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Important Notice!

These TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to each and every User visiting and/or using this Website, Content and/or Services. This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.ohmydog.com.hk, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by OH MY DOG & CO. These Terms of Service are made available on our Website. These Terms of Service constitute a single, legally binding document between you and OH MY DOG & CO., along with other supplemental documents you willingly entered into by expressing your consent. Expressing consent to certain terms may be as simple as clicking an “I agree” button, electronic signature, conclusive payment etc. By accessing and using OhMyDog.com.hk, You are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Your behavior on this Website is at ALL times governed and subject to these General Terms of Service and all possible supplemental documents, not excluding contracts which you have agreed to. Consent may be given in writing, orally, conclusively (with usage or visiting this Website), or by signing a document with a simple electronic signature (clicking an “I Accept” button)... Additional information or terms that are applicable to a specific sale or marketing may be displayed on Our Website and/or in a notice sent to and/or displayed at a place which is easily accessible or visible to the Users. This Website is owned and operated by a Sole Trader under applicable Hong Kong Governing Law,, and is, by all objective standards, a legally bound Service which does NOT promote hate speech, intolerance or any type of penal behavior under the relevant applicable law, international treaties on these subjects and universal guidelines on ethical behavior.

Definitions

References in these documents to “this Website”, “We”, “Us”, “Oh My Dog” mean OH MY DOG & CO. and its owner, or (if different) another Parent or Daughter company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity registering to bid in a Sale, utilizing OhMyDog.com.hk’s service. References to “Sellers” mean the person or other entity, who/which has published material for sale on OhMyDog.com.hk and is willing to conclude a sale or licensing agreement with a specific Buyer. References to “Buyer” mean Users which accept a Bidder’s offer in full, along with all contractual Terms submitted therein.

- WEBSITE TERMS AND CONDITIONS OF USE -

INTRODUCTORY PROVISIONS

These Terms and Conditions form a set of rules regulating your use of this Website. By using this Website, you find the Terms and Conditions reasonable, and fully accept them. If you do not accept the Terms and Conditions of use, or find them unreasonable, please stop using this Website, its’ content and its’ services. You must be of legal age in your country. By using this Website, you hereby warrant that you are of legal age. By using this Website, you find reasonable and further accept our Privacy Policy and – if subject to consent, any further documents you expressly agree upon while using this Website.

WEBSITE CONTENT

This Website’s Design, Logo, Functionality and Content are primarily original, unless stated or attributed otherwise. Note that content without attributions may be displayed, subject to a previous Licensing agreement between Oh My Dog and the author(s). Third Party content may also be displayed, in accordance to the provisions of our Privacy Policy. Note that these Third Party content may or may not necessarily be attributed, depending on the original Contract, Commission or Licensing Contract OhMyDog.com.hk has entered into with Third Party Websites. Nevertheless, the Website’s Content is gathered and produced in compliance with all intellectual property law standards. Copying, modifying and/or using the original and/or licensed Content on this Website is permitted only with the consent of the legal owner of the Content. Without proper express consent from the legal owner of the Content (licensing and/or sublicensing contract), one is NOT to: - Sell, rent or sublet content on this Website; - Republish material from this Website; - Copy, reproduce, duplicate, modify or recreate content from this Website (unless the content is expressly made available for these purposes); or - Redistribute this Website’s content (unless the content is expressly made available for this specific purpose). Any breach of Content and intellectual property towards Oh My Dog website or its’ Third Party Content displayed, or any other type of breach of substantive or case law provisions, sanctioned by Hong Kong applicable law may result in OhMyDog.com.hk, or legal owner of the Content, treating the issue in a way they see fit. Note that restrictions may be imposed upon the person committing the breach, as well as legal action against the individual or group involved in such a breach is not excluded.

