Terms & Conditions

Website Use

1. USE, TERMS AND CONDITIONS FOR WEBSITE USE

a. This website is owned and operated by Your Ultimate Pet Products Corp. (“YUPP”), Address: 1 Kingsmill Road, Etobicoke, Ontario, M8X 2N7. Prior to using this website, you acknowledge to carefully read and agree with these terms and conditions (“Terms and Conditions”), which are applicable to content on social media sites (including without limit on this website, Instagram, Facebook, Twitter etc.) (together, the “Site”). These Terms and Conditions, as modified from time to time, shall apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Site. By accessing and using the Site, you confirm your consent to these Terms and Conditions in their entirety, and to be bound by them, in addition to any other law or regulation that applies to the Site and the Internet. In the event you do not agree to these Terms and Conditions in their entirety, you may not be permitted to access the Site or use any of the services.

2. WEBSITE AND CONTENT ON THE SITE

a. The content featured or displayed on or through the Site, including, but not limited to any and all logos, icons, trade marks, text, graphics, photographs, images, videos, moving images, sound, illustrations, software, and other information (“Content”) is owned by YUPP, its affiliated companies, its licensors or its content providers, as applicable. All elements of the Site including, but not limited to, the design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other intellectual property laws or other rights. No part, portion or element of the Site or its Content may be copied, reproduced or retransmitted by any means except as permitted under these Terms and Conditions or by written consent or written agreement with YUPP. The Site, its Content and all related rights shall remain the exclusive property of YUPP, its affiliated companies, its licensors, or its content providers, as applicable, unless otherwise expressly agreed. All such rights are reserved.

b. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

3. COPYRIGHT AND TRADEMARKS

a. All rights in the Content, including copyright, are and shall remain the exclusive property of YUPP, its affiliated companies, its licensors, or content providers, as applicable. Except as may be otherwise stated under the Terms and Conditions, or within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You shall not modify any of the Content, and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reuse, transfer or sell any Content without the express written authorization of YUPP. The use of any Content on any other website or networked computer environment is strictly prohibited. You shall not remove any copyright, trademark or other proprietary notices from Content found on the Site.

b. In the event you download software (including but not limited to screensavers, smart phone applications, icons, pictures, videos and wallpapers) from the Site, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you on a non-exclusive basis by YUPP, and you shall cease and desist, and remove such Software at the request of YUPP. YUPP does not transfer title to the Software to you. You own the medium on which the Software is recorded, but YUPP retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Your use of the Software is at your sole risk and may be subject to additional terms and conditions.

c. All trade marks, service marks, logos, insignia and trade names that appear on products of YUPP, product packaging, or on the Site, whether registered or not (the “Trade Marks”) remain the exclusive property of YUPP, its affiliated companies, its licensors or content providers (as applicable) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without YUPP's prior written consent. The use of any of the Trade Marks on any other website or network computer environment, including for example, the storage or reproduction of any part of the Site in any internal or external intranet or Internet site, or the creation of links, hypertext, or deeplinks between the Site and any other Internet site, is prohibited without the express written consent of YUPP.

4. DISCLAIMER OF WARRANTIES

a. The Site and the Content are provided “as is” and without any warranties of any kind. The Content on the Site is for general information purposes only, and does not constitute any legal advice, representation or otherwise. You hereby use the Site at your risk.

b. YUPP does not represent or warrant that the Content and/or facilities contained on the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, YUPP will not provide for specific IT infrastructure or connectivity. Thus, YUPP does not represent or warrant that the Site will be uninterrupted or error free. YUPP does not make any warranties or representations regarding the use of the Content on the Site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

5. LIMITATION OF LIABILITY

a. Your use of the Site is entirely at your own risk. YUPP, its affiliated/parent/subsidiary companies, licensors and content providers, and any of their respective employees, officers, directors or agents, and any other party involved in creating, producing or delivering the Site or any Content shall not be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content or the Site, including damages caused by viruses or any incorrectness or incompleteness of the Content on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if YUPP has been advised of the possibility of any such damages.

6. LINKS TO THIRD PARTIES

a. For your convenience and to improve the usage of the Site, links to sites that are owned and controlled by third parties may be provided from time to time. These links take you outside YUPP’ service and off the Site and are beyond YUPP’ control. This includes links to YUPP partners, licensees, authorized providers, who may use the Trade Marks. The sites you can link to may have their own separate terms and conditions as well as a privacy policy. YUPP is not responsible and cannot be held liable for the content and activities of these sites, or your use of them. You therefore visit, access and use these sites entirely at your own risk. Kindly ensure you check and read their terms of use and other conditions contained at those sites prior to using them.

