TERMS OF SERVICE
Last updated: 26 Nov 2020
These Terms of Service are a contractual agreement between you and Friends with paws Ltd (t/a Oscars Farm), a company incorporated in Ireland, with an office at Charlemont Exchange, Charlemont St, Saint Peter's, Dublin (“Oscars Farm,” “we,” “us” and “our”).
The terms govern all use of the Oscars Farm Service through our online web application https://oscarsfarm.com, or any localized version (the “Oscars Farm Service” or “the Service”).
By using the service, you agree to comply with and be legally bound by these Terms of Service (“terms”), whether or not you become a Customer of the service. If you do not agree with these terms you do not have the right to use the Oscars Farm service.
“Customer” means any person who searches for or books Goods through the Service.
“Account” means your customer profile including your username, password, pet information, delivery location, delivery schedule, delivery instructions, payment method, order history and subscription plans.
“Goods” means the products advertised on the Service.
“Order” means a Customer’s order for Goods based on the number and description as set out in the Order.
“Contract” means the legally-binding agreement between you and Oscars Farm for the supply of the Goods.
“Delivery Location” means the location where the Goods are to be supplied as provided by the Customer.
“Content”: means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.
HOW IT WORKS
The Oscars Farm Service allows for Customers to arrange for the provision of Goods as set out in the Oscars Farm Service.
USE OF THE SERVICE
To purchase Goods and use certain aspects of the Service you will be required to create an Account including username, password, user profile and pet profile. You agree by registering an Account, to provide accurate information about yourself and keep this information up-to-date. You are responsible for maintaining the confidentiality of your Account information (including maintaining a secure password) and are responsible for all activity under your account. When you use the Oscars Farm Service, you agree:
You are at least 18 years of age at the date of registering.
To use the Service only in a lawful manner and only for its intended purposes as set out in these Terms.
To comply with all applicable international, federal and state laws, including tax laws and regulations that apply to your activity on the Service.
You are responsible for all purchases made on your Oscars Farm Account.
You are responsible for all actions and changes to your Account, including but not limited to changes to your username, password, pet information, delivery location, delivery schedule, delivery instructions, payment method, order history and subscription plans.
Not to access or use the Service for competitive purposes or to post spam or promote other products or services.
Not to use any tools to access, copy, acquire information, or monitor the Service or any portion or Content thereof.
Not to misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service.
To promptly inform us of any changes to the information you have provided us, including payment details.
To promptly inform us if you become aware or suspect that your account information is known by anyone other than you.
Not to behave or act in any way that may cause upset or harm to Oscars Farm employees, be determined at the sole discretion of Oscars Farm.
You have no rights in or to any portion of the Service other than the right to use them in accordance with these Terms of Service. Oscars Farm reserves the right, at its sole discretion, to terminate a user’s access to the Service due to any act that constitutes a violation of these Terms.
The description and images of Goods on the Oscars Farm Service are for illustrative purposes only. Packaging may vary from that shown in images, and the exact weight of Goods may vary from the indication on packaging. Further, Oscars Farm reserves the right, determined at our sole discretion, to modify Goods (including ingredients, quantities and changes to the price) when necessary. However if changes are made to Goods you will be informed and asked to confirm if you still desire to proceed with your order.
Oscars Farm Goods may contain allergens. It is imperative that you indicate, in writing, if your pet has any allergies before any purchase. As a pet owner it is your responsibility to ensure that any Goods purchased via Oscars Farm does not cause an adverse reaction to your pet. Oscars Farm will not be responsible for any allergic reaction your pet may have or any adverse consequences resulting from an allergy.
ORDERS & SUBSCRIPTIONS
When paying for Goods or making an order with Oscars Farm you will be required to have a complete Account as well as valid payment method (eg credit card).
The cost of Goods will be displayed on the Service prior to you confirming the order. When you make your first order Oscars Farm will validate payment information upon submission, and you will then automatically be subscribed to a regular order of Goods from Oscars Farm. Once you receive an email from us accepting your order and outlining the type and quantity of Goods, delivery location, and total price plus VAT, a contract will come into existence between you and Oscars Farm. You will then be charged the total price to your registered payment method.
Recommend Goods including type and quantity are customised for your pet based on the information provided by you including their age, breed, activity, weight etc. It is imperative that this information is accurate and regularly marinated and up-to-date for Oscars Farm to continue making reliable recommendations for your pet.