SCOPE OF SERVICE. USAGE GUIDELINES. USER SUBMISSIONS

Our Website is to offer products in the form of subscriptions made by the Users. Oh My Dog is a Website service allowing Users to purchase a wide variety of dog recreational and nutritional products. Oh My Dog works to hand-pick the best possible products for your pet according to your stated preferences according to a survey you agreed to filling for us. Usage of this information is only possible in order to achieve a great customer satisfaction. For the purposes of this documents, users which successfully conclude a contract are to be called “Buyers”. Offers made to Buyers have the definitive prices and terms of purchase upon checkout. The price and specifications upon checkout are to supersede all previous specifications while browsing our Website. You are aware, and therefore compliant to these terms. Note that any active subscription plan is to be subject to automatic or manual renewal, depending on the terms set out in a dedicated area upon purchase of your subscription plan. For more information on billing and subscription plans, please visit our Privacy Policy.

Furthermore, every person will withhold of any actions that can cause or could cause damage to this specific Website, its’ content, functionality and/or accessibility. Everyone shall withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful behavior towards this Website or its’ functionality, and shall not, in any way promote this type of activity, under the penalty of civil and penal provisions of the applicable Hong Kong law. This Website is not to be used for distribution of Spyware, Trojan Horses, Rootkits, Keystroke Loggers or any type of Malware whilst utilizing this Website, under the penalty of the Hong Kong applicable civil and criminal provisions. One shall further withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scraping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under Hong Kong applicable law.

This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in paper or electronic form, in full compliance with the Privacy policy and Hong Kong governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations under these Terms and Conditions. Sanctioned by Hong Kong governing law, any misconduct and/or breach of these usage provisions will be treated as seen fit by OhMyDog.com.hk. Note that this does not exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. The aforementioned sanctioned misconducts are in the jurisdiction of an appropriate court or arbitrary body under Hong Kong applicable law.

For the purposes of this subsection, all forms communication between users and third-parties or between users and this Website’s administrators, including, but not limited to: listings, advertisements, comments, ratings or communications in the form of text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. You shall follow these guidelines while submitting Pictures on Oh My Dog’s Website: pictures may not be of poor quality, must not infringe copyright or other intellectual property rights, must not contain the face of a celebrity, must not contain violence or offensive languages and are limited to a certain file size, for which you will be noted while uploading a picture. Pictures or other Submissions may not contain any nudity, profanity, nothing pornographic, obscene or indecent. Along with the aforementioned guidelines, you must further follow these guidelines while submitting Profile pictures: A Profile picture must contain the Submitter’s face without any additional text or contact information, or (in the case one has been authorized to submit listings), a clear representation of one’s logo or business information or other picture connected with their respective field of work. OhMyDog.com.hk reserves the right to review your picture after Your Submission, prior to your giving consent for you to publish it. Please note that once shared, Pictures, Profile pictures and other Submissions are published and OhMyDog.com.hk cannot and does not guarantee any confidentiality regarding Your User Submission. Furthermore, you hereby warrant that Your User Submission has all the proprietary rights, including intellectual property rights. Upon sharing Your User submission, you retain your proprietary rights, and further grant OhMyDog.com.hk a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. OhMyDog.com.hk does not endorse any Submission or opinion, recommendation or advice expressed therein. OhMyDog.com.hk EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM User Submissions. OhMyDog.com.hk does NOT PERMIT intellectual property infringement activities on its Website or Software, and will consequentially remove any and all Content and/or User Submissions if properly notified of such breach. Please note that OhMyDog.com.hk may not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. OhMyDog.com.hk EXPRESSLY DISCLAIMS ANY LIABILITY arising from User Submissions. OhMyDog.com.hk does not permit intellectual property infringement activities on its Website, and will consequentially remove any and all Content and/or User Submissions if properly notified of such breach. OhMyDog.com.hk reserves the right to remove Content and User Submissions with or without prior notice.

