1. INTRODUCTION
These general conditions** of use govern the use of the website www.petsdirectory.net . These general conditions and the Privacy Policy, but without limitation, constitute a legal agreement between "you" (or "the user") and Pets Directory, the directory for animals by Emilie Fracheboud by simply consulting the site.
Pets Directory* is the reference site in the animal field in Canada whose goal is to bring together all the good addresses and knowledge in the animal field in Canada. It allows pet owners to constantly get information and easily find the right address for their needs. As for business owners in the animal sector, they will be able to register on a unique platform dedicated to animals. They can then record any information they find relevant to their visibility on this website. Pets Directory* offers services to support businesses registered in the directory to help them in their development and marketing.
You acknowledge that these terms and the policies of this site form two documents. Please read each of these two conditions and policies carefully before using the website.
2. ACCEPTANCE OF CONDITIONS
By accepting the Conditions, or by using the website or by placing a service order on this site or any social network referring to it, you agree to be bound, without reservation or restriction, by the terms and conditions of the Conditions. Access and use of the website is subject to full and unreserved compliance with these Conditions.
If you do not wish to be bound by these Terms or if you do not accept them in full, you must refrain from accessing or using the Websites.
3. REGISTRATION OF ANIMAL ESTATE COMPANIES
Can register and subscribe, all companies in the animal field respecting the criteria below:
• Only the owner or manager has the right to register his business;
• The business that is registered must be in the animal field;
• One of the aims of this enterprise must be to promote animal welfare and / or respect for animals and / or to sell products intended for animals;
• Registered business must have a physical or digital address in Canada
• All companies must respect our internal rules
These criteria may be subject to change at any time.
These criteria entitle Pets Directory* to refuse to register a business.
In order to register his business, you will need to create a user account. To create this account, you will, at least, provide your first name, last name, email address, country of residence as well as a password. You may also be able to provide additional information to Pets Directory* to help us register your business and provide you with personalized advertising.
You are responsible for maintaining the confidentiality of your user account and the password associated with it. In the event that the confidentiality of your user account is compromised, you must notify Pets Directory* as soon as possible in order to avoid possible fraudulent or unauthorized use of the latter.
Pets Directory* cannot be held responsible for unauthorized use of your user account and you agree to bear all responsibility for acts committed through the use of your user account, unless you close it or that you report abusive or fraudulent use of the latter.
For any request to close your user account or to report improper or fraudulent use of it, please contact us info@petsdirectory.net.
In addition, there are usually clauses relating to intellectual property in order to assign ownership of the content to the operator. The content targets, among other things, texts, multimedia elements (such as graphics and photographs), as well as any other similar element. The source code used to design the website as well as any other content that can be downloaded from the site may also be affected by this type of clause.
Pets Directory* reserves the right to suspend or close your user account at any time, at its discretion and without notice. For example, but not limited to, Pets Directory* may suspend or close your User Account if you fail to comply with the Terms, or if you use the website in a manner that could cause or that could cause damage to Pets Directory*, to engage its responsibility, to disrupt the activities of the website or to disrupt the use of the websites by third parties.
4. CONTENT OF THE USER
The Pets directory site - the Directory for animals offers certain functionalities allowing their users to contribute to the content of the latter, among others:
• to evaluate and comment on the content published therein in the "blog" section. Regarding this point, you retain the rights attached to your copyrighted content that you submit to us via the site and Pets Directory* declares that it will never claim to be the owner or the original author of your content. However, any inappropriate content may be removed at the convenience of Pets directory.
• to offer "pet friendly" places. The proposals that you submit to us will be studied and put online only if we agree that they meet our needs. You also have the choice of speaking about our site to the company concerned so that it registers. No rights will be due to you regarding this third point.
