Welcome to Open Farm’s website. Open Farm Inc. and its affiliates (“Open Farm”) urge you to carefully review these Terms and Conditions of Use ("Terms") as they contain the legal terms and conditions that govern your use of and access to the websites and online services that Open Farm operates which include Openfarmpet.com, our other websites and any mobile sites, applications, widgets, and other interactive features; services that we may offer such as rewards programs, surveys, polls, contests, sweepstakes; our official social media pages that we control; subscribers to our mailing lists; and any email, text or other electronic communications that we send to you (collectively our “Sites”). We hope you find our Sites informative and enjoyable.
Please read the below Terms carefully. Your use of our Sites is subject to these Terms.
- Acceptance and Modification of Terms: By accessing any of our Sites, you agree to these Terms and to our Privacy Statement which is incorporated herein by reference, and to any additional rules that we may post on our Sites. We may make changes to these Terms from time to time and may notify you by posting a revised version on our Sites or otherwise providing you with adequate notice. Your continued access or use of our Sites following changes to these Terms will constitute your acceptance of any changes to our Terms. You acknowledge that you have reviewed these Terms in their entirety, that you agree to these Terms in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you. You may also be asked to re-acknowledge and re-accept these Terms following any material changes. If the modified Terms are not acceptable to you, your only recourse is to cease using our services and our Sites. Open Farm reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
- Intended Use of Our Sites: Our Sites are intended for personal, non-commercial use and may not be exploited in connection with any business or commercial purpose, even for non-profits, without the prior express written permission of Open Farm.
Open Farm welcomes all individuals to its Sites. However, certain features of our products and services, our Sites, or Content (defined below) may have age or geographic restrictions or otherwise be limited by applicable laws. Where such restrictions apply, you may be required to provide certain verification information before proceeding. By using our Sites, you agree that you are of legal age to enter into these Terms or have obtained parental or legal guardian consent to do so. We reserve the right to refuse service to anyone for any reason at any time.
Open Farm is based in Toronto, Ontario, Canada and is an international business and our Sites may be accessible on an international basis. Open Farm makes no claims that the Sites, any Content or User Content are appropriate or may be transmitted, used or installed outside of Canada and the United States. Access may not be legal by certain persons or in certain countries. If you access the Sites from outside of Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you are located in the European Union, or elsewhere outside of Canada or the United States, please be aware that information we collect may be transferred to and processed in Canada or the United States or other territories in which the privacy laws may not be equivalent to or as comprehensive as those in the country where you reside and/or are a citizen. We encourage you to refer to our Privacy Statement.
- Nutrition & Well-Being Information: Certain Content presented on our Sites is intended to impart general pet nutrition, pet fitness and pet wellness information. Such informational Content is not intended to be construed as or be a substitute for professional veterinary advice, diagnosis or treatment. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding your pets’ medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Sites, our products or our services.Using our Sites is solely at your own risk.
Content is owned by Open Farm, our affiliates or our licensors, and is protected by copyright, trademark and other laws and regulations of Canada, the United States and foreign jurisdictions. You may not use Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express written permission.
Our Sites and their Content are protected by copyright law as well as other intellectual property rights. In particular, our Content and the Sites display the trademarks, names, slogans, logos, characters and service marks ("Trademarks") that belong to Open Farm or have been licensed to us. Nothing contained on our Sites should be construed as granting any license or right to use any copyright or Trademark displayed on our Sites. Your use/misuse of the Trademarks or the copyrighted Content displayed on our Sites, except as provided in these Terms, is strictly prohibited.
Open Farm will aggressively enforce its intellectual property rights to the fullest extent of the law, including monetary damages, civil penalties, and criminal prosecution. All rights not expressly granted herein are reserved.
- User Content Submissions: Open Farm may include features on our Sites that allow you to share your communications or content (“User Content”) with us and with other users of our Sites. You agree you will not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms. By submitting or otherwise exchanging User Content with us, you understand that all such information, whether publicly posted or privately transmitted, is the sole responsibility of the individual or person that submitted such User Content. You further agree that such User Content will not be considered or treated as confidential and may be seen, read, used or re-transmitted by Open Farm or other users of our Sites. You explicitly represent and warrant that you are the owner of any User Content that you submit or cause to be submitted or have all rights and licenses necessary regarding such User Content and hereby grant Open Farm a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Open Farm may sublicense its rights to any User Content through multiple tiers of sublicenses and you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content.
Open Farm is under no obligation to monitor or use any User Content. If you elect to provide such User Content to us via the Site, Open Farm has no obligations to you with respect to such ideas or suggestions and may use them, or not use them, in our sole discretion and for any purpose whatsoever.
- User Obligations: In using our Sites and providing User Content, you agree that we exclusively reserve the right to control the Content available on our Sites and understand that we will comply and cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has posted information or materials to our Sites. While we may monitor the Content on our Sites, including User Content, we are under no obligation to do so and assume no responsibility or liability arising therefrom.
You further agree that you are prohibited from posting or transmitting, through or in connection with the Sites:
- Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Any virus, worm, Trojan horse, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
- Any material non-public information about a party without the proper authorization to do so
In addition, you will not use our Sites:
- For any fraudulent or unlawful purpose;
- To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including rights of privacy or publicity, or harvest or collect Personal Information about other users;
- To impersonate any person or entity, including Open Farm or any of our affiliates or users;
- To falsely state or otherwise misrepresent your affiliation with any person or entity;
- To express or imply that we endorse any statement or posting you make, or any products or services you may offer;
- To interfere with or disrupt the operation of our Sites or the servers or networks used to make the Sites available, or violate any requirements, procedures, policies or regulations of such networks;
- Restrict or inhibit any other person from using the Sites, including by hacking or defacing any portion of the Sites;
- Use the Sites to advertise or offer to sell or buy any goods or services without our express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Sites;
- Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Sites;
- Remove any copyright, trademark or other proprietary rights notices from the Sites or from materials originating from the Sites;
- Frame or mirror any part of the Sites without our express prior written consent;
- Create a database by systematically downloading and storing all or any Content from our Sites; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of our Sites, without our express prior written consent.
