Terms & Conditions
Effective as of 1 August 2020
Hello, and welcome to the Doggies in Town Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
Outline your legal rights on Doggies in Town
Explain the rights you give to us when you use Doggies in Town
Describe the rules everyone needs to follow when using Doggies in Town
Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration
Here we go…
Thanks for choosing Doggies in Town (“Doggies in Town,” “we,” “us,” “our”). Doggies in Town provides personalised services with social and interactive features to find dog-friendly places, dog businesses/services and activities as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Doggies in Town services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Doggies in Town Service” or “Service”), or accessing any videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with the Doggies in Town entity indicated in Section 24 (Contact us).
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Doggies in Town’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Doggies in Town Service or access any Content.
In order to use the Doggies in Town Service and access any Content, you need to (1) meet the age requirements below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to Doggies in Town is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:
If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.
Must be 18 or older, or be 13 or older and have parent or guardian consent.
Doggies in Town does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Doggies in Town. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
Here’s some information about all the ways you can enjoy Doggies in Town.
In order to access certain features of the Doggies in Town Service, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
3.1 Service Options
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Doggies in Town account. Certain options are provided to you free-of-charge. The Doggies in Town Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Doggies in Town Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms. We will explain which services are available to you when you are signing up for the services.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Doggies in Town for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Doggies in Town may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH DOGGIES IN TOWN, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.
You may purchase a Paid Subscription directly from Doggies in Town or through a third party either by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
Doggies in Town may change the price for the Paid Subscriptions, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Doggies in Town Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:
If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Doggies in Town to automatically charge you the agreed price each month until you cancel the Paid Subscription.
If you purchase a Paid Subscription with no Trial, you authorize Doggies in Town to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Doggies in Town Service during that period.
4.2 Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Doggies in Town or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period in your subscription settings in your account if you purchased the Paid Subscription through Doggies in Town, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription through Doggies in Town and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Doggies in Town before the Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.
The Doggies in Town Service and the Content are the property of Doggies in Town or Doggies in Town’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Doggies in Town Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Doggies in Town You promise and agree that you are using the Doggies in Town Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Doggies in Town Service or the Content.
The Doggies in Town software applications and the Content are not sold or transferred to you, and Doggies in Town and its licensors retain ownership of all copies of the Doggies in Town software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
All Doggies in Town trademarks, service marks, trade names, logos, domain names, and any other features of the Doggies in Town brand (“Doggies in Town Brand Features”) are the sole property of Doggies in Town or its licensors. The Agreements do not grant you any rights to use any Doggies in Town Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Doggies in Town Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Doggies in Town grants no right, title, or interest to you in the Doggies in Town Service or Content.
The Doggies in Town Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Doggies in Town Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Doggies in Town does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Doggies in Town warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Doggies in Town users may post, upload, or otherwise contribute content to the Service (which may include, for example, reviews, questions, emails, comments, pictures, videos, suggestions, ideas, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted on profiles as well as any other part of the Doggies in Town Service.
You promise that, with respect to any User Content you post on Doggies in Town, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Doggies in Town as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Doggies in Townor entity or individual without express written consent from Doggies in Town or such individual or entity.
Doggies in Town may, but has no obligation to, monitor, review, or edit User Content. In all cases, Doggies in Town reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Doggies in Town’s sole discretion, violates the Agreements. Doggies in Town may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Doggies in Town is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST DOGGIES IN TOWN RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD DOGGIES IN TOWN HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Doggies in Town Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Doggies in Town Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Doggies in Town’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Doggies in Town may contain advertising as part of the Content. The Doggies in Town Service makes such Content available to you unmodified.
If you provide feedback, ideas, or suggestions to Doggies in Town in connection with the Doggies in Town Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Doggies in Town to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Doggies in Town a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Doggies in Town respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Doggies in Town stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, transferring, displaying to the public or making available to the public any part of the Doggies in Town Service or the Content, or otherwise making any use of the Doggies in Town Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Doggies in Town Service or the Content or any part of it;
- circumventing any technology used by Doggies in Town, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing, or leasing of any part of the Doggies in Town Service or the Content;
- circumventing any territorial restrictions applied by Doggies in Town or its licensors;
- manipulating the Service by using any bot, script, or other automated process;
- circumventing or blocking advertisements in the Doggies in Town Service, or creating or distributing tools designed to block advertisements in the Doggies in Town Service
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Doggies in Town Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Doggies in Town or the Doggies in Town Service;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Services for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Doggies in Town in connection with the Services;
- circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- download any Content unless it’s expressly made available for download by Doggies in Town.
