Terms and Conditions

Definitions

For purposes of these Terms of Service, the following terms have the meaning set forth below.

"Penny Paws Store"or “Website” means the online store and website at: https://store.pennypaws.com/
“Penny Paws Animal Clinic” means us, we, our team, our clinic as a whole including brick and mortars, mobile vaccination locations, and our online store.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products to you.

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Online Store Terms of service

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Subscription Policy

When agreeing & purchasing a subscription you must keep your subscription for at least 3 cycles before you are able to cancel the subscription.

In addition, the 20% discount is intended for first-time pet subscriptions only. Cancellation of your original subscription and creation of a new one does not qualify for an additional discount. If we become aware of an abuse of this policy, the additional discount would have to be reversed and the difference in price collected before we can continue processing the order.

If you need to cancel for an important reason please contact sales@pennypaws.com

Modifications to Products

Prices for our products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.

Products (if applicable)

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, home addresses and expiration dates, so that we can complete your transactions and contact you as needed.

Accuracy and Completeness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Medication

We cannot supply medication on prescription without first seeing your pet. Repeat prescriptions can only be given if the animal is under direct care and attention of the attending veterinarian, and we reserve the right in certain circumstances to re-examine the animal again before prescribing. All prescriptions must be paid for in advance.

Payment Terms

We reserve the right to modify or terminate any user's Penny Paws subscription service for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Penny Paws may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the store.

A valid credit card is required for accounts able to process orders using a live payment gateway.

Important Note

We are unfortunately unable to answer queries here made by owners whose animals are not under our veterinary care. We suggest that you discuss your concerns with your own vet. They are in the best position to advise you since they have the benefit of knowing all about your animal and their relevant lab results etc.

Complaints

We aim to offer all clients a professional, friendly and efficient service and we hope that you will be pleased with the work we do for you. However, if any difficulty should arise, our approach is to be constructive. Every complaint will be taken seriously, will be investigated thoroughly and promptly, and remedial action will be taken as appropriate. If you have a complaint regarding our online store, please email us at sales@pennypaws.com. We would expect to resolve any problem to your satisfaction.

Future work

Unless otherwise agreed, and subject to possible revision of fees, these terms and conditions will apply to any future work by us on your behalf.

Limited License to Use Website

We grant you a nonexclusive, non transferable, revocable and limited license to use the Website in accordance with these Terms. Any copyright or attribution notice appearing on the original content or information must appear on all copies of the content or information. Any document created based on information from the Website is your work product, which you use at your own risk, and we assume no liability for its use.

No Commercial or Non-Permitted Usage

This Website is intended for use by individuals and other entities interested in market, business or other information concerning Penny Paws Animal Clinic. We have exercised efforts to provide you with accurate information on the Website from public or other sources but we are not in any way responsible for your use or reliance on such information, which is solely at your own risk. The use, reproduction, copying, resale or redistribution of any non-public content of the Website for commercial or any other non-permitted purpose is prohibited without our prior written consent.

Unlawful Activity

You may not use the Website or its content in any way that violates the laws or regulations of any jurisdiction or any political subdivision thereof. We reserve the right to investigate complaints or reported or unreported violations of these Terms and to take any action deemed appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other appropriate third parties and disclosing any information necessary or appropriate to such persons or entities including, without limitation, information related to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Our Intellectual Property Rights

Except as expressly provided in these Terms, nothing contained herein shall confer, or shall be construed as conferring, any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Website is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and may not be used except as provided in these Terms without our prior consent. You also agree that we retain all copyrights in the layout and graphics of the Website, the collective and compilation copyrights in all databases and navigation design in relation to the Website, and all content of the Website created by our employees, contractors, consultants, or other contributors.

Use of Our Service Marks and Trademarks

You may use our trademarks in referring to the Website or its content without our permission, provided that you follow standard trademark usage practices and provide proper attribution. Any other uses require our prior written consent. You may not use our service marks or trade dress in a third party service-e name or publication title; in, as, or as part of your own service or marks; to identify products or services that are not ours; in a manner likely to cause confusion; in a manner that implies inaccurately that we sponsor, endorse, or are otherwise connected with, your own activities, products, and services; as hidden or embedded text in web pages; or in a manner disparaging us or the Website.

Links to Third Party Sites

If you use any links on the Website to reach other websites not maintained by us, you will be opened into a new window. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by us of the linked website, nor does it imply that the linked website recommends, approves of, or endorses us or the Website.

Discontinuation

In the event of any change in laws or regulations or for any other commercially reasonable reason as determined by us acting in good faith, we reserve the right to discontinue the operation of the Website at any time.

