Version en vigueur dès le 07.01.2020
Pets Directory
L'Annuaire pour animaux
1. INTRODUCTION
These general conditions of use govern the use of the website www.pets-directory.com. These general conditions and the Privacy Policy, but without limitation, constitute a legal agreement between "you" (or "the user") and Pets Directory, the directory for animals by Emilie Fracheboud by simply consulting the site.
Pets Directory, the directory for animals by Emilie Fracheboud is the reference site in the animal field in Canada whose goal is to bring together all the good addresses and knowledge in the animal field in Canada. It allows pet owners to constantly get information and easily find the right address for their needs. As for business owners in the animal sector, they will be able to register on a unique platform dedicated to animals. They can then record any information they find relevant to their visibility on this website. Pets Directory, the directory for animals by Emilie Fracheboud offers services to support businesses registered in the directory to help them in their development and marketing.
You acknowledge that these terms and the policies of this site form two documents. Please read each of these two conditions and policies carefully before using the website.
2. ACCEPTANCE OF CONDITIONS
By accepting the Conditions, or by using the website or by placing a service order on this site or any social network referring to it, you agree to be bound, without reservation or restriction, by the terms and conditions of the Conditions. Access and use of the website is subject to full and unreserved compliance with these Conditions. If you do not wish to be bound by these Terms or if you do not accept them in full, you must refrain from accessing or using the Websites.
3. REGISTRATION OF ANIMAL ESTATE COMPANIES
Can register and subscribe to a subscription, all companies in the animal domain respecting the criteria below: Only the owner or manager has the right to register his business; The business that is registered must be in the animal domain; One of the aims of this enterprise must be to promote animal welfare and / or respect for animals and / or to sell products intended for animals; Registered business must have a physical or digital address in Canada These criteria may be subject to change at any time. These criteria entitle Pets directory - the Animal Directory to refuse to register a business.
In order to register his business, you will need to create a user account. To create this account, you will, for example, provide your first name, last name, email address, country of residence as well as a password. You may also be able to provide additional information to Pets directory - the Animal Directory to help us register your business and provide you with personalized advertising. You are responsible for maintaining the confidentiality of your user account and the password associated with it. In the event that the confidentiality of your user account is compromised, you must notify Pets directory - the Animal Directory as soon as possible in order to avoid possible fraudulent or unauthorized use of the latter.
Pets directory - the Animal Directory cannot be held responsible for unauthorized use of your user account and you agree to bear all responsibility for acts committed through the use of your user account, unless you close it or that you report abusive or fraudulent use of the latter. For any request to close your user account or to report improper or fraudulent use of it, please contact us
In addition, there are usually clauses relating to intellectual property in order to assign ownership of the content to the operator. The content targets, among other things, texts, multimedia elements (such as graphics and photographs), as well as any other similar element. The source code used to design the website as well as any other content that can be downloaded from the site may also be affected by this type of clause.
Pets directory - the Animal Directory reserves the right to suspend or close your user account at any time, at its discretion and without notice. For example, but not limited to, Pets directory - the Animal Directory may suspend or close your User Account if you fail to comply with the Terms, or if you use the website in a manner that could cause or that could cause damage to Pets directory - the Animal Directory, to engage its responsibility, to disrupt the activities of the website or to disrupt the use of the websites by third parties.
4. CONTENT OF THE USER
The Pets directory site - the Directory for animals offers certain functionalities allowing their users to contribute to the content of the latter, among others:
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(1) to evaluate and comment on the professionals registered on the site. Regarding this point, you retain the rights attached to your copyrighted content that you submit to us via the site and Pets directory - the Animal Directory declares that it will never claim to be the owner or the original author of your content. However, any inappropriate content may be removed at the convenience of Pets directory.
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(2) to evaluate and comment on the content published therein in the "blog" section. Regarding this point, you retain the rights attached to your copyrighted content that you submit to us via the site and Pets directory - the Animal Directory declares that it will never claim to be the owner or the original author of your content. However, any inappropriate content may be removed at the convenience of Pets directory.
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(3) to offer "pet friendly" places. The proposals that you submit to us will be studied and put online only if we agree that they meet our needs. You also have the choice of speaking about our site to the company concerned so that it registers. No rights will be due to you regarding this third point.
