BC Pet Registry
PET OWNER TERMS AND CONDITIONS OF USE
Last updated: March ▼, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BC PET REGISTRY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
These terms and conditions of use (the “Agreement”) constitute a legally binding agreement between you and The British Columbia Society for the Prevention of Cruelty to Animals (“BC SPCA”) which governs your access to and use of the web-based companion animal identification registry named the “BC Pet Registry” (the “BC Pet Registry”), which is accessed through an online interface located on the website (the “Website”) hosted at the following domain names: http://www.bcpetregistry.ca and http://www.bcpetregistry.com (together, the “Domain Name”), including any content, functionality and services offered though the Domain Name or any other website through which the BC SPCA makes its services available, and to any mobile, tablet and other application or program interfaces (collectively, the “Services”).
Your access to and use of the Services is conditioned upon your compliance with this Agreement. If you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access or use the BC Pet Registry.
This Agreement becomes effective immediately upon acceptance.
1. USE OF THE BC PET REGISTRY
1.1 License Granted
During the Term (as defined below), BC SPCA hereby grants to you a non-exclusive, non-assignable, non-transferable and revocable license to access and use the BC Pet Registry through a designated page on the Website for the sole purposes of registering your animals that have been implanted with a microchip or tattooed, or who have been registered with a city, municipality or other local government and granted a license number, whether by your veterinarian or any other person or entity, and for no other purposes.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in this Agreement. No licenses or rights, title or interest in or to the Services, or any content related thereto, are granted by implication or otherwise, except for the licenses and rights expressly granted in this Agreement. All rights not expressly granted are retained by BC SPCA. Any use of the Services not expressly permitted herein is a breach of this Agreement and may violate copyright, trademark and other laws. By using the Services you acknowledge that BC SPCA is the sole owner of the Services and all intellectual property rights therein.
1.2 Role of BC SPCA
BC SPCA is not an insurer, nor does it act as an agent in any capacity for any registered user, including you. If you choose to use the Services, you agree that you act exclusively for yourself and for your own benefit and not on behalf of or for the benefit of the BC SPCA.
The BC SPCA does not guarantee any outcome associated with the use of the Services, including any safety or suitability of the Services. Each user is responsible for exercising care and diligence when using the Services and you acknowledge that you alone decide whether or not to register information or otherwise use the Services and do so at your own volition.
The BC SPCA’s sole responsibilities are limited to making the Services available through the Website.
1.3 Availability, Errors and Inaccuracies
BC SPCA, at its sole discretion, reserves the right to withdraw or amend, even dramatically, the Website and the BC Pet Registry, and any service or material BC SPCA provides in connection thereto without notice. While BC SPCA will endeavor to make the Website and the BC Pet Registry available at all times, BC SPCA will not be liable if for any reason all or any part of the Website or the BC Pet Registry is unavailable at any time or for any period.
Due to the nature of the Internet, BC SPCA does not guarantee continuous and uninterrupted availability and accessibility of the Services. BC SPCA may also restrict the availability of the Services if it deems it to be necessary for any reason, in its sole discretion, including for the security of its servers, or to carry out maintenance of the Services. BC SPCA reserves the right to change or update information and to correct errors, inaccuracies, or omissions or to improve, enhance and modify the Services and introduce new Services from time to time, at any time, without prior notice.
1.4 Accessing the Services
You must register an account to access and use the Services. When you create an account you represent and warrant that all of the information provided to BC SPCA is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in termination of your account.
Once you register, you will be provided with a secure user name, password and other information as part of BC SPCA’s security procedures. You are responsible for maintaining the confidentiality and security of your account and password and you will not disclose it to any third party. You will immediately notify BC SPCA of any unauthorized use of your user name or password or any other breach of security of the Website or the BC Pet Registry which you become aware of. You will also ensure that you exit from your account using the proper sign-out procedures at the end of each session.
You agree to accept responsibility for any and all activities or actions that occur under your account. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent, for example, for failing to report unauthorized use or loss of credentials.
BC SPCA reserves the right to refuse service, terminate accounts, disable any user identification code or password, remove or edit content, and otherwise terminate your right to use the Services at any time in its sole discretion, for any or no reason, including, in BC SPCA’s sole opinion, your failure to comply with any provision of this Agreement.
1.5 Ownership of Intellectual Property
The BC Pet Registry, the Domain Name and the Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and all intellectual property rights therein, are owned exclusively by BC SPCA, its licensors or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The trademarks, logos, service marks and other names and icons identifying products and services on the Website are registered and unregistered trademarks of BC SPCA and others, and, except as expressly permitted by this Agreement, may not be reproduced without the prior written consent of BC SPCA. No right, title or interest in or to the BC Pet Registry, the Domain Name or the Website or any content on the Website is transferred to you under this Agreement or otherwise, and all rights not expressly granted are retained by BC SPCA.
