Terms of Service
Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, http://www.instapet.com (the “Site”) and the InstaPet or InstaVet online services and mobile applications (collectively with the Site, “InstaPet” or the “Service”). This Agreement governs your use of the Service and constitutes a legally-binding agreement between each user (“you,” “your,” “User”) and InstaPet Technology, Inc. (“we,” “us,” or “our”). If you do not agree to the terms of this Agreement, you may not access InstaPet or use our Service. If you have any questions about this Agreement please contact us at firstname.lastname@example.org.
This “For Humans” section is a user-friendly guide to help you understand our Terms of Service. It is in no way a replacement, and may not be thought of, as the full agreement. Know that when you accept this Agreement, you are accepting our full Terms of Service and not just the “For Humans” section.
- We are a service that allows users to connect to various third-party providers of pet services, such as taxi drivers, veterinarians, and others for the purpose of helping pets in need.
- We do not actually provide any of these pet services. Instead, we serve as an intermediary, helping connect you with the providers of the pet services.
- Because we do not provide any of these services, we are not a party to a contract for any pet services with you. If you have any issues, you’ll need to raise it with the pet services providers.
- You will be able to pay the pet service providers for the services you want through our website or on our app. We will charge you a fee for using InstaPet to obtain pet services.
- When using our Service, you agree that you will not participate in any activities that will harm us, other users or pet service providers, or will violate the law or any rights of third parties.
- We can terminate your account at any time for any reason.
- We incorporate various third-party services into our Service, including, for example, payment services and scheduling assistants. When you use these third-party services, you agree to be bound by their terms of service and privacy policies. We have no control over these third-party services.
- We are not responsible for any damages that you may suffer by using the Service. Any and all risks involved in using the Service fall on your shoulders, and, therefore, we are not liable in any way for any liabilities that you may incur or damages that you may suffer.
ACCEPTANCE OF THIS AGREEMENT
Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at www.instavet.com/terms and we will do our best to give you notice of any such changes. If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Service.
InstaPet is a technology platform that functions as an intermediary between our users and third-party service providers. We offer three main services: InstaPet Taxi, InstaVet / Pet 911, and InstaVet Housecall (the “Pet Services”). InstaPet Taxi enables users to arrange and schedule pet transportation services with third-party providers; InstaVet / Pet 911 enables users to summon emergency veterinary services; and, InstaVet Housecall enables users to arrange and schedule “at-home” veterinary services.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY SERVICE PROVIDERS (“PET HELPERS”), NOT INSTAPET, PROVIDE THE PET SERVICES MADE AVAILABLE THROUGH OUR SERVICE. We are not a party to any contract between You and a Pet Helper for Pet Services (a “Service Contract”) and we do not offer any of the Pet Services or function as a Pet Helper. Unless otherwise agreed upon in writing, we will not intervene with any Service Contract that you enter into with Pet Helpers and cannot be considered part of any Service Contract.
We are not responsible for the performance of Pet Helpers and do not have control over: (i) the quality, timing, safety, legality, failure to provide, or any other aspect whatsoever of the Pet Services or the Pet Helpers; or (ii) the integrity, actions, or omissions of any Pet Helper.
We also do not have control over: (i) the truthfulness or accuracy of any representations made by the Pet Helpers; (ii) the ability of Pet Helpers to provide the Pet Services; or (iii) the ability of users to pay for the Pet Services agreed upon in a Service Contract. As a result, we do not—and cannot—guarantee that the parties will comply with any or all terms of a Service Contract.
In order to use the Service, you must create a user account and provide us with your first and last name, email address, and password. By creating an account you affirm that you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You further agree to abide by and comply with this Agreement and not transfer your InstaPet account. In addition, you affirm that: (i) you have not been previously suspended or removed from the Service; (ii) the information you provide to us is accurate and complete; (iii) you will keep your password secure; and (iv) you will notify us of any suspected breach of security or unauthorized use of your account.
COMMUNICATIONS BETWEEN USERS AND PET HELPERS
InstaPet allows for the communication and sharing of information between users and Pet Helpers to facilitate the use of Pet Services. Like many online services, InstaPet contains interactive features and areas that allow users to post, transmit, or store text or other materials, such as requests for Pet Services, public discussions, member feedback, and third-party links (collectively, “User Content”). The User Content you submit, share, post, or display may be seen by other users on the Site.
When interacting with other users or Pet Helpers, please exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each user should undertake his or her own research to be satisfied that a Pet Helper is suitable to provide the Pet Services that you are requesting.
