These terms of use (“Agreement”) are between UPDOG Limited, a company registered in California with a registered address at 10650 Dean Martin Dr, #419 Las Vegas, NV 89141 (“UPDOG”, “we”, or “our”) and you, and govern your use of the UPDOG Platform and access to the Services.
2.1 You grant UPDOG and our affiliates a non-exclusive, worldwide, perpetual, transferable, and sub-licensable right to use, copy, modify, distribute, publish, and process any content:
2.2 If you are paying for Services, you also grant UPDOG a licence to manage your Other Digital Accounts for the purposes of promoting your business and to act as an agent on your behalf in binding you to the terms and conditions of your Other Digital Accounts. Such licence and agency relationship will continue after termination of this Agreement until you have assumed ownership of such accounts or they have been deleted by UPDOG pursuant to Clause 9.6. You confirm that you will comply with the terms of use of all Other Digital Accounts that we set up on your behalf and manage for you as part of the Services. You acknowledge that, where we manage your Other Digital Accounts, the content published on such platforms is managed by third parties and may be outside of the control of UPDOG.
2.3 If you are paying for Services, UPDOG may license you a Company Website and/or a Domain Name. UPDOG is the registrant of the Domain Name.
2.4 If you are paying for Services and you have signed up to listings management as part of the Services (as stated in your Order Summary), you confirm that your listings information:
3.1 You make the following warranties to UPDOG:
4.1 You shall defend, indemnify, and hold harmless UPDOG against any claims, actions, proceedings, losses, damages, expenses, and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the UPDOG Platform, any Services including, without limitation, any Domain Name, or your breach of the warranties set out in Clause 3 of this Agreement.
5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER UPDOG NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE UPDOG PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT. UPDOG CANNOT BE RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR WHAT PROPORTION WILL CONVERT TO PAYING CUSTOMERS. REFUNDS WILL NOT BE PROVIDED IN THE EVENT THAT THE NUMBER OR QUALITY OF LEADS YOU RECEIVE THROUGH THE PAID SERVICES DOES NOT MEET YOUR EXPECTATIONS.
5.2 UPDOG cannot guarantee the continuous, uninterrupted, or error-free operability of the UPDOG Platform or that it will be free from computer viruses or similar threats. There may be times when some or all features of the UPDOG Platform become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn by UPDOG, in UPDOG’s sole discretion, without notice. UPDOG will not be liable to you or any third party for any unavailability, modification, or suspension of any elements of the UPDOG Platform or for any loss or damage as a result of computer viruses or similar threats.
5.3 UPDOG takes all appropriate measures to ensure that the content on the UPDOG Platform is accurate, complete, legal, and not misleading or offensive. However, we do not review content provided by users and are not responsible for such content. If you come across any content that breaches these principles, please notify us by writing to us at help@kacy.net. We reserve the right to remove or edit any content at any time without notice.
5.4 You are responsible for deciding if you want to access third-party sites that link from the UPDOG Platform. Third-party sites have their own legal terms and Privacy Policies, and you may be giving others permission to use your information in ways we would not. UPDOG is not responsible for third-party sites, and you should use them at your own risk.
5.5 UPDOG may require access to your Other Digital Accounts on your behalf in order to provide certain Services. You acknowledge that you have separate agreements with the service providers managing your Other Digital Accounts, and you are solely liable under such agreements. UPDOG does not accept any responsibility or liability for their platforms, features, terms or policies, or the accuracy of any content relating to your business that may be available on their sites.
6.1 Nothing in this Agreement excludes UPDOG’s liability to you for death or personal injury caused by UPDOG’s negligence or for fraud or fraudulent misrepresentation.
6.2 Subject to Clause 6.1, UPDOG shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including by way of example and without limitation, loss of profit as a result of your business not showing on a search engine), loss of revenue, contracts, data, goodwill, or other similar losses, arising under or in connection with your use of the UPDOG Platform or any Services.
6.3 Subject to Clause 6.1, UPDOG’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount paid by you for any Services during the 12 months immediately preceding the date on which the claim arose.
7.1 If you use the UPDOG Platform to request a booking with or to send a message to a Service Provider, then your contact details will be passed to the Service Provider in accordance with our Privacy Policy.
7.2 Any goods or services that you may agree to purchase from a Service Provider (including via a payment link on the UPDOG Platform) are agreed directly between you and the Service Provider, and you will make any payments to the Service Provider or its payment processor directly. UPDOG is not responsible or liable to you for such goods or services.
