These Vendor Terms of Service constitute a legally binding agreement between Vendor as a registered account user (“Vendor” or “you”) and ZiggyFetch, Inc. (“ZiggyFetch”) governing your access and use of www.ZiggyFetch.com and the ZiggyFetch mobile applications (collectively the “Platform”) and the software, services and Products made available through the Platform (the “Services”).
Internet technology, and the applicable laws, rules and regulations change frequently. ZiggyFetch reserves the right to make changes to these Terms of Service at any time.
This Agreement includes provisions for binding arbitration on an individual basis – which includes a waiver of a right to a jury trial or a right to file a class action.
1. ZIGGYFETCH’S PLATFORM
ZiggyFetch is a peer-to-peer e-commerce animal platform that allows Vendors to provide animal-related services and/or sell animals and animal-related supplies to Platform users.
Participation as a Vendor shall enable Vendor to open a Store on the ZiggyFetch Platform to:
● Create a Store-Based Profile;
● Advertise your Products and/or Vendor Services to other users of the Platform;
● Post information about your licenses, certifications and experience;
● Set your own pricing and availability;
● Facilitate payment for Vendor Services and Products; and
● Receive monies paid upon the sale of any Products and/or the completion of Vendor Services.
Content – All account and Store Profile-related information submitted to the Platform, any and all text, data, software, graphics, and information, images audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged through the Platform.
Products – the range of animals and animal-related supplies sold by a Vendor.
Store Profile - The visual display on the Platform of Content provided by Vendors to enable users to view and purchase goods and Vendor Services from Vendor.
User - A third party registered user on the Platform who may purchase Products and/or Vendor Services from Vendors profiled on the Platform.
Vendor - A third party registered user who offers and provides goods and Vendor Services to Users through the Platform.
Vendor Services - The range of instruction and/or services provided by Vendors profiled on the Platform.
3. CREATING AN ACCOUNT
Account Creation: There is no charge to create a user account or open a store on the Platform. To open a store on the Platform, you must be at least 18 years of age, accept these Terms of Service and provide your name, business address, email address, phone number, tax identification number and an account password.
Account Security: You are responsible for safeguarding any password created for your account and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. ZiggyFetch shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
Consent to Receive SMS Messages: By providing your mobile phone number and by opting into mobile phone-based notifications, Users hereby consents to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider. You may opt out by unsubscribing in response to SMS or by changing the message preferences in your Store Profile or on your mobile phone’s Notifications/Settings tab.
4. STORE PROFILE AND LISTINGS
Vendors Availability and Store Profile: Vendors are solely responsible for communicating their product and services availability, work experience, training, qualifications, and applicable licenses or certifications within their Store Profile.
Licenses and Certifications: Vendors are responsible for complying with all applicable laws and regulations, including obtaining all required licenses and certifications, pertaining to the Products and Vendor Services offered by Vendor through the Platform.
Insurance: Vendors are responsible for obtaining any insurance coverage which may be appropriate to insure against the risks involved in providing Products and Vendor Services to Users, including, but not limited to, insurance coverage for injuries to Vendor, as well as coverage against third party liability.
Product & Vendor Services Description(s): You are responsible for the accuracy of all information relating to the product and Vendor Services posted by you on the Platform, including images, descriptions, categorization/tags, availability and price. However, the appearance of product colors may vary as a result of the quality of a user’s device and for other reasons. ZiggyFetch cannot guarantee that the display of any color will be accurate.
Cancellations, Rescheduling and Refunds: Users and Vendor must adhere to the refund and cancellation policy options selected by Vendor within its Store Profile as set forth in ZiggyFetch’s Refund and Cancellation Policy. ZiggyFetch shall not be liable to Vendor, Users or any third party for any claims arising from or relating to the Products or Vendor Services purchased through the Platform.
Sales Tax: You are solely responsible for ensuring that you have all valid rights, licenses and permits to sell Products on the Platform and collect all applicable sales tax. Prices posted on the platform shall be inclusive of sales tax rates and Vendor is solely responsible for calculating and remitting applicable sales tax to the appropriate tax agencies.
Users Information: Any information received by Vendor through the Platform pertaining to any Users shall be used solely for the purpose of providing the Products and/or Vendor Services purchased through the Platform. Vendor shall not use Users Information for purposes other than providing the Products and/or Vendor Services and shall not sell or otherwise disclose Users Information to any third party for any purpose, commercial or otherwise.
Reviews & Ratings: Users may submit ratings of Vendor, its Products and/or Vendor Services. Reviews and ratings will be publicly available for viewing on your Store Profile. ZiggyFetch shall not be liable for any loss or damage arising from any reviews & ratings submitted to the Platform.
