TERMS AND CONDITIONS
dated – 30th September 2020
Welcome to Findo- Finds what’s safe for pets!
Findo is operated and managed by VetSearch Inc (USA).
These are the terms and conditions for:
Findo App (iOS version – Available, Google Play – Android version when available )
The following terms and conditions apply to the application and services offered by Findo. This includes the mobile and tablet versions as well as any other version of Findo accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “FINDO” APPLICATION.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Findo. By registering and using the application, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Findo. You agree to be bound by any modification to this terms and conditions when you use Findo after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Findo may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the services only if you can form a binding contract with Findo, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the application for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By registering and using the application, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
The Findo App is an information and entertainment tool that helps to identify:
The nature of the ingredients on food or pet product labels, their characteristics, the safety of consumption, their effects, etc.
Identify if any plant is safe or unsafe for pets.
Findo services and functionalities can be accessed through subscriptions with monthly payments or through download services with a one-time payment.
For more information about our application, services and its functionalities, please contact us, through our contact information, our support team will be attentive and available to answer your questions and concerns.
If you wish to register, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under the laws. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Findo (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Findo reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time.
ACCOUNT AND SECURITY
If you register on Findo, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Findo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Findo. Findo will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Findo with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address and phone number (includes WhatsApp) to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Findo. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Findo. Findo reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Findo believes that you have breached any of these terms, furnished Findo with false or misleading information, or interfered with use of the service by others.
Findo offers monthly subscriptions through the App.
When you place an order for a subscription, you are offering to buy the subscription for the advertised price declared on the App, in accordance with the features offered on Findo. Please check the price and characteristics of the subscription, before placing an order for a subscription. When a user with the intent to purchase a subscription on the App, places an order online, Findo will send that user an email to confirm that the order for the subscription purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their subscription details. The subscription will be active, and will show when the next payment date is. You can cancel the subscription at any time, but please note, once a payment is submitted and the subscription is active, we cannot offer a refund for the time the subscription was active.
Findo may cancel any sale and not supply services if it is reasonable to do so and may change or discontinue the availability of the subscriptions at any time at its sole discretion. If an order is cancelled, any payment made for the subscription will be refunded in full. This does not affect your Statutory Rights.
Subscription may include automatic recurring payments for periodic charges. You authorize Findo to renew your subscription and to be charged periodically and progressively. The Subscription Billing Date” is the date when you purchase your first subscription. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration. The subscriptions will automatically renew for an additional period, unless canceled before the subscription start date. Cancelled accounts will immediately lose access to paid features on the platform.
Findo reserves the right to determine pricing for Subscriptions and services (Downloadable content). Findo will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Findo may change the fees for any subscription and services, including additional fees or charges. Findo, at its sole discretion, may make promotional offers with different features and different pricing to any of Findo users.
All payments to Findo are handled securely. Payment will be debited from your credit card or debit card, immediately on you placing the order for the subscription or service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. Findo reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services and subscriptions. Some additional fee-charges may be charged for any transaction made through the platform.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
The exact reading of the fonts cannot be guaranteed, nor can the identification of all ingredients or poisons be guaranteed, Findo is an online service and tool that is used for information and entertainment purposes only. Any service, content or information provided by Findo is provided "as is" and should not be considered as professional or expert advice from a veterinarian. Findo does not provide veterinary advice or service.
All information obtained from Findo is intended to provide a basic knowledge base for entertainment purposes only. Information obtained through the application does not replace the advice of certified professional veterinarians. If you suspect poisoning or disease, please consult your veterinarian.
Findo does not accept claims of any kind as a result of the use of the information provided through the application. The use of the information obtained through the application is the sole responsibility of the users.
In addition, we make no representations or warranties about the accuracy, completeness, quality, authenticity, timeliness or relevance of the information obtained through the application. It is your responsibility to determine whether, how and to what extent your intended use of the information provided by Findo will be possible in the individual situations in which you intend to use it. Before acting on any information provided by Findo, you should consider obtaining additional information and professional advice from persons with professional licenses who are familiar with your local or individual circumstances.
