Terms of Service

Last updated: 2024-05-06T00:49:53.416Z

These Terms of Service are a contractual agreement between you and OscarsFarm Ltd (t/a Pawsitive), a company incorporated in the Republic of Ireland, with an office at Charlemont Street, Dublin, Ireland ("Pawsitive," "we," "us," and "our").

The terms govern all use of the Pawsitive service through our online web application https://pawsitivedogfood.com, or any localized version (the "Pawsitive Service" or "the Service").

By using the Service, you agree to comply with and be legally bound by these Terms of Service ("Terms"), whether or not you become a customer of the Service. If you do not agree with these terms, you do not have the right to use the Pawsitive Service.

Definitions:

• "Customer" means any person who searches for or purchases goods through the Service.
• "Account" means your customer profile, including your username, password, pet information, delivery location, delivery schedule, delivery instructions, payment method, order history, and subscription plans.
• "Goods" means the products advertised on the Service.
• "Order" means a customer's order for goods based on the number and description as set out in the order.
• "Contract" means the legally-binding agreement between you and Pawsitive for the supply of the goods.
• "Delivery Location" means the location where the goods are to be supplied as provided by the customer.
• "Content": means text, graphics, images, music, software, audio, video, information, documents, compilations, data, or other materials.

How it Works: The Pawsitive service allows for customers to arrange for the provision of goods as set out in the Pawsitive service.

Use of the Service: To purchase goods and use certain aspects of the service, you will be required to create an account, including a username, password, user profile, and pet profile. You agree by registering an account to provide accurate information about yourself and keep this information up-to-date. You are responsible for maintaining the confidentiality of your account information (including maintaining a secure password) and are responsible for all activity under your account.

When you use the Pawsitive service, you agree:

• You are at least 18 years of age at the date of registering.
• To use the service only in a lawful manner and only for its intended purposes as set out in these terms.
• To comply with all applicable tax laws and regulations that apply to your activity on the service.
• You are responsible for all purchases made on your Pawsitive account.
• You are responsible for all actions and changes to your account, including but not limited to changes to your username, password, pet information, delivery location, delivery schedule, delivery instructions, payment method, order history, and subscription plans.
• Not to access or use the service for competitive purposes or to post spam or promote other products or services.
• Not to use any tools to access, copy, acquire information, or monitor the service or any portion or content thereof.
• Not to misuse the service by knowingly introducing viruses, trojans, worms, logic bombs, or other material that would harm the service.
• To promptly inform us of any changes to the information you have provided us, including payment details.
• To promptly inform us if you become aware or suspect that your account information is known by anyone other than you.
• Not to behave or act in any way that may cause upset or harm to Pawsitive employees, to be determined at the sole discretion of Pawsitive.

You have no rights in or to any portion of the service other than the right to use them in accordance with these terms of service. Pawsitive reserves the right, at its sole discretion, to terminate a user's access to the service due to any act that constitutes a violation of these terms.

Goods: The description and images of goods on the Pawsitive service are for illustrative purposes only. Packaging may vary from that shown in images, and the exact weight of goods may vary from the indication on packaging.

Pawsitive reserves the right, determined at our sole discretion, to modify goods (including ingredients, quantities, and changes to the price) when necessary. However, if changes are made to goods, you will be informed and asked to confirm if you still desire to proceed with your order.

Pawsitive goods may contain allergens. It is imperative that you indicate, in writing, if your pet has any allergies before any purchase. As a pet owner, it is your responsibility to ensure that any goods purchased via Pawsitive do not cause an adverse reaction to your pet. Pawsitive will not be liable for any allergic reaction your pet may have or any adverse consequences resulting from an allergy.

Orders & Subscriptions: When paying for goods or making an order with Pawsitive, you will be required to have a complete account as well as a valid payment method (e.g. credit card). You may choose a subscription plan for the goods.

When you subscribe to a Pawsitive subscription, you agree to be charged a recurring subscription fee (the "Subscription Fee"). The Subscription Fee will continue to be billed monthly on the day you signed up. The Subscription Fee will not be refunded for cancellations after payment has been made. You acknowledge that Pawsitive will bill your payment method on a recurring basis without requiring further authorization from you and that this subscription fee is to be charged to the payment method you have chosen.

Pawsitive reserves the right to change the Subscription Fee or institute new charges and the right to change our subscription policy from time to time, for any reason. We will provide notice of any changes and may cancel your subscription if we determine that your use of the service is not in accordance with these Terms.

Delivery: Delivery will be made to the address that you specify when making your order. We reserve the right to restrict the delivery locations for some products.

You will become the owner of the goods you have ordered when they have been dispatched to you. Once the goods have been delivered to you, they will be held at your risk, and we will not be liable for their loss, damage, or destruction.

Returns: If you're not happy with a product you've purchased, please contact us immediately. We'll be happy to discuss your concerns and, if necessary, arrange for a refund or replacement.

Pricing & Payment: Goods are charged at the price when you order them, based on your order and delivery location. All prices displayed on the service are subject to change. Prices and charges include VAT or other applicable taxes.

Feedback: We welcome your comments about the service. However, we will not review or consider any unsolicited creative submissions or ideas sent to us. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Privacy: We know your personal information is important to you, and we are committed to protecting your personal information. Any personal information you provide to us will be dealt with in line with our Privacy Policy.

Third-Party Websites: The Pawsitive service may contain links to other websites, apps, and online platforms which are not under our control, for example, when you click a link from the Pawsitive service to a different website. We have no control over and will not accept responsibility or liability for the content or privacy policies of any such websites.

Intellectual Property: Pawsitive and our logos are our trademarks or registered trademarks. We own or are the licensee of all intellectual property rights on the service and the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Limitation of Liability: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence or our fraud. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to the service or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of or inability to use the service
• use of or reliance on any content displayed on the service.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue
• business interruption
• loss of anticipated savings
• loss of business opportunity, goodwill, or reputation

Events Outside Our Control: We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control. Our performance under any contract is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the event to a close or to find a solution by which our obligations under the contract may be performed despite the event.

Entire Agreement: The terms constitute the sole and entire agreement between you and Pawsitive regarding the service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the service.

Miscellaneous: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us: If you have any questions about these Terms, please contact us at contact@pawsitivedogfood.com.

Please note that these terms may be updated or revised, and it's important to check the Pawsitive website or contact Pawsitive directly for the most current version of the Terms of Service.