EEA+ Business Services Terms
If you live in the European Economic Area or the United Kingdom, your use of the Business Services is governed by these EEA+ Business Services Terms, otherwise your use of the Business Services is governed by the Business Services Terms.
These EEA+ Business Services Terms are effective January 1, 2023.
- Using MyPetsWelcome for Business Purposes.
Welcome to MyPetsWelcome! MyPetsWelcome is where neighbors plug into the neighborhoods that matter to them. We believe by bringing neighbors, including businesses, together, we can cultivate a kinder world where everyone has a neighborhood they can rely on. These EEA+ Business Services Terms (the “Business Terms”), in addition to the EEA+ Member Agreement (the “Member Agreement,” and together with the Business Terms, the “Terms”), govern your rights and responsibilities related to your use of MyPetsWelcome’s Business Services if you have your ordinary place of residence or establishment in the European Economic Area or the United Kingdom (together, “EEA+”). Capitalized words and other defined terms used but not defined in these Business Terms have the meanings described in the Member Agreement.
“Business Services” are services and features offered to Members that are intended for commercial or business uses, such as a claimed Business Page, Local Deals, MyPetsWelcome Ads, and other services listed here. Some Business Services may include specific Supplemental Terms. To the extent those Supplemental Terms conflict with the Business Services Terms, those Supplemental Terms will apply.
By using MyPetsWelcome’s Business Services, you agree that you have read, understand, and agree to be bound by these Business Terms, which together with the underlying Member Agreement constitute a legally binding contract. If you are accepting these Business Terms and using the Business Services on behalf of a company, partnership, organization, sole trader, or other legal entity (a “Business”), you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Business Terms, in which case the words “you” and “your” as used in these Business Terms shall refer to such entity. If you do not agree to these Business Terms, or do not have the authorization and authority referred to above, then you are not allowed to use the Business Services.
ARBITRATION NOTICE: please note that Section 13 (Governing Law and Dispute Resolution) of the Member Agreement contains an Arbitration provision, which applies to these Terms in accordance with Section 12(c) of these Business Terms.
- The Basics.
- Eligibility. Business Services are available to Members who meet (i) the eligibility requirements for Members set forth in the Member Agreementand (ii) any specific eligibility requirements for the applicable Business Service. We reserve the right to refuse your ability to use any Business Service at any time, for any or no reason, without liability to you.
- Restriction, Suspension and Termination.
- We may restrict, suspend or terminate your Account and/or Business Page if any of these things happen:
- You do not comply with the Terms, our Community Guidelines and Business Posting Guidelines;
- You violate Applicable Laws (as defined below) or violate or infringe or misappropriate third-party rights;
- We are unable to confirm any information that you have provided or if we learn that it is inaccurate or misleading;
- We are required to do so to comply with a legal requirement or a court order; and/or
- We reasonably believe that your conduct may cause harm or liability to a Member, third party, or us (for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you).
- Where we consider taking such action, we will give you appropriate notice and a clear explanation of our reasons for doing so and the grounds which we rely on – where the action concerned is termination of your Account, we will give you 30 days’ prior notice (unless a Applicable Law requires us to terminate the Account in a shorter timeframe or you have repeatedly breached your obligations under these Terms).
- If you believe your Account has been restricted or suspended in error, you can lodge a complaint by using our Complaint-handling Procedure.
iii. If we decide to revoke our decision to restrict or suspend your Account, we will reactivate your Account without undue delay.
- Your right of termination of Business Services. In addition to and without limiting the scope of Section 14(a) (Term and Termination)of the Member Agreement, you may terminate these Business Terms with MyPetsWelcome at any time by deactivating your Business Page and discontinuing your use of our Business Services or Account.
- Availability of Business Services. We may modify or discontinue the availability of any Business Services at any time in our sole discretion without liability to you. We will notify you of any material modifications as legally required (for example, by emailing you, or by posting an amendment notice in your neighborhood’s newsfeed).
