TERMS OF SERVICE

 

Last Updated: November 2015

 

Pawswap Services LTD. (hereinafter referred to as "PawSwap", "we", "us", or "our") owns and operates a Web Site (as defined herein) that connects dog owners with other dog owners. Each dog owner can offer, and/or request to receive, dog or pet related services, such as boarding, walking, feeding, and house sitting, through the Web Site.

By checking the box below via the PawSwap App, to comply with and be legally bound by the terms and conditions of this agreement ("Terms"). These Terms govern your access to, and use of, the Web Site, and all Content (as defined herein) used within the Web Site. Upon acceptance, such Terms constitute a legally binding agreement between you and PawSwap ("Agreement"). If you do not agree to these Terms, you will be prohibited from using the Web Site, and will not have access to any of the Web Site information or services.

You hereby acknowledge and agree that PawSwap is not a party to any agreement entered into between Members.  Members contract for Services which are provided directly from other Members; PawSwap does not act in the capacity of a broker, agent, advisor or insurer, except as expressly set forth below. PawSwap has no control over the conduct of Members, advertisers, dogs, dog owners, or any other users of the Web Site. PawSwap disclaims all liability in this regard.

The Neighbour Feature is a free feature developed by PawSwap solely for the use of dog owners to arrange meet and greets for their dogs with the purpose of becoming friends so they can swap services. Once a By agreeing to the Terms herein, Neighbour Feature users additionally agree to the Neighbour Feature's terms of service agreement following the conclusion of this Agreement.

 

PLEASE READ THE FOLLOWING CAREFULLY

 

 

Definition of Key Terms

 

Accept Swap” means accepting a Swap Request that is sent out by a Member who is a Friend. Members can see Neighbour Swap Requests, but cannot accept until confirming a Meet-n-Greet has occurred and Members are Friends. By accepting a swap, both the Member who sent the Swap Request and the Member who accepted the Swap Request are agreeing that the dogs have met and are compatible.

“Vetted Sitters” are registered businesses that are stamped and verified by PawSwap employees.

Business Day” means any day of the year, other than a Saturday, Sunday or any day on which banks are authorized or required to close in Vancouver, British Columbia.

 

"Content" means all information and data including all text, graphics, images, music, software, audio, video, documents, compilations, templates, sound recordings and any other content in any media and format provided by the Web Site or Members.

Friends” means a Member that makes a direct connection level with another Member. Only Members that are Friends swap Services.

Meet-n-Greet” means when two members set a time to introduce two dogs and meet each other before becoming friends through the Web Site. It is required before a Neighbour can become a Friend.

 “Member(s)” means a Person that has completed the PawSwap account registration process and wishes to provide or receive Services. It can also include advertisers, dogs, dog owners, or any other users of the Web Site.

Neighbour(s)” means a Member who is close in proximity to other Members and wishes to provide or receive Services.

 “Person” means an individual or entity.

Points” are a form of payment made by Members to other Members. They have no monetary value to them and cannot be cashed out for money. Dog owners use points to pay Friends for services rendered or and Affiliates for product. Points can also be used to redeem vouchers and discounts or other items through the Web Site.

"Service(s)" means a Member that offers, or requests to receive, dog or pet related services, such as boarding, and walking.

Swap Request” means a request to seek Services from other Members of the Web Site.

Swap(s)” means a Member that provides Services to a Friend in exchange for Services from the same Friend or a different Friend. Swapping is not limited to the same Friend.

 

Access and Compliance

 

The Web Site is intended solely for Persons who are 18 years of age or older.  Any access to, or use of, the Web Site by Persons under 18 years of age is expressly prohibited. If you are accessing and using the Web Site, you represent and warrant that you are at least 18 years of age and you have the legal binding authority to accept these Terms.

 

By accessing the Web Site, you agree to be bound by these Terms, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Web Site to be aware of any such modification. Continued access to or use of the Web Site shall be deemed conclusive evidence of your acceptance of any such modified agreement.

 

 

 

 

 

How the Web Site Works

 

 

Any dog owner can visit the Web Site through the World Wide Web. Any dog owner can fill out the Registration Form.