User Conduct

You agree to not use the Website to (a) upload any content or electronic information of any kind that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (b) harm minors in any way, (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) upload any content or electronic information that you do not have a right to transmit under applicable laws and regulations or under contractual or fiduciary relationships (including, without limitation, inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (e) upload any content or electronic information of any kind that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (f) upload any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, (g) upload any material that contains software or other viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or related equipment, (h) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, (i) “stalk” or otherwise harass another or (j) collect or store personal data except as may be permitted by these Terms and the features of the Website.

Not Investment or Legal Advice

The Website provides information concerning Penny Paws Animal Clinic but it is not a substitute for advice from a licensed professional. Your use of this site does not create any fiduciary relationship between you and us. The accuracy of the content of the Website is neither warranted nor guaranteed and you use the Website at your own risk. You agree that you have not and will not detrimentally rely on any information received in connection with your use of the Website.

Non-Reliance, Assessment and Understanding, Status and Assumptions

Each time you use the Website, you represent to us as follows: (a) You have made your own independent decision to use the Website and its content and as to whether such use is appropriate or proper based upon your own judgment and upon advice from such advisers as you have deemed necessary. You are not relying on any communication (written or oral or express or implied) of Penny Paws Animal Clinic as advice of any kind or as a recommendation. You understand that information and explanations related to the Website and its content shall not be considered to be advice of any kind or a recommendation. No communication (written or oral) received from Penny Paws Animal Clinic shall be deemed to be an assurance or guarantee as to the expected results of any action. (b) You are capable of assessing the merits of and understanding (on your own behalf or through independent professional advice), and understand and accept the Terms and risks of any use. (c) Penny Paws Animal Clinic is not acting as a fiduciary for or adviser to you in any respect.

DISCLAIMER

THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE CONTENT. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL ALWAYS BE ACCESSIBLE. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND WE WILL NOT PROVIDE ANY TECHNICAL OR OTHER SUPPORT IN CONNECTION WITH YOUR USE OF THE WEBSITE EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS.

LIMITATION OF LIABILITY

BY YOUR USE OF THE WEBSITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE OR THE CONTENT, WHETHER SUCH CLAIMS ARE AGAINST US OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE WEBSITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR THE WEBSITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE.

Suggestions

You are encouraged to bring any errors, problems, or other issues concerning the Website to our attention for the benefit of your fellow users. Please email sales@pennypaws.com to advise us of any such issues. We retain the right to respond to your comments in any manner we deem appropriate.

Limited Third Party Technical Support

We may arrange limited technical support from a third party provider or providers in connection with technical related questions about the use and navigation of the Website but we do not bear any liability of any kind in relation to any kind of customer or technical support, if made available, or whether your question was appropriately addressed or not or responded to in a timely manner or not.

Dispute Resolution

Any controversy or claim arising out of or relating to your use of the Website or these Terms, which the parties are not able to resolve in an amicable fashion within a reasonable time, may be settled by Texas courts and each party submits to the non-exclusive jurisdiction of Courts in Texas for that purpose. Each party will bear its own costs and expenses, including attorney fees and expenses, associated with any dispute.

No Liability

You agree that we shall have no liability whatsoever in respect of any claims, losses, expenses, damages or costs arising as a result of your use of or inability to use the Website or its content.

Third Party Rights

The Disclaimer, Limitation of Liability and Dispute Resolution provisions are for our benefit and the benefit of any third party providing content to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Notification of Alleged Copyright Infringement

We reserve the right to remove any content in the Website that allegedly infringes a third party’s copyright and to prohibit further use of the Website by the individuals responsible for said infringement. Notices to us regarding any alleged copyright infringement should be sent by email to sales@pennypaws.com.

Remedies

You acknowledge that any use of the Website contrary to these Terms may cause irreparable injury to us and that, under such circumstances, we will be entitled to equitable relief or the equivalent in any jurisdiction including, but not limited to, preliminary, temporary or permanent injunctive relief, without posting bond or other security.

Entire Agreement

Severability and Waiver, No Waiver of Rights

If any part of these Terms is found to be invalid, void, or unenforceable, you agree with us that the remaining parts of the Terms will continue in force, that the provision at issue may be replaced by a lawful provision that most nearly matches the original intention and that these Terms will, as modified, remain valid and enforceable. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Modifications to Terms

We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on the Website and are effective immediately upon publication on the Website. Your continued use of the Website after any update constitutes your agreement to be bound by the updated Terms. You are responsible for regularly reviewing the Terms.