ZIGGYFETCH IS NOT A PARTY TO ANY TRANSACTION RELATING TO THE PRODUCTS AND/OR VENDOR SERVICES PROVIDED BY VENDOR THROUGH THE PLATFORM. VENDOR IS, AT ALL TIMES, ACTING ON HIS OWN BEHALF AS AN INDEPENDENT CONTRACTOR, AND NOT AS AN EMPLOYEE OR AGENT OF ZIGGYFETCH. ZiggyFetch offers only a service through the Platform to facilitate the purchase of Products and/or Vendor Services between Vendors and registered Platform Users.
5. PAYMENT ACCOUNT SET UP
Payment processing services for Vendors on the Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Terms of Service, or continuing to operate as a Vendor on Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ZiggyFetch enabling payment-processing services through Stripe, you agree to provide ZiggyFetch accurate and complete information about you and your business, and you authorize ZiggyFetch to share it and transaction information related to your use of the payment processing services provided by Stripe.
ZiggyFetch offers Vendors the ability to promote and obtain exposure of their Products and Vendor Services to Platform users and to generate sales of Products and Vendor Services on the Platform. In consideration for Vendor’s ability to promote and sell its Products and Vendor Services, ZiggyFetch shall impose a service fee as follows:
Vendor Service Fee Structure: A Vendor Service Fee shall be calculated based upon the total price of each transaction (“Transaction Price”) processed through the Platform, excluding additional fees such as shipping and handling, (“Service Fee Price”) pursuant to its Vendor Service Fee policy in effect at the time of the transaction.
Excluded Orders: ZiggyFetch will not deduct a Vendor Service Fee on a transaction that has been canceled or refunded in accordance with Vendor’s applicable refund and cancellation Policy.
Net Revenue Payment: ZiggyFetch will remit to Vendor an amount equal to the Transaction Price less the calculated Vendor Service Fee and applicable Stripe Payment Processing Fee (“Net Revenues”). Stripe shall transfer to Vendor the Net Revenues incurred to Vendor’s Connected Account in accordance with ZiggyFetch’s Vendor Payout Policy. ZiggyFetch will retain the Vendor Service Fee as consideration for the Services provided through the Platform.
Refund/Return Requests: In the event your Stripe Connected Account becomes inactive and ZiggyFetch is unable to initiate a deduction of any monies due for an authorized cancellations or refund, Vendor shall be solely liable and responsible for all monies otherwise due to a User.
Taxes: Vendor is solely responsible for the payment of any and all taxes associated with any Net Revenues received through the Platform.
7. VENDOR RESPONSIBILITY
Compliance with Applicable Laws: Vendor shall be responsible for complying all applicable laws and licensing requirements pertaining to the sale of Products and/or Vendor Services, including obtaining all applicable permissions to provide the Vendor Services on any public or private, obtaining all necessary insurance to protect Vendor from any and all damages and liability arising from or relating to its Vendor Services, and ensuring Users receives the appropriate level of Vendor Services in accordance with all safety and applicable industry-wide standards. ZiggyFetch shall not be liable for any damages incurred by Vendor, Users or any third party for the Vendor purchased through the Platform.
Privacy Compliance: Vendor shall be responsible for compliance with any and all privacy rules or regulations and/or data collection laws or regulations applicable to any user-information collected by you as a result of transactions processed through the Platform.
Non-Discrimination Policy: Vendor shall not discriminate against any User on the basis of race, color, ethnicity/national origin, religion, marital or family status, physical or mental disability, gender, gender identity, pregnancy, age, sexual orientation, or other protected category under applicable state or federal law.
8. LICENSE TO USE THE SERVICES
ZiggyFetch hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Platform and Services during the term of this Agreement.
9. CONTENT LICENSE
Vendor shall retain all rights in any Content uploaded to the Platform. You grant to ZiggyFetch a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to: (i) publish, distribute and publicly display Content on the Platform, (ii) republish or reuse Content on ZiggyFetch’s social media and related marketing services and materials, and (iii) excerpt Content on the Platform, for any purpose whatsoever, commercial or otherwise. ZiggyFetch may, in its sole discretion, remove or take down any Content for any reason.
10. TERMINATION BY ZIGGYFETCH
ZiggyFetch may temporarily suspend or terminate your account and the Services at any time, if ZiggyFetch:
● Suspects a breach of these Terms of Service;
● Receives any complaints that Vendor has discriminated against any user in violation of these Terms of Service;
● Is unable to verify or authenticate account information;
● Believes that you are acting inconsistently with the letter or spirit of ZiggyFetch's policies, have engaged in improper, unlawful or fraudulent activity in connection with the Platform or that your actions may cause legal liability or financial loss to ZiggyFetch;
● Ceases to provide the Services; or
● Believes you are infringing the rights of third parties.