In addition, you represent and warrant to Pets directory - the Animal Directory that: However, by submitting your content through the website, you agree to Pets directory - the Animal Directory a non-exclusive, transferable, sublicensable, royalty-free, perpetual and global license to your content for any purpose (the "License") and you waive all of your moral rights in your content. Under this License, Pets directory - the Animal Directory may, but is not limited to, use, reproduce, store, adapt, translate, modify, create derivative works, transmit, distribute, perform in public and make available publicly available, through any media, your content.
In addition to granting the license described above, by submitting your content through the website, you: agree that your first name, first letter of your name, age group, city and country of residence may appear in connection with the dissemination of Your content and the use that Pets directory - the Directory for animals could make of this last under license; acknowledge and agree that Pets directory - the Animal Directory cannot be held responsible for any loss, damage or corruption of Your content. In addition, you represent and warrant to Pets directory - the Animal Directory that: Your content does not violate any intellectual property rights, including any copyright, of a third party; apart from any copyright-free content, you are the sole holder of all intellectual property rights, including copyright, in Your content or, where applicable, that you hold the holder's written permission in order to submit Your content; Your content contains no defamatory material, no obscenity and does not violate the right of a third party to privacy or image; Your content does not violate any law, act, ordinance or regulation that is applicable to you or that is applicable to Pets directory - the Animal Directory; Your content is not used to promote or advertise services, products, websites or organizations other than services, products, websites or organizations of Pets directory - the Animal Directory or does not constitute a chain of letters or any other form solicitation.
Your content is a reflection of your thinking, your preferences, your tastes and more generally your person. You should not suggest that Your content is endorsed by a third party unless specifically authorized to do so. You may not imply, imply or pretend that Pets directory - the Animal Directory approves, shares or endorses Your content, unless you are expressly authorized to do so. Pets directory - The Animal Directory may refuse or remove any User Content at its sole discretion and without notifying the original author. Pets directory - the Directory for animals does not endorse or approve User Content on the Website and excludes all liability and guarantees with regard to this content.
5. COPYRIGHT
Excluding User Content, all content created, developed, disseminated, communicated, developed, generated or reproduced on Pets directory - the Animal Directory (including texts, data, codes, illustrations, images and videos) as well that its selection, composition and arrangement (the "Content of Pets directory - the Directory for animals") belongs to Pets directory - the Directory for animals or is under license from third parties and may be protected by intellectual property laws , including the Copyright Act (RSC, 1985, c. C-42). When applicable, Pets directory - the Animal Directory reserves all of its rights in relation to the Content of Pets directory - the Animal Directory it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the elements making up the Content of the Pets directory - the Animal Directory, both partially and completely, without having obtained prior written permission from Pets directory - the Animal Directory. Despite the above, you may download, print and reproduce the Contents of Pets directory - the Animal Directory for personal use, for informational purposes, provided that you respect all copyrights or other intellectual property notices for Pets Directory Content - The Animal Directory and you cite the source URL for Pets Directory Content - The Animal Directory
6. TRADEMARK
Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on Pets directory - the Animal Directory may or may not be registered trademarks of Pets directory - the Animal Directory or third. Even if Pets directory - the Animal Directory may use certain third party trademarks under license, the display of third party trademarks on the Website does not presuppose any relationship or license between Pets directory - the Animal Directory and the owner of the trademark in question, nor the endorsement or endorsement of Pets directory - the Animal Directory of the goods, services or activities of the owner of the trademark in question. Nothing contained on the Website may be interpreted in such a way as to grant you a license or a right to use any logo, design or trademark of Pets directory - the Animal Directory or of a third party, without the written permission from Pets directory - the Animal Directory or the third party owner of a particular trademark.
7. SUBSCRIPTION TO PACKAGES
A User of the Pets directory website - the Directory for animals, owners of businesses in the animal sector can subscribe, online, as desired, to a package allowing them to obtain visibility and publicity via this site. To do this, the owner, manager or manager of the company must register on the site www.pets-directory.com. By registering, you accept and understand that: Price. You have the choice between two packages (Boost Package = $ 0 / month and V.I.P. Package = $ 15 / month or $ 180 per year). Prices are displayed in Canadian dollars. Unless otherwise indicated, prices include applicable sales taxes. Any subscription or order, whatever its origin, is payable in Canadian dollars. Prices are subject to change without notice. Payment. Payment for your subscription is made by credit or debit card Visa or MasterCard, via the secure Stripe online payment system. To simplify transactions, you will need to provide a payment for 12 months (1 year) to renew, if desired 15 days before the end of the subscribed year. You are solely responsible for the effective payment of the subscription purchased. In the event that your payment cannot be validated or processed, your registration will not take place. Therefore, we await receipt of payment to complete your online registration on our site. Pets directory - the Animal Directory will have no obligation to process your registration in the event that your payment has not been completed correctly, has not been received or is not complete. Pets directory - the Animal Directory is not responsible for payment problems related to the operation of the Stripe secure online payment system.
