TERMS AND CONDITIONS FOR OBTAINING "DOG VIVANT CERTIFICATION" AND THE USE OF "DOG VIVANT PLATAFORM"
- DOG VIVANT CERTIFIED HOSTS –
The present Terms and Conditions regulate the conditions which the establishments assume that, by previously registering in the Website, request the Dog Vivant certification ("DV Certification") to become a certified Dog Vivant host ("Host") and establish the conditions of use of the platform ("Platform") and of the specific services and functionalities which Dog Vivant makes available.
Through the Platform, Dog Vivant acts as a mere intermediary offering Hosts a tool which provides facilitates their promotion of their products/services among the dog lovers who form part of the Dog Vivant community ("Users"), therefore Dog Vivant does not accept any responsibility with regard to the offers and promotions which Hosts make on the Platform, nor with regard to the truthfulness and accuracy of the information made available on the Platform on such products/services and the characteristics of their commercial establishment.
DOG VIVANT P.I.C., S.L. is a Spanish company registered in the Mercantile Register of Biscay in Volume 5587, Folio 109, Page BI-67332, 1st entry, with head office in Calle Ogoño 1, Planta 3 Módulo 8, 48930 Las Arenas, Getxo, Bizkaia, and having Tax. Id. number B95827135 (“Dog Vivant”). You can contact Dog Vivant at the postal address indicated, on the telephone number 946422020 or by electronic mail firstname.lastname@example.org.
II.- CONDITIONS FOR OBTAINING AND MAINTAINING DV CERTIFICATION:
The establishments that request the DV certification must be hotel and catering industry establishments that promote dog-friendly policies in their businesses and wish to form part of the Dog Vivant community to publicise their products and services among the Platform Users, as potential clients.
To obtain the DV Certification and enjoy the advantages implied in being a Host, you must register and create a profile in the Platform providing a series of details about our business and your policy of dog admission. For more information about the process of registering and the advantages involved in becoming a Host, consult the section "Do you want to be a certified establishment?" available in this Website [or, when subscribing to this Agreement off-line, read carefully the information document which Dog Vivant provides together with the sample of this Agreement].
If the registration on the Platform is done on behalf of an organisation or legal entity, the physical person who does the registration and accepts the conditions established in this Agreement expressly declare that they have sufficient power of representation to enter into contracts on behalf of the company and bind the organisation they represent to the mentioned clauses. Dog Vivant under no circumstance will be liable for the lack of truthfulness or inaccuracy of the details or declarations made by the representative of the Host.
2.- Economic conditions.
To obtain and keep in force the DV Certification, the Host must complete the registration process and pay the annual rates specified at the time of registering in the Website for each modality/category of establishment, in accordance with the habitual forms of payment for the purpose in the registration process (credit card, direct debit, PayPal).
[Should the form of payment chosen be direct debit, the express acceptance of this Agreement and including the necessary bank details for the purpose, expressly authorises Dog Vivant to make all payments by means of bank draft to the bank account specified in the registration process, indefinitely insofar as the commercial relations derived in this Agreement continue in force, will automatically be renewed annually unless notified of your wish not to renew in the terms and with the notice specified below]
Click here to consult the current rates and the services/advantages involved in obtaining each modality/category of DV Certification. [If you subscribe to this Agreement off-line, you may request the list of current rates from Dog Vivant]
If you have various establishments and which to register all of them as Hosts, write to us at email@example.com and we will send you our personalised proposal.
Once the registration process has finalised and the corresponding fee for the category in which you register is paid, no later than 15 working days you will receive a DV Certification of one year duration, together with the Welcome Pack corresponding to the category/modality in which you have been registered as Host. During the period of validity of the DV Certification you can enjoy the specific services and functionalities of the Platform.
The DV Certification and the services related to the condition as Host will have a duration of one (1) year. In any case, once the initial time period has elapsed, the Agreement will automatically be renewed unless the Host expresses his/her opposition to the renewal thirty (30) days prior to the date of renewal or activate the option of "do not renew" available in the section "my details" in your private Host area in the Platform, giving thirty (30) days notice.
Non renewal (or non payment of the corresponding fee for annual renewal, if this had occurred automatically) will result in the loss of validity of the DV Certification and the services in the Platform.
Once the validity of the DV Certification has expired, Dog Vivant will send you an email to communicate this and, from this moment, the public profile of the Host will no longer be available for the Users in the Platform although the Host may continue temporarily to access the private area of his/her profile, having the possibility, when considered necessary, to request the DV Certification again and reactivate all the functionalities of the Platform paying the corresponding fee for their establishment. This function will only be available for one (1) year, from which time the Host's profile will definitively be erased from the Platform.