Please note that the information contained in our plant lists is not meant to be all-inclusive, but rather a compilation of the most frequently encountered plants. Individual plants may differ in appearance from the photos used on our listings. Please be sure to check the name of the plant to determine its toxicity.
The Findo App should not be used to diagnose a disease or treatment for any suspected poisoning. Please note that emergency situations should be dealt with directly by the veterinary emergency services, through the hotlines or directly by the veterinary emergency services. The Findo application is not the appropriate place to deal with such situations.
LICENSE TO USE THE PLATFORM
Findo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Findo as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Findo, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Findo application or third parties.
RESALE OF SERVICES
Users may not resell the services or any portion of the content or the functionality of the platform, to any other party without prior written permission from Findo, which may be granted or withheld in Findo sole discretion.
You understand that Findo and software embodied within Findo may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Findo and/or content providers who provide content to Findo platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Findo.
All materials on Findo, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Findo or by third parties that have licensed or otherwise provided their material to the application. You acknowledge and agree that all Materials on Findo are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Findo prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Findo or any part of the material for any purpose other than its intended purposes is strictly prohibited.
Findo respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Findo application infringe upon your copyright or other intellectual property right, please send the following information to:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Findo may find it on the Findo application. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Certain features of the application may permit users to upload content, which may be comprised of messages, video, images, text, etc., and to publish that user content on the application. You retain any Copyright that you may hold in the user content that you post to the application. Nevertheless, we need certain permission from you in order to publish the content. Findo is not responsible for the accuracy, safety or legality of user content published in the application. Users are solely and exclusively responsible for their content and the consequences of publishing their content. Findo does not accept any claims of any kind for content posted by users.
LICENSE GRANT TO FINDO
USER CONTENT REPRESENTATIONS AND WARRANTIES
Findo disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Findo and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Findo, the Service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Findo to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
USER CONTENT DISCLAIMER
We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. Findo may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Findo with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Findo does not permit copyright-infringing activities on the service.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the application is accurate, complete or updated. The content of this application is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this application is at your own risk.
The service may not be used in connection with any commercial purposes, except as specifically approved by Findo. Unauthorized framing of or linking to any of Findo is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.
Findo contains content of third-party licensors to Findo, which is protected by copyright, trademark, patent, trade secret and other laws. Findo owns and retains all rights, title and interest in the content. Findo hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Findo or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Findo and using the services.
Any dealings with third parties included within or on Findo involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Findo is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Findo does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Findo or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Findo is provided to you for informational purposes only. Findo encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Findo works to ensure the information on Findo is current and accurate.
The content and information available on the application (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Findo or licensed to the Findo by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the application. Additionally, you agree not to:
Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Findo.
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the services into any other application or website without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Findo in connection with the services.
Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
Download any content unless it’s expressly made available for download by Findo.
DISCLAIMER OF WARRANTIES
Findo will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Findo provides and maintains the application on an "as is", "as available" basis and makes no promise that use of the application will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our application may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Findo for any loss or damage caused as a result.
Findo will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Findo excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Findo and Findo shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Findo.
Any interruptions to or delays in updating Findo.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the application or any product or service purchased through the application.
Any loss or damage resulting from your use or the inability to use the application or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the application, or from transmissions via emails or attachments received from Findo.
All representations, warranties, conditions and other terms which but for this notice would have effect.
No responsibility will be accepted by Findo for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Findo from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Download the Findo application.
Your use of the Findo application and services.
CHANGES AND TERMINATION
We may change the application and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Findo without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Findo application, will be settled by binding arbitration between you and Findo, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Findo are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Findo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of USA (UNITED STATES). The Findo application is released, operated and maintained in USA (UNITED STATES). Any dispute over these terms, users or application outside USA must be claimed in USA (NOT in other countries). The tribunals in USA shall be competent to resolve any dispute regarding the application or these terms.
Use of Findo application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these Terms please contact us at: contact@meetFindo.com