Confirmation of your subscription. The receipt by email of the confirmation of your subscription does not automatically mean that Pets directory - the Animal Directory accepts it and is not a confirmation of commitment to publish the information transmitted. Pets directory - the Animal Directory reserves the right, in its sole discretion, to cancel or refuse any subscription, for any reason, such as: the registered company does not meet the registration criteria (cited above); the information to be recorded is false; problems with processing your payment; Pets directory - The Animal Directory may also require additional verification or information before accepting any subscription. Pets directory - The Animal Directory will contact you in the event that your subscription is canceled or to obtain additional information necessary to accept your subscription. Processing your subscription. It will take you approximately 24 to 72 hours to register your business once your payment has been received. Subscription termination. If you are not satisfied with your subscription, you can terminate it at any time by contacting our Contact Service. When you cancel your subscription, thereby ending your initial commitment, you are entitled to a refund corresponding to the fixed price paid (including taxes), less the months during which your subscription was effective before your cancellation. Any amount less than $ 10 will not be refunded. Thus, your reimbursement will be calculated as follows: [(Subscription package cost) - (Number of months registered x Monthly price of the chosen package)] + applicable taxes = Your refund Example: You subscribed on 01.01.2020 to a V.I.P.Pass subscription at $ 30 per month, therefore you paid that same day $ 360 for your registration and advertising until 01.01.2021. on September 30, 2020, you wish to terminate your subscription. We will then reimburse you an amount of $ 90.
8. BUSINESS SERVICES
Pets Directory, the directory for animals by Emilie Fracheboud, through its company subscriptions, offers various services which aim to provide advertising and promotion of registered companies. Each service is offered to companies according to the package to which they have subscribed but is not necessarily usable.
Pets Directory, the directory for animals by Emilie Fracheboud makes every effort to offer a good service to companies, however, she is not responsible for the ineffectiveness or the return of this service.
It is possible for all companies to subscribe to a service individually at any time, even if it is not included in their subscription. It will then be billable.
Offered services
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Company page: offered to all companies registered in the directory, the number of information entered depends on the package subscribed
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Product testing: the company sends its product or offers its service to Pets Directory, the animal directory by Emilie Fracheboud so that the latter can test the product or service for free. In exchange Pets Directory, the directory for animals by Emilie Fracheboud will carry out photos, a blog article and a publication on her social networks in order to offer a beautiful image and publicity on the product / service in question.
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Business support: a list of professionals in marketing, administration, design, photography and accounting is offered and accessible at all times to members of the directory to support them in the development of their business. An interesting offer is offered by these professionals
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Facebook groups: Two Facebook groups are open to directory members in order to 1) offer them quick access to directory information dedicated only to professional members 2) offer them the unique possibility of being able to publish their job offers.
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Events and offers: Pets Directory, the directory for animals by Emilie Fracheboud offers companies the possibility to publish their offers and events directly on the directory in order to reach more customers. These offers and events will also be published on our social networks.
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Advertising inserts: companies have the possibility to advertise directly on our advertising inserts on the site but also on the printed directory.
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Printed directory: Each fall, Pets Directory, the directory for animals by Emilie Fracheboud offers an annual volume of the directory. All companies registered online will be represented there. This directory is available in e-book and printed version.
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Company week: Pets Directory, the directory for animals by Emilie Fracheboud offers a week dedicated to a company during which several services such as blog post, social network sharing, webinar, contests, facebook publications can take place (at choice of company).
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Month of the refuge: this month is similar to the week of the company but is dedicated to shelters and NPOs. A collection of financial and material donations is also offered to the refuge.
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Throughout the year, offers are also offered to companies in order to always renew our offers (Christmas project, ...)
9. SERVICES FOR ANIMAL OWNERS AND SITE USERS
Our directory is a unique service for pet owners. It offers access to a directory of companies in the animal industry but also places and other companies that welcome animals in Canada.
Pets Directory, the directory for animals by Emilie Fracheboud offers products for sale on a temporary basis with the aim of highlighting registered businesses and making them known to animal owners.
All paid services are not refundable.
