Terms of Service

Last Revision: July 29, 2024

DocuPet.com and any other websites from which we link these Terms of Service (together the “Site”) is owned and operated by DocuPet Inc. (“DocuPet”, “we” or “us”), a corporation incorporated under the laws of the Province of Ontario, Canada.

1. Acceptance of Terms

By accessing or using the Site or any of the software, applications, tools and services provided to you on, from, through or in connection with the Site (collectively, the “Service”) you agree to these Terms of Service (the “Terms of Service”) and our privacy policy (“Privacy Policy”). If you do not agree to these Terms of Service or the Privacy Policy, please do not access or use the Service.

You must be of the age of legal majority in your jurisdiction of residence or older to access and use the Service. Some Licensing Bodies may have additional, or different, eligibility requirements for Licensing Services (defined below).

2. Registration

In order to access some features of the Service, you will have to create an account (your “Account”). When creating your Account, you must provide accurate and complete information, and you must update such information if it changes. In the event that you do not provide or update such information as needed, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Services, or any such features or portions of the Services. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. If you suspect any unauthorized use of your Account, you must notify us immediately. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us.

Although we will not be liable for any losses that you may incur as a result of any unauthorized use of your Account, you may be liable to us for our losses or the losses of others due to such unauthorized use.

3. About DocuPet

DocuPet offers a platform through which individuals in Canada may purchase goods and services through its Site. For example, on the Site you may choose to purchase goods such as collars and/or tags for your pet or to register for services in relation to lost pets. “DocuPet Services”, are all of the services offered by us, other than the “Licensing Services”, which are described below. Licensing Services are offered only in certain jurisdictions.

In some areas, the Services may include a pet licensing service (the “Licensing Services”) in certain areas where we have an arrangement with participating municipalities, government agencies, or other entities responsible for the licensing of pets, or contractors acting for such (each a “Licensing Body”). Where available, the Licensing Services allow you to obtain a licence for your pet, in accordance with the bylaws, laws, and ordinances in place where you reside. The Licensing Body where you reside may also offer means to register your pet without using the DocuPet Site, such as in person service. Consult your Licensing Body for more information.

If you choose to register for, purchase, or use any DocuPet Services, you acknowledge and agree that such DocuPet Services are strictly between you and DocuPet. Accordingly, all data, information and Content that you provide to us in connection with the DocuPet Services will be stored, controlled, managed and used by us in accordance with our Privacy Policy.

However, if you purchase or use any DocuPet Services, and also choose to use Licensing Services (where such are available), some of your personal information may be separately controlled by DocuPet, and by your Licensing Body. For example, if you purchase a pet licence from your Licensing Body using the Licensing Services, and you also purchase a pet tag from DocuPet, information such as your contact information and pet information is controlled by your Licensing Body for the purposes including pet licensing in accordance with local bylaws or regulation, and your contact information is also controlled by DocuPet for purposes including fulfilling your order in accordance with these Terms of Service and our Privacy Policy. For more information on what information is provided to your Licensing Body, please review our Privacy Policy, and any privacy statements that may be provided by your Licensing Body.

The Licensing Services are distinct from and additional to the DocuPet Services, and are provided by us on behalf of the Licensing Body. Licensing Services are subject to an agreement between us and the Licensing Body. Some Licensing Bodies may have requirements that apply in addition to these Terms of Service. In such cases, you must comply with both the requirements of your Licensing Body, and these Terms of Service.

Data and information that we collect solely for the purpose of providing the Licensing Services will be managed and stored by us for the applicable Licensing Body and used for providing the Licensing Services in accordance with our agreement with the applicable Licensing Body. However, if you choose to use the DocuPet Services, some of that information may be DocuPet information as well, and may be used by us to provide the DocuPet Services and as described in our Privacy Policy. For more information, please review our Privacy Policy.

