Terms of service

Terms of Use

Last modified: November 16, 2021

 

This agreement (this “Agreement”) is a contract between you (“you”) and Dog Standards Inc (“Dog Standards”, “us”, “we” or  “our”) concerning the conditions associated with the ordering and receiving of Dog Standards dog food (the “Dog Food Delivery Service”), dog food products (the “Products”) and content made available through your use of our website www.dogstandards.ca, any subdomain and any other platform (including any mobile applications) in relation thereof (the “Website” and together with the Products and the Dog Food Delivery Service, the “Service”). Please read all of the following terms and conditions carefully before using the Service.  Dog Standards reserves the right to amend this Agreement or any section of this Agreement, in whole or in part, at any time.

 

By accessing the Website, using the Service or selecting “I Agree” upon creating your Dog Standards Account (as defined below), you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must cease using the Service by cancelling your Subscription (as defined below), if applicable, in the manner described herein.

 

 

  1. Eligibility for Use of the Services and Placing an Order

 

The Services are not targeted toward or intended for use by anyone under the age of legal majority in the province/territory where they reside . By using the Services, you represent and warrant that you (a) are the age of legal majority or older in the province/territory where you reside, (b) have not been previously suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service, (c) do not have more than one account to use the Services (a “Dog Standards Account”), and (d) have full power and authority to enter into this Agreement and in so doing will not violate any other agreement to which you are a party.

 

We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into the Service. We reserve the right to include or exclude you from these tests without notice.  Dog Standards reserves the right to modify or discontinue certain aspects of the Service.

 

  1. Dog Standards Account Set-up and Security

 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depends on you. You are responsible for obtaining your own access to the Website. You are required to ensure that all persons who access the Website through your internet connection are aware of this Agreement and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Dog Standards Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided a Dog Standards Account, your Dog Standards Account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

 

We reserve the right at any time and from time to time, to disable or terminate your Dog Standards Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.

 

You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Dog Standards’ ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper functioning of the Website.

 

  1. Website Conditions of Use

 

As a condition of your access and use, you agree that you may use the Website and Dog Standards Account only for lawful purposes and in accordance with this Agreement.

 

The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all interactive functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

 

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

 

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.

 

(b) In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

 

(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Dog Standards’ sole discretion.

 

(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

 

(e) Involve, provide, or contribute any false, inaccurate, or misleading information.

 

(f) Impersonate or attempt to impersonate the Dog Standards, a Dog Standards employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

 

(g)Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

 

(h) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Dog Standards or users of the Website or expose them to liability.

 

(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

 

(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

 

  1. Terms of Sale

 

The Dog Food Delivery Service is offered by way of a subscription (the “Subscription”). When you register for a Subscription, you agree that: Dog Standards (or a third party payment processor authorized by us) is authorized to charge your credit card for your Subscription and that we are authorized to charge you the Subscription fee (as set out in your Dog Standards Account) until such time that your Subscription is cancelled. We will not charge your credit card until after the cancellation deadline (as set out in your Dog Standards Account) - with the exception of your first delivery, which will occur immediately following your initial Subscription to the Dog Food Delivery Service.

 

All prices are shown in Canadian dollars and will be charged GST/HST on every shipment where applicable.

 

We accept no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such a situation occurs, you will receive an error message and the transaction will be denied.

 

Please consult your Dog Standards Account for more information on the pricing and features of our different Subscription plans. You acknowledge being bound by the terms and conditions of the Subscription plan you have selected.

 

  1. Delivery

 

The Dog Food Delivery Service is only available for certain areas within Canada. You can find out if we ship to your area by signing up and you will be notified once we start shipping to your specified address.

 

Dog Standards reserves the right to use third party services for shipping. Title to and the risk of loss of all Dog Food Delivery Service and Products passes to you upon pick-up of the Products by our designated third party shipping service. Following the delivery to you (as described below), the condition and consumption of the all Products are at your own risk, and you are solely responsible for the proper handling, storage, use and consumption of the Products. Dog Standards is not responsible or liable for any action(s) or inaction(s) of designated third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control of a designated third party.

 

Shipping times and dates are estimates and actuals may vary due to weather conditions and other factors, some of which may be outside of our control. If there are events beyond our control that interfere with our ability to deliver the Products to you on your scheduled delivery day, we will attempt to deliver your Products as soon as commercially reasonable. In the event that we remain unable to deliver your Products, we will issue you a credit for the purchase price of that delivery. You are responsible for the purchase price of the Products if we are unable to make your delivery at your confirmed address at the specified time due to reasons caused by you.

