GENERAL

Thank you for visiting Lost and Hound. We have built a platform for pet owners to showcase their pet’s unique personality, health conditions and owner contact details. Their profile can be accessed directly from a Lost and Hound Pet ID tag via a QR Code or web link. To know more about us, please check out our “About Us” section. 

Please note that these Terms and Conditions contains a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these Terms and Conditions or your use of our Services will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.   

By accepting this Agreement, you agree that you are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are a minor in your jurisdiction, you can use our Services only with the consent of your parents or legal guardian(s). 

By agreeing to these Terms and Conditions, you agree to the processing and storage of your personal information in accordance with our Privacy policy. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail. 

APPLICABLE TERMS 

• These Terms and Conditions constitute the whole agreement between us for the purposes of accessing our Services. At certain places, you may be asked to agree to additional terms and conditions. Those additional terms and conditions are hereby incorporated into these Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms shall control.
• You may use our Services and our products and services as long as you are competent to enter into this Agreement, comply with this Agreement, and comply with the applicable law.

REGISTRATION AND SUBSCRIPTIONS

• You may sign up as a registered user of our Services and by subscribing to any of the available plans.
• To become a registered user of our Services, you may be required to submit personal information such as your first name, last name, gender, date of birth, and email address, shipping address. We handle and use your personal information in accordance with our privacy policy. We encourage you to read our privacy policy carefully.
• You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device. We will not be held responsible if someone hacks into your account or steals your personal information. You may not register more than one account.
• Lost and Hound's accounts are not transferable and therefore you agree not to sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.
• By registering as a user of Lost and Hound, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of our Services does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.

PAYMENTS

• You agree to pay us a one-time payment of NZD $30.00 for the pet tag. In addition to this, you agree to pay us an ongoing monthly fee of NZD $ 1.99 if stated at time of payment. 
• You authorise us to charge your credit card, debit card, or any other payment method opted by you.
• If applicable, Once you subscribe to our products and services, you can cancel your account anytime but we will not be issuing any refunds.
• We reserve the right to change our subscription plans or adjust pricing for our products and services at any time and in any manner. It is your responsibility to periodically review our Terms and Conditions and the subscription plans.

PROHIBITIONS AND RESTRICTIONS 

Your use of our Services is contingent upon the following: 

• you will not interrupt, interfere, harm, damage, destroy or limit the functionality of our Services. Such acts include but are not limited to uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs;
• you will not access our Services in an unauthorised manner or in contravention of the local laws, rules, and regulations;
• you will provide us true and accurate information about your pet including breed, age, eating habits, behaviour patterns, and others;
• you will not impersonate any person while using our Services and conduct yourself in an offensive manner;
• you will not use our Services for any illegal purposes including but not limited to unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes.
• We reserve the right to remove any account, member, or subscriber who does not comply with the above prohibitions and restrictions.

INTELLECTUAL PROPERTY RIGHTS 

• Our Services and all content (including text, logos, trade marks, service marks, photographs, and others) available on our website is either owned by us (or our affiliates) or by our licensors.
• You are prohibited from using any intellectual property related to our Services without  seeking our prior written authorisation. You may write to us at hello@lostandhound.co.nz for seeking our consent to use our intellectual property.
• We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.
• You undertake not to do anything on our website or platform which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorisation. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative.
• Our website and platform may allow users to submit content to us. For example, you may be able to upload your pet's profile picture or medical records, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote the our Services. You grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty free, worldwide license to use, copy, distribute, publicly perform, publicly display, print, publish, republish, modify, translate and create derivative works of such user generated content.  This license also grants us the right to sublicense the user generated content to other users so that they are able to use this content from time to time.

DISCLAIMERS

Our Services have been made available to you after months of painstaking research and effort. While we have undertaken best efforts to ensure the quality of the pet tags and the reliability of the pet tag subscription, we will not be held liable if the pet tag does not fulfil its purpose or if you are not satisfied with the results. We do not guarantee the safe return of pets. If you think that our product is defective or our service is unreliable, please write to us as: hello@lostandhound.co.nz . We will undertake best measures to rectify the defects or the errors (as the case may be) as soon as possible. 

We are a pet tag company.  We are neither an animal shelter nor are we engaged in rescuing pets. Our Services are not a substitute for lodging an official missing report with your local county or council. If your pet goes missing, you should lodge an official report with your local council in addition to using our Services.

CANCELLATION, SUSPENSION AND TERMINATION   

You may cancel your subscription plan at any time though we will not be issuing any refunds. 