1.6 Prohibited Uses
1.7 Breach of Terms and Conditions
If you use any part of the Services in breach of this Agreement, your right to use the Services may be terminated immediately by BC SPCA.
2. PET OWNER CONTENT
2.1 Ownership of Pet Owner Content
As part of your use of the Services, you may submit data and information for the purpose of registering your animal(s) (“Pet Owner Content”). You retain full ownership of your Pet Owner Content. However, BC SPCA requires rights to such information in order to be able to provide and administer the BC Pet Registry. You hereby grant to BC SPCA a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, copy, reproduce, de-personalize and prepare derivative works of the Pet Owner Content for the purposes of providing and administering the BC Pet Registry.
2.2 Responsibility for Pet Owner Content
BC SPCA does not endorse, represent or guarantee the completeness, truthfulness, accuracy or reliability of any of the Pet Owner Content, nor does it have an obligation to review any of the Pet Owner Content. You acknowledge that you are solely responsible for any Pet Owner Content which you submit or contribute, and you, not BC SPCA, will have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You hereby represent and warrant that all Pet Owner Content provided by you in connection with your use of the BC Pet Registry is and will be obtained in accordance with all applicable laws, including applicable privacy laws, and that you have obtained all required consents to provide such Pet Owner Content to BC SPCA for use in connection with the provision and administration of the BC Pet Registry. BC SPCA reserves the right at all times (but will not have an obligation) to, at its sole discretion, remove or refuse to accept or distribute any Pet Owner Content on the BC Pet Registry.
2.3 Use of Pet Owner Content
BC SPCA will use the Pet Owner Content only for the purposes of: (a) providing the products and services offered on the Website, including the BC Pet Registry; (b) disclosing information to veterinarians and other community partners in connection with the offering of the Services; (c) contacting you or the guardian of a lost animal to inform it, him or her if the animal has been located; (d) contacting pet owners who have registered for a subscription to the BC Pet Registry for the purpose of reminding them to update their information in the system; (e) contacting pet owners who have registered for a subscription to the BC Pet Registry for the purposes of informing such persons of the expiry of their subscription and providing them with their renewal options; (f) processing and responding to your inquires; (g) sales and marketing purposes across the BC SPCA and its affiliates; (h) administering, monitoring and controlling the use of the Services; (i) complying with lawful requests of governmental authorities; and (j) enforcing the terms and conditions of this Agreement. When you subscribe to the Services you agree that you are opting in to all marketing communications of the BC SPCA, until you elect at any time and from time to time not to receive such communications.
3. Links to Other Websites
3.1 No Endorsement of Third Party Products
The Services may contain links to third party websites, services or resources that are not owned or controlled by BC SPCA. These links are provided for convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Services. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of BC SPCA or its affiliates. BC SPCA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. BC SPCA does not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that BC SPCA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. BC SPCA strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services.
4. PAYMENT AND SUBSCRIPTION TERMS
4.1 Subscription Fees
When you register microchip, tattoo or license information for your animal(s) with the BC Pet Registry, the BC SPCA will charge you its then-current subscription fees as consideration for the use of the Services (“Fees”), except as noted in section 4.2 below. The current Fees are published on the BC Pet Registry website. All transactions will be processed in Canadian dollars. Unless otherwise provided, fees are non-refundable. If BC SPCA is unable to collect payment for any reason, BC SPCA reserves the right to suspend or terminate services.
You agree that the BC SPCA may monitor your registrations to the BC Pet Registry for the purpose of ensuring that you have complied with your payment obligations under this Agreement and contacting you in connection with your registration, including to provide notifications of any subscriptions that are approaching expiration.
4.2 Transfer of Subscriptions
If your animal has been implanted with a microchip by a veterinarian, an animal shelter or a humane society (from which you have adopted your animal(s)) that is a member of the Services, and such veterinarian, animal shelter or humane society registers the required details at the time of implantation, the subscription associated with such microchip will be transferred to you at the time of implantation, unless otherwise agreed to by you and the veterinarian, animal shelter or humane society. Registration and all payment arrangements for such implantation and the initial subscription (either one-year or during the lifetime of the animal, whichever is applicable) do not fall within the scope of this Agreement and are to be agreed upon between you and the veterinarian, animal shelter or humane society performing the implantation.
4.3 Payment Collection
BC SPCA will provide payment services to registered users via Shopify or any other third party payment service provider that BC SPCA may appoint at any time and from time to time in its sole discretion, including for payment collection in connection with the Services (including for the purpose of automatically renewing your subscription as authorized and directed by you from time to time), for processing refunds and for storing, managing and processing personal information associated with any of the foregoing (“Payment Services”). Via the Payment Services, you may provide or link financial instruments to your account in order to make payments. Any financial instrument information that is provided or linked to such account will be stored, managed and processed via the third party payment service provider and not by BC SPCA.
