BC PET REGISTRY
TERMS AND CONDITIONS OF USE FOR ANIMAL SHELTERS AND HUMANE SOCIETIES
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 are accessing and/or using the Services or entering into this Agreement on behalf of another individual, or as a representative, employee, consultant or agent of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind such entity, its affiliates and all authorized users of that entity to the terms set out in this Agreement. In this Agreement, you and your company and its affiliates and their authorized users will collectively be referred to as the “Community Partner”. If you do not have such authority, or 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.
These terms become effective immediately upon acceptance.
1. USE OF THE BC PET REGISTRY
Subject to the terms and conditions of this Agreement, the BC SPCA hereby appoints the Community Partner as an accredited affiliate organization of the BC Pet Registry, and the Community Partner hereby accepts such appointment.
1.2 License Granted
During the Term (as defined below), BC SPCA hereby grants to the Community Partner 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 one or all of the following, as may be applicable: (a) ordering supplies of microchips used for implantation under the skin of animals for the purposes of identifying animals using the BC Pet Registry (“Microchips”) on the terms and conditions set out in this Agreement; (b) searching the BC Pet Registry using Microchip, tattoo or license information of animals in the care of the Community Partner in order to reunite those animals with their guardians; (c) registering animals pursuant to identification programs and initiatives (including but not limited to microchip clinics); and (d) registering animals in the care of, or owned by clients of, the Community Partner who 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 the Community Partner or any other person or entity, and for no other purposes.
The Community Partner 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 the Community Partner acknowledges that BC SPCA is the sole owner of the Services and all intellectual property rights therein.
1.3 Role of BC SPCA
BC SPCA is not an insurer, nor does it act as an agent in any capacity for any registered user, Community Partner, nor any pet owner. If a Community Partner chooses to use the Services, it agrees that it acts exclusively for itself and for its 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 the Community Partner acknowledges that it alone decides whether or not to order Microchips from BC SPCA, register information, conduct searches or otherwise use the Services and does so at its own volition.
The BC SPCA’s sole responsibilities are limited to making the Services available through the Website.
1.4 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.
1.5 Accessing the Services
The Community Partner must register an account to access and use the Services. When the Community Partner creates an account it represents and warrants 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 the account.
Once you register, the Community Partner will be provided with a secure user name, password and other information as part of BC SPCA’s security procedures. The Community Partner is responsible for maintaining the confidentiality and security of its account and password and will not disclose it to any third party. The Community Partner will immediately notify BC SPCA of any unauthorized use of the Community Partner’s user name or password or any other breach of security of the Website or the BC Pet Registry which the Community Partner becomes aware of. The Community Partner will also ensure that it exits from its account using the proper sign-out procedures at the end of each session.
The Community Partner agrees to accept responsibility for any and all activities or actions that occur under its account. The Community Partner is liable for any and all activities conducted through its account, unless such activities are not authorized by the Community Partner and it is 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 the right to use the Services at any time in its sole discretion, for any or no reason, including, in BC SPCA’s sole opinion, failure to comply with any provision of these Terms.
1.6 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 the Community Partner under this Agreement or otherwise, and all rights not expressly granted are retained by BC SPCA. The Community Partner will give due prominence to the fact that the BC Pet Registry, the Domain Name and the Website are the property of BC SPCA and in the event that the Community Partner refers to the BC Pet Registry, the Domain Name or the Website in advertising, promoting or in any other manner, it will clearly indicate BC SPCA’s ownership of the intellectual property rights in and to the BC Pet Registry, the Domain Name and the Website.
1.7 Prohibited Uses
1.8 Breach of Terms and Conditions
If the Community Partner uses any part of the Services in breach of this Agreement, the Community Partner’s right to use the Services may be terminated immediately by BC SPCA.
