Last Updated: April 15, 2024.
PLEASE READ THESE TERMS OF SERVICE (REFERRED TO HEREIN AS "AGREEMENT") CAREFULLY BEFORE USING THE POPPIEDOG WEBSITE. These terms of service constitute a legally binding contract that governs the use of the Poppiedog website, establishes limitations of liability for Poppiedog and other parties, specifies the jurisdiction for dispute resolution, and includes other significant provisions.
By accessing or using the Poppiedog website, you acknowledge and signify that you have read, understood, and agree to be bound by the most recent version of these terms of service. If you do not agree with these terms of service, you may not access or use the Poppiedog website.
1. Acceptance of these Terms of Service
These Terms of Service constitute a legal agreement between you and Poppiedog ("Poppiedog") regarding your access to and use of the Poppiedog website located at www.poppiedog.com and all content, information, products, and services available on or through the website (collectively, the "Website"). The Website is the property of Poppiedog and its licensors.
Each time you access or use the Poppiedog Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Service. If you do not agree with these Terms of Service, you may not access or use any aspect of the Website.
These Terms of Service are in addition to any other agreement you may have with Poppiedog, including an agreement for your purchase of Poppiedog products or services.
2. Changes to these Terms of Service
Poppiedog may, at its discretion, change these Terms of Service at any time without prior notice by posting the updated Terms of Service on the Website. The updated Terms of Service are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Service and review any changes since the last version. By using the Website after these Terms of Service have been changed, you signify your acceptance and agreement to the updated Terms of Service. You may not modify, supplement, or amend these Terms of Service in any manner.
3. Permissible Users
You may not use the Website if you are under the age of majority in your jurisdiction (which is typically 18 or 19 years of age) or if you are unable to enter into legally binding contracts under applicable law. If you are under the age of majority, your parent or legal guardian may use the Website on your behalf.
You may not use the Website if you violate these Terms of Service, if your permission to use the Website has been suspended or terminated by Poppiedog, or if these Terms of Service, as they apply to you, have been terminated.
4. Permissible Use
The Website is provided to you for your lawful, personal, non-commercial use only. You may use the Website solely for the purposes and in the manner permitted by the Website and subject to these Terms of Service and all applicable laws. Any other use of the Website is strictly prohibited.
The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, cataloged, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Poppiedog.
5. Other Terms and Conditions
Additional terms and conditions and policies (collectively, the "Other Terms and Conditions") apply to purchases of products and services through the Website and to specific portions, features, or services (such as contests and other promotions) offered through the Website. Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions:
For Shipping and return policies : https://poppiedog.com/pages/shipping-and-return-policies
Poppiedog may, at its discretion, change the Other Terms and Conditions at any time without prior notice by posting the updated Other Terms and Conditions on the Website. The updated Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Service and review any changes since the last version.
6. Ownership of Website and Content
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by Poppiedog and its licensors and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title, or interest in, to, or associated with the Website or its content.
7. Your Information
You will ensure that all information you provide to Poppiedog, through the Website or otherwise, including account information (such as your legal name, residential address, email address), payment information (such as your credit card numbers and expiration dates), and transaction-related information, is true, accurate, current, and complete. Poppiedog will rely on the information you provide. You will be solely responsible and liable for any loss, damage, and additional costs that you, Poppiedog, or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
8. Communications
You authorize Poppiedog to: (a) accept communications it receives from you through the Website as if those communications had been directly given by you in writing and signed by you; and (b) respond to your communications through the Website, by email, or other means of communication.
9. Personal Information Privacy
Poppiedog collects personal information and non-personal information from users of the Website. Poppiedog's Privacy Policy is available online: https://poppiedog.com/pages/privacy-policy
10. Misprints and Errors, Product Availability and Prices
Poppiedog endeavors to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Poppiedog cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and does not warrant that the content of the Website (including product descriptions, photographs, and colors) is accurate or complete. Please note that your monitor might not accurately display product colors.
Poppiedog reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers, and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell.
11. Trademarks
POPPIEDOG, BOUTIQUE POPPIEDOG, and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Poppiedog and its affiliates. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, or trade names of their respective owners. Any use of the trademarks, service marks, or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks, or trade names.
12. Accounts and Codes
To access and use certain features and services of the Website, you must have a valid Website account and use valid username and password (collectively "Codes") accepted by Poppiedog. Accounts and Codes are personal and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify Poppiedog’s Customer Care by email at info@poppiedog.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. Poppiedog will not be liable for any loss or damage arising from your failure to comply with the above requirements.
