have the right to provide. By providing us Member Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your Member Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your Member Content to the extent permitted by applicable law. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content). If you do not want to grant us permission to use your Member Content in accordance with these Terms, please do not provide it to us on our Online Accounts or their Content.

 

We are not obligated to publish or use your Member Content.  The posting or publishing of any Member Content is not in any way intended to state, suggest, or imply endorsement by PawSwap including as to the truth, validity, or reliability of the Member Content.  PawSwap is not responsible for any Member Content and has no duty to monitor the Member Content posted on this Online Accounts or by way of any PawSwap Products and Services.  You use any information contained in Member Content at your own risk.  PawSwap and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your Member Content or the PawSwap Products and Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.  You shall not continue to post any Member Content that we have previously advised you not to post. You may use various features to report violators within the Member Content.  We reserve the right, but have no obligation, to monitor disputes between you and other Members.

 

Links to Third-Party Websites

 

The Online Accounts may contain links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any Linked Sites.  The presence on any Online Account of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such Linked Site, and you hereby release us from all liability and/or damages that may arise from your use of such Linked Site. The inclusion of any Linked Site is only provided as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by PawSwap of the Linked Site and the content and materials found at the Linked Site, except as specifically stated otherwise by PawSwap. It is your responsibility or 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 any partner programs. Members are asked to take precautions when entering into an agreement with any partners programs and do their own research before purchasing items using PawSwap rewards with affiliates.

 

Accuracy of Information

 

We work hard to make sure all information provided on the Online Accounts is accurate, up-to-date and complete.  However, the information and materials on the Online Accounts may contain errors or inaccuracies, including both typographical and substantive errors.  We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Online Accounts and to suspend or deny access to the Online Accounts for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

 

Links to the Online Accounts

 

While we encourage links to the Online Accounts, we reserve the right to prohibit or refuse to accept any link to any Online Account at any time. You agree to remove any link you may have to an Online Account upon our request.

 

Your Account

 

In order to access our Products and Services, you will need to create an account with us.  If you sign-up, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer or account.  You agree to notify us immediately of any unauthorized use of your password or account and you agree to accept responsibility and indemnify us and our subsidiaries, affiliates, directors, officers, agents, advisors and employees, for all activities that occur under your account or password.

 

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. 

 

Payment Transactions

You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money.  All payments must be remitted through an account of a payment provider or processor approved by PawSwap and you agree to abide by the terms and conditions applicable to that payment method.  When you provide any such payment account information to PawSwap, you represent to PawSwap that you are the authorized Member of that payment account.

PawSwap, or its approved third party payment provider or processor will charge your chosen method of payment for applicable fees in relation to your account, including a PawSwap Premium account, plus any applicable taxes we are required to collect, where you authorize us to do so. You are fully liable for all charges to your payment account.  You understand and agree that once you authorize us and/or our approved payment provider or processor to charge your payment account and/or the associated credit card for a certain amount, such amount shall under no circumstances, to the extent permitted by law, be refundable in whole or in part, including, without limitation, upon termination of your account for any reason, termination of these terms and/or interruption or discontinuation of the online accounts or any PawSwap Products and Services.  

PawSwap Premium is a paid upgraded service which unlocks the following features for Members: search bar, filters and categories, hikes and trails, exclusive rewards, and challenges. Once a PawSwap Premium account is activated, it may be auto-renewed monthly or annually, depending on the billing cycle set-up by the Member upon activation. Members will not be alerted to such auto-renewal by Apple. If a Member would like update or cancel their paid upgraded service, they must do so manually. Once a Member cancels their upgraded service, the upgraded features will be available until the end of the applicable billing cycle.  

Products Available for Sale

PawSwap will hold onto rewards for each Member at the time the rewards are collected. Rewards are non-transferable, but Members may also purchase new rewards directly through the App. PawSwap sets the rates for these services, which are subject to change based on demanding periods.

 

PawSwap also reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area.  PawSwap does not represent or warrant that any product or service provided on the Online Accounts will be available for purchase by you.

PawSwap Rewards Program – Applicable Terms

These Rewards Terms and Conditions (these “Rewards Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Rewards Program. These Rewards Terms do not alter in any way the Terms.