2. COMMUNITY PARTNER CONTENT
2.1 Ownership of Community Partner Content
As part of the Community Partner’s use of the Services, the Community Partner may submit data and information for any of the following purposes: (a) registering animals pursuant to identification programs and initiatives (including but not limited to microchip clinics); (b) registering animals adopted from a Community Partner; and/or (c) registering stray animals in the care of a Community Partner, as well as the owner information applicable to those animals (“Community Partner Content”). The Community Partner retains full ownership of its Community Partner Content. However, BC SPCA requires rights to such information in order to be able to provide and administer the BC Pet Registry. The Community Partner hereby grants (or warrants that the owner of the Community Partner Content has granted) to BC SPCA a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, copy, reproduce, de-personalize and prepare derivative works of the Community Partner Content for the purposes of providing and administering the BC Pet Registry.
2.2 Responsibility for Community Partner Content
BC SPCA does not endorse, represent or guarantee the completeness, truthfulness, accuracy or reliability of any of the Community Partner Content, nor does it have an obligation to review any of the Community Partner Content. The Community Partner acknowledges that it is solely responsible for any Community Partner Content which it submits or contributes, and the Community Partner, not BC SPCA, will have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. The Community Partner hereby represents and warrants that all Community Partner Content provided by the Community Partner in connection with its use of the BC Pet Registry is and will be obtained in accordance with all applicable laws, including applicable privacy laws, and that the Community Partner has obtained all required consents to provide such Community Partner 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 Community Partner Content on the BC Pet Registry.
2.3 Use of Community Partner Content
BC SPCA will use the Community Partner Content only for the purposes of: (a) providing the products and services offered on the Website, including the BC Pet Registry; (b) contacting the Community Partner or the guardian of a lost animal to inform it, him or her if the animal has been located; (c) 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; (d) if applicable, monitoring the status of payment by the Community Partner for Microchips supplied by BC SPCA, if applicable; (e) processing and responding to the Community Partner’s inquires; (f) sales and marketing purposes across the BC SPCA and its affiliates; (g) administering, monitoring and controlling the use of the Services; (h) complying with lawful requests of governmental authorities; and (i) enforcing the terms and conditions of this Agreement.
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.
The Community Partner acknowledges and agrees 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 the Community Partner to read the terms and conditions and privacy policies of any third-party websites or services.
4. Payment and Delivery Terms
If a Community Partner registers information in respect of a Microchip that it ordered from the BC SPCA and subsequently implanted in an animal, or the Community Partner registers information of an animal pursuant to Section 4.8, the Community Partner acknowledges that the BC SPCA will charge its then-current subscription fees (as listed in the BC Pet Registry Shopify store) to the Community Partner as consideration for the use of the Services (“Fees”). 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.
4.2 Supply of Microchips
BC SPCA may supply Microchips to the Community Partner from time to time, free of charge (other than the shipping costs set out in section 4.3 below). The Community Partner agrees to use the Microchips supplied to implant in animals in its care, and for no other purpose. The Community Partner hereby grants to BC SPCA a security interest in the Microchips shipped to the Community Partner until such time as it implants such Microchips into animals in its care.
The Community Partner will implant one Microchip supplied by the BC SPCA in each animal that it puts up for adoption. The Community Partner will promote the BC Pet Registry to each person who adopts an animal from the Community Partner, and will recommend that such person register for the Services.
If the Community Partner elects to take advantage of the free microchip program and subsequently registers the microchip upon implantation, the Community Partner agrees that it will be charged the Fees for each registration it completes, all of which will be set out in an invoice prepared by the BC SPCA and delivered to the Community Partner at the end of each month. The Community Partner agrees to pay all invoices within 30 days of receipt.
Upon termination of this Agreement, the Community Partner will return to the BC SPCA all Microchips which have not been implanted in animals as of the effective date of such termination.
4.3 Shipping Costs
The Community Partner will pay all freight, shipment, insurance and other transportation expenses related to the shipment of the Microchips to the location specified by the Community Partner.
Unless otherwise agreed to in writing, all risk of loss or damage in respect of or to the Microchips that the Community Partner purchases and that BC SPCA ships will pass from BC SPCA to the Community Partner upon delivery of the Microchips to the Community Partner at the location specified by the Community Partner.