Please respect Doggies in Town, the owners of the Content, and other users of the Doggies in Town Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Doggies in Town or a third party;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Doggies in Town;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Doggies in Town;
- interferes with or in any way disrupts the Doggies in Town Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Doggies in Town’s computer systems, network, usage rules, or any of Doggies in Town’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Doggies in Town.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Doggies in Town reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Doggies in Town account.
Please be thoughtful about how you use the Doggies in Town Service and what you share. The Doggies in Town Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Doggies in Town or across the web, so please use Doggies in Town carefully and be mindful of your account settings. Doggies in Town has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Doggies in Town respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Doggies in Town’s copyright policy. If Doggies in Town is notified by a copyright holder, using the forms provided by Doggies in Town, that any Content infringes a copyright, Doggies in Town may in its sole discretion remove such Content from the Service, or take other steps that Doggies in Town deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Doggies in Town with a request to restore the removed content, which Doggies in Town may or may not honor, in Doggies in Town’s sole discretion.
If you believe that any Content does not comply with the User guidelines, please send an email to email@example.com.
Doggies in Town will make reasonable efforts to keep the Doggies in Town Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Doggies in Town reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Doggies in Town Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Doggies in Town Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
Notwithstanding the foregoing, if you have prepaid fees to Doggies in Town for Paid Subscriptions that Doggies in Town permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Doggies in Town will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Doggies in Town will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Doggies in Town and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
If you establish a Doggies in Town account on behalf of a company, organization, entity, or brand (a “Company,” and such account a “Company Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Company. If you create a Company Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Company to the Agreements.
The Doggies in Town Service is not a travel agency and does not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. Although the Doggies in Town Service displays information about properties owned by third-party suppliers and facilitate reservations with certain suppliers on or through the Doggies in Town Service application (and website), such actions do not in any way imply, suggest, or constitute the Doggies in Town Service sponsorship or approval of third-party suppliers, or any affiliation between the Doggies in Town Service and third-party suppliers. Although Users may rate and review particular transportation services, accommodations, restaurants, tours, activities or experiences based on their own experiences, the Doggies in Town Service does not endorse or recommend the products or services of any third-party suppliers, save that the Doggies in Town Service does issue certain businesses awards that are based on the reviews posted by Users. The Doggies in Town Service does not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation, or advice expressed therein, and the Doggies in Town Service expressly disclaims any and all liability in connection with such Content. You agree that the Doggies in Town Service is not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.
The Service may link you to supplier sites or other sites operated by third parties that the Doggies in Town Service does not operate or control. Such hyperlinks are provided for your reference only. The Doggies in Town Service do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Doggies in Town Service inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
Booking Vacation Rentals, Restaurant Reservations and Experiences/Activities with Third-Party Suppliers Listed on Corporate Affiliate Sites. Some of Doggies in Town’s corporate affiliates act as marketplaces to facilitate travelers’ ability to (1) enter into vacation rental agreements with property owners and managers (“Vacation Rentals”), (2) make reservations for restaurants (“Restaurants”) and/or (3) make reservations for tours, activities and attractions (variously, “Experiences/Activities”) with third-party suppliers of such Experiences/Activities (each such supplier of a vacation rental and/or Experience/Activity to be referred to as an “Advertiser”). Those corporate affiliates of Doggies in Town syndicate their advertisements to other entities within Doggies in Town and that is why you see them on the Doggies in Town application and websites. As a user, you must be responsible for your use of the Services (including, in particular, Doggies in Town application and websites), and any transaction involving Vacation Rentals, Restaurants or Experiences/Activities facilitated by Doggies in Town’s corporate affiliates. We do not own, manage, or contract for any Vacation Rental, Restaurant or Experience/Activity listed on the Services.
Because neither Doggies in Town nor its corporate affiliates are parties to Vacation Rental transactions, Restaurant reservations or Experience/Activity-related transactions between travelers and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition(s), safety or legality of a listed Vacation Rental, Restaurant or Experience/Activity, the accuracy of the listing Content, the Advertiser’s ability to rent a Vacation Rental property, provide you with a reservation, meal or other service at a Restaurant or provide an Experience/Activity, or your ability to pay for a Vacation Rental property, a Restaurant meal or service or an Experience/Activity, is solely the responsibility of each user.
One of Doggies in Town’s corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting your payment to the Advertiser. You agree to pay an Advertiser, or a Doggies in Town corporate affiliate acting as limited payment collection agent on behalf of an Advertiser, any specified fee(s) charged by the Advertiser for any Vacation Rental reservation or Experience.
If you enter into a dispute with an Advertiser in the EU, alternative methods for resolving that dispute are available online here: http://ec.europa.eu/consumers/odr/.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please send an email to firstname.lastname@example.org. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.