However, by submitting your content through the website, you grant to Pets Directory* a non-exclusive, transferable, sublicensable, royalty-free, perpetual and global license to your content for any purpose (the "License") and you waive all of your moral rights in your content. Under this License, Pets Directory* may, but is not limited to, use, reproduce, store, adapt, translate, modify, create derivative works, transmit, distribute, perform in public and make available publicly available, through any media, your content.
In addition to granting the license described above, by submitting your content through the website, you:
1. agree that your first name, first letter of your name, age group, city and country of residence may appear in connection with the dissemination of Your content and the use that Pets Directory* could make of this last under license;
2. acknowledge and agree that Pets Directory* cannot be held responsible for any loss, damage or corruption of Your content.
In addition, you represent and warrant to Pets Directory* that:
1. Your content does not violate any intellectual property rights, including any copyright, of a third party;
2. apart from any copyright-free content, you are the sole holder of all intellectual property rights, including copyright, in Your content or, where applicable, that you hold the holder's written permission in order to submit Your content;
3. Your content contains no defamatory material, no obscenity and does not violate the right of a third party to privacy or image;
4. Your content does not violate any law, act, ordinance or regulation that is applicable to you or that is applicable to Pets Directory* ;
5. Your content is not used to promote or advertise services, products, websites or organizations other than services, products, websites or organizations of Pets Directory* or does not constitute a chain of letters or any other form solicitation.
Your content is a reflection of your thinking, your preferences, your tastes and more generally your person. You should not suggest that Your content is endorsed by a third party unless specifically authorized to do so. You may not imply, imply or pretend that Pets Directory* approves, shares or endorses Your content, unless you are expressly authorized to do so.
Pets Directory* may refuse or remove any User Content at its sole discretion and without notifying the original author.
Pets Directory* does not endorse or approve User Content on the Website and excludes all liability and guarantees with regard to this content.
5. COPYRIGHT
Excluding User Content, all content created, developed, disseminated, communicated, developed, generated or reproduced on Pets Directory* (including texts, data, codes, illustrations, images and videos) as well that its selection, composition and arrangement (the "Content of Pets directory - the Directory for animals") belongs to Pets directory - the Directory for animals or is under license from third parties and may be protected by intellectual property laws , including the Copyright Act (RSC, 1985, c. C-42).
When applicable, Pets Directory* reserves all of its rights in relation to the Content of Pets Directory* it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the elements making up the Content of the Pets Directory*, both partially and completely, without having obtained prior written permission from Pets Directory*.
Despite the above, you may download, print and reproduce the Contents of Pets Directory* for personal use, for informational purposes, provided that you respect all copyrights or other intellectual property notices for Pets Directory Content - The Animal Directory and you cite the source URL for Pets Directory*
6. TRADEMARK
Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on Pets Directory* may or may not be registered trademarks of Pets Directory* or third. Even if Pets Directory* may use certain third party trademarks under license, the display of third party trademarks on the Website does not presuppose any relationship or license between Pets Directory* and the owner of the trademark in question, nor the endorsement or endorsement of Pets Directory* of the goods, services or activities of the owner of the trademark in question.
Nothing contained on the Website may be interpreted in such a way as to grant you a license or a right to use any logo, design or trademark of Pets Directory* or of a third party, without the written permission from Pets Directory* or the third party owner of a particular trademark.
7. BUSINESS REGULATIONS
In order to ensure the quality of service and products to animal owners that visit us, we have selected a regulation specific to each professional body.
Therefore, every business that signs up has the obligation of submitting evidence to us that they respect our regulation, to then be approved and benefit of all the services of the directory.
- Food specialist: No provincial or federal regulation supervise you. Although we ask for a copy of your degree in the particular field.
- Pet shops and stores: According to the sale statement responsible for PIJAC (Pet Industry Joint Advisory Council of Canada), you must comply strictly with the following:
o The seller ensures to the best of his knowledge that the animal offered is in health;
o The seller provides potential buyers with information relevant to the care and keeping this animal;
o The seller makes every effort to match the right animal to the right owner;
o The seller offers the right pre-sales and after-sales support to the new buyer;
o The seller is able to provide the new buyer with food and advice on products and services essential to the well-being of their animal.
o The seller maintains proper records as required by law.