The Payment Services may contain links to third-party websites or resources which may be subject to different terms and conditions and privacy practices. You are responsible for reviewing these independently. BC SPCA is not responsible or liable for the availability or accuracy of these third-party services.
4.4 Fee Changes
BC SPCA reserves the right to change the Fees at any time so long as it provides 30 days’ notice prior to such change becoming effective. BC SPCA may modify the Payment Services and introduce new Payment Services from time to time, at its sole discretion.
5. SERVICES PROVIDED “AS-IS”
5.1 BC Pet Registry Provided “As-Is”
You acknowledge that the BC Pet Registry and Website are provided on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BC SPCA AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES, DISCLAIM ANY WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED. BC SPCA DISCLAIMS ALL LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE BC PET REGISTRY. ACCESSING THE BC PET REGISTRY FROM TERRITORIES WHERE SUCH ACCESS MAY BE ILLEGAL IS PROHIBITED. BC SPCA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE WEBSITE OR THE BC PET REGISTRY.
BC SPCA explicitly disclaims any warranties of merchantability, safety, fitness for a particular purpose, accuracy, timeliness, performance, suitability of information, non-infringement, and any warranties arising out of course of dealing or usage or trade, to the fullest extent permitted by applicable law. BC SPCA explicitly disclaims liability for any act or omission of any registered user or other third party and does not have any obligations or duties as an agent for anyone except as expressly set out in this Agreement. Any additional duties or obligations that may be implied by law are expressly excluded.
BC SPCA does not warrant that (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BC SPCA, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND. YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SERVICES.
You will indemnify BC SPCA and its directors, officers, employees, agents, partners, licensors and affiliates against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by BC SPCA directly or indirectly in respect of: (a) your negligence or violation of this Agreement; (b) the Pet Owner Content, including any claim that the Pet Owner Content was obtained in a manner which infringes the privacy rights of the individual from whom such data was obtained or that BC SPCA’s use of the Pet Owner Content violates applicable privacy laws; or (c) your use of the Services, or any other person accessing the Services using your account.
8. TERM AND TERMINATION
The term of this Agreement will commence on the date of this Agreement and will, subject to early termination, continue until it is terminated in accordance with its terms (the “Term”).
8.2 Termination on Default
BC SPCA may, at its option, immediately terminate this Agreement without liability to you by delivering a written notice to you upon the occurrence of any one or more of the following events: (a) if any proceeding is brought against or by you under applicable insolvency or bankruptcy laws; or (b) if you breach any of the provisions set out in this Agreement.
8.3 Termination for Convenience
Either party may terminate this Agreement at any time for any reason or for no reason by providing 60 days’ notice of its intention to terminate under this Section to the other party.
8.4 Obligations on Termination
Upon termination of this Agreement for any reason whatsoever, you will immediately cease using the Services. Sections 1.4, 2.3, 5, 6, 7, 8.4 and 9 of this Agreement will survive the expiry or termination of this Agreement for any reason.
9.1 Governing Law
This Agreement will be exclusively construed and governed by the laws in force in British Columbia and the laws of Canada applicable in British Columbia. Each of the parties irrevocably attorns to the jurisdiction of the Courts of British Columbia.
9.2 Waiver and Severability
BC SPCA’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain and continue in full force and effect.
9.3 Entire Agreement
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between you and the BC SPCA and governs the use of the Services, and supersedes and replaces any prior agreements that might have been in place between you and the BC SPCA regarding the Services, including but not limited to any prior versions of this Agreement.
9.4 No Assignment
You may not assign, transfer or delegate this Agreement and its rights and obligations hereunder without BC SPCA’s written consent. Notwithstanding the foregoing, you may transfer the license to use the Services to a new owner of your pet, your veterinarian or a humane society or animal shelter, provided that in the event of such transfer you agree that you will remain bound by the terms of this Agreement and responsible for all obligations owing pursuant to this Agreement. BC SPCA may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder at its sole discretion by providing notice of the assignment.
9.5 Changes to Terms
BC SPCA reserves the right, at its sole discretion, to modify or replace this Agreement at any time, including without limitation, any information, names, text, software, images, pictures, logos, trade-marks, functionalities, Services and any other material displayed on, offered through or contained on the Website from time to time.
If a revision is material, which is to be determined by BC SPCA at its sole discretion, BC SPCA will provide at least 30 days’ notice on the Website prior to any new terms taking effect. Continued access to or use of the Services after any revisions become effective, will constitute your acceptance and your agreement to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and should refrain from doing so.
If you have any questions about this Agreement, please contact BC SPCA.