Terms & Conditions
Terms and Conditions
Your use of www.thebarknfuncompany.ca including any and all pages thereto, as may be changed from time to time at THE BARK’N FUN COMPANY’s sole discretion, (collectively hereinafter the “Site”) is expressly conditional upon your acceptance of the following terms and conditions.
If you do not agree with any part of the following terms and conditions, you must not use the Site. Use by you of the Site indicates your agreement to the following terms and conditions. These terms and conditions shall apply regardless of the means by which the Site was accessed, including, but not limited to, through URL address, electronic mail or links from another site.
The Site is owned and operated by THE BARK’N FUN COMPANY. THE BARK’N FUN COMPANY, including its successors, affiliates, and assigns now existing or hereafter organized (collectively, the “Company”) is the owner of all copyrights, trade secrets, patents or other intellectual property rights in the Site. Except for the portions that are owned/licensed by third party providers and distributors which have been approved for use by the Company, the Company owns all software modules, and materials that appear on the Site, including the text, Site design, logos, graphics, icons and images, assembly and arrangement thereof. All audio and video clips are the sole property of the Company or those supplying the software, as the case may be.
You may not disassemble, decompile, reverse engineer or otherwise derive source code from the software, reproduce, distribute, publish, license, modify, create derivative works from, transfer, sell, rent or lease any information, software products or services obtained from the Site without the express written permission of the Company and/or its third party providers and distributors as may be designated by the Company from time to time.
Use of Site
You may use the content of the Site only for the purpose of shopping on the Site or placing an order for a gift box, subscription plan, or product on the Site and for no other purpose. You agree that you will not use the Site for any purpose that is unlawful or prohibited. You also warrant that all information supplied by you or members of your household in using the Site are true and accurate.
Age and Responsibility
You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be financially responsible for all of your use of the Site, as well as for use of account or login information by others, including, without limitation by minors. You agree to supervise all usage by minors of the Site under your name or account. Separate terms and conditions will apply to the purchase of products/services available from the Site. You agree to abide by any terms and conditions relating to the placement of any order for products and/or services by you which is made available on the Site. It is your responsibility to review any and all terms and conditions relating to a purchase order prior to submitting any purchase order. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site.
Disclaimer and Limitation of Liability as to Products Sold
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE.
WITH RESPECT TO the products & services provided by THE BARK’N FUN Company, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE PRODUCTS FOR YOUR PET. ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER YOUR PET IS CAPABLE OF USING AND CONSUMING THE PRODUCTS PROVIDED.
EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE, INCLUDING, BUT NOT LIMITED TO THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE COMPANY ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Disclaimer and Limitation of Liability as to the Site
THE COMPANY WEBSITE AND MATERIALS THEREIN ARE PROVIDED “AS IS”. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS OPERATION, CONTENT, INFORMATION OR MATERIALS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE COMPANY’S SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall immediately issue a credit to your credit card account in the amount charged.
Links to Third Party Sites
The Site may contain hyperlinks to websites operated by third parties other than the Company. Such hyperlinks are provided for your reference only. The Company does not control such web sites and is not responsible for their contents. The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such web sites or any association with their operations.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the Companys’ offer to sell the Product. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Company reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. The Company is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers or customers who intend to resell the products offered by the Company.
We use Shopify / STRIPE for processing payments for the products and subscription plans you purchase. We do not record your credit card information. For more information on STRIPE and its privacy guidelines please visit their website at https://stripe.com/ca.
The Company shall automatically charge applicable sales tax and the total purchase price includes the applicable sales tax.
In addition to purchasing gift boxes and products specifically via our Site, you may also join a 3 or 6 month subscription plan for delivery from the BARK’N FUN Company for the Bark’N Fun Box. You will be required to provide payment in advance for this plan. Your subscription will automatically be renewed at the end date of your subscription plan.
You may cancel your subscription plan with the Company upon 30 days prior written notice by clicking on “Contact Us” and emailing the Company at the address provided therein.
Receipt of Products
We make every attempt to ship your product as soon as we receive confirmation of payment via PAYPAL or credit card. If you have ordered a subscription for a Bark’N Fun Box you should receive your first order within 2 weeks of confirmation of your payment. If you do not receive your product within 2 weeks, please click on “Contact Us” and email us right away. All parcels are tracked through the shipping carriers.
With respect to so-called force majeure (“acts of God”) the Company shall have no liability to you as a result of its inability to perform its obligations to deliver its products to you by reason of any strike, work stoppage, utility interruption, insurrection, riot, fire, earthquake, hurricane, tornado, other severe weather, or any other act of God or other calamitous event beyond the control of such party.
Products which are not purchased as part of the Bark’N Fun Box, and which have been unopened, may be returned to the Company for replacement or refund in the following manner: Returns to the Company must be made within thirty days of receipt of the product. You are responsible for shipping costs of all returns. Non-defective products that have been opened will not be accepted by the Company for return. All refunds for non-defective products exclude shipping and handling charges. Please allow two to four weeks for refunds to be processed and credited to your credit card. All items must be in “as-new” condition and in original packaging. All returns must be sent via a service that has a tracking number system, such as Canada Post, UPS, Purolator or FedEx.
Use of Bulletin Board, Chat Rooms, and Other Communications Forums
If the Site contains bulletin boards, chat rooms, or other message or communication facilities (collectively, the “Forums”), including social media sites you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum, which shall not include, without limiting the generality of the foregoing:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information;
upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another computer;
delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
falsify the origin or software or other material contained in a file that is uploaded;
advertise or offer to sell any goods or services or conduct or forward surveys, or chain letters; and/or
download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally contributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by the Company, and such communications shall not be considered reviewed, screened, or approved by the Company. The Company reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. The Company reserves the right to deny in its sole discretion any use access to the Site or any portion thereof without notice.
Social Media and Posting of your Publicly Available Photos
In the event the Company has social media pages, and you post text content, photos or videos (IP content) on our social media sites, you grant us a non-exclusive, transferable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, and create derivative works from, and publicly perform or display such IP content.
You shall defend and indemnify the Company and its third party providers and distributors from and against any claim or cause of action brought by or on your behalf in excess of the liability described in the terms and conditions herein or by third parties as a result of your use of the Site.
The relationship among the Company, its third party providers and distributors and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
This Agreement and its performance shall be governed by the laws of the Province of Ontario without giving effect to applicable conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Province of Ontario, in all questions and/or disputes arising under the use of the Site and/or this Agreement.
You may not assign, convey, subcontract, or delegate your rights, duties or obligations under these terms and conditions set out on the Site.
The Company may, at any time, modify these Terms and Conditions and your continued use of the Site will be conditional on the terms and conditions in force at the time of your use.
If there are any questions or concerns regarding any provision set out herein please click on “Contact Us” and send us an email at the email address provided.