Terms and Conditions

1. INTRODUCTION

1.1 Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE
GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE
FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING.
ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND
INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND
THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE
AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED
FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.

These general terms and conditions of use (the “Terms of Use”) constitute a
legal agreement between you (“You” and “Your”) and
Tailored4paws
(the “Company”) governing Your use of and all associated web pages
owned by the Company (collectively, the “Website”). “We” and “Us” means
both You and the Company. By accessing or using the Website or otherwise
indicating Your consent to these Terms of Use, You agree to be bound by
these Terms of Use and the documents referred to here in. If You do not
agree with or accept any of the terms of these Terms of Use, You should
cease using the Website immediately. These electronic Terms of Use shall be
the equivalent of a written paper agreement between Us. By using the
Website, You represent and warrant that You are the legal age of majority
under applicable law to form a binding contract with the Company. 1.2
Amendment of Terms of Use These Terms of Use are dated December 22
2020. The Company reserves the right in its sole discretion to amend these
Terms of Use for any or no reason, at any time, and from time to time. Any
and all such amendments will be effective from the date they are published
and will apply to all access to or continued use of the Website. By continuing
to use or access the Website following such amendment to these Terms of
Use, You agree to be bound by the Terms of Use as amended, regardless of
whether or not the Company notified You of such amendments. You agree to
periodically review these Terms of Use in order to be aware of any
amendments. No changes to these Terms of Use are valid or have any effect
unless agreed to by the Company in writing.

2. YOUR USE OF AND CONDUCT ON THE WEBSITE

2.1 Nature of Use

The Website is for Your personal and non-commercial use only. You agree that You will only access or use the Website for lawful purposes and in accordance with these Terms
of Use. As a condition of Your access to and use of the Website, You warrant
and agree that You will not use or access the Website to: (a) violate or
promote the violation of any government-imposed restriction or rule or of
any third-party’s rights; (b) impersonate any person or entity, misrepresent
Your affiliation with a person or entity, or do any other thing or act that
brings the Company, any other user of the Website, or any third-party into
disrepute or causes liability for the Company; (c) distribute viruses, malware,
or any other technologies that are malicious or that may harm the Company,
the Website, other users of the Website, the Company’s affiliates, or any
third-party, or in any other way interfere or attempt to interfere with the
proper working of the Website; (d) reverse engineer, decompile, copy,
modify, distribute, transmit, license, sublicense, display, revise, perform,
transfer, sell, or otherwise make available to any third-party, or otherwise
publish, deep link, create derivative works from or exploit in any way the
Website or any content on the Website except as permitted by the Company
under these Terms of Use; and (e) harvest or otherwise collect, use, or
disclose (including through the use of any robot, spider, or other automatic
device, process, or means) content on the Website or personal information
about any other user or users of the Website for any purpose. You further
represent and warrant with respect to any account that You may make on or
through the Website that: (w) all the information You provide on or through
the Website is correct, current, and complete; (x) any username, password,
or any other piece of information chosen by You, or provided to You as part
of the Company’s security procedures, if any, will be treated as confidential
by You and will not be disclosed to any other person or entity; (y) You will
notify the Company immediately of any unauthorized access to or use of
Your username or password, if applicable, or any other breach of security;
and (z) You will not transfer Your account, if any, to another person without
the prior written consent of the Company.