4. DocuPet Services

The DocuPet Services may include the following:

  • Services:
    • You may be able to create an online account where pet owner and pet information can be managed. You can make portions of this account public at your own direction to assist with reunification if your pet is lost. This information can include pet owner name, pet owner age, pet owner contact information, secondary pet owner information, pet name, pet species, pet breed, pet colour, pet age, pet sterilization status and proof of sterilization, pet rabies vaccination expiration date and proof of rabies vaccination expiration date, secondary contact information, veterinary clinic information, pet care instructions, pet obedience levels and behavioural attributes, pet photos, and many other types of pet owner and pet information.
    • A lost pet service, called HomeSafe®, which allows individuals to report their lost pet to us, their Licensing Body (where available) and to participating individuals that reside near the location of the lost pet. This allows for individuals who find a pet to view an online profile that has been made visible by the pet owner, and/or create a report that will be sent to a pet owner, and/or contact us so that we can assist in the reunification of a lost pet.
    • A pet location and activity monitoring service, which allows you to track the location, activity and certain health markers of your pet, using a special tracking device, and a mobile application, the “HomeSafe® Smart Tracker Service”.
  • The ability to purchase Products such as:
    • Pet tags which can be personalized to include your pet’s name and your phone number
    • Pet tag accessories such as collar connectors and pet tag casings
    • Pet collars and leashes
    • Wallet cards with personalized information
    • Pet Essentials such as poop bags, water bowls, and other pet care items

We may change the Products that are available through the DocuPet Services from time to time.

DocuPet may provide additional offerings to users from time to time.

By creating an account, you agree that DocuPet you will be using some of the DocuPet Services and that you may be presented with the option to purchase some of these services or products described above. You are not obliged to make any purchases of these services or products. For example, if you are in a participating Licensing Body, you may use the Licensing Services without making a purchase from DocuPet. Likewise, you may purchase DocuPet Services without using the Licensing Services.

5. Licensing Services

In some areas, DocuPet also provides pet licensing services which allow you to obtain and maintain a licence for a pet, in accordance with the bylaws in place in the Licensing Body in which you reside. The “Licensing Services” are subject to an agreement between us and the Licensing Body, and may differ between Licensing Bodies. They may include the following:

  • Collection and confirmation of required Pet and Pet Owner Information from you for the purposes of providing a Pet Licence on behalf of a Licensing Body, and provision of this information to a Licensing Body. The required information may differ by location, but typically includes pet owner name, pet owner contact information, pet name, pet species, pet breed, pet colour, pet age, pet sterilization status and proof of sterilization, pet rabies vaccination expiration date and proof of rabies vaccination expiration date.
  • Collection of pet licence fees, including any late fees, or pet licence-related citations or fine fees, and the remittance of those fees to the Licensing Body on behalf of pet owners. For clarity, these fees are collected on behalf of the Licensing Body, and are not charged by DocuPet.
  • Provision of a pet tag. Licensing Bodies typically offer a tag as part of the Licensing Services and included in the licensing fee. You may also choose to purchase an upgraded pet tag as part of the DocuPet Services. Either tag will act as an official pet licence tag.
  • Sending communications to you related to the requirement to purchase or renew a pet licence via email, mail or automated phone call.

Your Licensing Body may also offer means to register your pet without using the DocuPet Site, such as in person service. Consult your Licensing Body for more information.

The Licensing Body does not provide nor explicitly endorse DocuPet Services other than the Licensing Services described above.

In some cases, the Licensing Body may have provided us with your information which will be viewable and editable by you from within the Account you create. If DocuPet ceases to provide the Licensing Services in your area, the information that is necessary for obtaining and managing a pet licence in your area, including any historical information, will be transferred to the applicable Licensing Body. Some or all of this information may also be maintained by us to continue providing you with DocuPet Services or where permitted or required by law.

6. Product Orders

This section describes our policies in respect or goods you may choose to purchase via the DocuPet Services.

A. Orders

The DocuPet Services allow you to purchase goods and services from DocuPet. You may only make purchases (each an “Order”) through the DocuPet Services if you are over the age of legal majority in your jurisdiction of residence.