Effect of Termination: If your account is suspended or terminated for any reason, ZiggyFetch is entitled to retain all Vendor Service Fees incurred through the date of termination. Vendor shall be entitled to all Net Revenues generated through the date of termination.
Survival: The following Sections survive termination of these Terms of Service: Content License, Feedback License, Individual Arbitration, Vendor Responsibility, Disclaimers and Exclusions, Indemnification, and Governing Law.
11. PROHIBITED CONDUCT
In your use of the Platform, you may not:
● Discriminate against any user on the basis of race, color, ethnicity/national origin, religion, marital or family status, physical or mental disability, gender, gender identity, pregnancy, age, sexual orientation or other protected category under applicable state or federal law.
● Post false, inaccurate, misleading, defamatory or harassing content;
● Transfer or sell your account, password and/or identification to any third party;
● Offer or provide any Products or Vendor Services that violate any law, statute, ordinance or regulation;
● Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
● Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
● Post obscene or sexually explicit content;
● Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;
● Modify, adapt or hack the Platform or modify another Platform so as to falsely imply that it is associated with ZiggyFetch;
● Distribute or post spam, unsolicited or bulk electronic communications to Platform users;
● Use any robot, spider, scraper or other automated means to access the Platform for any purpose whatsoever;
● Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform’s infrastructure;
● Interfere or attempt to interfere with the proper working of the Platform, its Services or tools; or
● Bypass the Platform’s robot exclusion headers or other measures ZiggyFetch may use to prevent or restrict access to the Platform.
13. FEEDBACK LICENSE
ZiggyFetch welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to ZiggyFetch in accordance with the following:
Non-Proprietary: ZiggyFetch considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Feedback) to be non-confidential and non-proprietary. ZiggyFetch shall not be liable for the disclosure, use or exploitation of such Feedback.
License: You hereby grant and agree to grant ZiggyFetch, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
14. CUSTOMER SERVICE SUPPORT
ZiggyFetch is available by email firstname.lastname@example.org to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
15. INDIVIDUAL ARBITRATION
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with ZiggyFetch arising out of or relating to the Platform, Services, Products/Vendor Services, and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to this Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: ZiggyFetch, Inc. at 20508 Huckabee Bend, Pflugerville, Texas, 78660. Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: State of Delaware, United States.
Trademarks: ZiggyFetch and its logos are trademarks owned by ZiggyFetch. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of ZiggyFetch.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of ZiggyFetch’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
17. DMCA - NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to ZiggyFetch’s Designated Agent, with the following information:
By mail to ZiggyFetch’s DMCA Registered Agent: 20508 Huckabee Bend, Pflugerville, Texas, 78660.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIGGYFETCH, THE PLATFORM, SERVICES AND ALL CONTENT OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZIGGYFETCH DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR CONTENT (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, ZIGGYFETCH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, SERVICES, OR CONTENT OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM. ZIGGYFETCH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM, SERVICES AND/OR CONTENT. ZIGGYFETCH DOES NOT CONTROL USERS’ OR ANY THIRD PARTY SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE PLATFORM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIGGYFETCH MAKES NO WARRANTIES REGARDING USERS’ OR ANY THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON INFORMATION PROVIDED BY USERS OR OTHER SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ZIGGYFETCH, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS PLATFORM, SERVICES AND/OR CONTENT, EXCEED $1000.00.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIGGYFETCH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM, SERVICES, OR CONTENT, EVEN IF ZIGGYFETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless ZiggyFetch, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service, (ii) arising from, related to, or connected with your use of the Platform and/or Services, and/or (iii) arising from or relating to the Products and/or Vendor Services provided by you to any Users through the Platform.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of ZiggyFetch or posted on this Platform by ZiggyFetch.
22. NO AGENCY
The parties to these Terms of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
You shall not assign any of the rights or obligations under these Terms of Service without the prior written consent of ZiggyFetch. ZiggyFetch may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms of Service without your consent.
24. SUCCESSORS AND ASSIGNS
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
25. GOVERNING LAW
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without regard to or application of Delaware’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of Delaware, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
26. NO WAIVER
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
28. FORCE MAJEURE
ZiggyFetch will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Platform as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: ZiggyFetch, Inc., 20508 Huckabee Bend, Pflugerville, Texas, 78660 or email at: email@example.com. All notices by ZiggyFetch will be sent to the email address associated with your account or will be conspicuously posted on the Platform.
30. ENTIRE AGREEMENT
These Terms of Service comprise the entire agreement between you and ZiggyFetch and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.