Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by EduBark. Throughout the site, "we", "us" and "our" refer to EduBark. EduBark makes this website, along with all the information, tools and services available on it, available to you, the user, on the condition that you accept all the terms, conditions, policies and notices set out here.

By visiting our site and/or buying something from us, you are using our "Service" and you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions and policies referred to here and/or available through a hyperlink. These Terms of Service apply to everyone who uses the site, including, without limitation, people who browse it, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before you access or use our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not accept every term and condition of this agreement, you may not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these terms.

Any new feature or tool added to the current store will also be governed by these Terms of Service. The most recent version of the Terms of Service can be found on this page at any time. We may update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you keep using or accessing the website after a change is posted, you accept that change.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform we use to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have given us your consent to let a minor in your care use this site.

You may not use our products for any illegal or unauthorized purpose, and in using the Service you may not break any law in your jurisdiction (including, but not limited to, copyright law).

You must not send any worms, viruses or code of a destructive nature.

Breaking any of these Terms will result in the immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We may refuse service to anyone, for any reason, at any time.

You understand that your content (excluding credit card information) may be transferred without encryption and may involve (a) transmissions over various networks; and (b) changes needed to meet and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted while it is transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete or current. The content of this site is provided as general information only and should not be the only basis for any decision without consulting more accurate, more complete or more timely primary sources. You rely on the content of this site at your own risk.

This site may contain some historical information. Historical information is, by nature, not current and is provided for reference only. We may change the content of this site at any time, but we have no obligation to update any information on it.

SECTION 4 – CHANGES TO THE SERVICE AND PRICES

The prices of our products may change without notice.

We may, at any time and without notice, change or discontinue the Service (or any part or content of it).

We will not be liable to you or to any third party for any change, price change, suspension or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Some products or services may be available only online through the website. These products or services may be available in limited quantities and can only be returned or exchanged under our Return Policy. Our store works in partnership with manufacturers in China.

We have made every effort to show the colours and images of our products in the store as accurately as possible. We cannot guarantee that your computer screen will display any colour accurately.

We may, but are not required to, limit the sale of our products or services to any person, geographic region or jurisdiction, and we may do so case by case. We may limit the quantities of any products or services we offer. All product descriptions and prices may change at any time without notice, at our sole discretion. We may stop selling any product at any time. Any offer for a product or service made on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other material you buy or obtain will meet your expectations, or that any errors in the Service will be corrected.

Products that carry no hygiene risk, such as our vibration anti-bark collar, may have been returned before. These products are carefully inspected, cleaned and reconditioned so that they work perfectly and are in a condition equivalent to new.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse any order you place with us. At our sole discretion, we may limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may try to let you know by contacting the email address and/or billing address/phone number provided when the order was placed. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate order and account information for every purchase made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.

For more details, please see our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may give you access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to these tools "as is" and "as available", without any warranty, representation, condition or endorsement of any kind. We will have no liability arising from or related to your use of optional third-party tools.

Any use you make of optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with, and approve of, the terms under which the relevant third-party provider(s) supply those tools.

In the future, we may also offer new services and/or features through the website (including new tools and resources). These new features and/or services will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Some content, products and services available through our Service may include material from third parties.

Third-party links on this site may take you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating their content or accuracy, and we do not guarantee and will have no liability or responsibility for any third-party material or website, or for any other third-party material, product or service.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be sent to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by mail or otherwise (together, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment you send us. We have no obligation (1) to keep any comment confidential; (2) to pay compensation for any comment; or (3) to respond to any comment.

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property of any party or these Terms of Service.

You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect how the Service or any related website works. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about where any comment comes from. You are solely responsible for any comment you make and for its accuracy. We take no responsibility and assume no liability for any comment posted by you or by any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Information on our site or in the Service may sometimes contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We may correct any error, inaccuracy or omission, and change or update information or cancel orders, if any information in the Service or on any related website is inaccurate at any time, without notice (including after you have submitted your order).

We have no obligation to update, change or clarify information in the Service or on any related website, including pricing information, except as required by law. No update or refresh date shown in the Service or on any related website should be taken to mean that all of its information has been changed or updated.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions in these Terms of Service, you may not use the site or its content: (a) for any unlawful purpose; (b) to encourage others to carry out or take part in unlawful acts; (c) to break any local, national or international regulation, rule, law or ordinance; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or send viruses or any other malicious code that will or may affect how the Service, any related website, other websites or the Internet works; (h) to collect or track other people's personal information; (i) for spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or get around the security features of the Service, any related website, other websites or the Internet. We may end your use of the Service or any related website if you engage in any of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results you may get from using the service will be accurate or reliable.

You agree that we may remove the service for indefinite periods or cancel it at any time, without telling you.

You expressly agree that your use of the service, or your inability to use it, is at your sole risk. Unless we expressly say otherwise, the service and all products and services provided to you through it are supplied "as is" and "as available", without any representation, warranty or condition of any kind, express or implied, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event will EduBark, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any injury, loss or claim, or for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or of any product obtained through it, or from any other claim related in any way to your use of the service or any product, including errors or omissions in any content, or any loss or damage resulting from the use of the service or of any content (or product) posted, sent or made available through it, even if we were told such damage was possible. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those places our liability is limited to the maximum extent the law allows.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless EduBark and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, including reasonable legal fees, made by a third party because of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or of the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent allowed by applicable law, and the unenforceable part will be treated as separate from these Terms of Service. This does not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date survive the termination of this agreement for all purposes.

These Terms of Service remain in effect until terminated by you or by us. You may terminate them at any time by telling us you no longer want to use our Services, or when you stop using our site.

If, at our sole discretion, you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain responsible for all amounts owed up to the termination date, and/or we may deny you access to our Services (or any part of them).

SECTION 17 – ENTIRE AGREEMENT

If we do not exercise or enforce a right or remedy under these Terms of Service, or delay doing so, this does not waive that right or remedy. These Terms of Service and any policies or operating rules we post on this site or about the Service form the entire agreement and understanding between you and us, and govern your use of the Service. They replace any earlier or concurrent agreement, communication or proposal, oral or written, between you and us (including earlier versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the party that drafted them.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreement under which we provide you with Services are governed by and interpreted under the laws in force in Quebec, Canada.

SECTION 19 – CHANGES TO THE TERMS OF SERVICE

The most recent version of the Terms of Service can be found on this page at any time.

We may, at our sole discretion, update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. If you keep using or accessing our website or the Service after a change to these Terms of Service is posted, you accept that change.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@edubark.com