All Orders made through the Services are subject to the terms and conditions of this agreement, as well as any other applicable terms and conditions outlined on the Site relating to the Order. Pricing and other terms and conditions relating to purchases, content, product descriptions, returns, refunds, or delivery may be changed at any time. Prices may differ from those for purchases made through other channels.

B. Payments

You have a legal obligation to pay for any Orders made by you or through your account. In order to complete an Order, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant DocuPet the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.

Any promo code must be input where indicated on the Site before you place your Order.

By completing an Order, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars.

You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, and other charges. Taxes may depend on delivery location. Payments are processed by a third party service provider. We will charge you the amount on the invoice presented to you, but your financial institution may charge you a service charge, exchange fee, or other bank fees.

We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.

If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

Please note that adding an item or items to your basket (“Basket”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Basket. If an item was removed from your Basket, this may mean that we have sold out prior to you completing your Order.

We reserve the right, in our sole and absolute discretion, to change the prices offered on the Site at any time.

C. Our Rights Regarding Orders

Without limiting the generality of any other section of these Terms of Service, we reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms of Service. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order with or without notice. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly. We also reserve the right at our sole discretion, to prohibit sales to distributors or resellers.

All Orders are subject to verification by DocuPet at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to DocuPet): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of these Terms of Service.

D. Shipping

Purchases will only be shipped to a valid mailing address in Canada (as determined by us in our sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your Order. In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping.

The estimated delivery timeline will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control.

Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.

E. Refunds, Returns and Replacements of Orders

DocuPet products include any physical products that we offer to you including pet tags, pet accessories, collars, leashes, wallet cards or other pet-related items. They do not include Licensing Services, including without limitation, licensing fees and tags offered as part of the licensing fee.

If you have made a purchase of a DocuPet product and wish to cancel that order, you may do so for a full refund only if the order has not yet been processed for packing or shipping and prior to any customization you have requested. To request to cancel an order, email info@docupet.com.

We want you to love your pet’s tag, tag accessories, and any of the other products that you may purchase from us. So, if you’re not completely satisfied, subject to the limitations below, we’ll replace it or issue you a refund of all amounts paid to us within 30 days of the ship date. We may ask for a photo or other evidence to verify the condition of a product you have received in order to process a refund or replacement. In some cases, we may ask that the product be returned to us before processing a replacement or refund. Email us at info@docupet.com to request a replacement or refund.

This refund and return policy does not apply to:

  • Licensing Services,
  • The “HomeSafe® Smart Tracker Service”,
  • Goods that are damaged as a result of improper use or care,
  • Goods that have been lost and you are unable to return.
  • Third party charges, such as service charges, exchange fees or bank fees charged by your financial institution.

If something related to a product we have shipped to you isn’t quite right but it’s been more than 30 days, email us at info@docupet.com and we’ll do our best to see how we can help.

We stand by our pet tag products and offer a one-year guarantee on the legibility of the details included on the back of every DocuPet tag, provided you have taken reasonable care of your pet’s tag. If your pet’s tag etching is no longer readable during this period, just snap a picture and send us an email at info@docupet.com and one of our customer care team members will make sure it gets replaced as soon as possible.

7. Smart Tracker Service Subscriptions

Smart Tracker Service and Mobile App

DocuPet offers a pet dog location tracking, activity tracking, and health indicator monitoring service called the “HomeSafe® Smart Tracker Service”. The Smart Tracker Service is powered by Invoxia SAS, under contract to DocuPet.