- Your Obligations. By using the Business Services (including by claiming or creating a Business Page) you represent and warrant on an ongoing basis at all relevant times that (i) you have the authority to act on behalf of the Business or Businesses associated with or claimed through your Business Page and bind such Business (including the business entity) to these Business Terms, (ii) your use of the Business Services will only be for commercial purposes and conducted in your capacity as an authorized representative of the Business, (iii) any relevant Business is duly incorporated, organized, validly existing and in good standing under the laws of the territory in which the Business is registered, (iv) your Business and all Content you submit to MyPetsWelcome complies with all applicable laws, regulatory requirements, industry rules, and governmental regulations (collectively, “Applicable Laws”), (v) your Member Content does not infringe or misappropriate the rights of any third party, (vi) all information provided by you via the Business Services is complete and accurate, (vii) you have all necessary licenses, rights, permissions, and clearances (including from any third party) in your Member Content to use and to grant MyPetsWelcome all licenses in your Member Content described in the Terms; and (viii) except as expressly permitted by MyPetsWelcome in writing, your Member Content does not include pixels, cookies or other technology intended to track or record the activities of MyPetsWelcome Members or Visitors. You acknowledge and agree that, where applicable, you are responsible for providing data usage notices to and receiving consents from all Members or Visitors that engage with your Member Content. You agree that MyPetsWelcome will determine the size, placement and positioning of your Member Content on the Services, and MyPetsWelcome reserves the right to reject, disable, or remove your Member Content for any reason.
- Verification of Businesses. Some Business Services require MyPetsWelcome to verify your Business including, but not limited to your related Business Page Information (as defined below) or business registration documents. You agree to provide accurate information for verification purposes and acknowledge that if we are unable to confirm the information that you have provided or if we learn that it is inaccurate, we may limit, suspend, or terminate your Account in accordance withSection 3(b) (Restriction, Termination and Suspension).
- Interactions and Transactions with Members. Without limiting the scope of Section 5 (Being a Good Neighbor)or Section 6 (Member Transactions) of the Member Agreement, your use of the Business Services are subject to the Terms, our Community Guidelinesand Business Posting Guidelines. You and your Business are responsible for your acts on MyPetsWelcome. You further acknowledge and agree that your and your Business’s interactions with Members may affect the reputation of your Business, and it is therefore your sole responsibility to conduct yourself appropriately and carefully in your interactions with Members. For example, how gracefully your Business responds to a negative comment may affect Members’ perception as much as (or more than) the comment itself. As stated in the Member Agreement, we are not a party to transactions or disputes between Members, including disputes over unfavorable reviews or other member Content. WITHOUT LIMITING ANY TERM OF THE MEMBER AGREEMENT, YOU AGREE THAT MYPETSWELCOME IS NOT RESPONSIBLE FOR YOUR OR YOUR BUSINESS’S INTERACTIONS WITH OTHER MEMBERS. We do not make any guarantees about the verification of Members, and we do not interview, run background checks on, monitor, supervise, or control Members.
- Using the Business Services.
- Business Pages. Business Pages on MyPetsWelcome can be created and updated on MyPetsWelcome (i) based on third-party sources (such as business listing services), (ii) by Members who recommend a business in their neighborhood, or (iii) by Members who create or claim a Business Page. Business Pages may be public, i.e., visible both inside and outside of MyPetsWelcome. This means that they are visible to external search engines, including for search engine optimization (SEO) purposes. If you claim your Business Page through your personal Account, you can choose whether to make your Business Page externally visible (visibility of your personal Account is unaffected, even if you claimed your Business Page using your personal Account). You understand that MyPetsWelcome presumes your actions and those of other Members associated with your Business Page are authorized and legitimate. MyPetsWelcome is not responsible for your Business Page or your Account, and has no obligation (but reserves the right) to verify the scope of authority of you or any other Members associated with your Business. Your business Account is tied to your role with that Business. If your position associated with a Business terminates (for example, if you resign), then you must unclaim your Business Page associated with that Business, or if applicable, transfer your Business Page. For example, your employer may want someone else to claim and manage the Business’s Business Page. If you need assistance with page transfer or account deactivation, please contact us.