8. YOUR OBLIGATIONS By using the Websites, and without limiting the scope of what is otherwise provided in the Conditions, you agree (i) to comply with all the laws which are applicable to you in your territory of residence, (ii) to provide us with accurate information and to keep them up to date and (iii) to use the Websites in a reasonable and responsible manner. Furthermore, you agree not to: use the Websites for illegal or illicit purposes; create or give the impression of a false identity on your User Account or create, without authorization, a User Account for anyone other than yourself; use or attempt to use, without being authorized, the account of another user; violate the intellectual property rights of Pets directory - the Directory for animals or others, including patents, trademarks, trade secrets, licenses, copyrights or other proprietary rights;
monitor the availability, performance or functionality of the Websites for competitive purposes; use software, devices, manual or automated coding robots or other means to access, decompose, analyze or index the functionality of the Websites or any service, data or related information; make defamatory, abusive, or threatening or unlawful harassment, usurp the identity of another person or intimidate another person, or present your relationships with a person inaccurately or deliberately incorrectly, in particular by using an address email or similar nicknames, or by creating false accounts or by any other means or scheme; transmit a code of a destructive nature likely to damage, surreptitiously intercept, expropriate a system, data or personal information or even to interfere in a harmful way with these; make obscene remarks or use explicit language or profanity; display advertisements for your business, your products or those of another person or any other type or form of spam; circumvent any security functionality of the Websites; use the Websites for a purpose for which it is not intended.
If Pets directory - the Animal Directory has reasonable grounds to believe that you are failing to comply with the obligations mentioned above, or any other obligation stipulated in the Conditions, Pets directory - the Animal Directory may, in its sole and entire discretion and without notice, suspend your right to use the Websites or limit your access to them in any other way that it deems appropriate
10. LINKS TO THIRD PARTY SITES
You will find on the Websites several hyperlinks to other websites which are not under the control or responsibility of Pets directory - the Animal Directory. Pets directory - The Animal Directory has no means of controlling these websites and is not responsible for the availability, reliability or legality of such websites, nor does it guarantee it. Pets directory - The Animal Directory does not endorse or endorse the content to which these websites provide access and excludes all liability and guarantees in relation to them. Users accessing third party websites do so at their own risk. Pets directory - the Animal Directory reserves the right to insert advertisements on all websites, messages which may give rise to links to other websites. Pets directory - The Animal Directory does not endorse, endorse, or be responsible for any ideas, opinions, products, services, or more generally, the content conveyed in advertisements and on websites third parties to which they give access.
11. IDEAL SUBMISSIONS
Any comments or suggestions regarding the Websites, their functionality or the commercial activities in which Pets directory - the Animal Directory is or could be engaged that you can send to Pets directory - the Animal Directory may be used, adapted or implementation by Pets directory - the Directory for animals without any obligation of remuneration or any other form of remuneration. You acknowledge that your comments, suggestions, ideas or proposals relating to the Websites, their functionalities or the commercial activities in which is engaged Pets directory - the Directory for animals, which you submit to Pets directory - the Directory for animals (to except User Content) (the "Suggestions"), are not confidential, do not belong to you and may be disclosed, used, adapted or applied by Pets directory - the Animal Directory without any obligation of remuneration or any other form of retribution.
12. DISCLAIMER OF WARRANTIES
The Websites and all of the content therein are provided as is. When you use the Websites, you acknowledge and agree that you do so entirely at your own risk. The Websites may be abandoned or their access may be interrupted at any time by Pets directory - the Animal Directory or otherwise. Pets directory - the Animal Directory does not make any declaration or guarantee as for the contents, services or functionalities offered on the Websites or as for the Content of the Users being there, including, in particular: as to the accuracy, availability, completeness, reliability, negotiability or timeliness of the Websites; as to the functioning or accessibility of the Websites without interruption or error; as for the correction of faults or errors in the Websites; as to the absence of viruses or harmful elements on the Websites; as to the secure transmission or without interception of communications via the Websites.
13. LIMITATION OF RESPONSIBILITIES
To the fullest extent permitted by applicable law, Pets directory - the Animal Directory and its officers, directors, employees, agents and their respective successors and assigns, shall in no way be held liable for any loss or damage to the nature or relating, in particular, to an invasion of your private life, a loss of business or a loss of profit, whatever its cause, and whether or not it is based on a contract (including failure to fulfill an essential obligation), these Conditions, civil liability (including negligence) or otherwise, even if Pets directory - the Animal Directory knew or should have known of the possibility of such damage. Furthermore, Pets directory - the Animal Directory has no obligation to keep or store searches, preferences or any other data that you publish or save from time to time on the Websites and cannot be held responsible for any loss or damage resulting from loss of this data. If you decide to visit or use a website linked to the Websites, hardware, software, goods or services offered from a website linked to the Websites, you do so entirely at your own risk and perils.