7.3 You should check all details and any restrictions relating to goods and services before making a booking request or a purchase and ensure that you notify the Service Provider of any conditions that might be relevant to the provision of the services.
7.4 All services listed on the UPDOG Platform are subject to the availability of the Service Provider. Price information listed may be inaccurate, and you should confirm this directly with the Service Provider prior to booking any services or purchasing any goods.
7.5 You should contact the Service Provider directly if you have any complaints regarding the services provided to you.
8.1 The management and use of all User Data is governed by our Privacy Policy.
8.2 Subject to Clause 8.1, UPDOG shall own all User Data and may use it for any purpose set out in our Privacy Policy, notwithstanding the termination of this Agreement for any reason. UPDOG gives you the right to use User Data collected via your Company Website to the extent needed for you to provide your goods and services.
9.1 Subject to Clause 9.2 below, either party may terminate this Agreement on 1 month’s written notice to the other.
9.2 UPDOG reserves the right to cease providing Services to you with immediate effect if it considers, in its sole discretion, that you are acting in violation of its policies or the products or services offered on your Company Website are not supported by UPDOG. Either party may terminate this Agreement with immediate effect if: (i) the other party is in material breach of the Agreement, or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
9.3 If the Services are cancelled by either party, or this Agreement is terminated, then the rights and licences granted to you under this Agreement, including your licence to the Company Website and the Domain Name, will be terminated with immediate effect.
9.4 Prior to the termination of this Agreement, you may elect for the registration of the Domain Name to be transferred to you, subject to payment to UPDOG of a transfer fee.
9.5 In the event that we are managing your Other Digital Accounts as part of any Services, on termination, we may, at our discretion, either delete such accounts, transfer them to you, or leave them as is.
10.1 UPDOG may revise this Agreement from time to time. The most current version will always be posted on our website. Any material changes will be notified to you by email if you have a UPDOG account.
10.2 This Agreement, including the Order Summary, supersedes any prior agreements between us and constitutes the entire Agreement relating to this subject matter. If there is a conflict between this Agreement and the Order Summary, the Order Summary shall take priority.
10.3 If you have any questions or issues with this Agreement or the quality of your Services, please contact UPDOG at help@kacy.net or through the notice procedures in Clause 10.7.
10.4 UPDOG will not be liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
10.5 The terms and conditions of this Agreement, including the price of any Services, will be considered confidential information of UPDOG, and you will not disclose this information to any third parties.
10.6 You may not assign or transfer this Agreement or any rights or obligations under this Agreement without UPDOG’s written consent. UPDOG may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale.
10.7 Notices can be sent by email, post or hand delivery and are deemed given when received. UPDOG’s address for notices is legal@kacy.net and Legal Department, UPDOG 10650 Dean Martin Dr, #419 Las Vegas, NV 89141.
10.8 Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
10.9 If UPDOG fails to enforce, or delays in enforcing, any of UPDOG’s rights under these terms, that does not result in a waiver of the rights concerned.
10.10 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.
10.11 This Agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
11.1 As a new customer, you may request a refund within 30 calendar days of the Date of Purchase for any reason. The Date of Purchase is defined as the date you have paid the Setup Fee, which is the one-time fee paid by new customers for UPDOG to build a website. The Refund Period is defined as the 30-day period from the Date of Purchase.
11.2 You must complete a questionnaire about your business in order for UPDOG to be able to create your business website. If you have not completed the questionnaire, you will not receive a business website. You may request a refund at any time within the Refund Period whether or not you have completed the questionnaire and/or received the business website.
11.3 Subject to Clause 4 of this Refund Policy, you are ineligible for a refund after the Refund Period, irrespective of whether you have completed the questionnaire and/or received the business website. Failure to complete the questionnaire required for UPDOG to build the business website does not automatically extend the Refund Period. Outside the Refund Period, all sales are final and non-refundable.
11.4 If UPDOG has not delivered the website within 7 days of your completing the questionnaire, then UPDOG will extend the Refund Period according to the number of days UPDOG was delayed. For example, if UPDOG delivered your business website 8 days after you completed the questionnaire, then your Refund Period would be extended by 1 day.
11.5 Subject to Clause 1, if you have purchased Services from UPDOG, then the refund shall include the full amount paid less the cost of the custom domain name if one has been selected. If no custom domain name has been selected, then the recurring plan subscription shall be refunded in full.