TERMS OF USE
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE WEBSITE. This Privacy Policy applies when you use the Website. We offer our users choices about the data we collect, use and share as described in this Privacy Policy.
1. ACCEPTANCE OF TERMS. DEFINITIONS
1.1 Website located at doggy-plan.com and content available via the website and our emails are distributed by FT SICH FZCO, having its registered address at IFZA Business Park, DDP, Building A2, 21379-001, Dubai, United Arab Emirates (hereinafter referred to as “we”, “us”, “our” or the “Company”). The website, service delivered, the content, tools, transactions available by using doggy-plan.com, are collectively referred to as the “Service”.
1.2. Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE
2. LICENSE AND LICENSE RESTRICTIONS
Subject to your full compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to access, use and display locally the Website and the Content (as defined below), and solely for purpose of using the Website for your own personal use.
Except to the extent expressly permitted under Section 2 (License and License Restrictions) above, you shall not: (a) copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Website or any Content; (b) disrupt servers or networks connected to the Website; (c) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or (d) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website. Compliance with the foregoing restrictions is a condition to the license granted to you under this Section 2 (License and License Restrictions).
3. INTELLECTUAL PROPERTY RIGHTS
Ownership
Your use of the Website is licensed and not sold to you under these Terms and you acknowledge that the Website and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Website (and its related software). We reserve all rights not expressly granted herein to the Website. As used herein, the term “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
We reserve the right to recourse to the legal remedies provided under the applicable law, in particular, but not limited to the remedies under the DMCA (the Digital Millennium Copyright Act)
Content
The content, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided or otherwise made available on or through the Website (collectively, the “Material(s)”), as well as the User Submissions (defined below) and the trademarks, service marks and logos contained therein (collectively, “Marks”, and together with the Materials and User Submissions, the “Content”), is the property of the Website and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All other Marks used on the Website are the trademarks, service marks, or logos, as applicable, of their respective owners.
Use of Content
All Content is provided to you “AS IS” for your personal use only, and you acknowledge that all Content accessed, used, or relief upon by you is at your own risk and that you will be solely responsible and liable for any damage or loss to you or any other party resulting from such access, use, or reliance. If you download or print a copy of the Content, you must retain any copyright and other proprietary notices contained therein. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
Third Party Open Source Software
Portions of the Website may include third party (including open source) software that are subject to third party terms and conditions (“Third-Party Terms”). The Website will comply with any rightful request you submit to us for exercising your rights under such Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the Third-Party Terms shall prevail in connection with the corresponding third-party software.
4. USER SUBMISSIONS
User Submissions
The Website may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, and/or feedback that you may provide the Website in connection with the Website and/or your experience while using the Website (collectively, “User Submissions”). Your User Submissions may be made publicly available through the Website. You understand and agree that, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of sharing them. We have complete discretion whether to publish your User Submissions and we reserve the right, without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason. Each User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such User Submission. You warrant that all User Submissions originated by you will be accurate, complete, up-to-date, in compliance with all applicable laws and regulations, and will not infringe the Intellectual Property Rights of any third party.
License to User Submissions
Subject to these Terms, by submitting User Submissions you hereby grant the Website a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable, assignable and transferable license to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit the User Submissions in connection with the Website, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each of our users and Third-Party Sources (defined below) a non-exclusive right to use, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such User Submissions in accordance with these Terms. You represent and warrant that you have all rights, permissions and authorizations needed to grant the license rights set forth in this Section 4 (User Submissions).
5. THIRD PARTY SOURCES AND CONTENT
The Website enables you to view, access, link to, and use third party Material, which are not owned or controlled by us (“Third-Party Content”), and such Third-Party Content is provided without the Website or any other professional person monitoring, examining, validating or altering in any way such information, and without any verification as to whether such Material is true, complete or accurate. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our third-party business partners and customers. For the avoidance of doubt, all such Third-Party Sources are and shall continue to be the owners of all such Third-Party Content.
We are not affiliated with and have no control over any Third-Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third-Party Sources. Please read the terms of use and privacy policy of any Third-Party Source that you interact with before you engage in any such activity.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third-Party Content or communicated to you from a Third-Party Source.