13. Feedback/Submissions
You agree that you will not submit to Poppiedog any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, promotions, new or improved products or services, or new product names or branding) that you send to Poppiedog (collectively "Submissions") are deemed to be non-confidential, and you automatically grant to Poppiedog and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media, or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favor of Poppiedog and its successors, assigns, and licensees any and all moral rights in the Submissions.
14. Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from Poppiedog, and Poppiedog does not endorse and has no responsibility or liability for or control over Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against Poppiedog arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
15. Prohibited Activities
Deep links to the Website without the express written permission of Poppiedog are strictly prohibited. Poppiedog may, in its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
Framing, mirroring, scraping, or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs, or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.
You may not attempt to gain unauthorized access to any part of the Website or its content or any related system, network, service, or data by hacking, password mining, or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
16. Disclaimers
The Website and the products, services, and content provided through the Website are provided on an "as is", "as available", and "with all faults" basis, without any representations, warranties, conditions, or guarantees of any nature or kind whatsoever, whether express, implied, or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions, or guarantees of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement of third party rights, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, quiet enjoyment, uninterrupted service, or workmanlike effort, all of which are hereby waived by you and disclaimed by Poppiedog to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services, and content provided through the Website to achieve your intended results.
Poppiedog does not promise that the Website or the products, services, or content provided through the Website will be error-free, uninterrupted, or secure, that any defects will be corrected, or that your use of the Website or the products, services, or content provided through the Website will produce specific results. You use the Website and the products, services, and content provided through the Website at your own risk. Except as set forth in the return & exchange terms, if you are dissatisfied with the Website or the products, services, or content provided through the Website, your sole remedy is to cease using the Website and the products, services, and content provided through the Website.
You are solely responsible for obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage all equipment, software, and services (and all data contained therein) necessary for your use of the Website.
17. Liability Exclusions
To the maximum extent permitted by applicable law: (a) in no event and under no circumstances will Poppiedog group be liable to you or any other person for any damage or loss (including indirect, incidental, consequential, special, punitive, or exemplary damage or loss, loss of profit, loss of revenue, loss of data or information, loss of use, loss of business, loss of opportunity, loss of productivity, or any other commercial damage or loss) arising from, connected with, or relating to the Website or the products, services, or content provided through the Website; and (b) if notwithstanding the foregoing or any other provisions of these Terms of Service Poppiedog group is liable to you or any other person, then in no event and under no circumstances will Poppiedog group’s total aggregate liability arising from, connected with, or relating to the Website or the products, services, or content provided through the Website exceed CAD $100. The foregoing liability exclusion and limitation apply to liability under any theory of law (including contract, tort, statute, and strict liability), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Poppiedog or any person for whom Poppiedog is responsible, even if other remedies are not available or do not adequately compensate you or any other person for the loss and damage or Poppiedog knew or should have known of the possibility of the potential loss or damage being incurred.
The disclaimer of certain warranties and conditions and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions, and so the foregoing disclaimers and liability exclusions and limitations may not apply to you.
18. Indemnity
You will defend, indemnify, and hold harmless Poppiedog group from and against any and all losses, damages, costs, expenses, claims, complaints, demands, actions, suits, proceedings, liabilities, and obligations (including damages, expenses, and costs), settlement payments, and attorney’s fees and expenses (collectively, "claims/proceedings/liabilities") directly or indirectly arising from, connected with, or relating to your use of the Website or your negligence, misconduct, or breach of these Terms of Service. You will not enter into any settlement or other agreement on behalf of Poppiedog group, or which affects the rights or interests of Poppiedog group, without Poppiedog’s express prior written consent, which consent may be withheld at Poppiedog’s discretion. Notwithstanding the foregoing, Poppiedog group retains the right to participate in the defense of and settlement negotiations relating to any claims/proceedings/liabilities with counsel of its own selection at its sole cost and expense.
In these Terms of Service, "Poppiedog group" means Poppiedog and its affiliates, licensors, service providers, and suppliers, and their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally.
19. Changes/Termination
Notwithstanding any other provision of these Terms of Service, Poppiedog may, at its discretion, change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.
Poppiedog may, at its discretion and for its convenience, at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.
These Terms of Service, as they apply to you, are effective unless and until terminated. You may terminate these Terms of Service by permanently ceasing to use the Website and by giving written notice of termination to Poppiedog’s Customer Care. Poppiedog may terminate these Terms of Service at any time either by giving notice of termination to you or by denying you access to the Website.
20. Governing Law
These Terms of Service and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Quebec, Canada, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
21. Contact Information
If you have any questions regarding the Terms of Service, contact us by email at info@poppiedog.com.