Terms of Service and Privacy
Privacy and Personal Information
When you browse our website, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We use this along with your Personal Information to perform data analysis in order to improve our Services and enhance your overall experience. We may share your Personal Information with our affiliates and service providers who process it on our behalf when required for business purposes. These parties are legally obligated to maintain the confidentiality of the Personal Information thus communicated to them and their handling and use of the information is confined to the purpose for which such information was specifically communicated. Some of our service providers may be located outside of Canada and as such, their handling of your Personal Information is governed by applicable foreign laws.
We take reasonable steps to provide adequate and appropriate protection to your Personal Information through the use of physical, electronic and procedural safeguards. We retain your Personal Information only for so long as is necessary to fulfill the purpose for which it was collected and to meet our legal obligations, and will not disclose it without your consent or as required by applicable laws. We assume that you have consented to our reasonable collection and use of your Personal Information when you provide your Personal Information to us.
Your Use of Our Sites
We reserve the right to refuse service to anyone for any reason at any time.
You may use the Services and the Materials for your own personal, non-commercial use. That means you can use them to view and purchase products, and to engage with us and others through reviews or via our message submission form on our Contact Us or Bark At Us webpage. You cannot, however, use them for commercial purposes (for example, unless otherwise authorized you cannot resell or otherwise redistribute our products for commercial purposes), or to violate any applicable law or regulation.
In addition, you may not:
- access or use, or attempt to access or use, the Services or the Materials to take any action that could harm Barkersons or any third party or interfere with the operation of the Services;
- use the Services or the Materials with any device or software that could disable or impair the Services;
- use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Services or the Materials, or otherwise access or collect the Materials or data or information from the Services using automated means;
- cache or archive the Services or the Materials (except for a public search engine’s use of spiders for creating search indices);
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Services or the Materials;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or threatens our system or network security.
You agree to abide by all additional restrictions displayed on the Services, as they may be updated from time to time.
Purchasing from Barkersons
You may pause or cancel your subscription for our products at any time, subject to the restrictions set out elsewhere on our website. Please refer to our FAQs for questions regarding pausing and cancellation.
The Services may allow you to engage with us, for example, to submit a review, ask a question or make a comment, or provide us with your suggestions (“your content”). For example, you could send us a photo or video of you and/or your dog enjoying our products or write on our Facebook page. You always remain the owner of your content. Please make sure that you own or are licensed to send us all of your content, meaning that you took the photo or video, or have permission to send us the photo or video, and that the photo or video is of you or by someone who consents to have the photo or video sent to us. By providing your content to us, you are agreeing that you are authorized to do so and that you are over 18 years of age. When you send us or otherwise post your content, you do so under the terms of the following license. You grant us (and those we work with) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use yours or your dog’s (or any other person’s) name, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account). We may display your content on the Services or otherwise use it in our marketing and promotional materials, and this license gives us the right to do so.
None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation. We reserve the right to remove any of your content for any reason, including if it violates the foregoing.
Links to Other Websites
Our Services contain links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as Instagram, Facebook, or Twitter). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.
You should be aware that there is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. Your use of the Services is at your own risk.
Our Intellectual Property
BARKERSONS and BAG OF BARKS and other marks displayed on the Services are trademarks owned by, or licensed to, Barkersons. All of the other Materials on the Services – including photos, descriptions of products, prices and blog posts– are owned by, or licensed to, Barkersons. You may not use such trademarks, or any of the Materials, in any manner that could indicate you own the trademarks, or those Materials, or that they are associated with you or anyone other than the applicable owner.
You agree to comply with all copyright laws worldwide in your use of the Services or the Materials. Barkersons does not grant you or any other person any express or implied rights under any patents, trademarks, copyrights, trade secrets or other intellectual property.
Products and Ordering
We strive to show our products as accurately as possible. Because monitor displays differ, however, we do not guarantee that the images of our products will accurately depict the products. Also, although we may display products through the Services, they may be out of stock at any time. In this case, Barkersons reserves the right to substitute products in its sole discretion without notice to you. In addition, please be aware that all prices are subject to change at any time.
You may order our products through the Services. When you do so, you are subject to our shipping policies and practices that appear at the time you place such order. We reserve the right to refuse or cancel any order you place with us, or restrict the quantities purchased per person. In the event we refuse or cancel your order, we will attempt to notify you using the information provided in connection with the order.
WE PROVIDE OUR SERVICES AND ALL OF THE MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES OR THE MATERIALS. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SERVICES ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES AND INCLUDING BUSINESS INTERRUPTION LOSSES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.
Compliance with Law
ACCESS TO THE SERVICES FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SERVICES AND USE OF THE MATERIALS.
Governing Law Governing Law
61B York Downs Drive
Toronto, ON M3H 1H7