2.2 User Generated Content

You may be able to submit, post, publish, display, or otherwise transmit content, material, or information to the Website or to other users or persons through or using the
Website (“User Generated Content”). You are entirely responsible for all User
Generated Content You submit, post, publish, display, or otherwise transmit
on or through the Website. The Company is not responsible or legally liable
to any third party for the content or accuracy of any User Generated Content
submitted, posted, published, displayed, or otherwise transmitted on or
through the Website by You or any other user of the Website. Any and all
User Generated Content must comply with all applicable laws, regulations,
and these Terms of Use. User Generated Content may be removed, hidden,
edited, or otherwise altered at the sole discretion of the Company for any or
no reason, with or without notice, and at any time. However, the Company
has no obligation, nor any responsibility to any party to monitor the Website
or its use, and does not and cannot undertake to review User Generated
Content. The Company cannot ensure prompt removal of objectionable
material, including User Generated Content, and the Company has no
liability for any action or inaction regarding transmissions, communications,
or content, including User Generated Content, provided by any user of the
Website or third-party, subject to applicable laws. The discretion of the
Company will be informed, but not limited by, the following guidelines for
inappropriate User Generated Content. User Generated Content may be
deemed inappropriate by the Company if it contains, depicts, includes,
discusses, encourages, or involves, without limitation: (a) material or
conduct that is illegal, exploitative, obscene, harmful, threatening, abusive,
harassing, hateful, defamatory, sexually explicit or pornographic, violent,
inflammatory, or discriminatory based on race, sex, religion, nationality,
disability, sexual orientation, age, or other such legally prohibited ground; (b)
any false, inaccurate, or misleading information, or the impersonation or
attempted impersonation of the Company, an employee of the Company,
another user of the Website, or any other person or entity; (c) conduct that
restricts or inhibits anyone’s use or enjoyment of the Website, or which, as
determined by the Company in its sole discretion, may harm the Company or
users of the Website, or expose either to liability; (d) cause annoyance,
inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm
any other person; or (e) material or conduct that is otherwise objectionable,
as determined by the Company at its sole discretion.

By submitting, posting, publishing, displaying, or otherwise transmitting any
User Generated Content on or through the Website, You agree to grant the
Company, its successors, and assigns, and the Company’s affiliates and
service providers as necessary, a worldwide, royalty free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, perform,
display, distribute, copy, and otherwise disclose for any purpose any User
Generated Content You submit, post, publish, display, or otherwise transmit
on or through the Website. You waive all moral rights in any such User
Generated Content.

2.3 Ordering and Purchases
These particular terms are designed for product sales, not services. In particular,
consider how you want to handle returns, exchanges, and product
warranties. This model provides space for you to insert a contact for
customers to reach out to inquire into returns or exchanges – if you have an
exchange or return policy, you should insert links to those policies instead.
This model also contemplates you amending its terms by using “Additional
Terms” specific to a product. This provides you more flexibility in setting
terms of sale for your products, but caution must be taken to make sure any
Additional Terms are clear, fair and reasonable, and well-communicated to
the customer prior to them completing an order. You may be able to
purchase products on the Website and Your purchase of any such goods will
be governed by this subsection

2.4, subject to any additional terms relating to a particular product
(“Additional Terms”), which will be made available to You at or before Your
time of ordering and will prevail over these Terms of Use in the event of a
conflict. By selecting a product, quantity, colour, and/or any other features
required to be selected by You, providing Your provided method of payment,
and completing the steps required of You during the check-out process, You
can place an order for a product on the Website. You may receive an email
confirming that such order has been received by the Company, however: (a)
any such order confirmation provided to You by the Company does not
constitute an acceptance of Your order; and (b) the Company reserves the
right, at its sole discretion, to accept or reject any order prior to shipment of
that order. Without limiting the foregoing sentence, the Company may reject
all or a portion of Your order because of the unavailability of the ordered
product or products for purchase, errors in product pricing information, or a
product recall for one or all of the products You ordered. Shipment and
processing of payment for each product in Your order will constitute the
Company’s acceptance of that portion of Your order. The Company does not
represent or warrant that any products description, image, or other such
content on the Website is accurate, complete, reliable, or current. If You
deem that a product You purchased on the Website is not as described on
the Website, Your sole recourse is to return that product to the Company for
a refund. Please direct such return inquiries to
tailored4paws@icloud.ca.

