TERMS AND CONDITIONS
Terms and Conditions
WelcomeWelcome to getmehome.ca (the "Site"), a web Site owned and operated by Merial Canada Inc. ("Merial"). The Site provides a pet registration service, through which lost pets may be reunited with their owners (the "Registration Service"). The Site may also offer other services from time to time (the Registration Service and other services are referred to collectively as the "Services") and may provide data and information on topics of interest to pet owners (the "Content").
Terms and Conditions
The Site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES. Any special terms and conditions for use of certain Content or Services provided on the Site and included elsewhere on the Site are incorporated into, and become part of, these Terms and Conditions. Whenever new products or services are introduced on the Site as part of the Services, your use of such Services will be subject to these Terms and Conditions unless we notify you otherwise. We may modify these Terms and Conditions from time to time and your continued use of the Site after such modification indicates your acceptance of the Terms and Conditions as modified.
How the Registration Service Works
When your pet was vaccinated against rabies, you may have received from your veterinarian a "getmehome.ca tag" supplied by Merial. The tag displays a tag number and the telephone number of your pet's veterinary clinic and is meant to be affixed to your pet's collar. By submitting the tag information and your personal contact information to the Site via an electronic registration application form, you can register your pet with the Site. If your pet is subsequently lost and someone finds it, that person can obtain your contact information by visiting the Site and inputting the tag information. The information should be updated when a new tag is supplied by your veterinarian.
User Information
In order to obtain the Registration Service, you are required to submit an electronic registration application form. You will also be asked to create a user name and password. Any personal information that you provide in the registration application form will be collected in accordance with, and for the express purposes set out in, the Privacy Policy . In registering for the Registration Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration application form and to (b) maintain and update such information to keep it true, accurate, current and complete.
Upon submission of the registration application form, your information will be stored in our database and a profile will be created for you. Your user name and password can be used to access your profile and update your information, as necessary. You are fully responsible for maintaining the confidentiality of and all activities that occur under your user name and password.
Should you provide, electronically or through your access to or use of the Site or the services, any information or materials including feedback data, such as questions, comments, suggestions or the like regarding the Site, the content or the services, such information and/or materials shall be deemed to be non-confidential and Merial shall have no obligation of any kind with respect to such information and/or materials and shall be free to reproduce, use, disclose and distribute such information and/or materials to others without limitation. You hereby grant to Merial, a transferable world-wide, perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt and display any information and/or materials provided by you (in whole or in part) and/or incorporate such information in any form, media or technology. To the extent that the information or materials provided by you contain personal information, the personal information will be treated in accordance with our Privacy Policy.
Prohibitions on User Information
You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; (ii) are protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) are libelous, slanderous, defamatory, harassing, threatening or otherwise injurious to third parties; (iv) are hateful, bigoted or racially offensive; or (v) are vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users' use of the Site or the Services; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e) otherwise use the Site or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Site or the services.
Use of Site
You agree to use the Site, the Content and the Services solely for your own personal, non-commercial use and benefit and not for the benefit of any other person or entity. You may not frame the Site, the Content or the Services or any part thereof on any commercial or non-commercial internet web Site.
Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site, the Content and/or the Services in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Site, the Content or the Services is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and the Services in accordance with these Terms and Conditions. We reserve the right to suspend or terminate your use of the Site, the Content or the Services immediately, without notice, in our sole discretion.
Trade-Marks and Copyright
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site, in the Content or in association with the Services may constitute trade-marks or trade-names of Merial, its affiliates and related companies, their licensors or other third parties. The Site, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.
Title to the Site, the Content and the Services and the trade-marks or trade-names displayed on the Site, in the Content or in association with the Services remains with Merial, its affiliates and related companies, their licensors or other third parties. Nothing contained in these Terms and Conditions or on the Site shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any such trade-marks, trade-names, copyright or other intellectual property rights of Merial, its affiliates and related companies or their licensors or any other third party. Any unauthorized use of the Site, the Content or the Services or the trade-marks, trade-names, copyright or other intellectual property rights of Merial, its affiliates and related companies, their licensors or other third parties is strictly prohibited, and Merial reserves the right to take such steps as it deems necessary, including legal action, to enforce such rights.
Conformance with Law
You agree to use the Site, the Content and the Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations.
Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms and Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer); or (ii) render accessing the Site or the Content or using the Services illegal, are not authorized to use the Site, the Content or the Services.
Linked Sites
The Site may contain hypertext links to the web Sites of third parties. Such hypertext links should not be construed as Merial's express or implied endorsement of any linked web Site or an affiliation with their owners or operators. Merial cannot and does not warrant the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information, data, or services available on or through these web Sites, and Merial disclaims any opinions expressed on such web Sites.
DISCLAIMER
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. USE OF THE SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK. NEITHER MERIAL, ITS AFFILIATES AND RELATED COMPANIES NOR THEIR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, RELIABILITY, ACCURACY, CURRENCY, COMPLETENESS OR TIMELINESS OF THE SITE, THE CONTENT OR THE SERVICES. MERIAL, ITS AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES, NOR ARE THEY RESPONSIBLE FOR ANY SLANDEROUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE SERVICES.
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE ANY SUCH ADVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MERIAL, ITS AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT AND THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE, THE CONTENT AND/OR THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL MERIAL, ITS AFFILIATES AND RELATED COMPANIES AND THEIR LICENSORS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT MERIAL, ITS AFFILIATES AND RELATED COMPANIES OR THEIR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE, THE CONTENT OR THE SERVICES.
Viruses
Merial cannot and does not guarantee or warrant that the Site, the Content or the Services are compatible with your systems or that the Site, the Content or the Services will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems as a result of your use of the Site, the Content or the Services.
Claims
You agree that your use of the Site, the Content or the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Merial, its affiliates, related companies or their licensors.
Indemnification
You agree, at your own expense, to indemnify and hold Merial, its affiliates and related companies and their directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against Merial, its affiliates and related companies and their directors, officers, employees, representatives, agents and licensors by a third party as a result of your breach of these Terms and Conditions.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction in any jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed to be severable and the remaining provisions shall remain in force and effect.
No Waiver
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law
These Terms and Conditions are governed by the laws of the Province of Ontario and the laws of Canada applicable therein and these laws apply to your use of the Site, the Content and the Services by you, notwithstanding your domicile, residency or physical location.
Contact Us
Merial values your visit to this Site and welcomes any questions or suggestions you may have about the Site, the Content or the Services. Click on the question mark on the home page to send us an email or call us at 1-866-637-4250.
These Terms and Conditions were last updated on January 2nd, 2015.
