Effective date of these Terms of Service: November 18, 2022
Welcome to DuraPaw! These Terms of Service (the “Terms”) govern your use, including any content, functionality, and services offered on or through www.durapaw.ca (the “Site”). By visiting, accessing, browsing, or using any of our services on our website, you agree to abide by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. Acceptance of Terms and Waiver of Rights
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DURAPAW, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms of Service apply to the purchase and sale of products and services through our Site. These Terms are subject to change by DuraPaw Pet Supplies Inc. (referred to as “DuraPaw”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" located at the top of this agreement. Customer (referred to as “you” or “your” as the context may require) should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will
not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4. Subscription Plans and Auto-Renewal
The services are offered by way of a subscription. DuraPaw subscribers may select from the following subscription term durations (the "Subscription Plan"):
i) Monthly Subscription Plan
ii) 3 Month Subscription Plan
iii) 6 Month Subscription Plan
iv) 12 Month Subscription Plan
A SUBSCRIPTION PLAN WITH DURAPAW MAY NOT BE TERMINATED OR CANCELLED PRIOR TO THE END OF THE SUBSCRIPTION DURATION/PERIOD. A CANCELLATION NOTICE WILL NOT RESULT IN A REFUND, AND YOU WILL CONTINUE TO BE CHARGED AND RECEIVE THE REMAINING DELIVERIES LEFT ON YOUR SUBSCRIPTION PLAN. Alternatively, a cancellation fee of $10.00 (ten dollars) per months will be charged for the remaining months left on your subscription plan.
ALL DURAPAW SUBSCRIPTION PLANS WILL AUTOMATICALLY RENEW AT THE END OF THE COMMITTED DURATION AND WILL BE SUBJECT TO THE SAME TERMS AND CONDITIONS AS BEFORE, unless otherwise provided at the time of renewal or updated on our Site under the Terms and Conditions page www.durapaw.ca/termsandconditions.
a) Each Subscription Plan is continuous and bound to its agreed term duration. A 3-Month Subscription Plan is equal to three (3) separate orders, a 6-Month Subscription Plan is equal to six (6) separate orders, and a 12-Month Subscription Plan is equal to twelve (12) separate orders. When purchasing our Subscription Products, you are agreeing to commit to the number of separate orders corresponding to the Subscription Plan you chose.
b) At any time, without notice and for any reason, we reserve the right to terminate the Terms and Conditions or suspend access to the Services indefinitely, including but not limited to any conduct that we believe violates these Terms and Conditions.
c) If you wish to cancel your subscription, you may send a notice to us at firstname.lastname@example.org. Your cancellation request may be subject to a cancellation fee.
d) You may change the delivery frequency in which you receive a shipment under the Manage Subscriptions page of your account. Delivery frequencies may be changed between 1 Month, 2 Months, and 3 Months.
e) Upon our sole discretion, we may terminate your Subscription Plan or account at any time and refuse any auto-renewal. If we terminate your access to our Site or Services, you agree that we are not liable to you or anyone else, including any third parties. In no event will DuraPaw be responsible or required to provide any refunds of amounts previously paid to DuraPaw. These Terms and Conditions remain enforceable against you even after your right to use our Services has been terminated or suspended.
5. Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling in certain cases. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical
errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
From time to time, we may offer a free box code, that grants your first box for free on a 6- or 12-month plan. If this code is used, you are bound to the duration of the 6 months (6 boxes) or 12 months (12 boxes). Your first box will be of absolutely no cost to you ($0.00) and each remaining box will be the posted rate on our website. If you wish to cancel before the end of your selected term (example: after 1, 2, 3, 4, or 5 month(s)) you will be charged a cancellation fee of $60.00. You authorize us to charge your payment instrument for this cancellation fee.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards, cheques, or electronic transfer for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the
posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
DuraPaw subscription plans are paid on a monthly basis. Providing us with your payment
information authorizes us to access and use the payment instrument you have chosen for regular monthly or bi-monthly payments of each DuraPaw order, plus applicable taxes and shipping. When you provide us with your payment information, you authorize us to charge your payment instrument for the amount owed.