To extent legally permissible, the only warranties and conditions provided to You with respect to any particular product are those warranties and conditions described on
the Website. By placing an order for a product or products on the Website,
and specifically by confirming your order at the conclusion of the check-out
process, You agree to pay the Company the total amount set-out at the time
You confirm Your order. All prices quoted on the Website, including
the prices for products and shipping, are in Canadian dollars unless otherwise explicitly
stated. Your provided method of payment will be charged for Your order or
for each product in Your order as each portion of Your order is accepted by
the Company and shipped. The Company reserve the right to reject Your
order where the price of an ordered product has changed or was mis-stated
on the Website; You may be provided an opportunity to accept such price
change and continue with Your order. You are required to pay for all products
shipped to You by the Company, even where such product is shipped to You
as a result of an error by the Company, unless You return such product to the
Company within 14 calendar days of Your receipt thereof. All payments owed
by You are due no more than 30 calendar days after Your receipt of the
product and/or order and the Company reserves the right to charge interest
on any amounts owed but not paid by You within such time at the lower of
1.5% or the maximum rate permitted by law. All information provided by You
to the Company during the check-out process must be truthful, accurate, and
complete for the purposes for which such information was requested. By
providing payment information to the Company, You represent and warrant
that You are the authorized owner of such payment method. The Company
may use third-party carriers to ship and deliver the products You order and
the Company is not responsible for any loss or damage to any such products
after the Company has delivered the products to a third-party carrier.
Products You order may be shipped in one or multiple packages. Shipping
costs provided to You during the check-out process are estimates only and
are realized by the Company at the time of shipping. You agree to pay all
shipping costs unless otherwise stated by the Company at the time of Your
order, including without limitation any increase in the price of shipping or
any duties or other such taxes. The Company will respect any certain legal
rights You have with respect to Your order under applicable consumer
protection laws. For information on the Company’s exchange and returns
policy www.tailored4paws.ca.

3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP The Website and all
the content of the Website (including without limitation all information,
reports, data, databases, graphics, interfaces, web pages, text, files,
software, code, product names, company names, trademarks, logos, trade
names, any other intellectual property contained on the Website but
excluding User Generated Content), the manner in which such content is
presented or appears and all information relating thereto, and the Website’s
features and functionality (collectively, the “Website IP”) are owned by the
Company, its licensors, or other providers of such Website IP, and are
protected in all forms by intellectual property laws, including without
limitation copyright, trademark, patent, trade secret, industrial design, and
any other proprietary rights. The Company grants You a personal, revocable,
non-transferable, and non-exclusive license to access and read the Website
IP.

You agree that, except as explicitly authorized by the Company, You will not:
(a) distribute the Website IP for any purpose, including without limitation by
compiling an internal database, or by redistributing or reproducing the
Website IP by the press or media or through any commercial network, cable,
or satellite system; (b) create derivative works of, reverse engineer,
decompile, disassemble, adapt, translate, transmit, distribute, publish or
republish, download, store, arrange, modify, copy, bundle, sell, sub-license,
export, merge, transfer, loan, rent, lease, assign, share, outsource, host,
make available to any person or otherwise use, either directly or indirectly,
the Website IP in whole or in part, in any form or by any means whatsoever,
be they physical, electronic, or otherwise; or (c) allow any third-party to
access the Website IP.

4. ENFORCEMENT, SUSPENSION, AND TERMINATION The Company may in its
sole discretion for any or no reason, with or without notice, and at any time:
(a) terminate these Terms of Use; (b) limit, suspend, or terminate Your
access to or use of the Website; (c) take technical and legal steps to prevent
You from accessing or using the Website; or (d) remove or otherwise modify
any User Generated Content. Any such termination or action by the
Company shall be in addition to and without prejudice to such rights and
remedies as may be available to the Company, including injunction and
equitable remedies. Any terms of these Terms of Use which are necessary to
give effect to the rights of the Company under these Terms of Use or that
contemplate survival beyond termination shall survive, except to the extent
not permitted by law.

