PetFlw Terms of Service
- Description of Services.
- License and Site Access.
- Membership Eligibility.
- Your Account.
- Description of Petflow products, and services.
- Submitted Content.
- Disclaimer of Warranty.
- Limitation of Liability.
- Electronic Communication.
- Access To Password Protected/Secure Areas.
- Modification and Notification of Changes.
- Intellectual Property Rights.
- Procedure for Claims of Intellectual Property Infringement.
- Survival of Terms After Agreement Ends.
- Referral Program.
Description of Services.
In the Site, Petflow provides users with access to sales of pet items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access.
Petflow grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose(in Petflow's sole discretion) an unreasonable or disproportionately large load on Petflow's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Petflow to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by Petflow.
The Site and Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Petflow for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your Petflow account to another party. If you do not qualify, you may not use the Petflow Service or the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Petflow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Petflow has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Petflow immediately of any unauthorized use of your account or any other breach of security. Petflow reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Description of Petflow products, and services:
Petflow provides users with a simple way to manage their ongoing pet food purchases. We strive to provide the best service, prices and experience. If at any time during your membership in our program you would like to change, or cancel your order(s), you may do so immediately online by logging into your account, or speaking with a customer service representative. For a full description of our shipping and return policy please click here.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to Petflow through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Petflow, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Petflow and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Petflow a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE PETFLOW PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. NONE OF THE PETFLOW PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE PETFLOW PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Petflow attempts to be as accurate as possible with products descriptions and prices. However, Petflow does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Petflow’s suppliers, Petflow shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Petflow shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PETFLOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A "PETFLOW PARTY") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PETFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE.
You agree to indemnify, defend and hold the Petflow Parties harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, your use of the Site or Services, or your violation of any law or the rights of a third party.
When you use the Site or send emails to Petflow, you are communicating with Petflow electronically. You consent to receive communications from Petflow electronically. Petflow will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes.
Intellectual Property Rights.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Petflow and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Petflow or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, ("Content") is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of Petflow. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement.
Petflow respects the intellectual property of others, and we ask our users to do the same. Petflow may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Petflow's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Petflow's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:Petflow LLC
989 6th Avenue, Floor 18
New York, NY 10018
Petflow may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
How Our Program Works. To participate in the Program, visit http://www.petflow.com/referral and follow the instructions to refer as many friends, family members, or colleagues as you want to the Program!
For every 'Qualified Referral' (as defined below) you submit to us, you may be eligible to receive Referral Credit(s) (defined below).
Eligibility. Eligibility to the Program is limited to individuals only, including both new and existing customers. The Program may NOT be used by businesses for affiliate lead generation, which will be determined by PetFlow in our sole discretion.
Qualified Referral. A 'Qualified Referral' requires that all of the following conditions are met:
- Your Friend must complete a purchase of $40 USD or more (excluding all fees including but not limited to taxes, shipping, and/or other 3rd party fees) at our online store, located at www.petflow.com, by clicking on you unique Program link located in the email sent to your Friend (a 'Qualified Purchase'). (If your Friend makes a purchase on our website through any other method, this will NOT count as a Qualified Referral and you will not earn any store credit.) Purchase of a gift certificate is NOT a qualifying purchase.
- Your Friend must complete their Qualified Purchase within thirty (30) days of receiving the Program email.
- Your Friend does not return the Qualified Purchase.
- Your Friend must be a new customer; i.e. they have not previously purchased from our online store, nor do they have an account or registration with us under any email address or alias. This will be determined in PetFlow's sole discretion.You may only receive one (1) Qualified Referral per Friend; in other words, you are only eligible for one (1) Referral Credit per Friend, and so additional/repeat purchases made by your Friend do not qualify you for additional Referral Credit(s).
Referral Credits. For each Qualified Purchase, your Friend will receive their Referral Credit discount online at the time of purchase. Subsequently, for each verified Qualified Referral, you will be emailed a notification that you have one (1) Referral Credit valid for future purchases at our online store. Referral Credit(s) will appear in your online account with us thirty (30) days after your Friend makes a Qualified Purchase. Some important things about your Referral Credit(s):
- Referral Credits may not be used toward the purchase of a gift certificate or combined with any other promotional codes or offers.
- Referral Credits are non-transferable and may not be sold, assigned, or given to anyone else, and may not be redeemed for cash.
- Referral Credits are valid for one-time use only and are non-refundable; for instance, if you use a Referral Credit to purchase an item from our store and you later return that item, the amount of the Referral Credit used by you to pay for the item will be deducted from the total amount of your refund.
- Referral Credit(s) do not expire.
Fraudulent Activity. Please respect these Terms and our Program by only referring real individuals who meet our requirements. PetFlow reserves the right to void any Referral Credits and take any action we deem reasonably necessary if we suspect any fraud on your part. For instance, having multiple accounts with alternate email addresses or identities is a violation of these Terms, and may result us taking action, including terminating your account with us and/or forfeiture of all Referral Credits in your account.
Marketing Emails. By participating in this Program and referring a Friend, you are agreeing to receive our marketing emails to the email address you provide to us. If you wish to stop receiving these emails at any time, please opt out using the link at the bottom of the relevant email or by writing to firstname.lastname@example.org
No Spam. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation, or any posting of this link on any website or social media or other forum is expressly prohibited and will be grounds for immediate termination of your account and exclusion from PetFlow's Refer-a-Friend program.
Right to Cancel Program or Change Terms. We reserve the right to modify or amend these Terms, the Program, or any part of such, at any time and for any reason. We may also deny participation to the Program if we have any reason to believe that you are not in compliance with these Terms or the Program.
If you have any questions regarding your order, our policies, or anything else please don't hesitate to contact us here