By accessing or using the Website, you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third-Party Source or to view and use Third Party Content. Your interaction with a Third-Party Source and your use of, and reliance upon, any Third-Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with Third Party Sources. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Website, and release the Website from any and all liability, arising from your use of and interaction with any Third-Party Content and/or Third-Party Source. If you have any query or complaint regarding a Third-Party Source or Third-Party Content, you agree to contact the Third-Party Source directly.
6. PRIVACY
We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy, which is available at Privacy Policy, and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Website may be stored on your computer or other device (even if we do not collect that information). You are solely responsible and liable for maintaining the security of your computer or other device from unauthorized access.
7. WARRANTIES DISCLAIMER
THE WEBSITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE WEBSITE. IN ADDITION, THE WEBSITE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION (i) REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY CONTENT; OR (ii) THAT YOUR USE OF THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED, SECURE OR ERROR-FREE.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
8. LIMITATION OF LIABILITY IN NO EVENT SHALL THE WEBSITE OR ITS AFFILIATES BE LIABLE FOR:
ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE AGGREGATE COMBINED LIABILITY OF THE WEBSITE AND ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE WEBSITE (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID THE WEBSITE ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, THE WEBSITE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (a) EVEN IF THE WEBSITE OR ITS AFFILIATES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (b) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; and (c) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
9. INDEMNITY
If any third party (including, without limitation, a governmental entity) brings any kind of demand, claim, suit, action or proceeding against the Website, our affiliates, and/or any of our respective directors, officers, employees, agents, representatives, customers, suppliers, or licensors (each, an “Indemnitee”), which is based upon or arises from:
- your use of the Website;
- any breach by you under these Terms; and/or
- any of your User Submissions
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. (each of the foregoing, a “Claim”) then, upon request by the Website (to be decided at our sole and absolute option), you agree to assume full control of the defense and settlement of the Claim; provided, however, that:
- the Website reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Claim; and
- you shall not settle any Claim, or admit to any liability thereunder, without the express prior written consent of the Website. In addition, and regardless of whether (or the extent to which) you participated in the defense and/or settlement of a Claim, you agree to indemnify and hold harmless the Indemnitee against:
- any costs and expenses (including reasonable attorneys’ fees) incurred by the Indemnitee in the defense of such Claim; and
- any amounts to be paid in settlement of the Claim, or awarded against the Indemnitee under such Claim (such as, but not limited to, damages, liabilities, and fines) 10. TERM AND TERMINATION The Website reserves the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Website (or any part thereof), for any reason whatsoever, at any time, and without notice to you, and you agree that the Website will have no liability or obligation to you for any such termination, modification, suspension, or discontinuance. If you object to any term or condition in these Terms or any subsequent changes thereto, or become dissatisfied with the Website in any way, your only recourse is to cease accessing and using the Website. Upon termination of these Terms, your license right under Section 2 (License and License Restrictions) will automatically terminate and you must immediately cease all access to and use of the Website.
11. SURVIVING PROVISIONS
Sections 3 (Intellectual Property Rights) through 15 (Miscellaneous), inclusive, as well as any provision of these Terms which by nature ought to survive, shall survive termination of these Terms and your use of or access to the Website.
12. ASSIGNMENT
The Website may assign these Terms (or any of its rights and obligations hereunder) without your consent and without notice to you. You may not assign these Terms (or any of your obligations or rights hereunder) without the Website’s express prior written consent. Any prohibited assignment shall be null and void.
13. MODIFICATION
The Website reserves the right to make changes to these Terms at any time by posting changes on the Website. Such changes will be effective ten (10) days thereafter, and your continued use of the Website thereafter means that you agree to be bound by the changes. Please check the Website regularly for any changes.
14. GOVERNING LAW
14.1. The laws of the United Arab Emirates, excluding its conflicts of law rules, shall govern these Terms and your use of the Services.
