We are so thrilled to have you as a customer of Puppy Gang Fresh Foods, where nutrition always comes first. Our dogs rely on us for all of their needs. That’s why we put so much importance in ensuring our ingredients are balanced and nutritious for the needs of our dogs. We won’t compromise on this, and that’s our promise to you. We use safe, quality ingredients that are antibiotic and hormone free, and we have consulted with holistic veterinarians to develop each of our recipes. We live by ‘you are what you eat’ and our pups are part of our active lifestyles. Our goal is to provide preventative and curative nutrition solutions that keep your dog as energetic, healthy and lively as a pup!
Why You’re Reading This Document
The purpose of this Client Services Agreement (the “Agreement”) is to communicate our mutual expectations for your participating in Puppy Gang Fresh Foods delivery (the “Services”), whereby for mutual consideration you agree to abide by the terms of the Agreement set out below.
Parties. This is a binding legal agreement for services between the Purchaser, (“Client” or “You”) and Puppy Gang Fresh Foods Ltd. (“Puppy Gang Fresh Foods”, “Company”, “Us”) located in the City of Toronto, Ontario.
By clicking the acknowledgement field below, you are acknowledging that you have read, understood and agree to accept all of the terms and conditions contained in this Agreement.
- Our Commitment to You. The Company will provide frozen dog food delivered to your door or another selected convenient pick-up location (the “Services”). The details of the unique services offered and pricing options are outlined at the end of this Agreement in “Schedule A: Services and Pricing”.
- Communication. We recognise our success is tied to the success of you and your pups. We pay attention to the small details, and when our customers need support we strive to always be there and work to make your experience the best it can be. Please let us know your feedback and how we can improve our services by sending us an e-mail at: firstname.lastname@example.org.
- Our Expectations of You. Each Client must be able to accept delivery of the food and must take ownership to collect the goods and freeze them within one (1) hour of delivery in order to preserve the food.
- Term. This is a subscription based contract that automatically renews as per the selected subscription. The subscription arrangement may be cancelled any time abiding by following the termination policy outlined below. The Company reserves the right to modify the contract at any subscription period, at which time the Client will be notified of the changes and required to resign the Agreement and agree to the new terms.
- Payment. By clicking the box at the end of the Agreement, you hereby agree to pay the price of the Services that you have selected, which will be due and payable immediately. You agree to pay the fee corresponding to the service outlined in “Schedule A: Services and Pricing” to the Company.
- Payment Method. The Company accepts payment via credit card or PayPal. Purchases are hosted on the third-party platform, Shopify Inc., which provides the online e-commerce platform. The Company is not responsible for the storage of any payment information and confidential data entered on third-party platforms.
- Refund Policy. There is a strict no-refund policy for the Services and all purchases of food are final. If the Client is unhappy during the Services, please let us know as soon as possible in order to try and rectify the situation. If something is seriously wrong it is the Company’s sole direction to provide a refund but has no obligation to.
- Termination. This Agreement may only be terminated by cancelling the subscription with the Company through the website any time prior to the delivery deadline, as outlined in the subscription purchase. You can use your membership log-in to amend any order within the time limit.
- Confidential Information. The Company respects the Client’s privacy and the Client’s personal, pet and financial information (“Confidential Information”). The Company acknowledges that the Client may disclose or give access to confidential information to perform services. While the Company is hired by the Client, and afterward, the Company will not use or disclose to any other person or entity any confidential information or materials (either written or unwritten) except when required to do so to properly perform duties to the Client or as required by law. Information in the public domain, information generally known in the trade and information that the Company acquired completely independently of these services for the Client is not considered to be confidential.
- Intellectual Property. Puppy Gang Fresh Foods works hard to create unique recipes in order to maintain and improve your dog’s health. All recipes, trademarks and copyright remain the exclusive and sole property of Puppy Gang Fresh Foods.
- Share the Love. Puppy Gang Fresh Foods was created to drive change in the food industry and support healthy nutrition for all dogs. We are 100% committed and passionate about ensuring all dogs get the best nutrition and have the energy of pups. We love our dogs, and we know you do too. If you’ve enjoyed the Services, we would be thrilled if you would refer another Puppy lover. For any referrals, please use Pooch Points to receive a referral reward. This offer may not be used in conjunction with any other offers available.
- Community Love. Community is important to us. Whether its sharing what we have learned with each other or sharing in your dog’s success and helping our dogs live the best lives they can, we are focused on building a strong and supportive puppy gang. Giving back is a significant part of who we are, and we support shelters through providing our nutritious food and supporting new dog owners to feed their dogs a balanced and healthy diet from the beginning.