Upon completing and submitting your payment information, your first payment will be processed. All other payments for DuraPaw shipments following the first payment will be processed every 30 days.
If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction. The number of purchases per customer, household, or order may be limited or cancelled at any time at our discretion. Orders placed under the same
customer account, the same credit card, and/or the same billing and/or shipping address may be restricted. The email address and/or billing address you provided when you made the order may be used to contact you if we need to make changes or cancel an order. If in our sole judgment, we determine that an order appears to be placed by a reseller or distributor, we reserve the right to limit or prohibit the order.
6. Shipments, Delivery, Title and Risk of Loss
After you place your first order and begin your subscription plan, your order will take place as soon as reasonably possible, depending on the delivery method selected. All recurring orders will ship every 30 days following your order. Unless otherwise specified at the time of order, you will pay all applicable shipping and handling charges specified during the ordering process.
If you purchase goods from us for delivery to a destination outside Canada, your
purchase may be subject to import duties and taxes applied by the destination
country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. It is imperative that you provide us with the delivery address, as well as the name of the recipient, in a complete and accurate manner. We are not responsible or liable for the delivery of your goods to the wrong address or wrong person as a result of inaccurate or incomplete information provided by you.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. It is important to note that delivery times do not include weekends or statutory holidays, and you will be responsible for delivery fees unless otherwise noted on the Site.
7. Returns, Exchanges, and Replacements
Defective products may be returned for credit orreplacement products. To return a defective product, please email us at email@example.com to begin your claim. Any products found to be defective are subject to replacement upon our investigation. You must notify us, within fifteen (15) days from the date you received your subscription package, of the defective product. Postal service notifications may be required to verify the date of which our products were received by you.
We cannot guarantee that an identical Product will be available at any given time, and you may be sent a replacement Product of similar value and/or type. You may message us directly at firstname.lastname@example.org to make any specific requests if your dog enjoys a certain toy more than another.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. In the event of repeated claims of undelivered Product, or defective Product, your membership may be cancelled.
8. Accounts and Security
By creating an account on our Site, you agree to the following:
a) You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
b) All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
c) If you fail to safeguard your login and/or password, DuraPaw is not responsible for any loss or damage.
9. Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use it unlawfully, and not to:
a) Violate the intellectual property rights of the Site owners or any third party to the Site
b) Hack into the account of another user of the Site
c) Act in any way that could be considered fraudulent
d) Impersonate another person
e) Insert or place any harmful code or viruses into the website
f) Violate any international, federal, provincial, state, or local law
If we believe you are using our Site illegally or in a manner that violates these Terms of Service, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
10. Intellectual Property
The content and services published and made available on our Site is the property of DuraPaw. This includes, but is not limited to, images, designs, graphics, text, logos, documents, downloadable files, code, and anything else we use to assemble the Site (collectively the “Content”). DuraPaw owns all the content on this Site, and you are only allowed to use it for personal and non-commercial purposes.
11. Links to Other Sites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
12. Warranty Disclaimer
We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT
APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
No assurance, representation, or warranty is made or implied that the use of our Services will be uninterrupted, timely, secure, error free, or that the information obtained from our Site will be accurate, complete, or up to date. The use of this Site and any linked websites is entirely at your own risk, and you assume total responsibility. Despite our efforts, DuraPaw does not warrant that any files downloaded from our Site and any linked websites will be virus-free, worm-free, trojan-free, or free of any destructive programming or software. It is your responsibility to implement procedures sufficient to satisfy your requirements regarding the backup and security of data.
13. Limitation of Liability
WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL DURAPAW, OUR DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
14. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.
15. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion,
governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
16. Dispute Resolution and Binding Arbitration
YOU AND DURAPAW ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the ADR Institute of Canada ("ADRIC") under its ADRIC Arbitration Rules (2016) (the "AAA Rules") by way of a virtual hearing.
The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
18. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of DuraPaw.
19. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail our registered address. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. Please note that if you notify to terminate this agreement, we will most likely no longer be able to supply our services to you.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
23. Entire Agreement
24. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Alberta or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Alberta.
25. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
For more information about these Terms, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail to our registered address.