The Web Site can be used to facilitate the Swap of Services. Request for Services are sent by a Member to all Friends and Neighbours. All requests are public to Friends and Neighbours, but only Friends can Swap Services. If a Neighbour is available to Accept Swap, they must first have a Meet-n-Greet. Once a Meet-n-Greet occurs, the Members can become Friends and Accept Swap.

The PawSwap Web Site is a platform for Members to create a community to connect with their trusted Friends as well as a marketplace with related technology for Members to meet online and arrange for the booking of Services. PawSwap does not provide Services.  It's responsibilities are solely limited to: (i) facilitating the availability of the Web Site, and (ii) serving as a limited agent for the purpose of accepting payments in Points for Members for booking Services.

Please note that PawSwap cannot and does not control the contest contained in any swap requests or the provision, quality, condition, legality, or suitability of any member offering or provided services. PawSwap is not responsible for and disclaims any and all liability related to any and all services. Accordingly, use of the Web Site and services are at each member’s own risk.

 

Swap Requests

 

As a Member, you will receive Swap Requests via email from a PawSwap employee. You can choose to Accept Swap or not respond. If you do not respond, it will assumed you are not available to Accept Swap. If you Accept Swap, it will be assumed you have already set up a Meet-n-Greet with the Member and are available to partake in the Swap.

Points are set by the Web Site. 100% of the Points are taken from the account and held until the Services have been performed.

PawSwap reserves the right, at any time and without prior notice, to remove or disable access to any offered Services for any reason, including Swap Requests that PawSwap, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Web Site. Should you cancel, violate or not perform your duties as reasonably expected by the Member, you may be given a strike to your profile. After a maximum of three (3) strikes are received by any Person or service provider, you will be removed from the Web Site. Any disputes to the strike policy can be petitioned at contact@pawswapapp.com.

Member Obligations

You acknowledge and agree that, as a Member, you are responsible for any and all requests and accepted swaps you post and accept. Accordingly, you represent and warrant that any Service request or Neighbour Services you post, and the provision of any Friend/Neighbour Services in a Listing you post, you will:

(i)             not breach any agreements you have entered into with any third parties,

(ii)            be in compliance with all applicable laws, including, but not limited to, laws governing the treatment of animals and any federal, provincial or local permits or licensing requirements, and

(iii)           not conflict with the rights of third parties.

Each member is solely responsible for obtaining all permits, licenses and other permission required to offer or provide services or accepted swap requests. PawSwap assumes no responsibility for a member, friend, or neighbour failure to obtain such permits, licenses or permission or otherwise comply with any applicable laws, rules, or regulations.

 

No Endorsement

 

PawSwap does not endorse any Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others whom you contact via the Web Site. We will not be responsible for any damage or harm resulting from your interactions with other Members or their services with Members. By using the Web Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm (or whose dog caused you harm) and you agree not to attempt to impose liability on, or seek any legal remedy from PawSwap with respect to any such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Web Site regarding any Services made by you.

Insurance

You understand and agree that PawSwap does not act as an insurer or as a contracting agent for you as a Member offering its Services. As a Member requesting Services or as a Member offering Services, any agreement you enter into is between you and the Member; PawSwap is not a party thereto. Notwithstanding the foregoing, PawSwap serves as the limited authorized agent of its Members solely for the purpose of accepting payments from Members on behalf of the Members and is responsible for transmitting such payments to them. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions.

PawSwap recommends that Members of PawSwap obtain appropriate insurance when offering Services.

 

 

Information on the Website

 

Although PawSwap attempts to maintain the integrity and accuracy of the information on the Web Site, we make no guarantees as to its correctness, completeness, or accuracy. The Web Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations may be made to the Web Site by third parties without our knowledge or consent. If you believe that information found on the Web Site is inaccurate or unauthorized, please inform us by contacting us via the “Contact Us” link.

 

Your Information and Photos

 

Your Information” is defined as any information and materials, including without limitation photographs, you provide to PawSwap or other users in connection with your registration for and use of the services. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. Solely to enable PawSwap to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or hereafter to be developed. PawSwap shall have complete discretion in how it chooses to display or use Your Information in connection with the Web Site, subject to restrictions set forth in our Privacy Policy available at www.pawswapapp.com/privacy

 

As part of the Web Site, PawSwap occasionally shares photo updates of profiles, pet care requests, guest dogs and resident dogs with Web Site users and the public. You agree that PawSwap may, at its sole discretion, publish these photos on the Web Site and across social media including without limitation e-mails, Facebook, Twitter, Pinterest, Instagram and similar sites.