- Messages. Prom your Business Page or as your Business (where that feature is available), such as Business Posts or replies to Members who recommended your Business, will be affiliated with and have the same visibility as your Business Page. However, replies to private messages are visible only to you and the Member to whom you replied. Members have the ability to opt out of receiving messages from any Member, including Members with Business Pages, and some Members communicating with or commenting about you or your Business may choose to opt out of communications from you. You undertake that you will comply with Members’ choices.
- Asking for Recommendations or Reviews. You can ask your customers to review or recommend your Business on MyPetsWelcome. You can solicit recommendations in person, via email, through social media, or by sharing a direct link to your Business Page. Our goal is for recommendations to serve as a window into a Business’s standing in its community. Accordingly, you agree to be truthful, fair, and neighborly, and not to engage in conduct that could artificially inflate or harm a Business’s reputation, such as offering discounts or other incentives in exchange for recommendations (including fraudulent recommendations) or with the intent to manipulate the same. You undertake that you will comply with Applicable Laws.
- Trademarks and Endorsements. You agree to not use MyPetsWelcome’s name, logo, or trademarks except as expressly permitted in writing by MyPetsWelcome, and may not imply that your Member Content or the Content of other Members (such as Member reviews of your Business) is in any way sponsored or endorsed by MyPetsWelcome.
- Content. As stated in the Member Agreement, you must not provide us with any prohibited Content. Claims of copyright infringement should be addressed as directed in the Member Agreement. MyPetsWelcome reserves the right to forward any other requests or claims based on your Member Content to your Business for resolution.
- Your Website. You grant MyPetsWelcome a non-transferable, fully-sublicensable (through multiple tiers), non-exclusive, royalty-free, limited license to display your public Business website on the Services or to allow for its display through iframes or other framing technology.
- Payments for Business Services.
The use of some Business Services may require a payment or fee on a per order, per use, subscription, or other basis (“Payment”), including applicable value added tax or other taxes. To the extent such services include specific Supplemental Terms provided by MyPetsWelcome and they conflict with the Business Terms, those Supplemental Terms will apply. You agree to pay all Payments due and owed under these Business Terms or any applicable Supplemental Terms. ANY AND ALL PAYMENTS TO MYPETSWELCOME ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE. Unless stated otherwise, you will be charged at the time of purchase. When you make a Payment to MyPetsWelcome, you are agreeing to provide our trusted third party payment processor (currently Stripe and its affiliates) with certain information related to your Payment (“Payment Information”) in order to complete the transaction. You agree that you will keep your Payment Information current. We may update your method of Payment using information provided by our payment service providers. You authorize us to continue to charge the applicable method of Payment following any update to your Payment Information.
MyPetsWelcome offers certain Business Services for which access and use is purchased or made available on a time-limited basis (each a “Subscription”). The fee for a Subscription will be charged at regular intervals based on the applicable subscription date as shown to you on checkout, starting at the time of purchase. THE SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL. Your Subscription may include a free trial period (“Free Trial”). At the start of each such Free Trial, you may be charged a nominal fee in order to ensure your Payment Information is accurate. Thereafter, you will have access to the specified Business Services without payment for the period specified in the offer (subject to any relevant Supplemental Terms, which may limit or condition use of the Business Services during your Free Trial). You may cancel a subscription or trial through the interface of the applicable Business Services, or if no such option is available, by contacting us here. Unless you cancel your Free Trial before the end of the Free Trial period, your Free Trial will automatically convert into a paid Subscription and you will be charged the relevant Payment for the applicable Subscription.
- Confidential MyPetsWelcome Information.