RESTRICTION RIGHTS

OhMyDog.com.hk reserves the rights to: - Restrict access to certain areas of the Website, which are not meant to be available for visitors, consumers and/or users; - Further disable access to certain areas of the Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; - Restrict access to other areas of the Website, in case of violation of the Website’s provisions (see also: Privacy Policy). These restrictions are in full Oh My Dog’s discretion, and can be issued without explanation or notice; - Enable access to certain areas of the Website, providing Users with a User ID and Password, which are for your PERSONAL use. It is advised to keep these Credentials confidential, to prevent misuse by Third Parties; or - Suspension from visiting the Website

Your Account

Your Account If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. OH MY DOG & CO. additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.

OH MY DOG & CO. does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

DISCRETION

OhMyDog.com.hk further reserves the rights to: - Change guidelines of protection of users and/or visitors; - Change the way OhMyDog.com.hk displays content on its’ Website; - Change the Terms and Conditions, including (but not limited to) renewal of the regulations regarding Website usage. Thus OhMyDog.com.hk advises that visitors, consumers and/or users be acquainted with the renewed Terms of Service, as well as Privacy Policy; - Assign, transfer, change, sublet or otherwise dispose or deal with the rights and obligations of OhMyDog.com.hk without previous notice and without requiring your previous consent.

DISCLAIMER

OH MY DOG’S WEBSITE, CONTENT AND SERVICES ARE ALL PROVIDED “AS IS”. OHMYDOG.COM.HK DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. OHMYDOG.COM.HK, ITS’ EMPLOYEES OR OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL, PARTNERSHIPS OR REPRESENTATIONS LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS. THE AFOREMENTIONED LIMITATIONS ARE VOIDED IN THE EXCLUSIVE CASE THAT OHMYDOG.COM.HK HAS WILLINGLY VOIDED ITS LIMITATION OF LIABILITY IN A SPECIFIC SET OF TERMS AND/OR CONTRACT. LIMITATIONS APPLY IN THE CASE THAT OHMYDOG.COM.HK HAD BEEN ADVISED OF THE POTENTIAL LOSS. OHMYDOG.COM.HK DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES. FURTHERMORE, OHMYDOG.COM.HK DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. OHMYDOG.COM.HK IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF OHMYDOG.COM.HK’S ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY HONG KONG APPLICABLE LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH HONG KONG APPLICABLE LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH ENTIRELY.

CONTINUITY

These Terms and Conditions, as well as Privacy Policy constitute a comprehensive agreement between you and OhMyDog.com.hk, and are legally binding from their date of issue. Every older version of the Terms and Conditions, together with Privacy Policy are superseded with the issuing of a renewed version of these documents. By visiting this Website you are compliant with the Terms and Conditions, as well as the aforementioned documents which are in effect. If you are not compliant with this set of documents, please do NOT use this Website.

INDEMNITY

You hereby indemnify OhMyDog.com.hk and will withhold from exposing OhMyDog.com.hk from any expenses, including (but not limited to) damages, cost and losses, liabilities, amounts paid by OhMyDog.com.hk to a third party in a settlement, claim or dispute, losses suffered by OhMyDog.com.hk due to a breach (caused by you or a third party) of any provisions which are part of these Terms and Conditions or other binding documents such as our Privacy Policy.

PRO-VALIDITY CLAUSE

If a provision of these Terms and Conditions, or Privacy Policy is, or is found by an appropriate authority to be unenforceable under applicable law, which will not affect the enforceability of any other provisions of these specific Terms and Conditions.

JURISDICTION

These Terms and Conditions are constructed in compliance with Hong Kong applicable law. Any breach of these Terms and Conditions, as well as Privacy Policy, which will be handled by bringing up an action against an individual or group, will be subject to jurisdiction of appropriate court or arbitrary bodies under Hong Kong applicable law. If any provision of these Terms and Conditions is, or is found to be unenforceable by an appropriate authority under applicable law, that will not affect the enforceability of any other provisions of these Terms and Conditions.