You hereby represent and warrant to PawSwap that Your Information will not:

a)    be false, inaccurate, incomplete or misleading;

b)    be fraudulent or involve the sale of counterfeit or stolen items;

c)    infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;

d)    violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

e)    be defamatory, libelous, unlawfully threatening, or unlawfully harassing;

f)      be obscene or contain child pornography or be harmful to minors;

g)    contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

h)    create liability for PawSwap or cause PawSwap to lose (in whole or in part) the services of its Internet Service Provider (ISPs) or other partners or suppliers.

 

 

 

Financial Terms

 

PawSwap, through its proprietary community of Members willing to provide Services, arranges for the provision of the Services to Members, including, but not limited to temporary dog boarding, dog daycare and related services in the comfort of the Friends and Neighbours private residences. As a Member requesting Service you may create listings or Swap Requests, and will be asked detailed information about the time, place and pets (if relevant). You agree that you will accept payment in the form of Points and that PawSwap determines the Points required for Services. As a host, you contractually agree that the first and all future bookings with a Member from PawSwap will be booked via the Web Site. Failure to abide by this policy or to post Swap Requests and repeatedly cancel them may result in suspension from the Web Site.

 

 

Payment Terms

 

PawSwap will hold onto 100% of Points for each Member at the time the Swap Request is accepted by a Friend. PawSwap will hold this until Service is rendered, at which time full payment in Points will be provided to the Friend. If cancelled within the 24 hour mark, the Member will receive 50% back, and the Friend will receive the other remaining 50%.

To purchase new Points, Members may do so directly via the Swap form.  PawSwap sets the rates for Services, and is subject to change based on demanding periods.

™ PAYD and PAYD design are trade-marks of Moneris Solutions Corporation. Android is a trade-mark of Google Inc. All other unregistered trade-marks are the property of their respective owners.

 

 

Termination and Account Cancellation

 

PawSwap may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Web Site, and (b) deactivate or cancel your PawSwap Account or registration or similar uses of the Web Site. PawSwap’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. PawSwap may provide notice of termination by regular mail or e-mail. You may cancel your PawSwap Account at any time by sending an email to contact@pawswapapp.com. However, you are personally liable for any orders, swaps or pending transactions that you place, or for charges that you incur prior to your termination/cancellation. Please note that if your PawSwap Account is cancelled, we do not have an obligation to delete or return to you, and may continue to use, any Content you have posted to the Web Site.

 

Limitation of Liability and Release

 

By agreeing to serve as a Member and provide or receive Services, you expressly assume the risk of any damages, including property damages or personal injury, which you or present third party may suffer. It is the sole responsibility of Members to make decisions that are in their own, and pets, best interests. To mitigate associated risks, it is required, that you schedule a Meet-n-Greet with all Members you will be receiving or providing Services for.

Should you agree to receive or provide Services (with or without children under the age of 18 years of age present at the time Services are being performed) you represent and warrant that you, and if applicable, your children/child/ward:

a)    voluntarily agree to Services at your residence/location or another Member's residence/location,

b)    assume all risk of personal injury, death or disability that might result or arise from Services, or any damage, loss or harm to your residence or personal property which may occur,

c)    understand the inherent risks that come with Services, such as boarding or handling a dog or other pet that is not accustomed to you, your children/child/ward, or your residence/location,

d)    on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold PawSwap, its affiliates, officers, directors, agents, and employees (collectively, the “Releases”) harmless from any and all claims or causes of action arising out of any Service related to the Web Site including the boarding and handling of a dog or other pet,

e)    release and discharge Releases from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while performing or receiving Services,

f)      are a British Columbia resident,

g)    acknowledge that this general release extends to claims which a Member does not know of, or suspect to exist in his or her favour, at the time of executing this release, which, if known by the Member would have materially affected his or her decision to provide this release,

h)    acknowledge that this release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releases or from any other cause,

i)      acknowledge that this release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the Services, and

j)      acknowledge that by agreeing to these Terms and otherwise using the Web Site, you voluntarily give up your right to sue the Releases.