Also, respecting the regulation of animals in captivity of your province is required.
In addition, we ask that you inform us of : a copy of your degree in the field.
- Business for farm animals: You must respect the compliance with laws and regulations of the MFFP.
- Educators: Canine and feline educators behavioural canine and feline specialists have to take notice of the general regulations and of the code of ethics aggregation, organisms or association of your province and to accede, and commit to receive continuing education.
You must also provide the following features :
o Membership evidence to the aggregation, organism or association of your province.
AND/OR
o A copy of the basic degree in the field.
AND
o A proof of recent training (less than one year), provided by stakeholders up to date and that use supporting scientific methods.
- Breeders : Breeders must take notice of the general regulations and of the code of ethics of the CKC, reunification, organism or association of their province and accept to accede, as well as commit to receive continuing education. You must also prove the following features :
o A membership evidence to the aggregation, organism or association of your province.
OR
o A proff to following two elements featuring in the code of ethics of the CKC or other organism or association.
- Animal custodians: The custodian of a domestic animal kept as a pet must conform to the norms intended to the Animal Welfare and Safety Act. Also, you must provide the following features :
o A proof of training in the field
AND
o A copy of a care licence
- Non-profit organization and shelters : We will contact you at the moment of your registration.
- Dog walkers : No provincial or federal regulation assist you. We wish to receive a copy of your degree as a canine educator or other in the animal field.
- Animal attendant : No provincial or federal regulation assist you. We wish to receive a copy of your degree as a canine educator or other in the animal field.
- Craftsmen : no regulation are in force for this area.
- Animal groomers : No provincial (according to the province) or federal regulation assist you. Although we wish to receive:
o Membership evidence to the aggregation, organism or association of your province.
OR
o A copy of your degree in the grooming field.
- Veterinarian : You must comply strictly and respect laws, regulations, norms or your group codes, organism or association of your province and of Canada and accept to acceding. We also aks for :
o A copy of your veterinarian degree
AND
o A registration proof
8. SUBSCRIPTION TO PACKAGES
A User of the Pets Directory*, owners of businesses in the animal sector can subscribe, online, as desired, to a package allowing them to obtain visibility and publicity via this site. To do this, the owner, manager or manager of the company must register on the site www.petsdirectory.net .
When registering, you will need to :
- Proceed to fill in your company information
- Enter your package payment information
- Submit the supporting documents of your compliance with the regulations that are authentic for your field of activity (see above “REGULATIONS FOR COMPANIES”)
We will then verify this information. In the event that you comply with our regulations and these GCU, we will accept your registration and the total amount (including taxes) of your package will then be charged by Stripe. Otherwise (you don’t comply with our regulations and these GCU) your registration will be refused and no debit from Stripe will be made.
By registering, you accept and understand that:
1. Price. Prices are displayed in Canadian dollars. Unless otherwise indicated, prices include applicable sales taxes. Any subscription or order, whatever its origin, is payable in Canadian dollars. Prices are subject to change without notice.
2. Payment. Payment for your subscription is made by credit or debit card Visa or MasterCard, via the secure Stripe online payment system. You are solely responsible for the effective payment of the subscription purchased. In the event that your payment cannot be validated or processed, your registration will not take place. Therefore, we await receipt of payment to complete your online registration on our site. Pets Directory* will have no obligation to process your registration in the event that your payment has not been completed correctly, has not been received or is not complete. Pets Directory* is not responsible for payment problems related to the operation of the Stripe secure online payment system.