Other websites may link to our Sites, with or without our authorization, and we reserve the right to block or disable any links to or from our Sites at any time and for any reason. In general, Open Farm does not object to links to our Sites from third party websites. However, all links to any third party website are subject to these Terms.
- Accounts, Passwords & Security: Certain areas of our Sites require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of our Sites, or any features at all.
If our Sites require you to create an account or otherwise submit information, you must complete the specified process by providing Open Farm with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Open Farm immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to our Sites. Open Farm is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Open Farm reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
- Use of Credit Card: If you wish to purchase any product or service made available through our Sites, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
- Standard Purchases. Upon completing the applicable form associated with the purchase of the product(s) that you have added to your shopping cart, and upon providing the requisite registration data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the product(s), plus applicable shipping fees and sales tax.
- Subscription Purchases / Cancellation: Where you register for the subscription option in order to obtain your selected product(s) automatically, pursuant to your selected schedule (your “Plan”), your Active Credit Card will be charged the applicable amount on a periodic, recurring basis every time your selected product(s) is shipped to you pursuant to your Plan. You acknowledge and agree that Open Farm will not obtain any additional authorization from you for these recurring payments. Every time that your product(s) are shipped to you in connection with your Plan, you re-affirm that Open Farm is authorized to bill to your Active Credit Card and to have the fees applied to same. The price charged for a product(s) in your Plan may be changed at any time by Open Farm, in its sole discretion. If this occurs, Open Farm will contact you notifying you of the change in price at least two weeks before shipping the next order pursuant to your Plan. You may cancel your Plan at any time by speaking with a customer service representative or through our Sites. Other than where we decide in our sole discretion, we will not refund fees paid prior to the termination date and you will remain liable for any unpaid charges previously billed to your Active Credit Card.
- Returns: We accept returns of purchases made on our Sites within fifteen (15) days of any such purchase in accordance with our Return Policy. For a full description of our Return Policy, please click here.
- Pricing & Currency: To better serve our customers, Open Farm has developed unique pricing for each of its products for both the U.S. and Canadian markets. If you are a customer buying Open Farm products in Canada (or ordering product(s) to an address in Canada), you will pay Open Farm’s Canadian dollar retail prices (“Canadian Prices”). If you are a customer buying Open Farm products in the U.S. (or ordering product(s) to an address in U.S.), you will pay Open Farm’s U.S. dollar retail prices (“U.S. Prices”). The prices displayed to you on our Sites will be quoting our Canadian Prices (denominated in Canadian dollars) if you are visiting our Sites from a Canadian IP address or if you select our Canadian portal by clicking the “Canada” button in the footer of our Sites. The prices displayed to you on our Sites will be quoting our U.S. Prices (denominated in U.S. dollars) if you are visiting our Sites from a U.S. IP address or if you select our U.S. portal by clicking the “USA” button in the footer of our Sites. Orders shipping to Canada will only qualify for the Canadian Prices and orders shipping to the U.S. will only qualify for the U.S. Prices. Open Farm reserves the right to change its Canadian Prices or U.S. Prices at any time in its sole discretion.
- International Markets: At this time, Open Farm only fulfills orders to Canada and the Continental USA. It does not ship to international markets, nor does it ship to Hawaii or Alaska.
- Risk of Loss: All items purchased from Chewy are made pursuant to a shipment contract. This means that risk of loss and title for such items pass to you upon our delivery to the carrier.
- Limitation of Liability: The use of our Sites, User Content and Content is at your own risk and they are provided "AS IS" without any express warranties or representations of any kind. Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of our Sites, including information you provide to us on our Sites.
Open Farm does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.
TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN FARM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ITS SITES OR THE USE OF ITS SITES. WE DO NOT PROMISE THAT OUR SITES, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH OUR SITES WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. OPEN FARM FURTHER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES, THAT OUR SITES AND ANY OF THEIR FEATURES WILL BE AVAILABLE OR THAT ACCESS WILL BE UNINTERRUPTED OR SECURE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In no event shall Open Farm, the Sites, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Open Farm shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to the lesser of the total amount paid by you to access and use our Sites or U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Sites, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
- Indemnification: Except to the extent prohibited by law, you agree to defend, indemnify, and hold Open Farm, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with our Sites or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms.
- Termination and Access Cancelation: If you breach any of these Terms, Open Farm has the right, at its sole discretion and without prior notice of refund of any fees, to suspend or disable your access to our services or our Sites. We may terminate your access to our services or our Sites at any time, without cause and you agree that we will have no liability to you if we do. If we disable your access, you will not be able to reestablish access without our permission. We are under no obligation to continue to support our services or our Sites in any way or to provide you with updates or error corrections. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to support our services or our Sites. If you have registered with us for any services, you may cancel your account with us at any time by contacting us.
- Sweepstakes, Contests and Promotions: Open Farm or its authorized partners may operate sweepstakes, contests, and promotions ("Promotions") through our Sites. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate, as they may contain additional important information about Open Farm’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion.
- Controlling Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions. You expressly agree and personally submit to the exclusive jurisdiction of the courts of the Province of Ontario to adjudicate and resolve any dispute with Open Farm, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Sites, including actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Content, or User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT PROVINCE OF ONTARIO IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
- Enforcement and Severability: The failure of Open Farm to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Open Farm representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Questions or comments regarding our Sites, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to Open Farm Inc., 98 Dupont Street, Toronto, Ontario M5R 1V2 Canada.