5. INDEMNITY To the maximum extent permitted by applicable law, You
agree at all times to indemnify, defend, and hold harmless the Company, its
agents, affiliates, partners, and its and their respective directors, officers,
employees, agents, service providers, contractors, licensors, suppliers,
successors, and assigns from and against any claims, actions, proceedings,
demands, liabilities, damages, judgments, awards, losses, costs, expenses,
or fees (including legal and other fees and disbursements) sustained,
incurred, or paid by the Company, or arising out of or relating to Your breach
of these Terms of Use or Your access or use of the Website, including without
limitation any User Generated Content You submit, post, publish, display, or
otherwise transmit on or through the Website, and Your access to, use, or
misuse of the Website or any content on the Website.

6. LIMITATIONS ON LIABILITY AND DISCLAIMER

6.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR
SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER
CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE,
LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR
LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR
EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE
WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT
LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE
OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY
CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR
FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED
CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE
WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO
PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO
KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE
COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S
LIABILITY TO YOU OR ANY THIRD-PARTY IS LIMITED TO THE GREATER OF: (Y)
THE TOTAL FEES SUCH PARTY MADE TO THE COMPANY IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.

6.2 Availability, Completeness, and Quality You understand and agree that
the Website, any content on the Website , and any services or items found or
attained through the Website are provided on an “as is” and “as available”
basis, without any warranties of any kind, either express or implied, including
without limitation the implied warranties of merchantability, fitness for
particular purpose, or non-infringement. Except as otherwise expressly
required by applicable law, the Company makes no representations,
warranties, conditions, or other terms (whether express or implied) in
relation to the provision of the Website or any content on the Website,
including without limitation as to completeness, security, reliability,
suitability, accuracy, availability, or currency of the Website or any content
on the Website, that the Website or any content on the Website will be free
from bugs, errors, or omission, or as to the satisfactory quality or fitness of
the Website or any content on the Website for a particular purpose. The
Company assumes no obligation to update the Website or any content on the
Website. The Website or any content on the Website may be changed
without notice to You. To the maximum extent permitted by applicable law,
the Company excludes all liability (whether arising in contract, tort, breach of
statutory duty, or otherwise), which the Company
may otherwise have to You as a result of any error or inaccuracies in the Website or any content on the Website, the unavailability of the Website for any reason, or any
representation or statement made on or through the Website or any content
on the Website. The Company is not responsible for any content on the
Website, including User Generated Content, that You may find undesirable or
objectionable.

6.3 Downloads The Company cannot and does not guarantee or warrant that
files or data available for downloading on, through, or as a result of the
Website will be free of viruses or other destructive code. You are solely and
entirely responsible for Your use of the Website and Your computer, Internet,
and data security. To the fullest extent provided by law, the Company will
not be liable for any loss or damage caused by denial-of-service attack,
distributed denial-of-service attack, overloading, flooding, mail bombing or
crashing, viruses, trojan horses, worms, logic bombs, or other technologically
harmful materials that may infect Your computer equipment, computer
programs, data, or other proprietary material due to Your use of the Website
or any services or items found or attained on, through, or as a result of the
Website or to Your downloading of any material posted on or through the
Website, or on any website linked to the Website.

6.4 Third-Party Sites The Website or content on the Website may contain
links to third-party sites. The Company does not assume responsibility for
the accuracy or appropriateness of, and has no control over, the information,
data, opinion, advice, or statements contained at such sites, and makes no
representations about any such websites that may be accessed from the
Website or from any content on the Website. Where You access such sites,
You acknowledge and agree You are doing so at Your own risk. Your use of a
third-party site may be governed by the terms and conditions of such site. In
providing links to third-party sites, the Company is in no way acting as a
publisher or disseminator of any material contained on those sites and does
not and does not seek to monitor or control such sites. A link to a third-party
site does not mean and should not be construed to mean that the Company
is affiliated or associated with such third-party in any way. The Company
does not recommend or endorse any material found on such third-party
sites. The mention of another party or its product or service on the Website
or in any content on the Website is not and should not be construed as an
endorsement of that party or its product or service.