3. Confirmation of your subscription. The receipt by email of the confirmation of your subscription does not automatically mean that Pets Directory* accepts it and is not a confirmation of commitment to publish the information transmitted. Pets Directory* reserves the right, in its sole discretion, to cancel or refuse any subscription, for any reason, such as:
1. the registered company does not meet the registration criteria (cited above);
2. the information to be recorded is false;
3. problems with processing your payment;
4. Additional Checks: Pets Directory* may also require additional verification or information before accepting any subscription. Pets Directory* will contact you in the event that your subscription is canceled or to obtain additional information necessary to accept your subscription.
5. Processing your subscription. It will take you approximately 24 to 72 hours to register your business once your payment has been received.
6. Subscription termination. You can terminate your subscription at any time. No refunds will be accepted.
9. BUSINESS SERVICES
Pets Directory*, through its company subscriptions, offers various services which aim to provide advertising and promotion of registered companies. Each service is offered to companies according to the package to which they have subscribed but is not necessarily usable.
Pets Directory* makes every effort to offer a good service to companies, however, she is not responsible for the ineffectiveness or the return of this service.
It is possible for all companies to subscribe to a service individually at any time, even if it is not included in their subscription. It will then be billable.
Offered services
• Company page: offered to all companies registered in the directory, the number of information entered depends on the package subscribed
• Product testing: the company sends its product or offers its service to Pets Directory* so that the latter can test the product or service for free. In exchange Pets Directory* will carry out photos, a blog article and a publication on her social networks in order to offer a beautiful image and publicity on the product / service in question.
• Business support: a list of professionals in marketing, administration, design, photography and accounting is offered and accessible at all times to members of the directory to support them in the development of their business. An interesting offer is offered by these professionals
• Facebook group: One Facebook group is open to directory members in order to offer them quick access to directory information dedicated only to professional members.
• Events and offers: Pets Directory* offers companies the possibility to publish their offers and events directly on the directory in order to reach more customers. These offers and events will also be published on our social networks.
• Throughout the year, Pets Directory* offers companies new offers (Christmas project, …).
10. SERVICES FOR ANIMAL OWNERS AND SITE USERS
Our directory is a unique service for pet owners. It offers access to a directory of companies in the animal industry but also places and other companies that welcome animals in Canada.
Pets Directory* offers products for sale on a temporary basis with the aim of highlighting registered businesses and making them known to animal owners. All paid services are not refundable.
11. YOUR OBLIGATIONS
By using the Websites, and without limiting the scope of what is otherwise provided in the Conditions, you agree (i) to comply with all the laws which are applicable to you in your territory of residence, (ii) to provide us with accurate information and to keep them up to date and (iii) to use the Websites in a reasonable and responsible manner.
Furthermore, you agree not to:
1. use the Websites for illegal or illicit purposes;
2. create or give the impression of a false identity on your User Account or create, without authorization, a User Account for anyone other than yourself;
3. use or attempt to use, without being authorized, the account of another user;
4. violate the intellectual property rights of Pets Directory* or others, including patents, trademarks, trade secrets, licenses, copyrights or other proprietary rights;
5. monitor the availability, performance or functionality of the Websites for competitive purposes;
6. use software, devices, manual or automated coding robots or other means to access, decompose, analyze or index the functionality of the Websites or any service, data or related information;
7. make defamatory, abusive, or threatening or unlawful harassment, usurp the identity of another person or intimidate another person, or present your relationships with a person inaccurately or deliberately incorrectly, in particular by using an address email or similar nicknames, or by creating false accounts or by any other means or scheme;
8. transmit a code of a destructive nature likely to damage, surreptitiously intercept, expropriate a system, data or personal information or even to interfere in a harmful way with these;
9. make obscene remarks or use explicit language or profanity;
10. display advertisements for your business, your products or those of another person or any other type or form of spam;
11. circumvent any security functionality of the Websites;
12. use the Websites for a purpose for which it is not intended.