Whether you are a member, you agree not to hold the releases liable for any liabilities, including damage, suits, claims, and/or controversies, that have arisen or may arise whether known or known, relating to your use of or inability to use the services or site, including without limitation any liability arising in connection with:

Whether you are a member or a host, you agree not to hold the releases liable for any liabilities, including damage, suits, claims, and/or controversies, that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the services or Web Site, including without limitation any liabilities arising in connection with:

a)    any instruction, advice, act or service provided by the releases,

b)    any destruction of your information,

c)    any dispute with any other member of the Web Site,

d)    members’ failure to provide services or provision of incomplete or poor services,

e)    any injuries or harm suffered by you or any third party (including without limitation your family members, friends, neighbours or other unrelated parties),

f)      any injuries or harm suffered by any dogs or other pets,

g)    any damage or harm to real or personal property, or

h)    any other conduct, act or omission of any other party, including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, or destruction of property.

Under no circumstances shall the releases be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this Web Site, or by providing or receiving services, including your reliance on any information obtained from this Web Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. the foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of PawSwap has been advised of or should have knowledge of the possibility of such damages. By your use of this Web Site, you acknowledge that this paragraph shall apply to all content, goods and services available through this Web Site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you.  If, notwithstanding the foregoing exclusions, it is determined that the releases are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one hundred dollars ($100.00), excluding any obligations to pay amounts to members or refunds to members pursuant to these terms.

You agree that the limitations specified in this section will survive your access to and use of the Web Site and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that PawSwap has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and PawSwap and form a basis of the bargain between the parties.

 

Links to Third Party Websites

 

The Web Site may contain links or have references to websites controlled by parties other than PawSwap. PawSwap is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. PawSwap is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by PawSwap of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by PawSwap. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

PawSwap is not responsible for links posted from our Affiliate Programs[TW1] , Members are asked to take precautions when entering into an agreement with our Affiliate Programs [TW2] and do his or her own research before purchasing items using Points with Affiliates[TW3] .

 

DISCLAIMER OF WARRANTIES[TW4] [AB5]

 

THE WEB SITE AND CONTENT PROVIDED ON THE WEB SITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. PAWSWAP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS[TW6] [AB7] , HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEB SITE, THE DOG OWNER, THE SERVICES, FRIENDS, NEIGHBOURS, THE CONTENT, AFFILIATES AND THE GOODS [TW8] [AB9] AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. PAWSWAP AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEB SITE OR CONTENT ASSOCIATED WITH THE WEB SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEB SITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAWSWAP AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT:

a.     THE OPERATION OR USE OF THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE;

b.     THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE, SECURE OR OTHERWISE OBTAINED THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS; OR

c.     ANY SOFTWARE OFFERED VIA THE WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT NEITHER PAWSWAP NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEB SITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PAWSWAP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PAWSWAP. PAWSWAP EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF MEMBER PROVIDED SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEB SITE. YOU USE AND ACCEPT THE SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID MEMBER SERVICES. LICENSING, PERMITS, AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE SERVICES WIDELY VARY BY CITY, COUNTY, MUNICIPALITY OR TOWNSHIP. PAWSWAP MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE MEMBERS USING THE SERVICES THROUGH THE WEB SITE HAVE COMPLIED WITH ANY APPLICABLE CITY, COUNTY, MUNICIPAL, TOWNSHIP OR OTHER LAWS, STATUTES, ORDINANCES OR REGULATIONS OF ANY KIND. NOTWITHSTANDING PAWSWAP’S APPOINTMENT AS THE LIMITED AGENT OF THE MEMBERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM MEMBERS ON BEHALF OF THE FRIENDS AND NEIGHBOURS, PAWSWAP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.

 

Indemnification

 

You shall defend, indemnify and hold harmless PawSwap and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties) against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ and accounting fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Web Site or Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the relevant Indemnified Parties. The Indemnified Parties shall have no indemnification obligation or other liability for any claim of infringement arising from:

a)    use of the Web Site, Content associated with the Web Site or Services other than in accordance with these Terms;

b)    the combination of the Web Site or Content associated with the Web Site, with any other products, services, or materials; or

c)    any third party products, services, or materials.

