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Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS THE USER’S LEGAL RIGHTS.

Last updated November 19, 2022

This Terms and Conditions (hereinafter – “Terms”), along with Säker Canine's (hereinafter – “Säker Canine”) Privacy Policy, govern your use of the Website.

For this Terms:

(i) “Goods” means the list of items available on our Website to order and purchase.

(ii) “Officers” means our’s officers, directors, employees, consultants, affiliates, subsidiaries, and agents.

(iii) “Säker”, “we”, “our”, and “us” means the company that is an owner of this Website and the seller of the goods. The name of the company is Commerce c.labs inc, with its principal place of business at 7 chemin de la place tournesol, Saint-Donat-de-Montcalm, Qc, J0t 2C0, Canada

(iv) “Services” means selling the Goods for your pets via our Website, collecting and systematising your orders and delivering your ordered Goods.

(v) “User”, “you”, and “your” means any individual or legal entity who is using our Website.

(vi) “Website” means our’s web platform for the User’s mobile devices or computers which can be used through a browser without downloading, under the name (domain) https://eu.sakercanine.com/.

 

1. ELIGIBILITY

By agreeing to this Terms, you represent and warrant to us: 

(i) that your age is at least eighteen (18) years old; all users under this age must obtain parental consent to use the Website and create an order via our Website;

(ii) that you have not previously been suspended on the broken of the Website;

(iii) that your use of the Website complies with applicable laws and regulations.

 

2. LICENCE GRANT TO US

2.1. By providing information (hereinafter – “Files”) through the Website or via other types of electronic communications, you approve our processing of your Files.

2.1.1. These Files can automatically be downloaded from your end by the Website’s Cookies.

2.2. We guarantee that all Files will be used only for data processing purposes by the Website, and any third party will not have any access to your Files without your additional permission.

 

3. INFRINGEMENT AND ABUSE

3.1. We are not responsible for the accuracy of the Website work on your end and the provided materials on the Website.

3.2. We are not responsible for not right using the Website and the Goods due to any damage to you and/or any other third parties.

 

4. TERMINATION OF USE, DISCONTINUATION AND MODIFICATION/UPGRADING OF THE WEBSITE

4.1. We have the right to modify/upgrade or discontinue the Website at any time (including, without limitation, by limiting or discontinuing certain features of the Website) without notice to you.

4.2. We do not have any liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.

4.3. We have the right to restrict your access, immediately without previous notification, to the Website if we will detect any violations from your end. In this case, you do not have the right to refund your funds or restore access.

4.4. We have the right to restrict your access, immediately without previous notification, to the Website if any unapproved modifications to the Webiste are detected from your side.

 

5. THIRD-PARTY’S LINKS

5.1. The Website may contain links to third-party web sources. Such linked websites are not under our control, and we are not responsible for their content.

5.2. We have the right to cooperate with third parties and provide your personal data to third parties without written permission from your side who used/clicked the third party’s link on the Website.

 

6. OWNERSHIP; PROPRIETARY RIGHTS OF SÄKER

6.1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Website (hereinafter – “the Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. 

6.2. All Materials contained on the Website are the property of Säker.

6.3. If the Website contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of Säker and Säker doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Website according to the procedures defined in the Digital Millennium Copyright Act (hereinafter – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter – “EUCD”).

6.4. We do not claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides and remain the property of the original copyright owners.

6.5. Except as expressly authorized by us in writing, you may not make use of the Materials. 

6.6. We reserve all rights to the Materials not granted expressly in this Terms.

 

7. PROHIBITED USES

7.1. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by this Terms. You may not use the Website in any manner that could damage, disable, overburden, disrupt or impair any of our servers or APIs, any networks connected to any of our’s servers or APIs, or that could interfere with any other party's use and enjoyment of the Website. 

7.2. You may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Website. 

7.3. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Website, including on any API calls, or otherwise use the Website in a manner that violates any of our documentation or user manuals. 

7.4. You and/or any other third parties may not attempt to gain unauthorized access to any websites, other accounts, computer systems, or networks connected to any of our servers or the Website through hacking, password mining, or any other means. 