There are no membership fees associated with the Rewards Program. The Rewards Program is open only to residents of Canada who are 18 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Rewards Program. Features related to age restricted offers, products and promotions may only be accessed by adults in accordance with applicable laws and regulations and subject to age verification, at our sole discretion. By accessing such features, you certify to PawSwap that you are of legal age. 

 

The Rewards Program enables you to accumulate points which can be used to purchase rewards offered by third party partners (each a “Partner” and collectively, “Partners”) in the App or at Partner locations. Rewards may include alcoholic beverages. You will accumulate points by bringing your pet to designated pet-friendly locations using the GPS function in the App, or by purchasing points directly in the App.

 

When redeeming points through the App, you will receive a code which must then be used on the applicable Partner website to access the reward. You will have five (5) business days to redeem points for a reward at the applicable Partner location or use an applicable access code to access a reward on a Partner website.

 

PawSwap has no control over whether the GPS will function properly at any location, and accepts no responsibility in the case that points cannot be collected due to a GPS problem. All rewards are offered by Partners and PawSwap has no responsibility for such rewards and does not guarantee the ability to redeem points for any specific reward. For example, certain rewards will only be available to PawSwap Premium Members, and access to such rewards may only be obtained by upgrading to a PawSwap Premium Account. Once points have been redeemed, they cannot be credited back to your Account.

 

Points may take longer than 24 hours from the time of the last check-in or in-App purchaser to show up in your Account. We reserve the right, in our sole discretion, to limit the number of location check-ins per day for which points may be awarded as well as the number of points per day that a Member may earn or purchase.

Points are promotional only, and have no value, may not be redeemed for cash, and are not transferable to any other individual or entity.

In accordance with applicable tax laws, applicable taxes (including under Federal and Provincial tax legislation, GST, PST, HST and any other applicable taxes) are calculated and payable by any Member on the full amount of the purchase price before any reduction for redeemed rewards.

 

You agree that any fraud, attempted fraud, suspected fraud, or abuse of the Rewards Program or these Rewards Program Terms is expressly prohibited and engaging in any of these activities will be grounds for immediate termination and disqualification from the Rewards Program and may lead to the forfeiture of all earned rewards.

 

If you believe there is a discrepancy with the number of accumulated points in your Account, you must notify us at the contact particulars below within sixty (60) days of the discrepancy date or it will be deemed correct.

 

Should the security of your Account be compromised, including in the event your mobile phone or other electronic device capable of accessing your Account is lost, stolen or compromised, you should re-set your Account password immediately. We are not responsible for any points used by a third party accessing your Account.

 

By creating an Account, you consent to receive electronic communications from PawSwap (e.g., via email or by posting notices on the App or any Online Accounts). These communications may include notices about promotional events, your Account (e.g., payment authorizations, password changes, security concerns and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

 

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE TERMS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE REWARDS PROGRAM OR ANY PROMOTIONAL EVENTS. OUR TOTAL LIABILITY TO YOU WITH RESPECT TO THE REWARDS PROGRAM, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON PURCHASING REWARDS IN THE APP IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID FOR ANY REWARDS, THE AMOUNT OF CAN$100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

The Rewards Program is void where prohibited. Your accumulated rewards available for redemption are promotional in nature, have no cash value, and cannot be sold, copied, shared, or transferred. PawSwap’s decisions in connection with the Rewards Program are final and binding. PawSwap will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of PawSwap. Any provision of the Rewards Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Rewards Terms will remain in effect.

 

We reserve the right to impose volume limitations on some items, and to offer additional and/or different benefits to some members based on geographic location, participation in the Rewards Program, or other criteria determined by us.

 

Your Account and accumulated rewards are personal to you, and may not be sold, transferred or assigned to, or shared with family, friends, or others, and may not be used for any commercial purpose.

 

The Program is subject to PawSwap’s Privacy Policy located at www.pawswapapp.com/privacypolicy.