If Pets Directory* has reasonable grounds to believe that you are failing to comply with the obligations mentioned above, or any other obligation stipulated in the Conditions, Pets Directory* may, in its sole and entire discretion and without notice, suspend your right to use the Websites or limit your access to them in any other way that it deems appropriate
12. PLACES OF RELAXATION
By places of relaxation, Pets Directory* includes all companies, places, parks… willingly welcoming your pets and horses. For the majority of these places, an authorization for the use of the data was previously requested and granted. It is possible, however, that certain companies such as hotels, motels and campsites may appear on the directory by simply copying the data offered on the Internet.
It is the responsibility of each user of the Pets Directory* site to find out about each of these places and companies before going there. Pets Directory* is only intended to provide information on the possibilities offered to pet owners, but cannot guarantee the accuracy of the data due to the volume of information recorded and common changes that may occur.
13. LINKS TO THIRD PARTY SITES
You will find on the Websites several hyperlinks to other websites which are not under the control or responsibility of Pets Directory*. Pets Directory* has no means of controlling these websites and is not responsible for the availability, reliability or legality of such websites, nor does it guarantee it. Pets Directory* does not endorse or endorse the content to which these websites provide access and excludes all liability and guarantees in relation to them. Users accessing third party websites do so at their own risk.
Pets Directory* reserves the right to insert advertisements on all websites, messages which may give rise to links to other websites. Pets Directory* does not endorse, endorse, or be responsible for any ideas, opinions, products, services, or more generally, the content conveyed in advertisements and on websites third parties to which they give access.
14. IDEAL SUBMISSIONS
Any comments or suggestions regarding the Websites, their functionality or the commercial activities in which Pets Directory* is or could be engaged that you can send to Pets Directory* may be used, adapted or implementation by Pets Directory* without any obligation of remuneration or any other form of remuneration.
You acknowledge that your comments, suggestions, ideas or proposals relating to the Websites, their functionalities or the commercial activities in which is engaged Pets Directory*, which you submit to Pets Directory* (to except User Content) (the "Suggestions"), are not confidential, do not belong to you and may be disclosed, used, adapted or applied by Pets Directory* without any obligation of remuneration or any other form of retribution.
15. DISCLAIMER OF WARRANTIES
The Websites and all of the content therein are provided as is. When you use the Websites, you acknowledge and agree that you do so entirely at your own risk. The Websites may be abandoned or their access may be interrupted at any time by Pets Directory* or otherwise. Pets Directory* does not make any declaration or guarantee as for the contents, services or functionalities offered on the Websites or as for the Content of the Users being there, including, in particular:
1. as to the accuracy, availability, completeness, reliability, negotiability or timeliness of the Websites;
2. as to the functioning or accessibility of the Websites without interruption or error;
3. as for the correction of faults or errors in the Websites;
4. as to the absence of viruses or harmful elements on the Websites;
5. as to the secure transmission or without interception of communications via the Websites.
16. LIMITATION OF RESPONSIBILITIES
To the fullest extent permitted by applicable law, Pets Directory* and its officers, directors, employees, agents and their respective successors and assigns, shall in no way be held liable for any loss or damage to the nature or relating, in particular, to an invasion of your private life, a loss of business or a loss of profit, whatever its cause, and whether or not it is based on a contract (including failure to fulfill an essential obligation), these Conditions, civil liability (including negligence) or otherwise, even if Pets Directory* knew or should have known of the possibility of such damage. Furthermore, Pets Directory* has no obligation to keep or store searches, preferences or any other data that you publish or save from time to time on the Websites and cannot be held responsible for any loss or damage resulting from loss of this data.
If you decide to visit or use a website linked to the Websites, hardware, software, goods or services offered from a website linked to the Websites, you do so entirely at your own risk and perils.
17. INDEMNIFICATION
Pets Directory* is not responsible for your content that you generate on the Websites nor for the actions that you take or refrain from taking in connection with the Websites (your "Acts").
You agree that your Acts are under your sole responsibility and acknowledge having done so with full knowledge of the facts. Pets Directory* cannot be held responsible for any violation of the Terms that you may have committed. Consequently, you will take up the cause for Pets Directory* and its subsidiaries, parent company, directors, agents, representatives, administrators, employees and business partners in the event that legal proceedings are instituted against it following a violation Conditions that you have committed or that anyone having access to your user account has committed.