The Smart Tracker Service is offered as a subscription service that includes a dog tracking device, (the “Smart Tracker”), and a mobile application (the “Mobile App”), available via either the Apple App Store or the Google Play Store, using which you may access information about your dog which is gathered while your dog is wearing the Smart Tracker. The Smart Tracker Service allows you to access the following information while your dog wears the Smart Tracker, subject to the limitations set out below:

  1. The location of your dog (n.b. all references to the “location of your dog” refer to the location of the Smart Tracker device, which can only track the location of your pet while they wear the device in accordance with any instructions that may be provided in the device manual), as well as historic dog location information
  2. Activity information related to your dog while they wear the device, both current and historic, consisting of:
    1. number of hours at rest
    2. number of minutes at various activity levels ex. walking, running
    3. additional activity data in beta testing ex. number of minutes eating, drinking
  3. Health indicators related to your dog while they wear the device, both current and historic consisting of:
    1. resting heart rate
    2. resting respiratory rate
    3. heart signature

Subscription Term and Payments

The HomeSafe® Smart Tracker Service is offered on a subscription basis for a term that you select when you choose to purchase the service (“Subscription”). Currently we offer the Smart Tracker Service on either a one (1) or two (2) year plan (each a “Term”). The Term of your Subscription commences on the date you submit your Order for the HomeSafe® Smart Tracker Service, and ends on the day that is one (1) or two (2) years after the date your Subscription commenced, plus one month, to ensure you receive a full one or two year subscription based on the Term you selected, and subject to renewal for subsequent terms as described below.

Your Subscription may not be transferred to any other person.

Regardless of the Term of your Subscription, you must pay for your Subscription in full at the time your Order is placed. Payment information may be collected by our third party payment processor to complete the transaction. Payment for your Subscription is subject to our Payment Terms as set out in Section 6.b. above, and shipping of the Smart Tracker is as set out in section 6(d). If payment for your Subscription is unsuccessful, including on renewal as set out below, we may suspend your access to the Subscription, or terminate your Subscription, until you provide a valid payment method.

The Smart Tracker will be delivered to you in accordance with our shipping terms in section 6.d. above.

Automatic Subscription Renewals

Where permitted by applicable law, your Subscription will automatically renew for subsequent Terms of one (1) or two (2) years (whichever you initially selected) until you choose to cancel it. Where required by applicable law, we will provide you with notice before your Subscription renews. On renewal, you will be billed the then current cost of your Subscription term (plus any applicable taxes) to your credit card or other payment method in your account. For certainty, on renewal, the price you will be billed will be the then current price for the Subscription term you had chosen, not an additional amount in respect of the Smart Tracker device.

To avoid being billed for an additional Term, you must cancel your Subscription at least 24 hours before the end of your current Subscription Term. To cancel your Subscription, please see the next section.

Cancellation

To cancel your Subscription, go to your Settings in your DocuPet Account and follow the instructions for cancellation. You may cancel your Subscription at any time. If you do, you will continue to have access to your Subscription through the end of your current Subscription Term, and no refunds of the amount you have paid for that Term will be provided. You may also reach us at the contact information below for assistance with cancellation.

We may terminate, restrict, or suspend your access to your Subscription without credit or refund to you if we determine that your activity violates these Terms, is improper, involves fraud or misuse, or harms or interferes with our or any other person’s interests. Unless prohibited by applicable law, we also reserve the right to refuse or terminate all or part of the Smart Tracker Service or any Subscription to anyone for any reason at our discretion, including if we cease to offer the Smart Tracker Service, or cease to offer renewals of the Smart Tracker Service.

Limitations on the Smart Tracker Service

Use of the Smart Tracker Service and mobile app requires internet/cellular connectivity. You are responsible for obtaining internet connectivity from an internet services provider and are responsible for any costs associated therewith. Connectivity may be subject to wireless and data fees charged by your internet carrier. Consult your carrier for details. You are responsible for securing internet service to use the Smart Tracker Service.

The Smart Tracker Service is intended to operate within the United States, and Canada (excluding Quebec) only, and is offered only to residents of those jurisdictions. However, the Smart Tracker Service may not be available within the entirety of this area, and service levels may differ for a variety of reasons beyond the control of DocuPet, and for which DocuPet is not responsible. For example, service, or service levels may differ based on factors such as: terrain (for example, mountains or tunnels may impact the availability of Smart Tracker Service), weather, proximity to cellular towers or WiFi sources (you may not be able to access the service in remote areas where cell phone service and wireless connectivity are not available), wireless or internet service disruptions, as well as other factors beyond our control.