14.2. All disputes, disagreements or claims arising under these Terms or in connection with them, including regarding their acceptance, entry into force, interpretation, execution, violation, termination or invalidity, shall be subject to resolution in the Cyprus-Eurasian Center for Dispute Resolution and Arbitration (CEDRAC) in accordance with its CEDRAC Arbitration Rules. The place of arbitration in the case provided for in this provision is Nicosia, Cyprus.
MONEY-BACK GUARANTEE RULES
In addition to refund rights available under applicable laws, if you purchased our program directly on our websites and the money-back option was presented to you during the checkout, you are eligible to receive a refund if you did not get visible results with our program, provided that all of the following conditions are met:
you contact us within 30 days after your initial purchase and you have followed our program (i) at least during 7 consecutive days within the first 30 days after the purchase; and you are able to demonstrate that you have followed the program pursuant to the requirements stated below in Section “How to demonstrate that you have followed the program”. We will review your case and notify you (by email or otherwise) whether your application is approved.
HOW TO DEMONSTRATE THAT YOU HAVE FOLLOWED THE PROGRAM
You can demonstrate that you have followed the program by fulfilling the following simple condition:
you provide a video of a training according to our program where your dog doesn't obey your commands proving that you have finished at least 7 days from our plan.
IMPORTANT STATEMENT
Please note that only fulfillment of all the above requirements allows you to receive a full Voluntary Refund under “Money-back guarantee”. For the sake of clarity, this “Money-back guarantee” does not apply to the following cases:
Personal reasons (you don’t like the product, it did not meet your expectations etc.); Financial reasons (you did not expect that you will be charged, that the trial will be converted into subscription, that the subscription will automatically renew, or that the services are paid etc.).
GENERAL REFUND RULES
We value any feedback and do everything to make our customers happy with our products and services. However, if you are not completely satisfied with our services, you can get a refund according to the terms provided herein.
Generally, if you do not meet the conditions of our Money-back Guarantee set out above, the fees you have paid are non-refundable and/or non-exchangeable, unless otherwise is stated herein or as required by applicable law. In addition, certain refund requests may be considered by our company on a case-by-case basis and granted at our sole discretion.
A refund can usually be claimed only during the subscription period. If the subscription period has expired before you made a request for a refund, we will not be able to provide you with a refund.
Note for residents of certain US states. If you reside in California or Connecticut and cancel the purchase at any time prior to midnight of the third business day after the date of such purchase, we will return the payment you have made.
Note for the EU residents: If you are an EU resident, you have the right to withdraw from the agreement for purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.
This Refund Policy applies to all customers who have purchased our services. In addition to the Money Back Rules stated in our terms and conditions, customers may be eligible for a partial refund of the unused portion of the service, which is calculated based on the number of days since the customer contacted us to cancel the subscription until the last day of the subscription expiration. This partial refund is subject to our discretion and may vary depending on the specific circumstances of each case. By purchasing our services, customers agree to abide by this Refund Policy.
SUBSCRIPTION POLICY
Free or paid trial
We may offer a free or paid (for a small payment) trial subscription for the service. Unless you cancel before the end of the trial, you will be automatically charged a price indicated on the payment screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. If this is not the case, you will purchase our subscription without a trial. We may also from time to time offer discounted offers that renew at the full not discounted price and other offers that may be interesting for you.
Subscription
The subscription renews automatically at the end of each period (each week, month, 6 months, year, or otherwise, depending on the option selected by you at the time of purchase) until you cancel.
Payment method
Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.
Cancellation
Your subscription renews automatically at the end of each period until you cancel.
If you purchased a subscription or enabled trial on our website: To avoid being charged cancel your subscription before the end of the then-current period. To cancel your subscription – email us at support@doggy-plan.com from the email registered in our website, indicate the email’s subject as “Unsubscribe” and our support team will help you to unsubscribe. Your subscription is cancelled, after receiving an email confirmation from the support team.
Refunds
We provide refunds at our own discretion and subject to laws and our policies that may be published from time to time. Refund will be provided if we find the request acceptable.
Please note that after your subscription period expires, we will not be able to refund you as the service will be deemed consumed in full, unless otherwise provided for by applicable law.
Changes
To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
If you have any questions in relation to the subscription terms, please contact us via the chat functionality or directly at support@doggy-plan.com.
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