If you post User Content to InstaPet, post links on our Service, or otherwise make (or allow any third party to make) material available by means of the Site, you acknowledge that you are entirely responsible for the User Content and any consequences resulting from the posting of this content. We do not verify or approve any posted User Content, and material in the form of opinions are not our opinions. You should only provide User Content that you have the right to share and are comfortable sharing with others under this Agreement and agree not to upload, post, or otherwise transmit any User Content to or through the Service that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or InstaPet rule or policy. If you violate, or are suspected of violating these terms, we reserve the right to remove any and all of your User Content from the Service.
FEES, COMMISSIONS, AND BILLING
We are not a party to any Service Contract. However, we will charge [$ or %], to be [deducted from/added to] the advertised price of the Pet Services, on each Service Contract between a user and a Pet Helper. We reserve the right to change the foregoing fees and agree to notify users of any changes in fees prior to providing an invoice.
To enter into a Service Contract you will be required to register with [STRIPE] (the payment service provider retained by us), agree to its terms of service, and go through a vetting process to set up an account. You will then be required to provide your credit card or bank account details to us and [STRIPE].
Users will be responsible for paying the invoice for each Service Contract (the “Invoice”), which will include the pricing terms of the Service Contract (“Service Payment”), any extra payments related to the Service Contract and the fee we assess for the Service Contract, based on the total payment amount. Within twenty-four (24) hours after you become a party to a Service Contract, you authorize InstaVet to provide payment details to [STRIPE] for processing of the total payment amount and any fees owed to us.
We reserve the right, in our sole discretion (but not the obligation), to (i) place on hold any Service Payment and extra payments, or (ii) refund, provide credits, or arrange for [STRIPE] to do so. Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Service Contract provided under the Agreement (other than taxes on the Company’s income).
This payment structure is intended to fully compensate the Pet Helper for the Pet Services provided. We do not designate any portion of your payment as a tip or gratuity to the Pet Helpers. Any representation by us (on the Service, or otherwise) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that we provide any additional amount to the Pet Helpers. You understand and agree that, while you are free to provide additional payment as a gratuity to any Pet Helper who provides you with Pet Services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received Pet Services obtained through InstaPet, you will have the opportunity to rate your experience and leave additional feedback about your Pet Helper.
NO AGENCY RELATIONSHIP
Nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship among you and us (the “Parties”), and the rights and obligations of you and us shall be limited to those expressly set forth herein. You confirm that the Parties are independent parties, each acting in their own name and for their own purpose.
NO DOCTOR–PATIENT RELATIONSHIP
NO LICENSED VETERINARY PROFESSIONAL–PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICE OR THROUGH ANY OTHER COMMUNICATIONS FROM INSTAPET INCLUDING, BUT NOT LIMITED TO, THE “INSTAVET / PET 911” AND “INSTAVET HOUSECALL” OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE VETERINARY PROFESSIONAL.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR OTHER INFORMATION HEREIN REGARDING PET HELPERS. FURTHER, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO WHETHER A PET HELPER IS DULY LICENSED BY THE STATE, OR OTHER GOVERNING BODY, IN WHICH THE PET HELPER PROVIDES SERVICES, OR ATTEMPTS TO PROVIDE SERVICES, OR WHETHER A PET HELPER IS IN GOOD STANDING UNDER THE LAW TO PROVIDE THE PARTICULAR SERVICES IT PROVIDES OR ATTEMPTS TO PROVIDE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any Pet Helper at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Service whatsoever.
You are strongly advised to perform your own investigation prior to selecting a Pet Helper by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Pet Helper by calling the Pet Helper’s office, asking your current veterinary professional, or the association(s) relevant to the Pet Helper’s specialty.
WE DO NOT PROVIDE VETERINARY ADVICE
Any information that you obtain or receive from InstaPet, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Service is for informational, scheduling, and payment purposes only. All veterinary or pet-related information, to the extent available, comes from independent veterinary professionals and organizations.
THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM INSTAPET, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING VETERINARY ADVICE FROM A QUALIFIED VETERINARY PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON INSTAPET. YOUR USE OF ANY CONTENT ON THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SERVICE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, PROFESSIONAL VETERINARY ADVICE, OR THE PROVISION OF MEDICAL CARE FOR YOUR PET.
We do not recommend or endorse any specific tests, veterinary professionals, procedures, opinions, or other information that may appear through our Service. If you rely on any content provided through the Service, you do so solely at your own risk.
AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT PET HELPERS
In connection with using the Service to locate and schedule appointments with Pet Helpers, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PET HELPER.