You and your Business acknowledge that MyPetsWelcome may provide you with certain information that is proprietary and confidential to MyPetsWelcome, such as aggregated statistics about neighborhood activity and size and neighborhood boundaries. You agree (i) to keep this information confidential, (ii) not to disclose this information to any third party, and (iii) to use this information only as expressly permitted by MyPetsWelcome for your internal business purposes (subject always to Section 2(h) (Data Protection) of these Business Terms). If you believe that you must disclose any of the information described in this Section due to a subpoena or similar legal duty, you will notify MyPetsWelcome in writing before doing so, and you agree to provide MyPetsWelcome with reasonable assistance if MyPetsWelcome seeks an order maintaining the confidentiality of the information.
The ranking or order of appearance of Businesses within the search and business section of the Services depends on a variety of factors, including (a) the number of recommendations the Business has received, (b) the proximity of the Business to the Member who searched; (c) keywords, (d) type of business, and (e) other factors. The most important factor is the number of positive Member recommendations.
- Access to Data.
- Your Business Dashboard provides you with metrics and insights on your business performance on our Services.
- After termination of these Business Terms, or your Account is closed, you will not be able to access any information provided to or generated by you.
- Complaint-handling Procedure.
The MyPetsWelcome Complaint-Handling Procedure explains how we handle complaints, how you can access our internal complaint-handling mechanism, and what to expect when you make a complaint.
If you are dissatisfied with the handling of your complaint by us or if an agreement cannot be reached under our complaint-handling mechanism, you or we may also apply to resolve a dispute under these Terms with mediation. We are prepared to engage with the independent mediators on the Centre for Effective Dispute Resolution’s P2B Panel. You and we agree to both notify the other in writing if either you or we wish to submit a dispute to mediation, and which mediators will be engaged. Any attempt to reach an agreement through mediation on the settlement of a dispute will not affect your right to initiate court proceedings at any time before, during or after the mediation process.
In addition to, and without limiting the scope of Section 12 (Indemnification) of the Member Agreement, you agree to indemnify, defend, and hold the MyPetsWelcome Entities harmless from and against any claims, damages, losses, liabilities, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute due to, arising out of, or relating in any way to (a) your actual or alleged breach of these Business Terms; (b) your use of the Business Services, or any Content, products or services provided, promoted or advertised by you in connection with the Business Services; or (c) the actions related to the Business Services taken by each individual with access to your Account, whether such actions were authorized or otherwise.
- Updates. We reserve the right to amend these Business Terms, the Member Agreementand any Supplemental Terms at any time as set forth in section 15(e) (Updates)of the Member Agreement. If you keep using the Business Services after any such amendment is effective, you accept and agree to be bound by the new terms. If you disagree with the new terms, you must stop unclaim your Business Page and stop using the Business Services. Except as otherwise set forth in these Business Terms or unless expressly agreed by MyPetsWelcome in signed writing, nothing contained in any purchase order or other agreement will in any way modify, supersede, or add any additional terms or conditions to these Business Terms.
- Conflicts. If there is a conflict between these Business Terms and the Member Agreement, these Business Terms govern with respect to your use of the Business Services to the extent of the conflict. Certain Business Services may also have or be subject to certain Supplemental Terms, and additional guidelines or policies. To the extent those Supplemental Terms and additional guidelines or policies conflict with the Business Terms, the additional terms will govern with respect to your use of those Business Services solely to the extent of the conflict.
- Governing Law and Dispute Resolution. Except as provided otherwise in these Business Terms, Section 14 (Governing Law and Dispute Resolution) of the Member Agreement applies to the Terms.
- Miscellaneous. To the extent allowed by applicable law, the English version of these Business Terms is binding and other translations are for convenience only. If any part or parts of these Business Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Business Terms shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. These Business Terms are personal to you, and you may not assign, novate, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights or obligations under these Business Terms without our prior written consent, which consent may be withheld in our sole discretion. The Contracts (Rights of Third Parties) Act 1999 shall only apply to these Business Terms in relation to the MyPetsWelcome Entities, and no persons other than you, us, and the MyPetsWelcome entities shall have any rights under them and they will not be enforceable by any person other than you, us, and the MyPetsWelcome Entities. All of our rights and obligations under these Business Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete and accurate, you shall notify us immediately.