 

We consider the Products delivered when the third party courier service arrives, and surrenders custody of the Products in accordance with the delivery instructions you have specified in your Dog Standards Account. We will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. If there is no individual present at the location specified in the delivery instructions we will leave the package unattended at the address or location you have specified. You are responsible for insuring the clarity and completeness of all delivery instructions provided to us.

 

You are responsible for inspecting all Products you receive from us for any damage or other issues upon their delivery to you. You are solely responsible for determining the freshness of the Products you receive. You should confirm that the internal temperature of any meal is cool and in refrigerated condition. Should the Products not be fresh upon their delivery to you, please contact us at help@dogstandards.ca. Refunds for Products remain within the sole discretion of Dog Standards.

 

Our boxes include insulated liners and dry ice that keep your dog food cold and fresh. You are responsible for the Products as of the moment when the courier gives up custody of the Products to you. You are responsible for a Product degradation as a result of any events (including the passage of time) after the delivery of the Products. Please keep in mind season and temperatures in your area at the time of delivery and plan deliveries and storage accordingly.

 

Upon reception and following inspection of any delivered Products, you must immediately freeze or refrigerate all perishable items and are responsible for following refrigeration, food safety, safe food handling instructions and food consumption recommendations from the Ontario Ministry of Agriculture, Food and Rural Affairs, and the Canadian Food Inspection Agency, to reduce risks of foodborne illnesses.

 

We may from time to time designate certain locations as “pick-up points” where you can collect the Products. Should you choose to receive your Products at a pick-up point, we will consider the Products delivered when they are made available to you for pick-up at the specified pick-up point. You are responsible for collecting your Products within the timeframe specified in your shipping confirmation.

 

  1. Products

 

You acknowledge and agree that the Products have been formulated and balanced for dogs' nutritional needs. Although all ingredients are safe for human consumption, they will not provide a balanced diet. The Products are not formulated for any other animals besides dogs. The Products should be purchased with the intent of feeding dogs only.

If a Product selected by you under a Subscription is not available, Dog Standards reserves the right to substitute such Product with a similar Product.

 

  1. Termination

 

You may cancel your Dog Standards Subscription at any time by contacting us by email at help@dogstandards.ca, provided that you remain liable to pay for any Products that we have already prepared prior to such cancellation. Dog Standards also reserves the right to suspend or end the Service if you are in breach of this Agreement, or for any other reason.

 

  1. Disclaimer of Warranty and Limitation of Liability

 

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, DOG STANDARDS’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND WHEN AVAILABLE.

 

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL DOG STANDARDS NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF DOG STANDARDS WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICE AND WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

 

  1. Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dog Standards, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement or your use of the Website or Service, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in this Agreement.

 

  1. Intellectual Property Rights and Ownership

 

You understand and agree that the Website and its entire contents, User Submissions, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Dog Standards, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

 

The Dog Standards name, the Dog Standards logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of Dog Standards or its affiliates or licensors. You must not use such marks without the prior written permission of the Dog Standards. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

 

You may only use the Website and Service for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.

 

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any Service or materials available through the Website.

 

If you print off, copy, or download any part of the Website in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Dog Standards. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

  1. Amendments

 

Dog Standards may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least thirty (30) days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Dog Standards obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending Dog Standards a notice to that effect no later than thirty (30) days after the amendment comes into force.

 

  1. Governing Law

 

This Agreement shall be governed by and construed by the laws of the Province of Ontario and the laws of Canada applicable therein. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Toronto, Ontario.

 

  1. Entire Agreement

 

This Agreement is the entire and exclusive agreement between Dog Standards and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Dog Standards and you regarding the Service. The terms may be supplemented by the terms of any special offer we may make to you.

 

  1. Assignment

 

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without our prior written consent, which consent is within our sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties and their respective successors and assigns. Dog Standards shall be allowed to assign this Agreement to any third party without requiring your consent.

 

  1. Geographic Restrictions

Dog Standards is based in Ontario, Canada. We provide the Website and Service for use only by persons located in Canada. The Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

 

  1. Privacy

 

By submitting your personal information and using the Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of Service.

 

By using the Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy.

 

  1. Third Party Websites

 

For your convenience, the Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

 

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with Agreement. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

 

  1. General

 

Nothing in this Agreement shall constitute a partnership or joint venture between you and Dog Standards.

 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

The parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.

 

  1. Contact

 

If you have any concern, question or complaint regarding this Agreement or Service, please contact us at:

 

Dog Standards Inc.

help@dogstandards.ca