6.5 No Reliance Any reliance You may place on the Website or any content
available on, through, or as a result of the Website is at Your own risk. Any
content provided by the Company on, through, or as a result of the Website
is provided for general information purposes only and to inform You about
the Company and the Company’s products, news, features, services, and
other websites. Such content does not constitute technical, financial, or legal
advice, or any other type of advice, and should not be relied on for any
purpose. You agree to apply Your own judgment or obtain specific or
professional advice before taking, or refraining from, any action or
inaction on the basis of the Website or any content on the Website, including
User Generated Content, including without limitation the use of the Website
or any content on the Website, including User Generated Content, as the
basis for any conclusions.

6.6 No Offer of Sale Unless explicitly stated, the Website and the content on
the Website are not to be construed as an offer to sell any product or
service.

6.7 Force Majeure The Company shall have no liability to You for any breach
of these Terms of Use caused by any event or circumstances beyond the
Company’s reasonable control including without limitation strikes, lock-outs
and other industrial disputes, breakdown of systems or network access,
disease, flood, fire, explosion, or accident.

7. RELEASE If You have a dispute with one or more other users of the
Website, You release the Company, its affiliates, and licensors (and its and
their directors, officers, employees, agents, and subsidiaries) from any
claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with
such disputes.

8. PRIVACY
The use by the Company of Your personal information is governed by the Company’s privacy policy (“Privacy Policy”), which can be
found at www.tailored4paws.ca/privacy-policy

By using the Company’s
Website or by submitting Your personal information, including User
Generated Content, on or through the Website, You consent to the collection,
use, and disclosure of Your personal information in accordance with the
terms of the Privacy Policy.

9. GENERAL

9.1 No Agency No agency, partnership, joint venture, employee-employer, or
franchiser-franchisee relationship is intended or created by these Terms of
Use.

9.2 Governing Law, Jurisdiction, and Attornment These Terms of Use shall be
governed by and construed in accordance with the laws of the Province of
Ontario and the federal laws of Canada applicable therein, without giving
effect to any choice of law provision, principle, or rule, and notwithstanding.
Your domicile, residence, or physical location. For the purpose of all legal
proceedings, these Terms of Use shall be deemed to have been performed in
the Province of Ontario and the courts of the Province of Ontario shall have
jurisdiction to entertain any action arising under or out of these Term of Use.
You and the Company agree to irrevocably attorn and submit to the
exclusive jurisdiction of the courts of the Province of Ontario. You further
waive any and all objections to the exercise of jurisdiction over You by such
courts and to the venue of such courts. You agree to waive any right You
may have to a trial by jury or to commence or participate in any class action
against the Company related to the Website or any content on the Website,
including User Generated Content, or these Terms of Use.

9.3 Waiver No failure to exercise, or delay in exercising, any right, remedy,
power, or privilege arising from these Terms of Use operates, or may be
construed, as a waiver thereof. 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.

9.4 Severability Any term of these Terms of Use that is prohibited or
unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective
to the extent of such prohibition or unenforceability and shall be severed
from the balance of these Terms of Use, all without affecting the remaining
terms of these Terms of Use or affecting the validity or enforceability of such
terms in any other jurisdiction. Nothing in these Terms of Use shall operate
to prejudice any mandatory statutory requirement or Your statutory rights.

9.5 Entire Agreement These Terms of Use together with the Privacy Policy
and other documents referred to herein contain the entire understanding
and agreement between Us in relation to Your use of the Website, and
supersede and replace all prior and contemporaneous understandings,
agreements, representation, statement, or other communication made by
You or the Company, whether written or oral, that is not contained herein.

9.6 Notices The Website is operated by Tailored4paws
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with the Company or
have purchased a product or service from the Company, the Company will
send You information and documents to the e-mail address in Your account
profile on the Website or provided in the course of purchasing such product
or service. You will send information and documents to the Company by
email to Tailored4paws@icloud.ca.
Every notice that You are required or permitted to provide
under these Terms of Use to the Company shall be in writing and provided to
Tailored4paws.ca.
All notices from the Company to You will be displayed on the
Website from time to time.