7. Misuse of the Site AND INDEMNITY

a. You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property or other rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, deemed to be immoral, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. YUPP may deny you access to the Site at any time in its sole discretion, and which shall include situations where YUPP believes that your use of the Site is or may be in breach of any of these Terms and Conditions and/or applicable laws.

b. You are also prohibited from using the Site to advertise or perform any commercial solicitation, or unauthorized association.

c. Unless you have received written permission by YUPP, you shall not use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process to: (i) monitor or copy any of the Software, web pages, data or Content found on this Site or accessed through this Site; (ii) gain access to or participate in any promotion, contest or sale; or (iii) place orders for or purchase any YUPP product(s). You may not engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than in compliance with the Terms and Condition contained herein; or act or do anything on or with this Site with electronic traffic designed to slow or stop its operation. You shall not create or establish any links to or from other websites to this Site unless you have received prior written consent of YUPP. The Site is proprietary and YUPP reserves the right to block you or other users of the Site for any reason whatsoever which in the sole, absolute and unfettered discretion of YUPP’s opinion is not in accordance with these Terms and Conditions.

d. You agree to indemnify, defend and hold harmless YUPP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

8. USER GENERATED CONTENT

a. All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) shall be deemed non-confidential and non-proprietary. YUPP shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (“License”). You acknowledge and agree that YUPP only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. YUPP does not continuously monitor User Generated Content published by you or moderating between users, nor shall YUPP be under an obligation to do so. However, YUPP reserves the right to do so from time to time, in its sole discretion. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of YUPP. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personal, or other rights of third parties, does not contain any defamatory or disparaging statements and does not otherwise violate the Terms and Conditions. Furthermore, you represent and warrant that you have the capacity to grant the License as stipulated in this paragraph. You agree to indemnify and keep YUPP, its affiliated companies, licensors and content providers harmless against all costs, expenses, damages, losses and liabilities incurred or suffered by YUPP, its affiliated companies, licensors and content providers related to any User Generated Content posted or transmitted by you, or otherwise through your use of the Site.

b. YUPP reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which YUPP believes is not in accordance with these Terms and Conditions (including User Generated Content which infringes or may infringe third party intellectual property rights, rights of privacy or personality or other rights), or is otherwise unacceptable to YUPP.

c. You agree to promptly notify YUPP in writing of any User Generated Content (or other Content) which you believe breaches or might breach these Terms and Conditions. You agree to provide to YUPP sufficient information to enable YUPP to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. YUPP agrees to make good faith efforts to investigate such report and shall take such action as YUPP in its sole discretion decides. However, YUPP does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

9. UNSOLICITED IDEAS

a. YUPP maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to YUPP business whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to YUPP. You should therefore not post any Materials on the Site or send these to YUPP by e-mail or otherwise.

10. PURCHASES

a. In using the Site and making any purchases, you represent that you are at least the age of majority in your city, state or province of residence, or that you are the age of majority in your city, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

b. You may only purchase or order items for personal, non-commercial and legal purposes. No other uses are permitted. Free shipping is available only in selected areas within Canada. All shipments to destinations outside of specific areas within Canada are subject to shipping fees. Certain products or services may be available exclusively online through the website. Purchased products may be returned or exchanged in accordance with our Return Policy.

c. In order to help protect you and YUPP from fraudulent transactions, YUPP may provide your transaction-related information to third party organizations to perform an address verification. This address verification is to help ensure that the "bill to" address provided matches your credit card address. YUPP also reserves the right, at its discretion, not to ship items ordered or purchased on this Website to certain addresses or areas. In the event that YUPP chooses not to ship an item or is not able to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

11. HOW YOU CAN CONTACT US

a. If you have any questions or comments about the Site or these Terms and Conditions or in the event that you wish to make a complaint or report regarding the Site (or its Content), then please email us at info@yuppc.com.

12. CHANGES TO THE TERMS AND CONDITIONS

a. YUPP reserves the right, at its absolute and sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions each time you use the Site for any changes. Your continued use of the Site following the posting of changes to these Terms and Conditions will mean you accept those changes.

13. ENTIRE AGREEMENT

a. The failure of YUPP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

14. SEVERANCE

a. Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable at law, that provision shall be deemed severable from and shall not affect the validity and enforceability of any of the other provisions of these Terms and Conditions.

15. APPLICABLE LAW AND JURISDICTION

a. These Terms and Conditions shall be governed by the laws in force in the Province of Ontario and you and YUPP hereby submit to the non-exclusive jurisdiction of the Ontario Courts.

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YUPP makes fresh, delicious, wholesome food for your precious pups, by hand.
Using canine nutritionist recipes + human-grade ingredients + whole foods, we create meals that meet your dog’s needs. Our subscription model makes your life easier, while offering your dog the best nutrition.


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