We, from time to time, may enter into contracts with the Pet Helpers listed through the Service with whom you may book appointments, and Pet Helpers may pay us a fee in order to be marketed through the Service. We may provide you with lists and/or profile previews of Pet Helpers who may be suitable to provide the transportation or veterinary services you seek based on information that you provide to us. But we (i) do not recommend or endorse any particular Pet Helpers; (ii) do not make any representations or warranties with respect to these Pet Helpers or the quality of the services they may provide; and (iii) do not receive any additional fees from Pet Helpers for featuring them (e.g., higher or better placement on lists) through the Service.
We use reasonable efforts to ensure that Pet Helpers only participate in the Service if they hold all active licenses required by law to practice the specialties of the services offered by them. We may exclude Pet Helpers who, in our discretion, have engaged in inappropriate or unprofessional conduct.
The graphic elements, design elements, presentations, logos, layout, and source code of the Service are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
NON-EXCLUSIVE LICENSE TO USE THE SERVICE
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Service during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
- Sublicense, distribute, or use the Service outside the scope of the license granted in this Agreement;
- Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover any source code or trade secrets related to the Service;
- Rent, lease, sell, assign, or otherwise transfer rights in or to the Service;
- Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Service;
- Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Service, including screenshots and transcripts, in any way, unless we provide our express written consent;
- Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with InstaPet Technology, Inc. or the Service; and
- Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Service.
Any use of the Service other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use InstaPet granted in this Agreement.
InstaPet is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. As a condition of your use of the Service, you agree to comply with all U.S. and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:
Activities that Would Harm InstaPet
- Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on InstaPet’s infrastructure;
- Not to interfere or attempt to interfere with the proper working of InstaPet or any activities conducted using the Service;
- Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Service that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of InstaPet;
- Not to circumvent any security-related features of the Service, including those designed to limit copying or reproduction;
- Not to build, or authorize another party to build, a competitive product to the Service;
- Not to recruit or otherwise solicit any user of the Service to join third-party services or websites that are competitive to InstaPet, without our prior written approval;
- Not to bypass any measures we may use to prevent or restrict access to InstaPet (or other accounts, computer systems, or networks connected to the Service);
- Not to use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; and
- Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of InstaPet, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of InstaPet; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Activities that Would Harm Users
- Not to impersonate any person or entity, including any of our employees or representatives;
- Not to engage in any harassing, intimidating, or predatory behavior, or stalk any other user of InstaPet; and
- Not to contact a user for any purposes other than asking a question related to the Service or a Pet Helper.
Activities that Would Violate Law or Third-Party Rights
- Not to violate any applicable local, state, national, and international laws or regulations;
- Not to upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; and
- Not to use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
DMCA TAKEDOWN POLICY
If a user has uploaded any User Content to InstaPet that infringes an intellectual property right, feel free to send us a request to take down the content email@example.com. All such complaints or requests should include your name, your mailing address, your telephone number, your email address, and your physical or electronic signature.
If you send us a request to take down content that infringes upon your copyright, your request should include:
- A description of the content that you believe infringes upon your copyright;
- The name of the copyrighted work that you believe is being infringed;
- The website URL that contains or is associated with the infringing content;
- A short explanation of how the content infringes your rights;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Elijah Kliger. Copyright complaints and requests can be sent directly to this agent at firstname.lastname@example.org. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
Other Intellectual Property Infringement
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
- The intellectual property you own that is being infringed;
- A description of the content you believe infringes upon your intellectual property;
- The website URL that contains or is associated with the infringing content; and
- A short explanation of how the content infringes your rights.
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the email address of the fake account.
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile, and will send a notice to the other InstaPet user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at email@example.com. Any Counter Notice should include:
- Your name, address, telephone number, and email address;
- An identification of the material that we have taken down;
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the U.S. District Court for the federal district in which you reside, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content; and
- Your physical or electronic signature.
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
RIGHT TO TERMINATE YOUR ACCOUNT OR BLOCK ACCESS TO THE SERVICE
Our Right to Terminate Account
We may terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
User’s Right to Terminate Account
If you wish to terminate your account with InstaVet, please contact us at firstname.lastname@example.org. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
Our Right to Block Access to the Service
We further reserve the right to block access to the Service to anyone for any reason at any time.
THIRD-PARTY SERVICES AND CONTENT
We utilize links and other tools to connect users to third-party services and features in order to maintain the Service, such as Acuity Scheduling, Inc., (“Third-Party Services”). We have no control over the content or policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Service through InstaPet are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.
We also do not operate, control, or endorse any information, products, or services on the Service or accessible through the Service in any way. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other Third-Party Services.