14. INDEMNIFICATION
Pets directory - the Animal Directory is not responsible for your content that you generate on the Websites nor for the actions that you take or refrain from taking in connection with the Websites (your "Acts"). You agree that your Acts are under your sole responsibility and acknowledge having done so with full knowledge of the facts. Pets directory - the Animal Directory cannot be held responsible for any violation of the Terms that you may have committed. Consequently, you will take up the cause for Pets directory - the Directory for animals and its subsidiaries, parent company, directors, agents, representatives, administrators, employees and business partners in the event that legal proceedings are instituted against it following a violation Conditions that you have committed or that anyone having access to your user account has committed. In all cases, you agree to indemnify and hold harmless Pets Directory - the Animal Directory, its subsidiaries and affiliates, administrators, officers, agents, representatives, employees and business partners for losses , obligations, claims, claims, damages, costs and expenses of any kind, including reasonable attorneys' fees, in connection with your Deeds and any violation of the Terms, any law or the rights of an third.
15. JURISDICTION AND APPLICABLE LAWS
The Conditions are governed by and interpreted by the laws of Quebec and those of Canada applicable therein, without regard to the principles of conflict of laws. This paragraph does not apply to consumers in the province of Quebec (Canada), to whom the Consumer Protection Act (Quebec) rather applies (chapter P-40.1). You accept and irrevocably acknowledge the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal in relation to any litigation arising arising from or relating to the Conditions, elect domicile and waive any objection based on the absence of territorial jurisdiction or any request based on the concept of forum not convenions
16. DIVISIBLITY
Each of the provisions of the Conditions is individual and distinct and, if any of the Conditions were found to be invalid, illegal or unenforceable, all of the other provisions of the Conditions would remain in full force and effect.
17. WAIVER
The fact that Pets directory - the Animal Directory does not insist on the full performance of an obligation under these Conditions or exercise a right conferred on it will not be considered a waiver of the performance of that obligation or that right. Any waiver by Pets directory - the Animal Directory of a right conferred on it under these Conditions will only be valid if it is established in a signed document and will only be valid with regard to the right and the circumstances expressly referred to by this waiver.
18. INCESSIBILITY
You may not assign or delegate any rights or obligations under the Terms without the prior consent of Pets directory - the Animal Directory.
19. RETROACTIVE EFFECT
The first version of the Conditions having been put online on November 14, 2016 (the “Date of online publishing”), you accept and acknowledge, when applicable, upon your initial acceptance of the Conditions, that any use, any content contributed and any act or omission relating to the Websites that relates to a period prior to the Date of online publication, is retroactively subject to these Conditions.
20. MODIFICATION
Websites are a dynamic and evolving environment subject to change. Pets directory - the Animal Directory may revise the Conditions at its sole discretion by simply updating this page or the pages where the provisions of the Conditions to be amended are found. It is your responsibility to consult the Terms on a regular basis to be aware of any possible changes that may be made to them. Despite the above, Pets directory - the Animal Directory will notify Users of any modification to the Conditions at least 30 days before it comes into force. If you do not agree with one or more modifications to the Conditions, then you must cease all use of the Websites and, if necessary, close your User Account. Continuing to use the Websites or not closing your User Account after Pets directory - the Animal Directory has published the changes will constitute your acceptance of the changes to the Terms.
21. PROPERTY
The Company is the exclusive owner of all intellectual property rights both on the structure and on the content of the Site and the databases it contains, or has regularly acquired the rights allowing the exploitation of the structure, the databases and the content of the Site. In particular, any element reproduced on the Site, of whatever nature (texts, images, sounds, photos, videos, music, databases, data, logos, brands, software, content, codes, layouts etc.) is protected by intellectual property rights and is the exclusive property of the Company and / or its partners. Consequently, any reproduction (including by downloading, printing, etc.), representation, making available, adaptation, modification, translation, transformation, distribution, synchronization, integration into another site, commercial exploitation or not, and / or reuse of in any way whatsoever of all or part of the elements appearing on the Site is strictly prohibited without the prior written authorization of the Company. The consultation and use of the Site does not confer any intellectual property rights on the User on any element appearing on the Site. The legal provisions which are imperatively applicable in Canadian law are reserved.
this text was translated from the original text in french. it may present some context error.