Please be advised that Consumer Protection BC may be reached toll free at 1.888.564.9963 or 604.320.1667, or by emailing info@consumerprotectionbc.ca.

 

Intellectual Property Rights

 

PawSwap and all materials provided on the Web Site and associated website, including but not limited to Content, Your Information, general information, documents, products, logos, graphics, sounds, images, compilations, and other materials are proprietary and protected by international copyright and trademark laws. The owner of copyrights and trademarks, names, logos and service marks are those of PawSwap, and certain intellectual property is owned by and proprietary to its affiliates or respective third party authors, developers or vendors (“Third Party Provider). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of PawSwap and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Content displayed on or otherwise accessible from the Web Site on any other server without the prior express written permission of PawSwap.

 

Copyright Complaints and Copyright Agent

 

Pursuant to the Copyright Act of Canada, Owners of copyrights or their agents that believe anything posted on this Web Site or web site infringes upon said copyrights will submit a notice including the following information to PawSwap immediately upon discovery:

  1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Web Site or website where the material you claim is infringed is located. Include enough information to allow PawSwap to locate the material, and explain why you think an infringement has taken place.
  2. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name and full description of the material in which it has been produced, published, or released.
  3. Your address, telephone number, and e-mail address.
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. An electronic or physical signature of the owner of the copyright or the Person authorized to act on behalf of the owner of the copyright interest.

 

Employment and Withholding

 

PawSwap does not serve as an employer of any Member. As such, PawSwap will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Services. You understand and agree that if PawSwap is found to be liable for any tax or withholding tax in connection with your use of the Services, then you will immediately reimburse and pay to PawSwap an equivalent amount, including any interest or penalties thereon.

 

 

No Agency

 

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, PawSwap is not acting as an agent for any Member or any other user or visitor of the Services or the Web Site.

 

Taxes

 

You are responsible for complying with all applicable tax laws and regulations related to your use of the Web Site and Services. Without limiting the foregoing, each Member is responsible for determining any applicable local indirect taxes. PawSwap is not responsible for any taxes related to your use of the Web Site or the Services.

 

Controlling Law and Jurisdiction

 

This Agreement will be governed by and construed exclusively in accordance with the laws of British Columbia, and the Courts of the province of British Columbia will have exclusive jurisdiction over this Agreement and any claim or dispute arising under it.

 

Waiver

 

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar); nor shall such waiver be binding unless executed in writing by PawSwap.

No failure on the part of PawSwap to exercise, and no delay in exercising any right under this Agreement shall operate as a waiver of such right; nor shall any single or partial exercise of any such right preclude any other or further exercise of such right or the exercise of any other right.

 

Successors and Assigns

 

Neither this Agreement nor any of the rights or obligations under this Agreement shall be assignable or transferable by any party without the prior written consent of PawSwap.  This Agreement shall be binding upon and enure to the benefit of PawSwap and it's respective successors and permitted assigns.

 

Entire Agreement

 

The Terms (together with the Privacy Policy) represent your and PawSwap’s entire understanding relating to the use of the Web Site and  Services provided related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications.

 

 

Amendments

 

PawSwap reserves the right to change these Terms or policies relating to the Web Site at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Web Site, which may be posted from time to time. Your continued use of the Web Site after any such changes and/or postings shall constitute your consent to such changes.

 

Notices

 

Any notice, direction or other communication to be given under this Agreement shall be in writing and provided by delivering it or sending it by email or other similar form of electronic communication to PawSwap at:

Email:                  contact@pawswapapp.com

Phone:                 6046710800

Address:             #304-68 Water Street

Any such communication shall be deemed to have been validly and effectively given (i) if personally delivered, on the date of such delivery if such date is a Business Day and such delivery was made prior to 4:00 p.m. (Vancouver time) and otherwise on the next Business Day, or (ii) if transmitted by email or similar means of electronic communication on the Business Day following the date of transmission.  PawSwap may change its address for service from time to time by notice given in accordance with the foregoing and any subsequent notice shall be sent to PawSwap's changed address.

 

Miscellaneous

PawSwap reserves the right to use Third Party Providers in the provision of the Web Site and/or the Content associated therewith. Any and all rights not expressly granted herein are reserved by PawSwap.