7.5. You and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

7.6. You and/or any other third parties may not use the Website in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.

 

8. INDEMNITY

  • You agree to be responsible for using the Website and the Goods, and you agree to defend, indemnify, and hold harmless Säker and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (hereinafter collectively, “the Officers”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with 
  • (i) your access to, use of, or alleged use of the Website; 

    (ii) your violation of this Terms or any representation, warranty, or agreements referenced herein or any applicable law or regulation; 

    (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or 

    (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations concerning such matter), and in such case, you agree to cooperate with our defence of the such claim.

     

    9. DISCLAIMERS, NO WARRANTIES

    9.1. The Website is made available to you on an “as is” and “as available” basis, with the express understanding that we have no obligation to monitor, control, or vet the content or data appearing on the Website.

    9.2. You use the Website at your discretion and risk, and you take full responsibility for your safety and the safety of your payment information.

    9.3. We make no claims or promises about the quality, accuracy, or reliability of the Website and expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

     

    10. LIMITATION OF LIABILITY

    10.1. In any case, we will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Website or any materials or the Goods, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed about of the possibility of such damage.

    10.2. We, in any case, are not responsible for services provided to you by the third party who promoted on the Website.

    10.3. All risks related to your information, account, or accounts on other sources if you shared your data are not a part of our responsibility.

    10.4. You accept responsibility for using the Website and the Goods.

     

    11. GOVERNING LAW

    This Terms will be governed by the laws of Canada, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the personal and exclusive jurisdiction of the state courts in Canada to litigating all such disputes.

     

    12. CHANGES TO THIS TERMS

    12.1. We reserve the right to make modifications to this Terms at any time. Revised versions of this Terms will be posted on the Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted on the Website. 

    12.1.1. We are not obliged to inform you about changes in this Terms.

    12.2. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Website.

     

    13. PRICES

    13.1. Prices for our products are subject to change without notice.

    13.2. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

    13.3. We provide access to pay via third-party services like Google Pay, PayPal, ShopPay, etc.

     

    14. GOODS OR SERVICES

    14.1. Certain Goods or Services may be available exclusively online through the Website. These Goods or Services may have limited quantities and are subject to return or exchange only according to our Return Policy and legislation of Canada.

    14.2. We have made every effort to display as accurately as possible the colors and images of our Goods that appear online store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    14.3. We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or Services that we offer. All descriptions of goods or the Good's pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Goods at any time. Any offer for any Goods or Services made on this site is void where prohibited.

    14.4. We do not warrant that the quality of any Goods, Services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

    14.5. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. 

    14.6 If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

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

    For more detail, please review our Returns Policy.

     

    15. GENERAL

    15.1. This Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Website and the Services. 

    15.2. Use of section headers in this Terms is for convenience only and will not have any impact on the interpretation of provisions. 

    15.3. You have no rights to assign or transfer this Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. 

    15.4. We have the right to assign this Terms at any time without notice. 

    15.5. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Terms or any provision of this Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 

    15.6. If any part of this Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 

    15.7. You acknowledge that the Website is not intended to be technology protection measures that will help you to comply with the GDPR and CCPA. 

     

    16. COMMUNICATION AND NOTIFICATIONS

    16.1. The entire communication with us is electronic. Every time you send us an email or visit our Website and use our Services, you will be communicating with us. 

    16.2. You hereby consent to receive communications from Säker. 

    16.3. If you subscribe to the news on the Website, you are going to receive regular emails from Säker.

    16.4. We will continue to communicate with you by providing notifications through the Website, email or posting news on our social media. Links to our official social media you can find on our Website.

    16.5. You also agree that all electronic notices, disclosures, agreements, and other communications we provide meet the legal requirements that such communications be in writing.

    16.6. You agree to receive any notifications through the Website on your Device.

    16.7. Through the Website, you can contact us to receive support for the Services that you are using already. 

     

    17. MARKETS TERMS

    We grant you a not-limited, non-exclusive, non-transferable, non-sublicensable license to use the Website and the Services. We reserve all rights in and to the Website and Goods not expressly granted to you under this Terms. Except as expressly permitted in this Terms, you may not: (i) copy, modify or create derivative works based on the Website; (ii) reverse engineer, decompile or disassemble the Website and Goods.

     

    18. OTHER CONDITIONS

    18.1. If you do not agree to this Terms, you must not access or use the Website and the Services.

    18.2. We provide Services to you, which are subject to the conditions stated in this Terms. You follow all these conditions and rules every time you visit/use the Website using its Service.

     

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