Terms of Use

This document explains our (‘CAP Inc.’, ‘we’, ‘us’, ‘our’, or similar) position and specific conditions regarding your use of our Internet or ‘web’ site (‘Site’). By accessing this Site, you (the ‘User’, ‘you’, ‘your’, or similar) are agreeing to be bound by these Terms of Use, all applicable laws and regulations, the terms set out in the Privacy Policy, the terms set out in the Return Policy, the terms set out in the Cookie Policy, and agree that you are responsible for compliance with any applicable local laws.

References to ‘CAP Inc.’ in this document mean the Site owner, Class Art Productions Inc., as well as its affiliates, subsidiaries, divisions, and operational designees.

CAP Inc. conducts business from 2850 Lake Shore Boulevard West, Etobicoke, ON M8V 4A1 Canada. Our telephone number is (647) 483-4231. Our general e-mail is [email protected].

You can download and print this agreement by following this hyperlink or by using the ‘save page’ function on your browser.

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Each time you use this Site, you should visit and review the then current Terms of Use that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Terms of Use, your sole remedy is not to use this Site.

1.    Use Licence

  1. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on the Site;
  1. remove any copyright or other proprietary notations from the materials; and
  2. transfer the materials to another person or “mirror” the materials on any other server.
  1. This licence shall terminate in accordance with Section 17 ‘Termination’.

2.    Use of Information

CAP Inc. reserves the right, and User authorizes CAP Inc., to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the CAP Inc. Privacy Policy and Cookie Policy.

3.    Trademarks, Copyright and Restrictions

  1. BUDDY BELT, BB SPORT, POOPURSE and MULTI COLLARS (the ‘Trademarks’) are trademarks of CAP Inc. All other brand names, product names and trademarks are the property of their respective owners.
  1. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright law, trademark law and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

4.    Accounts

  1. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Site.
  2. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Site or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
  4. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

 

5.    Intended for Users Over 13 Years of Age

The safety of children is very important to us. Although this Site is intended for use by persons at least 13 years of age, CAP Inc. cannot prohibit minors from visiting our Site and must rely on parents and guardians (at least 18 years of age at time of use) to decide which materials are appropriate for children under 13. CAP Inc. will not knowingly collect personal information from children. Please see our Privacy Policy and Cookie Policy for more information.

 

6.    Indemnification

You agree to defend, indemnify and hold harmless CAP Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password, or b) a breach of these Terms of Use.

 

7.    Disclaimer

The materials on CAP Inc.’s Site are provided on an “as is” and “as available” basis. CAP Inc. makes no warranties, expressed or implied, and CAP Inc. disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CAP Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.

8.    Limitations

  1. In no event shall CAP Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to use the materials on the Site, even if CAP Inc. or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  2. CAP Inc. offers information, articles and advice to users of the Site through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, contact your regular veterinarian or local animal hospital.

9.    Revisions and Errata

  1. The materials appearing on this Site could include technical, typographical or photographic errors. CAP Inc. does not warrant that any of the materials on this Site are accurate, complete or current.
  2. CAP Inc. may make changes to the materials contained on this Site at any time without notice. CAP Inc.does not, however, make any commitment to update the materials.
  3. This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour. Note that the display of colour may depend, in part, upon the monitor you are using.
  4. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and CAP Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, CAP Inc. will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with CAP Inc.’s Return Policy.)
  5. Online prices, offers and selection may vary and are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers and any User.

10. Sales tax

Because CAP Inc. does business throughout the world and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate.

11. Paying for your order

  1. You may pay for your order with a debit card or major credit card, by using PayPal®, Google Checkout, or a check. We accept Visa®, MasterCard®, American Express® and Discover® Card and debit cards with a MasterCard or Visa logo.
  2. Generally, credit/debit cards are not charged by CAP Inc. until your order is ready for pickup, delivery or shipment (at which time you will be charged only for the goods in your completed order along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit/debit card issuer at the time you place the order, which may have an effect on your available credit.
  3. Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card or chequing account is charged is at the sole discretion of PayPal.

See our Return Policy for more details about returns.

12. Validating your order

  1. After you place an order using this Site’s shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address.
  2. CAP Inc. reserves the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If CAP Inc. rejects your order, we will attempt to notify you using the e-mail address you have provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.

13. Order acceptance / confirmation

Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CAP Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason.

14. Order limitations / limited quantities

CAP Inc. may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. Restrictions may include orders placed by the same Site account, the same credit/debit card and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the e-mail and/or billing address provided with your order. CAP Inc. reserves the right to limit or prohibit sales to any User.