The Agreements will continue to apply to you until terminated by either you or Doggies in Town. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Doggies in Town may terminate the Agreements or suspend your access to the Doggies in Town Service at any time, including in the event of your actual or suspected unauthorised use of the Doggies in Town Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Doggies in Town terminate the Agreements, or if Doggies in Town suspends your access to the Doggies in Town Service, you agree that Doggies in Town shall have no liability or responsibility to you, and Doggies in Town will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Doggies in Town account, please contact us by sending an email to email@example.com. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, and 23 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
YOU UNDERSTAND AND AGREE THAT THE DOGGIES IN TOWN SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. DOGGIES IN TOWN AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER DOGGIES IN TOWN NOR ANY OWNER OF CONTENT WARRANTS THAT THE DOGGIES IN TOWN SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, DOGGIES IN TOWN MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DOGGIES IN TOWN SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND DOGGIES IN TOWN IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
DOGGIES IN TOWN DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACCOMMODATION, EXPERIENCES/ACTIVITIES, AIR, CRUISE, RESTAURANT OR ANY OTHER SERVICES/PRODUCTS DISPLAYED ON THE DOGGIES IN TOWN SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, DOGGIES IN TOWN EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE THIRD PARTY SUPPLIERS PROVIDING ACCOMMODATIONS, FLIGHT, RENTALS, EXPERIENCES/ACTIVITIES, RESTAURANTS, OR CRUISE INFORMATION, TRAVEL OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF DOGGIES IN TOWN. DOGGIES IN TOWN IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. DOGGIES IN TOWN HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DOGGIES IN TOWN SHALL CREATE ANY WARRANTY ON BEHALF OF DOGGIES IN TOWN. WHILE USING THE DOGGIES IN TOWN SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING DOGGIES IN TOWN’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DOGGIES IN TOWN SERVICE IS TO UNINSTALL ANY DOGGIES IN TOWN SOFTWARE AND TO STOP USING THE DOGGIES IN TOWN SERVICE (APPLICATION AND WEBSITE). YOU AGREE THAT DOGGIES IN TOWN HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE DOGGIES IN TOWN SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO DOGGIES IN TOWN, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL DOGGIES IN TOWN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOGGIES IN TOWN SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DOGGIES IN TOWN HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DOGGIES IN TOWN SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO DOGGIES IN TOWN DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND DOGGIES IN TOWN’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits Doggies in Town’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Doggies in Town, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Doggies in Town only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and Doggies in Town, the Agreements constitute all the terms and conditions agreed upon between you and Doggies in Town and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Doggies in Town Service may be governed by additional agreements. That could include, for example, access to the Doggies in Town Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Doggies in Town’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Doggies in Town or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Doggies in Town’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Doggies in Town may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Doggies in Town may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Doggies in Town harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Doggies in Town Service; and (4) your violation of any law or the rights of a third party.
23.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Choice of Law
Exclusive; Courts of Spain
Further, you and Doggies in Town agree to the jurisdiction of the court in Spain (Choice of Law and Jurisdiction) to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them).
23.2 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Doggies in Town AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Doggies in Town agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 23.3. is enforceable, the following mandatory arbitration provisions apply to you:
23.3.1 Dispute resolution and arbitration
You and Doggies in Town agree that any dispute, claim, or controversy between you and Doggies in Town arising in connection with or relating in any way to these Agreements or to your relationship with Doggies in Town as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause 23.3.1 above, you and Doggies in Town both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
23.3.3 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Doggies in Town will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of [the relevant state or country listed in clause 23.1], without regard to choice or conflicts of law principles.
23.3.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
23.3.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Doggies in Town’s address for Notice is: [Doggies in Town, Attn: Calle Pacifico 11, 29004, Málaga, Spain]. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Doggies in Town may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Doggies in Town shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Doggies in Town shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Doggies in Town in settlement of the dispute prior to the arbitrator’s award. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Doggies in Town shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Doggies in Town makes any future change to this arbitration provision (other than a change to Doggies in Town’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Doggies in Town’s address for Notice, in which case your account with Doggies in Town shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 23.2 is found to be unenforceable in arbitration or if any part of this Section 23.3 is found to be invalid or unenforceable, then the entirety of this Section 23.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23.1 shall govern any action arising out of or related to the Agreements.
If you have any questions concerning the Doggies in Town Service or the Agreements, please contact Doggies in Town Customer Service by sending an email to firstname.lastname@example.org.
Thank you for reading our Terms. We hope you enjoy Doggies in Town!
Doggies in Town S.L.
Calle Pacifico 11,
29004, Málaga, Spain