If you do not use the Smart Tracker Service in accordance with any instructions that may be provided to you, including in the Smart Tracker device manual, you may experience degraded, less effective, or no service. The Smart Tracker Service is intended for use with an iPhone running iOS 16 or higher and smartphones running Android 10 or higher. If your device does not meet these specifications, you may not be able to use the Smart Tracker Service, you may not be able to use all of its features, or you may experience decreased performance. As the Smart Tracker Service and technology develop, these requirements may change. You are responsible for ensuring you have a device that is compatible with the Smart Tracker Service, and for all costs associated with obtaining and maintaining that device.

You must follow the instructions in the Smart Tracker manual when using the Smart Tracker. If you do not, then your Smart Tracker may not function properly, or may become detached from your dog. As examples, you must follow the instructions in the manual as to proper installation and use of an appropriate clip size, to help ensure the Smart Tracker remains on your dog. You should never attach a leash or any other device to the Smart Tracker device.

The Smart Tracker Service is intended only for use with dogs only, and other uses are prohibited, and may result in termination of service by DocuPet in its sole discretion. For example, and without limitation, use of the Smart Tracker Service to attempt to track another person or their vehicle is prohibited.

The information the Smart Tracker Service provides regarding your dog is intended for informational purposes only, and should never be used as a substitute for the advice provided by a professional such as your veterinarian or as a reason to delay seeking such advice. Never use information you obtain from the Smart Tracker Service to disregard the advice of a professional such as your veterinarian, or to take, or refrain from taking, actions that may affect the health of your pet without the advice of your veterinarian or other advisor.

8. Pet Licences

Pet licences may be purchased by you via the DocuPet site if we offer Licensing Services in your area. Pet licence fees are collected by us and remitted to your local Licensing Body, in accordance with our agreement with that Licensing Body (including in respect to any amounts we are owed under such agreements). We do not dictate the refund policy for pet licence fees, but in many cases, we are permitted to refund licence fees if you no longer own your pet and it has been less than 30 days since the purchase of a pet licence.

You may request a refund of your pet licence fee by emailing us at info@docupet.com. If you are informed by us that a refund is not permitted, and that this is dictated by your Licensing Body, you may contact your Licensing Body directly to seek additional information or make a request for a refund.

9. Prohibited Conduct

In accessing and using the Services, you agree that you will not do any of the following:

  • violate these Terms of Service, or any laws;
  • provide any false or misleading information to us or any other users of the Service;
  • infringe any rights (including but not limited to intellectual property rights, privacy or personality rights, or any other proprietary right) of any third party;
  • distribute spam, or any other commercial solicitation;
  • distribute viruses, malware, or any other technologies that may harm the Service or the interests or property of DocuPet, any Licensing Body, or any other users of the Service or any third party;
  • interfere with the proper working of the Site or the Services (including interference with or by-passing security features);
  • copy, modify, or distribute any other person's User Content (as defined below);
  • impersonate any person or organization, including without limitation, the personnel of DocuPet, or misrepresent an affiliation with another person or organization; or
  • use any robot, spider, scraper or other automated means to access the Site and collect information or any Content (including email addresses) for any purpose without our express written permission.

If we suspect or otherwise have grounds to believe that you are not complying with these Terms of Service or any other policies or terms that we may implement with respect to the Service from time to time, we may, at our sole discretion and without limiting any other remedies available to us, terminate or suspend your Account or remove, edit or delete your User Content, in either case with or without notice to you. We also reserve the right to refuse or terminate all or part of the Service to anyone for any reason at our discretion.

10. Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the “Content” on the Site. “Content” means text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, and are protected by copyright and other intellectual property rights under the law.

You acknowledge that the Content and the Marks are protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Service does not grant or transfer to you any ownership or other rights in the Content or the Marks, and except as expressly provided, nothing herein or within the Services shall be construed as conferring on you or any other person any license under any of the our or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Content or the Marks in any manner whatsoever.