DISCLAIMER AND RELEASE
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
THE NAME INSTAPET IS NOT A QUALITY PROMISE OR A GUARANTEE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE, FAST, INSTANT, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF USER CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. WE MAY AGGREGATE DATA FROM THIRD-PARTY SERVICES, IN WHICH CASE INSTAPET DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY CONTENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INSTAPET MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. INSTAPET DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “INSTAPET PARTIES”) DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SERVICE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SOFTWARE ON THE SERVICE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY PET HELPER. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, PET HELPERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY PET HELPER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US. BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF SERVICE CONTRACTS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PET HELPER, OR OTHER THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF INSTAPET, ITS SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICE OR PET HELPERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER INSTAPET TECHNOLOGY, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY SERVICE CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE PET SERVICES OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF THE SERVICE OR PET HELPERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE UNDER YOUR SERVICE CONTRACT IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
INSTAPET MAY BE USED BY YOU TO REQUEST PET SERVICES AND ENTER INTO SERVICE CONTRACTS WITH PET HELPERS, BUT YOU AGREE THAT INSTAPET TECHNOLOGY, INC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE CONTRACT OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL INSTAPET TECHNOLOGY, INC.’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the InstaPet Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule or regulation, or the rights of any third party; or (v) any Service Contract, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing InstaPet in an unauthorized manner. You acknowledge that under this Agreement by using the Service you are deemed to have received any and all notices that would have been delivered had you accessed InstaPet in an authorized manner.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
CHOICE OF LAW
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
ARBITRATION AND WAIVER OF CLASS ACTION
You agree to arbitrate any dispute with us arising from this Agreement or your use of the Service on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of InstaPet Technology, Inc. further agree that: (i) any arbitration will occur in New York, New York, and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND INSTAPET TECHNOLOGY, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
NOTE TO INTERNATIONAL USERS
InstaPet is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Service, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS AND COMMENTS
We welcome comments, questions, concerns, or suggestions. Please contact us at: email@example.com.
EFFECTIVE DATE: April 14th, 2015
Your privacy is important to us, and we do our best to protect your personal information and ensure that information is kept private and secure. We try to collect only the information necessary to effectively provide you with quality online services. If you have any questions, please contact us at firstname.lastname@example.org.
- Any time you go on our website or mobile application (“app”), or log into your account, you are allowing us to collect information according to this policy. Your use is your consent.
- When you visit and use the Service, we collect personal information, such as your name, email address, IP address, password, and any other information you provide. We do our best to protect this information and only use it to make the Service available to you.
- We work with third-party services, like Facebook, Stripe, and Acuity Scheduling, to make InstaPet simpler to use. If you use a third-party service through InstaPet you are also consenting to their privacy policies, so be sure to read those policies as well.
- Cookies are identifiers we may place on your computing device to identify you when you visit the Service. You are not required to accept any cookies, but may want to in order to better utilize the Service.
- We do not sell, rent, or trade any information that you provide us or share any of your information with any third-parties, except:
- When legally necessary; or
- To protect the safety of our users.
- We will take all reasonable steps necessary to protect your information, but, as a user, you must also protect your username and password from falling into the wrong hands.
- We may change parts of this policy from time to time, so it is important to check it frequently. If significant changes are made we will do our best to notify you.
HOW YOU ACCEPT THIS POLICY
INFORMATION WE COLLECT AND WHY
In order to provide you with high-quality services and verify your identity, we collect, store, and process various types of information when you visit or use InstaPet.
As a Visitor
We may collect various types of anonymous information about visitors to the Service, such as device-related information (e.g., device, browser, and IP address) and server log information (e.g., date and time of your visit). We use this information to better understand our visitors and to enhance your experience on InstaPet.
As a User
When you sign up for your user account, we will also collect certain personal information as part of your user profile such as your first and last name, email address, and a password. We use this information in order to allow you to schedule appointments on, and to utilize the Service.
We suggest that you provide enough information in your profile so that our Pet Helpers, including drivers and technicians, get a sense of who you are and why they should agree to provide help to your pet. If you choose, you can optionally store additional information, such as your phone number, zip code, street address, social media profiles, occupation, or birthday.
One of InstaPet’s useful features is the ability to search for Pet Helpers nearby using geolocation tools. If you allow the Site to use your current location, your address will populate the field and you will be able to request the service to that pick-up location.
We may also collect various other types of personal information related to your use of InstaPet, such as communications made directly to us or our employees or agents, and any additional information you may provide if you contact us for technical support.