Payment processing services are provided by Stripe and are subject to the Stripe General Terms and Conditions of Use. By agreeing to these terms or continuing to use the Oscars Farm Service, you agree to be bound by the Stripe Terms, which may be modified by Stripe from time to time. You must maintain a valid payment method on your Account so long as you have any outstanding orders or subscriptions. Payment details are securely stored by payment processing service Stripe. Customers authorise Oscars Farm to charge their payment method for fees incurred on the Oscars Farm Service as they become payable. Oscars Farm reserves the right to reject or cancel any Booking at its distraction. Users agree to provide Oscars Farm with accurate and complete information about you. Oscars Farm reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion.
CHANGES TO ORDERS & SUBSCRIPTIONS
You can edit your orders and subscriptions, including type or quantity of Goods, delivery location, delivery schedule, payment method at any time via email to firstname.lastname@example.org.
CANCELLATION OF ORDERS & SUBSCRIPTIONS
You can cancel an order or subscription at any time via your Account. Any refunds that may arise as the result of cancellation will be made to the same payment method used to confirm your Order.
As Oscars Farm products are customised and perishable, your right of withdrawal and to receive a refund within 14 days, as provided for in the Consumer Rights Directive 2011/83/EU, does not apply to orders you place with us and you will not be able to return any products you have paid for unless there goods received are faulty.p
TERMINATION OF ORDERS & SUBSCRIPTIONS
If, for any reason determined at the sole discretion of Oscars Farm, we are unable to accept your initial order or continue with your regular subscription, we will inform you of this and may not charge you for the order.
Delivery dates will be confirmed at the checkout before you confirm any order via Oscas Farm. Delivery schedules can then be reviewed in your Account. To ensure smooth delivery of your orders, your delivery location (including address, contact details and instructions) is accurately maintained in your Account. Oscars Farm reserves the right, at its sole discretion and at any time, not to deliver to any specific location or address.
All Goods orders via Oscars Farm will be delivered via a third-party courier. As a result, delivery times may vary and proof of delivery cannot be guaranteed. You will not hold Oscars Farm responsible for any delays out of our control, including force majeure scenarios. Should a delivery not be successfully completed, you must report an issue to us via email at email@example.com within 15 days of your delivery date.
Your Oscars Farm delivery is your responsibility from the time it has been successfully delivered, you will be informed of successful delivery by the relevant third-party courier. You acknowledge that all Oscars Farm Goods are perishable and once delivered you must take all steps necessary to ensure that the products are stored according to the recommendations in your order. Oscars Farm will accept no liability for any products due to poor storage after they have been delivered.
Oscars Farm is confident you will be satisfied by the quality of our Goods. However, if you are not satisfied with your order and would like to request a refund, please email us at firstname.lastname@example.org including your order number and the reason you are not satisfied. We reserve the right not to refund, credit or discount your account at our discretion.
TERMINATION AND ACCOUNT CANCELLATION
You may cancel your Oscars Farm account at any time by sending an email to email@example.com. If your Account is cancelled, you will be personally and solely liable for any pending transactions that you place or charges that you incur prior to your termination/cancellation.
You understand and agree that we have no obligation to provide the Oscars Farm Service in any specific location or territory, nor to continue providing it once we have begun. Oscars Farm reserves the right, at its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time (a) terminate these Terms or your access to the Service, and (b) delete or modify your User Content (c) deactivate or cancel your Account or registration or similar uses of the Service. Oscars Farm may provide notice of termination by regular mail or email.
In the event of account termination or cancellation our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination and Oscars Farm will also have no obligation to delete or return user Content that you have posted to the Service and will not offer compensation for any losses.
To the maximum extent permitted by applicable law, in no event will Oscars Farm, its affiliates, officers, directors, employees, agents, as well as its third party providers, be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of your activity via the Oscars Farm Service, including without limitation (a) any injuries, harm or death suffered by you or any third party; (b) emotional distress; (c) any destruction of information; (d) any injuries or harm suffered by any pets; (e) any other damages of any kind whether that were not foreseeable to both you and us at the point of sale or use of the Service.
In no event will Oscars Farm be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Oscars Farm Service, including any suspension or termination of your access to the Oscars Farm Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Oscars Farm Service, even if we are aware of the possibility of any such damages, losses or expenses.