Promotional Events

From time to time, PawSwap may offer promotional events. By providing your email address, you consent to be automatically entered into our promotional events. As part of your consent, you authorize PawSwap to communicate with you electronically (via email) about such promotional events, and to send you the promotional events’ descriptions and official terms and conditions that apply to such promotional events. THE WINNER OF ANY PROMOTIONAL EVENTS MAY BE REQUIRED TO SATISFY ADDITIONAL CRITERIA IN ACCORDANCE WITH APPLICABLE TERMS AND CONDITIONS, INCLUDING COMPLETING AND RETURNING A WAIVER AFFIDAVIT AND LIABILITY/PUBLICITY RELEASE IN ORDER TO RECEIVE THE APPLICABLE PRIZE. In the event you are a winner, we may share your name and contact information with a third-party promotional company in order to facilitate the fulfilment of your prize and you consent to such sharing. In the event that you wish to withdraw your consent to such sharing, or desire to opt out of marketing and promotional communications and events, you can do so by (i) following the instructions in the email or other communication, (ii) following the opt out instructions in the terms and conditions, or (iii) closing your Account.

Security

While we make commercially reasonable efforts to keep the Online Accounts secure and protect the data you transmit to us through the Online Accounts, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Online Accounts or any representation or warranty regarding the interception by third parties of personal or other information and as such cannot guarantee the security of the Online Accounts or such information and will not be liable for any unauthorized access to or use of the data transmitted via the Online Accounts.

Disclaimer of all Representations, Warranties and Conditions

 

THE INFORMATION AND MATERIALS PROVIDED ON THE ONLINE ACCOUNTS AND ACCESS TO THE CONTENT ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AFFILIATES AND AGENTS (COLLECTIVELY, “PAWSWAP PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, WITH RESPECT TO THE ACCESSIBILITY OR CAPABILITY OF THE ONLINE SERVICES OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON.   ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE ACCOUNTS AND THE CONTENT BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, VIEWING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL.  WE DO NOT WARRANT THAT THE CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE ONLINE ACCOUNTS ARE FREE OF OTHER HARMFUL COMPONENTS.

 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON ANY ONLINE ACCOUNT OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE ONLINE ACCOUNTS, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

 

Limitation of Liability and Indemnification

 

You expressly agree that your use of the Online Accounts or any information contained therein is at your sole risk. PawSwap shall not be liable under contract law, tort law or otherwise for any damages of any kind arising from your use of the Online Accounts, rewards, or any information contained therein or your purchase or use of any Content, including for property damage or personal injury.  Without limiting the generality of the foregoing, in no event shall PawSwap be liable for any direct, indirect, special, incidental, consequential, exemplary or other damages (including, without limitation, any damages arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the online accounts, our products, any content or any Linked Site or failure of the Online Accounts or any Linked Site or damages suffered as a result of omissions or inaccuracies in any Online Account, any Content or any Linked Site or the transmission of confidential or sensitive information to or from the Online Accounts or any Linked Site).

 

Release

 

It is the sole responsibility of Members to make decisions based on their own pet’s best interest, including by calling any dog-friendly establishment to confirm details found on the Online Accounts. It is also your responsibility to not partake in any activity as recommended by PawSwap (including activities hosted by Partners or other third parties, which PawSwap may promote on the Online Accounts) unless you receive doctor and veterinary approval. Should you agree to use any of the Online Accounts to find dog-friendly places, you represent and warrant that you:

 

  • 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;

 

  • understand the inherent risks that come with visiting a dog-friendly place;

 

  • maintain the requisite health and fitness required to participate in activities including, but not limited to, hiking and walking, whether with or without an accompanying dog;

 

  • hold PawSwap Parties harmless from any and all claims or causes of action arising out of any Service related to the Online Accounts;

 

  • release and discharge the PawSwap Parties from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you while using the Content or Online Accounts;

 

  • are a Canadian resident; 

 

  • 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; 

 

  • acknowledge that this release extends to any and all activities which may be hosted or promoted by PawSwap, including but not limited to  those that include the completion of challenges and/or collection of prizes at participating partners;

 

  • 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 PawSwap Parties or from any other cause; 

 

  • acknowledge that this release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the PawSwap Products or Services; and

 

  • acknowledge that by agreeing to these Terms and otherwise using the Online Accounts, you voluntarily give up your right to sue the PawSwap Parties.