We may suspend or terminate your access or use of our Services as a result of fraud or breach of these Terms and Conditions. Such termination or suspension may be immediate and without notice. If you want to appeal such suspension or termination, you can write to us here : hello@lostandhound.co.nz

LINKS TO OTHER OUR SERVICESS OR SERVICES

We may provide links to other websites or products or services for you to access. You agree that any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those products or services. We will not be held liable for any breach occurring due to your access of those websites or products or services including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those websites.

We will also not be responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party websites or products or services.

You must not create a link to our Services in such a way as to suggest any form of association or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to our platform or our website. If you wish to establish a link to our platform or website or enter into a commercial partnership with us, please send us an email at :  hello@lostandhound.co.nz 

If we discover that you have linked your website to our website or platform without taking our written authorisation, we reserve the right to remove such links without giving any prior notice to you. 

LIMITATION OF LIABILITY 

Under no circumstance shall we or any of our officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of our services or our products and services, whether such liability is under contract, tort or otherwise. 

Under no circumstance shall we including our officers, directors and employees be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of our Services.

ASSIGNMENT 

We may transfer our rights and obligations under these Terms and Conditions to any company, firm or person at any time provided it does not materially affect your rights under it. 

You may not transfer your rights or obligations under these Terms and Conditions to anyone else as they are personal to you. 

INDEMNIFICATION 

You agree to indemnify us to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions. 

SEVERABILITY 

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

VARIATION OF TERMS 

We may reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. It is your responsibility to keep yourself updated about recent changes. 

WAIVER 

If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute as a waiver of that right or any other rights under these Terms and Conditions.

DISPUTE RESOLUTION 

Each of the Parties hereto agrees that they will attempt to settle any dispute, claim or controversy arising out of this Agreement through good faith negotiations in the spirit of mutual cooperation between senior business executives with authority to resolve the controversy.

Any dispute, claim or controversy that cannot be resolved by the parties through good faith negotiations within thirty (30) days of the notification to the other party of the commencement of the dispute resolution procedures of this will then, upon the written request of any party hereto, be resolved by binding arbitration conducted in accordance with the rules of the New Zealand Dispute Resolution Centre (NZDRC). Such arbitrator shall be mutually agreeable to the parties. If the parties cannot mutually agree upon the selection of an arbitrator, the arbitrator shall be selected in accordance with the rules of the New Zealand Dispute Resolution Centre (NZDRC). 

Nothing contained in this Agreement shall prevent any party hereto from resorting to judicial process if injunctive or other equitable relief from a court is necessary to prevent injury to such party or its affiliates. The use of arbitration procedures will not be construed under the doctrine of laches, waiver or estoppel to adversely affect the rights of any party hereto to assert any claim or defence.

If the parties fail to resolve the dispute via good faith negotiations or via arbitration, they may decide to resolve the dispute via litigation. The parties agree to submit to the jurisdiction of courts in Queenstown, New Zealand. 

INJUNCTIVE RELIEF 

You acknowledge that compliance with this Agreement is necessary to protect our goodwill and other proprietary interests and that a breach of this Agreement will give rise to irreparable and continuing injury to us which may not be adequately compensable in monetary damages or at law. Accordingly, you agree that we may obtain injunctive and other equitable relief against the breach or threatened breach of the foregoing provisions, in addition to any other legal remedies that may be available under this Agreement. If we make application to a court of competent jurisdiction for injunctive relief to enforce this Agreement, you agree to waive, to the greatest extent permissible, any requirement that we post bond or other security as a precondition to an injunction, whether temporary or permanent. 

Each party agrees that if you violate any provision of these Terms and Conditions, we will be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or other benefits that you may be given access to. These remedies shall be in addition to, and not in limitation of, any injunctive relief or other rights to which we may be entitled at law, or in equity, or under these Terms and Conditions.

In the event either party initiates action to enforce its rights hereunder, the prevailing party shall recover from the non-prevailing party its reasonable expenses, court costs, including taxed and untaxed costs, and reasonable attorneys’ fees, whether suit be brought or not

ENTIRE AGREEMENT 

These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of our Services and our products and services. These Terms and Conditions supersedes all prior agreements and understandings with respect to the same.

CHOICE OF LAW   

These Terms and Conditions are governed by the laws of New Zealand. 

NOTICES & COMMUNICATION 

These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy. 

These Terms and Conditions are effective from 1^st March 2022 If you have any questions related to these Terms and Conditions or about our Services, please contact us at hello@lostandhound.co.nz

These Terms are effective and were last updated on March 1^st 2022 

Lost and Hound Limited is located in New Zealand.