Any rights not expressly granted to you in these Terms of Service are expressly reserved by DocuPet or our licensors. For greater certainty, you agree that you will not take any action that is inconsistent with our ownership of the Services and/or our ownership of, or any third party’s ownership of, any Content or Marks. You may access Content for your information and personal use solely as intended through the functionality of the Service and as permitted under these Terms of Service. You will not download any Content unless you see a link provided by us indicating that the Content is available for download. You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content. We, and our licensors, reserve all rights not expressly granted in and to the Service and the Content.

11. Links and Third Party Content

The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or any transactions between you and any third party. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release us from any and all liability arising from your use of any third-party website.

We do not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed by a user, and we expressly disclaim any and all liability in connection with Content.

12. Your Content

You may have the ability to submit content to the Service (“User Content”). For example, you may have the ability to request that we customize certain goods we sell through the DocuPet Services.

You retain all ownership rights you have in your User Content but agree that, by submitting User Content to us or the Service, you are granting to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and all other activities of DocuPet (including without limitation for promoting live conferences or events produced by us) in any media formats and through any media channels. Further, you waive all moral rights in your User Content in favour of DocuPet, and anyone acting with our authorization. You also hereby grant each user of the Service a non-exclusive license to access any User Content you post to a public area of the Service, and to use, reproduce, distribute, display and perform such User Content including as permitted through the functionality of the Service and under these Terms of Service.

For certainty, we process any User Content which includes your personal information, (such as your contact information or pet photos), in accordance with our Privacy Policy.

You will be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service and, in particular, you understand that we do not guarantee any confidentiality with respect to any User Content you submit.

You represent and warrant that you own or have the necessary licences, rights, consents, and permissions to publish User Content you submit to grant us the permission set out above. Further, you agree that you will not use the Services to upload, post, communicate or otherwise submit or transmit any User Content that:

  1. is deemed, in the sole and absolute discretion of DocuPet, to be defamatory, trade libelous, pornographic or obscene;
  2. is deemed, in the sole and absolute discretion of DocuPet, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of other individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of DocuPet; any identifiable third party products, trade-marks, brands and/or logos, other than those of DocuPet; conduct or other activities in violation of these Terms of Service; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by DocuPet in its sole and absolute discretion;
  3. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
  4. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  5. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
  6. violates or encourages violation of any law;
  7. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

DocuPet reserves the right, but no obligation to screen all User Content. Any User Content that we deem, in our sole and absolute discretion, to violate the terms and conditions set forth in these Terms of Service may be deleted or not posted. Further, if such User Content was submitted to customize a product, we may cancel the associated Order, either in whole, or in part. We reserve the right, in our sole and absolute discretion and at any time and for any reason, to remove any User Content (or any part thereof).

13. Warranty Disclaimer and Limitation of Liability

To the fullest extent permitted by law, you agree that the Service is provided on an “as is” and “as available” basis and your use of the Service will be at your sole risk.

To the fullest extent permitted by law, and other than specifically set out in these Terms of Service, DocuPet and each of our officers, directors, employees, contractors and agents (collectively, the “DocuPet Group”) disclaim all warranties, express or implied, in connection with the Service. DocuPet makes no warranties or representations about the accuracy or completeness of the Content provided on or through the Service or the content of any sites linked to the Service and assumes no liability or responsibility for any of the following:

  • errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, harmful code or the like which may be transmitted to or through the Service by any third party; and/or
  • any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available by, through or in connection with the Service.

To the fullest extent permitted by law, in no event will DocuPet, or the DocuPet Group, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages that you may suffer or incur whatsoever resulting from or arising in connection with any of the foregoing. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU.

You specifically acknowledge that the DocuPet Group will not be liable for Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Comments or opinions expressed in any User content are those of their respective users only. The views expressed on the Services and in User Content do not necessarily represent or reflect the views of DocuPet. The DocuPet Group is not responsible for, and disclaim all liability in relation to, the User Content posted, uploaded or otherwise submitted to or through the Services.