Instead of signing up directly on the InstaPet platform, we also give users the option to sign up through their social media accounts, such as Facebook. With your permission, we may collect login credentials from these third-party social networks. Possible uses include: making it easier to set up your InstaPet account, making it easier for you to share information about your use of the Service, and making it easier for you to share pictures and other media related to your use of the Service.
We further manage our payments through Braintree (owned by Paypal). Information necessary to complete payout includes name, email, phone number, address, date of birth, routing number, and account number. If you make any payments through InstaPet, you will have the option of saving your payment information to speed up future payments. Payment information is not stored in the InstaPet database, but is securely stored using the third-party service Stripe (for more information, visit https://www.stripe.com/).
We may set and access cookies on your computer or mobile device when you use InstaPet. “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Service. We may set and access cookies on your device when you use InstaPet. You are not required to accept any cookies; however if cookies are impaired or disabled, you may not be able to log in successfully and/or some features of InstaPet may not function properly.
You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on here.
HOW WE USE YOUR PERSONAL INFORMATION
Your personal information is primarily used for the creation of an InstaPet user account profile and to enable you to access the Service. We also use your personal information to:
- Provide you with information you request, and respond to correspondence that we receive from you;
- Provide, maintain, administer, or expand the Service, perform business analyses, or for other internal purposes, to support, improve, or enhance our business, InstaPet, and other products and services we offer;
- Send you information about InstaPet;
- Contact you when necessary or requested;
- Customize and tailor your experience of the Service;
- Send emails and other communications that display content that we think will interest you according to your preferences; or
- Prevent, detect, and investigate security breaches and potentially illegal or prohibited activities.
As part of this process, we may aggregate some of your personal information in certain data analysis, and may display this information publicly or provide it to others. When aggregating personal information, we make sure that the information is not identifiable to any particular user.
HOW LONG WILL WE RETAIN YOUR INFORMATION
We will retain your personal information, unless you terminate your account or request that we delete it. To make such a request, please send us a note at email@example.com.
WHEN DO WE SHARE YOUR PERSONAL INFORMATION
We do not sell, rent, or trade any information that you provide us or share any of your information with any third parties, except as provided below.
We may disclose personal information in response to service of legal process, such as a court order, summons, subpoenas, or as permitted or required by law when we reasonably believe it is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service.
We may disclose potentially personally identifying information to employees, contractors, and affiliated organizations that: (i) need to know your personal information in order to provide services available on InstaPet, and (ii) have agreed not to disclose your information to others. Some of these employees, contractors, or affiliated organizations may be located outside of your home country. By using InstaPet, you consent to the transfer of such information to them.
Information about our users, including personal information, may be disclosed or transferred to entities, now or in the future, affiliated with us or as part of any merger, acquisition, change of control, debt financing, insolvency, bankruptcy, or sale of our assets. Such information may be used in the businesses of any entity so receiving it.
InstaPet is not intended for and may not be used by children under the age of eighteen (18). We do not knowingly collect information from children under the age of 18 and we do not target our Service to children under the age of 18. You cannot sign up for a user account if you are under 18. If you learn that a child under the age of 18 has created a user account with InstaPet or provided us with personally identifiable information, please contact us at firstname.lastname@example.org.
YOUR CHOICE AS A USER
Once your InstaPet user account profile has been created, you can review and revise that information directly on the website or app. If you have any problems, you may also contact us email@example.com.
PROTECTION OF PERSONAL INFORMATION
The security of the information you provide is extremely important to us. We employ several physical and electronic safeguards to keep your information safe, including encrypted user passwords and securing all connections with industry standard transport layer security.
If you log into your account on a shared computer, be sure to sign out of your account when finished. If you believe a third party has access to your account, you must let us know as soon as possible.
Even with all these precautions, we cannot fully guarantee against the access, disclosure, alteration, or deletion of data through events such as, but not limited to, hardware or software failure or unauthorized entry or use.
ONLINE TRACKING AND DO NOT TRACK SIGNALS
Online tracking is the collection of data about an individual’s Internet activity used to deliver targeted advertisements and for other purposes. Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If an online service elects to respond to a particular DNT signal, the service may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including InstaPet, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
CHANGES TO THIS POLICY
YOUR RIGHTS AS A CALIFORNIA RESIDENT
Residents of California have the right to request from us certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at firstname.lastname@example.org. Your request should specify your full name and the email address you used when submitting personal information to us.
INTERNATIONAL USERS AND VISITORS
MAILING ADDRESS: Attn: Service Manager, InstaPet Technology, Inc., 33 35th St, 1st Floor, Brooklyn NY 11232
EFFECTIVE DATE: April 14th, 2015