You are solely responsible for your use of this Service and accept liability for any decision made or action taken in reliance on any information contained or omitted from the Service. You acknowledge that any recommendations or advice given by Oscars Farm in respect to our Goods (including but not limited to type, quantity, or feeding amounts) are a guide only and dietary plans should always be discussed with your pets veterinarian.
In no event will Oscars Farm’s aggregate liability to you, or any third party, exceed the purchase price of any Oscars Farm Goods which are the subject to a dispute between you and us.
Oscars Farm will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
You shall defend indemnify, and hold harmless Oscars Farm and its affiliates, directors, officers, employees, agendas, and third party providers against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable legal fees and court costs, or other liability, for any claim of infringement arising from (a) use of the Service services; (b) breach of these Terms; (d) your misstatements, misrepresentations, or violation of applicable law; (f) Your Content.
DISCLAIMER OF WARRANTIES
The Content and services found on the Oscars Farm Service, including text, graphics, information, links or other items, are provided "as is". Goods, descriptions, images, reviews, profiles, advice, opinions, statements, offers, or other information or Content made available through the service, but not directly by Oscars Farm, are those of their respective authors, who are solely responsible for such Content. To the maximum extent permitted by applicable law, Oscars Farm, its affiliates, officers, directors, employees, agents, as well as its third party providers, expressly disclaims all warranties, whether express, implied or statutory, with respect to the Oscars Farm service, warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
INTELLECTUAL PROPERTY RIGHTS
All materials provided on the Service, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, and services are protected by copyrights and trademarks, owned by Friends With Paws, its affiliates or respective third party authors, developers or vendors. Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Oscars Farm. Other than as allowed in these Terms of Service you are not given a right to use the "Oscars Farm" name, or any of the "Oscars Farm" trademarks, logos, domain names and other distinctive brand features.
CHANGES TO THE SERVICE
Oscars Farm will constantly update and improve the Service to offer new and innovative features and services. As a result we may need to update, reset, stop offering and/or supporting particular Goods, a particular part of the Service, or features relating to the Service. These changes to the Service may affect, delete or reset your past activities on the Service, features that you use, your Service Profile and/or your User Content. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Your continued use of the Service will show that you have accepted any changes to the Service. You are free at a time to stop using the Service or to terminate your account.
CHANGES TO THESE TERMS
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Oscars Farm Service, unless otherwise required by applicable law. Your continued access and use of the Oscars Farm Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
COMMUNICATION WITH YOU
To communicate with you we may contact you using the contact details you have provided to us via email, push notifications or phone. We may contact you periodically with updates and promotional offers. You may notify us at any time if you wish to cease receiving these updates.
DELAYS OR OMISSIONS
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and affect the remainder of the provisions.
Neither these Terms nor any right, remedy, obligation or liability arising hereunder or by reason hereof shall be assignable to any other person under these Terms.
THIRD PARTY RIGHTS
This contract is between you and Oscars Farm and no third party will have any right to enforce or rely on any provision of these Terms.
These terms are governed by the laws of Ireland. Irish law will apply to all disputes and the interpretation of these Terms of Service. The Irish courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
DISPUTES AND CONTACT
If you have any disputes, questions or concerns about the Oscars Farm Service, these terms, or any other document mentioned within, please contact us via email at firstname.lastname@example.org.
Oscars Farm Messaging Terms & Conditions
This SMS message program is a service of Oscars Farm. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Oscars Farm. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Oscars Farm permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Oscars Farm reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Oscars Farm also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Oscars Farm, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Oscars Farm and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Oscars Farm through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Oscars Farm OR ANY PARTY ACTING ON BEHALF OF Oscars Farm BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Oscars Farm HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Oscars Farm HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Oscars Farm MESSAGING PROGRAM. Oscars Farm AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Oscars Farm, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Oscars Farm or its service providers.
General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Oscars Farm or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Oscars Farm ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Oscars Farm to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Oscars Farm will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND Oscars Farm AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Oscars Farm agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Oscars Farm are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND Oscars Farm AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Oscars Farm agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Oscars Farm makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Oscars Farm’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Oscars Farm.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Oscars Farm after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Oscars Farm concerning the Messaging Program.
Please contact us with any inquiries or concerns at email@example.com or write to us at: Charlemont Exchange, Charlemont St, Dublin 2, Ireland.