In all cases, you agree to indemnify and hold harmless Pets Directory*, its subsidiaries and affiliates, administrators, officers, agents, representatives, employees and business partners for losses , obligations, claims, claims, damages, costs and expenses of any kind, including reasonable attorneys' fees, in connection with your Deeds and any violation of the Terms, any law or the rights of an third.
18. JURISDICTION AND APPLICABLE LAWS
The Conditions are governed by and interpreted by the laws of Quebec and those of Canada applicable therein, without regard to the principles of conflict of laws.
This paragraph does not apply to consumers in the province of Quebec (Canada), to whom the Consumer Protection Act (Quebec) rather applies (chapter P-40.1). You accept and irrevocably acknowledge the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal in relation to any litigation arising arising from or relating to the Conditions, elect domicile and waive any objection based on the absence of territorial jurisdiction or any request based on the concept of forum not convenions
19. DIVISIBILITY
Each of the provisions of the Conditions is individual and distinct and, if any of the Conditions were found to be invalid, illegal or unenforceable, all of the other provisions of the Conditions would remain in full force and effect.
20. WAIVER
The fact that Pets Directory* does not insist on the full performance of an obligation under these Conditions or exercise a right conferred on it will not be considered a waiver of the performance of that obligation or that right. Any waiver by Pets Directory* of a right conferred on it under these Conditions will only be valid if it is established in a signed document and will only be valid with regard to the right and the circumstances expressly referred to by this waiver.
21. INCESSIBILITY
You may not assign or delegate any rights or obligations under the Terms without the prior consent of Pets Directory*.
22. RETROACTIVE EFFECT
You accept and acknowledge, when applicable, upon your initial acceptance of the Conditions, that any use, any content contributed and any act or omission relating to the Websites that relates to a period prior to the Date of online publication, is retroactively subject to these Conditions.
23. MODIFICATION
Websites are a dynamic and evolving environment subject to change. Pets Directory* may revise the Conditions at its sole discretion by simply updating this page or the pages where the provisions of the Conditions to be amended are found. It is your responsibility to consult the Terms on a regular basis to be aware of any possible changes that may be made to them.
Despite the above, Pets Directory* will notify Users of any modification to the Conditions at least 30 days before it comes into force.
If you do not agree with one or more modifications to the Conditions, then you must cease all use of the Websites and, if necessary, close your User Account. Continuing to use the Websites or not closing your User Account after Pets Directory* has published the changes will constitute your acceptance of the changes to the Terms.
24. PROPERTY
The Company is the exclusive owner of all intellectual property rights both on the structure and on the content of the Site and the databases it contains, or has regularly acquired the rights allowing the exploitation of the structure, the databases and the content of the Site. In particular, any element reproduced on the Site, of whatever nature (texts, images, sounds, photos, videos, music, databases, data, logos, brands, software, content, codes, layouts etc.) is protected by intellectual property rights and is the exclusive property of the Company and / or its partners.
Consequently, any reproduction (including by downloading, printing, etc.), representation, making available, adaptation, modification, translation, transformation, distribution, synchronization, integration into another site, commercial exploitation or not, and / or reuse of in any way whatsoever of all or part of the elements appearing on the Site is strictly prohibited without the prior written authorization of the Company. The consultation and use of the Site does not confer any intellectual property rights on the User on any element appearing on the Site. The legal provisions which are imperatively applicable in Canadian law are reserved.
This text was translated from the original text in french. It may present some context error.
* Pets Directory is the trade name representing the company Pets Directory – the Directory for animals by Emilie Fracheboud. In this document, the commercial name of Pets Directory is written in order to facilitate reading. But it always refers to the full name.
** This Privacy Policy was written on February 28, 2022.