 

15. Links

CAP Inc. has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CAP Inc. of the Site. Use of any such linked Web site is at the User’s own risk.

16. Site Terms of Use Modifications

CAP Inc. reserves the right to change or update these Terms of Use and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a User, you are responsible for regularly reviewing CAP Inc. Terms of Use, Return Policy, Privacy Policy, and Cookie Policyin order to remain informed of our practices and your obligations as you visit and use our Site. Our current Terms of Use constitute the entire agreement between you and CAP Inc. as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.

17. Termination

  1. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  2. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by CAP Inc. at any time. On terminating your viewing of these materials or on the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

18. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

19. Jurisdictional Issues

  1. Unless otherwise specified, the materials in this Site are presented solely for the purpose of entertainment and promoting products available in Canada and its territories. This Site is controlled and operated by CAP Inc. from its offices within the Province of Ontario. CAP Inc. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party, or CAP Inc. bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.

 

20. Additional terms governing resellers and distributors

 

a.    Exclusivity and Distribution

CAP Inc., does not offer special selling rights to any of our resellers and reserves the right to terminate any reseller relationship without notice.

b.    Trademarks

Resellers agree that their usage of the Trademarks as a trademark or in a business name or domain name shall enure to the benefit of CAP Inc. and that, upon termination of this agreement for any reason, all such domain name registrations shall be promptly assigned to CAP Inc. and all such business names shall be promptly cancelled or amended.

Upon the termination of this agreement for any reason whatsoever, resellers shall immediately cease any and all use of the Trademarks for their retail services and discontinue the sale of all goods and services in association with the Trademarks.

Following termination of this agreement, for any reason whatsoever, resellers shall not do anything inconsistent with the validity of the Trademarks or inconsistent with CAP Inc.’s ownership of the Trademarks. Without limitation, the reseller shall not use any of BUDDY BELT, or any word or design confusing with the Trademarks, either as a trademark or a trade name, or as an element in a trademark or a trade name.

  1. Terms & Conditions

All resellers, whether they purchase solely for their boutique/store or for resale in any other lines of trade, agree to work within the parameters of these Terms of Use.

  1. Customer & Dealer Lists

At any time, CAP Inc may request from reseller full disclosure of current and updated customer and dealer lists to which a reseller distributes our products for resale. Failure to fulfill this request will result in cancellation of a reseller’s selling privileges and termination of the reseller’s account.

  1. Master Distributor for China, Hong Kong & Macau

Resellers that wish to resell to wholesale/retail partners in China, Hong Kong and Macau., or resellers that are located in these areas, are required to communicate directly and solely with our Master Distributor for China. All such resellers must adhere to our Master Distributor’s list of minimum retail prices. Failure to do so will result in cancellation of a reseller’s selling privileges and termination of their account.

CAP Inc. reserves the right to terminate any reseller’s purchasing and selling privileges at any time.

  1. E-commerce, Auction Sites and Alternate Selling Sites Policy

Resellers are not permitted to resell our products on any website, other than their own e-commerce websites without prior written consent and approval from CAP Inc.

  1. Retail Pricing

CAP Inc. provides current pricing sheets to all resellers, including wholesale cost (buying) price as well as the MSRP (minimum suggested retail price), differentiated by their geographical location.

Whenever reasonably possible, resellers shall sell our products in their territory at such prices as CAP Inc. may reasonably suggest from time to time. Notwithstanding the foregoing, the reseller is under no obligation to accept such suggested resale price and the reseller may sell the products, at any reasonable price it chooses, having regard to its concern to develop and continually increase sales and to make a profit except, as stated above, with respect to China, Hong Kong and Macau. If, outside China, Hong Kong and Macau, the reseller does not sell the products at the prices suggested by CAP Inc., the reseller will not suffer in any way in its business relations with CAP Inc. or any other person over whom the CAP Inc. can otherwise influence or control.

  1. Drop Ship Policy

CAP Inc. does not support wholesale drop shipping accounts.

  1. Customs

For purchases shipped outside of Canada and US, reseller should consult the customs legislation of their country. CAP Inc does not take responsibility for duty fees, brokerage fees and shipment delays due to customs, if any.

 

21. Privacy policy, Cookie Policy, and Return Policy

Please refer to our Privacy Policy, Cookies Policy, and Return Policy. You agree that they constitute part of these Terms of Use.

22. Severability and entire agreement

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by CAP Inc..