4.5 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, for processing refunds and for storing, managing and processing personal information associated with any of the foregoing (“Payment Services”). Via the Payment Services, the Community Partner may provide or link financial instruments to its 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. The Community Partner is responsible for reviewing these independently. BC SPCA is not responsible or liable for the availability or accuracy of these third-party services.
4.6 Past Due Fees
If BC SPCA is unable to collect any amounts owed under this Agreement, it may engage in collection efforts to recover such amounts. Amounts will be considered to be overdue when 30 days have passed since the first attempt to charge the funds owed was made. Amounts not collected within the foregoing time frame will be deemed to be in default.
4.7 Fee Changes
BC SPCA reserves the right to change the Fees at any time so long as it provides adequate 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.
4.8 Registration of Other Microchips, Tattoos and Licenses
The Community Partner will also have the option to register the microchip, tattoo or license information of animals in which it did not implant a BC SPCA-supplied Microchip. In such circumstances, if the Community Partner completes the registration it agrees that it will be charged the Fees, which will be set out on a monthly invoice delivered by the BC SPCA to the Community Partner each month. The Community Partner agrees to pay all invoices within 30 days of receipt.
5. SERVICES PROVIDED “AS-IS”
5.1 BC Pet Registry Provided “As-Is”
The Community Partner acknowledges 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 THE COMMUNITY PARTNER’S COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM THE COMMUNITY PARTNER’S USE OF THE WEBSITE OR THE BC PET REGISTRY.
5.2 Microchips Provided “As-Is”
BC SPCA provides the Microchips on an “as-is” basis and provides no express or implied warranties in respect of the Microchips. To the extent not prohibited by law, BC SPCA disclaims any implied representations, warranties or conditions in respect of the Microchips, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, title or non-infringement.
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. THE COMMUNITY PARTNER AGREES THAT ITS EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE BC PET REGISTRY.
The Community Partner 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) the Community Partner’s negligence or violation of this Agreement; (b) the Community Partner Content, including any claim that the Community Partner 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 Community Partner Content violates applicable privacy laws; or (c) the Community Partner’s use of the Services, or any other person accessing the Services using the Community Partner’s 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 the Community Partner by delivering a written notice to the Community Partner upon the occurrence of any one or more of the following events: (a) if any proceeding is brought against or by the Community Partner under applicable insolvency or bankruptcy laws; (b) a resolution is passed or order made or other steps taken for the winding-up, liquidation or other termination of the existence of the Community Partner; or (c) if the Community Partner breaches 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
The Community Partner will, at its expense, return to BC SPCA any unused sales literature and other such materials supplied to it by BC SPCA as well as any and all other supporting documents made available to the Community Partner by BC SPCA as soon as practicable after termination of this Agreement. In addition to the foregoing, upon termination of this Agreement for any reason whatsoever, the Community Partner will: (a) refrain from holding itself out as an accredited Community Partner of BC SPCA and the BC Pet Registry; (b) immediately cease using the Services;(c) return all unused Microchips to BC SPCA; and (d) pay all amounts owing by it to BC SPCA. Sections 1.5, 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 No Partnership
The relationship between BC SPCA and the Community Partner is that of licensor and licensee, each as an independent contractor. Nothing in this Agreement is intended to create or will be construed as creating a partnership, agency, association, fiduciary relationship or trust between the parties.
9.2 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.
9.3 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.
9.4 Entire Agreement
Except as they may be supplemented by additional terms and conditions, Policies, guidelines or standards, this Agreement constitutes the entire agreement between the Community Partner 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 the Community Partner and the BC SPCA regarding the Services, including but not limited to any prior versions of this Agreement.
9.5 No Assignment
The Community Partner may not assign, transfer or delegate this Agreement and its rights and obligations hereunder without BC SPCA’s written consent. 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.
9.6 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 acceptance and an agreement to be bound by the revised terms. If the Community Partner does not agree to the new terms, it is 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.