When you use our Site, or send e-mails, text messages, use video calling and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
In order to use certain features of the Site and make purchases on the Site, you must register for an account with kindlydogs ("kindlydogs Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.
You are responsible for maintaining the confidentiality of your kindlydogs Account login information. You are fully responsible for all activities that are associated with your kindlydogs Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify kindlydogs of any unauthorized use or suspected unauthorized use of your kindlydogs Account or any other actual or potential breach of security.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. kindlydogs reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and kindlydogs reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. kindlydogs reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your kindlydogs account may also be restricted or terminated for any reason, at kindlydogs's sole discretion.
Risk of Loss and Shipping and Delivery
All items purchased from kindlydogs are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier.
kindlydogs attempts to be as accurate as possible. However, kindlydogs does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by kindlydogs is not as described, your sole remedy is to return the Product. Call us at 86-150-5918-6612 or send an email to firstname.lastname@example.org for return information.
From time-to-time, we may provide additional value to customers by advertising a discount off a "List” price or "Was” price shown with a strikethrough. For example:
List: $13.99, Price $12.99
Was: $14.10, Price: $12.99
"List” price means the suggested retail price of a Product as provided by a manufacturer, supplier or other retailers. It is not necessarily an actual price that was or is available elsewhere, either in the market generally or on the Site.
"Was” price is determined using recent price history of the Product on the Site. Pricing
kindlydogs cannot confirm the price of an item until you submit an order. Despite our diligent efforts, it is possible that Products in our catalog may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. kindlydogs will collect and remit sales tax as required by law.
Permissible Uses of the Site
The rights granted to you are subject to the following restrictions: (a) you shall not use the Site to place an order for resale on behalf of yourself or a third party for resale by that or another third party—we reserve the right to cancel bulk purchases in our sole discretion; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its Products or its content without the express written consent of kindlydogs; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another third party, including for purposes of resale of any of the Products; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without kindlydogs's express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without kindlydogs's express written consent.
kindlydogs reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that kindlydogs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
"User Content" of the Site’s user means any and all information and content, including photographs, that such user submits to kindlydogs by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Site (e.g., a user profile, product review, question & answer), or when you otherwise interact with kindlydogs (e.g., when you call customer service, send us emails). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by kindlydogs. Because you alone are responsible for your User Content (and not kindlydogs), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. kindlydogs is not obligated to backup any User Content, makes no representation that it will do so, and you agree that kindlydogs may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to kindlydogs an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, kindlydogs social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that kindlydogs will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Acceptable Use Policy
In connection with your use of the Site and interactions with kindlydogs and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; (g) purchase Products for resale.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of kindlydogs and kindlydogs is not responsible for any Third Party Sites.kindlydogs provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Disclaimer of Warranties
kindlydogs intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. Neither kindlydogs Nor its third party service providers, contractors, partners, suppliers or affiliates warrant the accuracy, or completeness of the content provided on this site or the products or services offered for sale on this site. We cannot and do not warrant that your use of this site will be uninterrupted, secure or error free. Accordingly, to the extent permitted by applicable law, kindlydogs Expressly disclaims all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
In no event shall kindlydogs, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us, any independent contractors be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in any way related to your relationship with kindlydogs group, your use of the site, products, or third party sites, or your interaction with or reliance on any advice from any such person or entity even if we have been advised of the possibility of such damages. Access to, and use of, the site, products and third party sites and any interactions with or reliance on advice from any such person or entity are at your own discretion and risk, and you will be solely responsible for any damage in connection therewith including but not limited to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or in any way related to your relationship with kindlydogs group, any interactions with or reliance on advice from any such person or entity, or these terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty us dollars ($50) or (b) amounts you've paid kindlydogs in the prior 12 months. We agree that any claim between us must be brought within two (2) years of the event(s) giving rise to such claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to indemnify and hold kindlydogs Group harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of these Terms, or (d) your interaction with such independent contractors or reliance on any advice provided by them. kindlydogs Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of kindlydogs. kindlydogs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of USA.