Any products and/or services described on the Services are offered in jurisdictions where they may be legally offered. The information on the Services is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

If we are found to be liable to you or any third party (notwithstanding the disclaimers and limitation of liability in these Terms of Service), then, to the fullest extent permitted by law, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total of any fees that you paid to us in the 12 month period immediately prior to the action giving rise to liability, and (b) One Hundred Canadian Dollars.

14. Indemnity

To the extent permitted by applicable law, you agree to release, defend, indemnify and hold harmless DocuPet and the DocuPet Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any privacy right, copyright or property right; or (d) any claim that your Content caused damage to a third party. The defense and indemnification obligations in this paragraph will survive these Terms of Service and your use of the Service.

15. Personal Information

By using the Service, you agree to the collection, transfer, storage and use of your personal information by us as further described in our Privacy Policy.

16. Disputes between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect to any disagreement, conflict or dispute between you and any another user of the Service. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.

17. Changes to these Terms

We may amend, modify, or update all or any portions of the Terms of Service at any time and from time to time, in our sole discretion, and including without limitation our payment terms, delivery terms, warranties and return policies, shipping policies, and our policies with respect to the Smart Tracker Service, including without limitation the terms we offer, the features and cost of the Smart Tracker Service, our pricing, and our renewal structure. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change or sooner as required by applicable law. It’s important that you review the Terms of Service whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, then you are agreeing to be bound by the updated Terms of Service. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. If you do not agree with any modification, then you may terminate the Services, without cost or penalty by sending us notice to that effect.

Because our Services are evolving over time, unless prohibited by applicable law, we may change or discontinue all or any part of the Services, including the products we offer and/or their prices at any time and without notice, at our sole discretion.

18. Termination

If you breach any provision of these Terms of Service you may no longer use the Services. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Services or any part thereof or any of their features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Service or your permission to use the Services are terminated by us for any reason, the agreement formed by your acceptance of these Terms of Service will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms of Service, then your sole and exclusive remedy is to discontinue using the Service. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this agreement.

19. Electronic Communications

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The DocuPet Group does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Services, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.tracker

20. Apple App Store and Google Play Store Terms

For users of the Apple Store and/or our Mobile App for the iPhone or iPad:

You acknowledge and agree that these Terms are concluded between you and DocuPet only, and not with Apple, Inc. (“Apple”), Google, or any third party platform that distributes mobile applications (each a “Platform”). DocuPet and not any Platform, is solely responsible for the content of the Mobile App. The licence granted to you for the Mobile App is limited to a non-transferable licence to use the Mobile App on any Apple-branded products (if you acquired the Mobile App through the Apple App Store) that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service (if you acquired the Mobile App through the Apple App Store).

DocuPet shall be solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified herein. You and DocuPet acknowledge and agree that no Platform has any obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

DocuPet shall be solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed herein. If you obtained the Mobile App through the Apple App Store, in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, neither Apple, nor any other Platform, will have any other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty as between a Platform provider and DocuPet will be the sole responsibility of DocuPet.

You acknowledge and agree that no Platform shall be responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, neither Apple nor any other Platform shall be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the Services.

You must comply with any applicable third party terms of agreement with using the Mobile App.

You acknowledge and agree that Apple, and Apple’s subsidiaries, each other Platform and such Platform’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

21. General

These Terms of Service, and any rights and licences granted in these Terms of Service, may not be transferred or assigned by you, but may be assigned by us without restriction.

The Service and Terms of Service will be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in Kingston, Ontario, Canada. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, will constitute the entire agreement between you and us concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. No waiver of any term of this these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service will not constitute a waiver of such right or provision.

22. Contact Us

If you have any questions about these Terms of Service, our Services, or if you need customer service, you may contact us at:

DocuPet Inc.
2 Gore Street
Kingston, Ontario
K7L 2L1
info@docupet.com
1-855-249-1370

Re: Inquiries

We may send notices to you through the Service, using the email address affiliated with your Account, or by mail, or by any other communication means you provide to us.