- Media Release. We love providing nutritious food for your puppy and want to see how much you love it too! You hereby agree to grant the Company the irrevocable right and permission to use, throughout the world and in perpetuity, you and your dog(s)’ image, name, dog breed, likeness, photographs, video content, audio recordings or any other record of you and your dog(s) that is captured during or in relation to the Services. This gives Puppy Gang Fresh Foods permission to use photos of you and/or your dog(s) that you take, we take, or someone else takes that are related to you being a Client of ours or that tags or mentions our Company on any social media accounts. For example, if you take a photo of your puppy eating our food, the Company is permitted to post it on Instagram, our website or another social media platform. The Client hereby gives the Company permission to display the images in places including but not limited to websites; blogs; social media sites such as Facebook, Instagram, Pinterest; and in any printed media. Client(s) hereby waive any right to royalties or other compensation arising from or related to the use of his/her or the pets’ image.
- By consenting to Puppy Gang Fresh Food's SMS and email marketing and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages or emails. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. YOU ARE ABOUT TO SIGN AWAY SOME OF YOUR LEGAL RIGHTS. MAKE SURE YOU UNDERSTAND THIS SECTION OF THE AGREEMENT.
- Representations & No Warranty. The Company makes every effort to accurately represent the Services and its potential to improve your puppy’s health by providing nutritious and balanced food. However, each puppy’s success depends on many factors, and no particular health goal or result is guaranteed through the purchase of our Services. Further, the Company cannot be held responsible for food that is spoiled if not stored properly and kept frozen as per instructions.
- Disclaimer. The Company is providing high quality food for your dog(s), however you hereby acknowledge that it is you, the owner’s, responsibility to ensure that your dog(s) are able to consume the food and all of the ingredients. Owners must ensure their dogs do not have any allergies, illnesses and it is their sole responsibility to ensure that there are no reasons why the dog should not eat any of the recipes. The owner must notify the Company in the pet in-take form online of any and all food sensitivities, dietary needs and allergies of their dog(s) prior to purchase. If you are unsure whether your dog can eat certain foods, or has any allergies, it is the sole responsibility of the owner to seek professional advice prior to subscribing and in order to accurately fill out the form. All ingredients are displayed for each dog food recipe and it is the owner’s responsibility to confirm they are safe for consumption.
- Voluntary Assumption of Risk. Having read this Agreement and being fully aware of the terms of participation in Puppy Gang Fresh Food Services and that there are no guarantees of health, your clicking the box at the bottom of this Agreement and participation in receiving the services illustrates your voluntary participation. You further agree that you have full capacity to agree to the voluntary participation in the Services.
- Release, Waiver, and Indemnity. In consideration of The Company allowing you to participate in Puppy Gang Fresh Foods Services and for good and valuable consideration and having acknowledged the potential risks associated with the Services, you hereby expressly agree to assume the entire risk of any and all such injury, loss or damage which you or your dog may suffer during or arising out of your participation in the Services, howsoever caused. You hereby release The Company, our agents, employees, contractors, volunteers, heirs, executors, administrators, successors and assigns from any liability and damages arising from personal injuries, loss or damage to you and/or your finances, however caused including out of negligence, during your participation in The Services. You understand that you are releasing The Company at your own risk and that you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
- Dispute Resolution. If problems arise, The Company wants to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person with an objective third party to act as the mediator, to be selected using a roster mediator in Toronto, Ontario, Canada to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must take place in the jurisdiction of the appropriate court located in Toronto, Ontario, Canada.
- Non-Disparagement. You agree to not publicly or privately make any “disparaging” comments, which means any negative, demeaning or critical comments (written or oral) about the Company, its contractors or the services, or to communicate with any other individual, company or entity in a way that criticizes the Company, its contractors, or the services, or harms the reputation of the foregoing in any way, including on social media at any time. As part of the legal process, the Client is not prohibited from publicly sharing your thoughts and opinions.
- Standard Legal Terms: Governing Law. This Agreement has been executed and delivered in the province of Ontario Canada, and the laws of such province shall govern its validity, interpretation, performance and enforcement. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to personal jurisdiction of the courts located in the city of Toronto, Ontario. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Waiver of Breach. The waiver by The Company of any breach by the Client of any provision of this Agreement will not be taken to be a waiver of any further breaches by the Client. Notice. For the purpose of this Agreement, e-mail will suffice for written notice when required as set out above. Signatures. Both parties agree and consent that e-signatures are an acceptable form of signature. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Entire Agreement. This Agreement contains the entire understanding between the parties hereto and supersedes any and all prior agreements between you and the Company.
CONFIRMATION AND UNDERSTANDING OF AGREEMENT
You confirm that you have read and understood this Agreement prior to clicking the acknowledgement box below, and you voluntarily agree to its terms as of the effective date below. You are aware that this is a binding legal contract and that by signing this Agreement, you are waiving certain legal rights which you or your heirs, next of kin, executors, administrators, assigns and representatives may have against Puppy Gang Fresh Foods.