Terms and Conditions

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Terms and Conditions (“Terms”)

Our Terms and Conditions were last updated on 20/01/2024.

Please read these terms and conditions carefully before using Our Service.

General

Welcome to PetSafe HQ! We are thrilled to have you join our community of dedicated pet lovers. By choosing PetSafe HQ, you’re not just selecting a service; you’re becoming part of a family committed to the safety and happiness of pets.

As you embark on this journey with us, we kindly ask you to carefully read and accept our Terms and Conditions. By agreeing to these terms, you affirm that you are fully capable and competent to enter into this agreement, understand its terms, and agree to comply with and abide by them.

At PetSafe HQ, we believe in resolving issues amicably and efficiently. If you encounter any concerns or disputes regarding our Service, we encourage you to first contact us directly to seek an informal resolution. By agreeing to these Terms, you waive your right to participate in a class-action lawsuit or class-wide arbitration against the company. We are committed to working with you to find a satisfactory solution to any issues that may arise.

By accepting these Terms, you consent to the handling and storage of your personal data as outlined in our Privacy Policy. Should there be any discrepancies between these Terms and the Privacy Policy, the stipulations of the Privacy Policy will take precedence.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions:

For the purpose of these Terms and Conditions:

“Affiliate” means an entity that controls or is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election or directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to PetSafe HQ Limited.
“Country” refers to New Zealand.
“Content” refers to contents such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available to You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance, or features of our Service.
“Service” refers to this Website.
“Terms and Conditions” (referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
“Website” refers to PetSafe HQ, accessible from www.petsafehq.com, and all subdomains.
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service and conditional of your acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and all others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using Our Service.

Acceptance of Related Policies

By accepting these Terms and Conditions, You also acknowledge and agree to adhere to all additional policies associated with Our Services. This includes, but is not limited to, Our Quiz and Poll System, Points System, and Subscription Policy. These policies are integral to Our Services and govern specific aspects of Your interaction with Us.

Accessibility and Integration of Policies

Each of these policies can be accessed through the following links:

Returns Policy [Last Updated 20/01/2024]

Lifetime Warranty for Pet Tags [Last Updated 20/01/2024]

Points System Policy [Last Updated 20/01/2024]

Subscription Plan Policy [Last Updated 20/01/2024]

Pet Poll and Trivia Quiz Policy [Last Updated 20/01/2024]

We encourage You to review these policies to understand the terms governing their use. Your continued use of Our Services following the posting of any changes to these policies will constitute Your acceptance of such changes.

Updates and Amendments

Please be aware that We reserve the right to update or modify these policies at any time. Such amendments will be effective immediately upon posting on Our website or notifying You otherwise. We will endeavour to notify You of significant changes to Our policies; however, it is Your responsibility to review them periodically to stay informed of any changes.

Your Consent

By using Our Services, you consent to be bound by these Terms and Conditions and the aforementioned additional policies. If You do not agree to these terms, please refrain from using Our Services.

User Accounts

When You create an account with Us. You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding your password that You use to access the Service and for any activities or actions under Your account.

You agree not to disclose Your password to any third party. Your must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are restricted to creating only one account with Us. Your account is non-transferable, and as such, You agree not to sell, transfer, or exchange Your membership accounts or subscriptions under any circumstances.

Subscriptions and Payments

As a subscriber to one of Our subscription plans, You hereby authorise Us to charge Your credit card, debit card, or any other payment method You have selected. This authorisation permits us to process payments in accordance with the terms of the plan you have chosen.

If You are currently subscribed to one of Our subscription plans, You retain the right to cancel Your subscription at any time. Upon cancellation, You will continue to have access to Your plan benefits for the remaining duration of Your current subscription period. You also reserve the option to resume or upgrade your plan at any point as per your requirements.

We reserve the right to change Our subscription plans or adjust pricing for our Services at any time and in any manner. We will notify You of any pricing changes.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Consent You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any Contant that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectional Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third party.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third party.
False information and features.

The Company reserves the right to, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with this Terms, refuse, or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post objectionable Content. As the Company cannot control all content posted by user and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any Content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that many affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of the Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in any way that constitutes a copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of the Company via support@petsafehq.com and include in Your notice a detailed description of the alleged infringement.

You may be help accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Disclaimers

We have devoted nearly a year to the meticulous research, planning, and development of Our Service. We acknowledge that Our Service is provided to you in a state of ongoing development and enhancement. Our commitment to continuous improvement reflects our dedication to delivering a superior experience to Our users.

Despite our rigorous efforts to ensure the high quality and effectiveness of Our pet tags and Our Service, We do not assume liability in the event that the pet tag fails to fulfil its intended purpose or if Your expectations are not met. We endeavour to maintain the highest standards in our offerings, yet We acknowledge that certain outcomes may not align with every user’s individual expectations or circumstances.

Our Service is designed to augment the safety of pets by providing them with a form of identification when found by a community member. Our goal is to facilitate the care of Your pet and enable prompt communication with the rightful owner (You). However, We do not guarantee the safe return of lost pets. The effectiveness of Our Service is contingent upon various external factors, including but not limited to the actions of individuals who find lost pets.

Should you have concerns regarding the efficacy or reliability of Our products or Services, we encourage you to contact Us directly at support@petsafehq.com. Upon receipt of your feedback, we commit to taking appropriate steps to address and resolve any issues in a timely and effective manner, within the scope of our capabilities and policies.

While Our Services offer additional support in enhancing pet safety, they are not intended to replace the necessary steps in officially reporting missing pets. We strongly recommend that in the event of a lost pet, You should promptly lodge a report with your local community or council. Our Services are designed to complement, not substitute, these essential community resources and procedures.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may obtain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service during the twelve (12) month period preceding the date your claim first arose or $100 NZD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some areas do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these areas, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVALIABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of wany kind express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free from viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

Dispute Resolution

If you have any concern or dispute about the Service, You agree to first try to resolve the dispute informally through good faith by contacting the Company. It will be dealt with by senior business executives with authority to resolve the dispute.

Should any disputes arise that cannot be amicably resolved through good faith negotiations between the parties within a period of thirty (30) days from the initial notification of the commencement of dispute resolution procedures, such disputes shall be subsequently referred to binding arbitration. This arbitration process will be initiated upon a written request from any involved party and will be conducted under the governance of the New Zealand Dispute Resolution Centre (NZDRC) rules. The selection of the arbitrator for this process should be a joint decision agreed upon by all involved parties. In scenarios where an agreement on the arbitrator’s selection cannot be reached mutually, the NZDRC will intervene to appoint an arbitrator as per its established rules and procedures.

In the event that the dispute remains unresolved through good faith negotiations or arbitration as stipulated herein, the parties retain the right to pursue resolution through legal litigation. Both parties hereby agree and unequivocally submit to the exclusive jurisdiction of the courts located in Rotorua, New Zealand, for the resolution of any such disputes that arise beyond the scope of the aforementioned negotiation and arbitration procedures.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website:
By sending us an email: support@petsafehq.com