 

You shall indemnify and hold the PawSwap Parties harmless from all claims, threats, actions, proceedings, demands, damages, losses, obligations, costs, and expenses including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Online Accounts, any violation by you of these Terms, any violation by you of any rights of another (including, without limitation, all intellectual property rights and rights of publicity, personality or privacy) or your use or reliance on any products on the Online Accounts.

 

You expressly acknowledge that we are making the Online Accounts, Content and Linked Sites available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us.  You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by us of your use of, or access to, the Online Accounts.

 

Ability to Accept these Terms

 

You represent and warrant that: (i) you are an individual and over the age of majority in the jurisdiction in which you are resident; (ii) you are using the Online Accounts in a jurisdiction where access to, or use of, the Online Accounts (or any part thereof) is not prohibited or illegal; (iii) you are fully able and competent to enter into, and abide by, these Terms.

 

Termination

 

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Online Accounts or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Online Accounts.

 

You may cancel your PawSwap account at any time by sending an email to contact@pawswapapp.com. 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 Member Content you have posted to the Online Accounts.

 

Website Availability

 

We cannot guarantee that the Online Accounts will be available 100% of the time.  Although we strive to provide the most reliable website and social media accounts possible, interruptions and delays in accessing the Online Accounts may be unavoidable and we disclaim any liability for damages resulting from such problems.

 

Intellectual Property Rights

 

The Online Accounts and all of the Content are, and at all times remain, the property of PawSwap. The Online Accounts and all of the Content are protected by intellectual property rights owned by PawSwap.  You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.

 

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Online Accounts constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of PawSwap (the “PawSwap IP”) or third parties (the “Third Party IP”).  PawSwap at all times remains the sole owner of the PawSwap IP. 

 

The display of the Content, the PawSwap IP and the Third Party IP on the Online Accounts does not convey or create any licence or other rights in any of the Content, the PawSwap IP or the Third Party IP.  You acknowledge and agree that you do not acquire:

 

  • any ownership rights in any of the Content, the PawSwap IP or the Third Party IP;

 

  • any right to use any of the Content, the PawSwap IP or the Third Party IP for commercial purposes including sale, resale, licence or sublicense; or

 

  • any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the PawSwap IP or the Third Party IP.

 

Use of any of the Content, the PawSwap IP or the Third Party IP, without the prior written consent of PawSwap, or the applicable licensee or third party, is strictly prohibited.

 

Copyright Complaints and Copyright Agent

 

Pursuant to the Copyright Act (Canada), owners of copyrights or their agents that believe any material posted on the Online Accounts infringes upon said copyrights may submit a notice (as provided below) including the following information to PawSwap immediately upon discovery:

 

  • A description of the copyrighted work that you claim has been infringed, including the URL or other specific location on the Online Accounts 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.

 

  • A description of the location where the original or an authorized copy of the copyrighted work exists. For example, the URL where it is posted or the name and full description of the material in which it has been produced, published, or released.

 

  • Your address, telephone number, and e-mail address.

 

  • 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.

 

  • 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.

 

  • 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.

 

Insurance

 

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. 

Survival

 

The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.

Miscellaneous

 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product offered on the Online Accounts, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

 

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms and the Privacy Policy together constitute the entire agreement between you and PawSwap with regard to your use of the Online Accounts, and any and all other written or oral agreements or understandings previously existing between you and PawSwap with respect to such use are hereby superseded and cancelled. PawSwap will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected.  PawSwap’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by PawSwap of any provision or any right it has to enforce these Terms, nor shall any course of conduct between PawSwap and you or any other party be deemed to modify any provision of these Terms.  These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.  These Terms shall ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

 

Jurisdiction

 

Those who choose to access the Online Accounts do so of their own initiative and are responsible for compliance with all applicable laws in force in the jurisdiction from which they access the Online Accounts.  Notwithstanding the foregoing, and recognizing the global nature of the Internet, each Member shall comply with all local rules and laws regarding online conduct and submission of acceptable materials.  These Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

 

Notices

 

Any notice, direction or other communication to be given under these Terms shall be in writing and provided by delivering it or sending it by email or other similar form of electronic communication to PawSwap at:

 

Email:               contact@pawswapapp.com

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.