Poochy

collecting your dog’s poo,
so you don’t have to!
Hands free!

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Version 1

Last update date: July 15, 2018

Terms and Conditions

DEFINITIONS

“Poochy”, “Company”, “we”, “us”, – Wonder Solutions, inc., and/or Piqapoo Ltd., any of their shareholders, affiliates, subsidiaries, divisions and designees.

“Buyer”, “you”, “your” – the buyer buying products from Poochy.

Terms and Conditions – the terms and conditions which are this very legal document.

“Site”, “Website” – the site hosted using the following url: https://www.poochy.com and/or https://www.poochy.com

“Product” or “Products” – any of the product(s) sold by Poochy.

 

GENERAL

These Terms and Conditions apply to any and all purchases of Poochy’s products in this Site.

By using this Site, you agree to be bound by our Terms and Conditions. All orders made by you, are only accepted on the condition that you fully aware, accept and comply with the Terms and Conditions.

Poochy reserves the right to make changes to this Site and its Terms and Conditions at any time. Each time you use this Site, you should visit and review the then current Terms and Conditions that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Terms and Conditions, your sole remedy is not to use this Site. Poochy is not responsible for typographical or photographic errors on this Site.

 

PRICES

Prices on the Site are subject to change without notice and exclude shipping, taxes, duties, storage, handling and any other charge (“Additional charges”). You are solely responsible for all Additional Charges.

 

ORDERS

All of your orders are subject to final acceptance by Poochy. Poochy reserves the right to accept or to reject any order from you, in whole or in part. Poochy reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery and Poochy shall have no liability to you for any costs, losses or damages of any kind whatsoever arising as a result of such suspension or cancellation.

 

RESALE

You may only place orders via the Site for private and/or domestic purposes only. Products may not be purchased by anyone for resale to another third party, unless done so in proper channels, unrelated to this Site (to become a reseller, contact us at sales@poochy.com for more information). To the extent that any of Poochy products is resold without Poochy’s prior written consent, Poochy shall have no responsibility or liability to the third party end user whatsoever. You agree that you have no authority to assume or create any obligation whatsoever, expressed or implied, in the name of Poochy, nor to bind Poochy in any manner whatsoever. You shall have no authority hereunder to enter into any contract of sale or for the return of merchandise or other contract on behalf of Poochy.

 

TAXES

You shall pay all taxes, levies or duties, of any nature, applicable to the goods sold.

You shall pay Poochy the full purchase price, without deduction of any applicable taxes, import duties, sales use or privilege taxes or excise or withholding taxes, or other similar taxes or duties levied by any government upon you or Poochy as a result of the manufacture, sale, delivery or use of any goods sold or licensed hereunder.

 

FORCE MAJEURE

In the event Poochy is unable to ship the ordered Products because of fire, flood, windstorm, or other act of God, labour or civil disturbance, shortage of raw materials, failure of timely delivery by Poochy’s suppliers, energy or transportation shortages, or any other cause whether or not similar to the causes listed above, beyond Poochy’s reasonable control, Poochy reserves the right to cancel the affected order without any liability to Poochy whatsoever. In no event shall Poochy be obligated to purchase material from others to enable Poochy to deliver Products to the Buyer hereunder.

 

RETURNS

No products are to be returned without written authorization from Poochy. You are responsible for all costs of shipment for returns. Returned products must arrive at Poochy’s facility in the same condition they were in when originally shipped by Poochy. Absolutely no returns will be authorized on a Product which has been retained by you for more than 30 days from the date of the purchase order. Absolutely no returns will be authorized or accepted in respect of a Product for which the seal affixed to the Product has been broken.

COLORS

While Poochy strives to display as accurately as possible the colors of the Products shown on the Site, it cannot guarantee that the colors shown on the Site exactly reproduce the colors of its Products. This may depend on the color reproduction on your computer or mobile device.

PRODUCT(S) USAGE

Always use the Products sold in this Site with care and common sense.

Although not an exhaustive list, follow the following rules strictly:

  • Inspect the Products every time before you use them. Faulty Products should not be used.
  • Never use Poochy products on a human being.
  • Always make sure that you use the correct Product size with your pet.
  • Never at any time place a Poochy clip that is too tight or too loose around the dog’s tail.
  • Always make sure that your dog is under supervision when using the Products.
  • The Products are not for chewing or eating. In the event the Poochy product is swallowed/eaten, by either a person, child and/or pet, please seek medical attention.
  • Never attempt to place a faulty or broken Poochy on your pet.
  • Usage by children requires adult supervision.

You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Site and/or Poochy. Poochy does not represent or guarantee that such information is accurate, complete, or timely.

LIMITATION OF LIABILITY

The Company’s maximum liability in respect of the Product supplied pursuant to a purchase order, whether for breach of contract, tort (including negligence) or otherwise, shall not in any event exceed the total purchase price for any Products delivered and accepted hereunder. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, COSTS OF LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF USE.

THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES, COSTS OR EXPENSES ARISING AS A RESULT OF YOUR OR ANYONE ON YOUR BEHALF’S USE, MISUSE AND HANDLING OF PRODUCTS AND YOU HEREBY INDEMNIFY POOCHY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS FROM AND AGAINST ALL SUCH DAMAGES, LOSSES, COSTS AND EXPENSES.

YOU ASSUME ALL RISKS AND RESPONSIBILITIES ARISING FROM, CONNECTED WITH, OR RELATING TO USE OF THE PRODUCTS BY YOU OR ANYONE WHO USES THE PRODUCTS YOU BOUGHT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY HARM THAT MAY COME TO ANY CANINE AS A RESULT OF THE USE OF THE PRODUCTS.

 

INDEMNITY

You agree to indemnify and hold Poochy and its officers, agents, employees, shareholders and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.

 

PROPRIETARY RIGHTS & TRADEMARKS

All Site content and collective work comprising the Site, including information, articles, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other artwork and material (collectively ‘Content’) is protected by copyright, trademark, patent or other proprietary rights under United States and/or international laws and held by Poochy and/or the original creator of the material, including Poochy’s suppliers and/or affiliates and Site visitors contributing material to our site. These rights are valid and protected in all forms, media and technologies existing now or developed in the future.

The Poochy name, design marks, Poochy trademark and www.poochy.com domain and website, among numerous other trademarks used on this Site, are registered to and/or otherwise protected by Poochy under United States, Canada, Israel and/or international intellectual property laws. All intellectual property used on the Site may not be reproduced, copied or otherwise manipulated in any manner without express, written permission of the owner.

SITE DOWNLOADS RESTRICTED

You may not download, alter, copy, port or broadcast any Content displayed on this Site for any use, unless explicitly allowed in writing by Poochy officials.

Except as expressly authorized herein, or by an authorized representative of Poochy, or by license, Poochy strictly prohibits modifying, transmitting, distributing, reusing, reposting, ‘framing’ or using the Content of this Site and the Site servers, including the text, images, audio and/or video for any purpose, commercial or otherwise. Downloading images of products for sale within this Site is strictly prohibited. You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit the Content of this Site, in whole or in part.

APPLICABLE LAW

This Site and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be exclusively governed by and exclusively construed in accordance with the laws of the State of Israel, to the exclusion of conflict of law rules. The courts of Tel Aviv – Yaffo shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this letter or its subject matter or formation.

LINKS TO THIRD-PARTY WEBSITES

This Site contains links to other sites operated by third parties, including third-party sites that display Poochy trademarks (‘Third-Party Site(s)‘). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

Poochy does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such Third-Party Site. Poochy makes no representation or warranty as to any products or services offered on any Third-Party Site.

By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against Poochy for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site.

PRIVATE, SECURITY & PROHIBITED CONTENT

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account, and you accept responsibility for all activities that occur under your account and password. If you access this Site on a public computer or use a computer to which multiple people may have access, follow all relevant instructions to sufficiently disconnect and log off of this Site and the computer system you are using to prevent unauthorized access to your Poochy account.

Unlawful activities on this Site are strictly prohibited. This includes tampering with this Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities.

Site users are prohibited from violating or attempting to violate the security of this Site, including without limitation: (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) using this Site for unintended purposes or trying to change the behavior of this Site; (3) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (4) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to this Site, overloading, ‘flooding,’ ‘spamming,’ ‘mailbombing’ or ‘crashing’; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and (6) forging communications on behalf of this Site (impersonating this site) or to this Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Poochy, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routing data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents provided by Poochy or publicly available browsers.

Content that does the following types of things is illegal and/or prohibited on this Site:

  • Is patently offensive to the online community, such as, content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Is or could be harmful to minors, including material that exploits persons under the age of 18 in a sexual or violent manner, or solicits Personal Information from anyone under 18;
  • Provides instructional information about illegal activities, such as, making or buying illegal weapons; violating someone’s privacy; providing or creating computer viruses;
  • Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
  • Harasses or advocates harassment of another person;
  • Displays pornographic material of any kind;
  • Involves the transmission of ‘junk mail,’ ‘chain letters’ or unsolicited mass mailing or ‘spamming’;
  • Promotes information that you know is false, misleading or promotes illegal activities or conduct, or is abusive, threatening, obscene, defamatory or libelous;
  • Is or promotes an illegal or unauthorized copy of another person’s work, such as, providing pirated computer programs or links to them, provides information to circumvent manufacturer-installed copy-protect devices or provides pirated content or links to pirated content files;
  • Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); and
  • Engages in commercial activities and/or sales relating to Poochy without Poochy’s prior written consent, such as, contests, sweepstakes, barter, advertising and pyramid schemes.

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