The Host may cancel his/her registration at any time during the period of validity of the DV Certification. To do this, select the option "request cancellation" in the section "my data" of your private area of your Host profile The moment the cancellation is effective you will receive a confirmation email. If you should request the cancellation prior to the yearly period of the DV Certification having elapsed, the Host may not under any circumstance request the refund of the proportional amount already paid for the period not used.
From this moment you receive the confirmation email, the public profile of the Host will no longer be available for the Users in the Platform although the Host may continue temporarily to access the private area of his/her profile, having the possibility, when considered necessary, to request the DV Certification again and reactivate all the functionalities of the Platform paying the corresponding fee for their establishment. This function will only be available for a period of one (1) year, from which time the Host's profile will definitively be erased from the Platform.
In any case, from the moment the cancellation e-mail is received, the Host, if he/she wishes, may erase all his/her data from their file definitively, access "my details" and marking the option "erase my file and all my details definitively and irreversibly". Once this action has been confirmed it cannot be undone.
5.- Other conditions of DV Certification maintenance.
Apart from paying the corresponding annual fee, to keep the DV Certification in force and benefit from the related services, the Host must:
- Fulfil the indications specified in his/her Host file with regard to his/her policy of admission of dogs and
- Display the distinguishing DV Certification symbol in a visible place at the entrance to the establishment.
With the aim of checking the quality of the features assured by the associate Host and verifying they comply with the conditions specified in their Host file, Dog Vivant reserves the right to make inspections of the establishments and withdraw the DV Certification from the Host in the event of non-compliance with these conditions.
In this way, if several comments or direct complaints are recorded by Users communicating that a Host is applying a policy of dog admission manifestly different from what is published in their file, or who does not admit dogs without any kind of justification, Dog Vivant reserves the right to withdraw the DV Certification following an interview with the Host concerned and after reasonably analysing the case.
The withdrawal of the DV Certification in such cases by no means implies the right to a refund of the annually paid amount.
In any case, the aim of Dog Vivant is to promote the predisposition of businesses in promoting dog-friendly policies but in no circumstance is it intended to oblige Hosts to accept dogs unconditionally in their establishment when there are clear and sound reasons (basic rules of coexistence, common sense, etc.) that, due to disruptions and/or risks for clients or workers in their business, occasionally may require making exceptions to the usual policies of admission. For this reason, Dog Vivant has drawn up a Cohabitation Guide intended for Users to get to know the basic rules they must comply with concerning the conditions in which their dogs can access and make use of the installations of each category of Host establishment.
6.- Nature of DV Certification.
The Host declares knowing that the DV Certification does not constitute or replace or complement any licence, administrative authorisation or legal entitlement which, according to applicable regulations, may be required of the Host for dogs to access and stay in their establishments.
For this reason, and given that in some cities there may exist by-laws that restrict or limit in some way the capacity of commercial establishments open to the public to permit the entry of animals, from Dog Vivant we advise you to consult the corresponding municipal authorities, as Dog Vivant will not be liable for any consequence which may be required of the Host in this respect.
III.- CONDITIONS OF USE OF THE PLATFORM:
Obtaining the DV Certification implies the use, by the Host, of determined functionalities and services of the Platform ("Services"), which are described in the section "Do you want to be a certified establishment? available in this Website.
This section specifically regulates the conditions of use of the Platform and the Services provided by Dog Vivant on it, and their observance is directly linked to the maintenance of the DV Certification.
2.- Intellectual and Industrial Property.
All the rights of intellectual and industrial property with regard to the content, design and source code of the Platform, of the Services and especially, by way of illustration but not limited to, photographs, images, texts, logos, designs, trademarks, commercial names and materials which are housed in it ("Content") belong to Dog Vivant or to their legitimate licensors. The copying, reproduction, adaptation, modification, transformation, distribution, commercialisation, public communication, making available, extraction, reuse and/or any other action with regard to the Platform, the Services and Content which implies a breach of current national and/or international regulations on matters of intellectual and/or industrial property, or of the present conditions of use, is totally prohibited.
Dog Vivant only grants the Host a non-exclusive, non reproducible, temporary, revocable licence, limited to their exclusive use and not sub-licensable for the use of the Platform, subject to the prior payment of the fee corresponding to the DV Certification which corresponds to their category of establishment and for the exclusive purposes of making use of the same for the functions for which it has been designed and made available.
The Host may not house, store, divulge, publish, distribute, make available or share via the Platform and using the Services any content or material: (i) for which it does not have the right or consent or is not entitled to copy, reproduce, transmit, disseminate, exploit, distribute, exhibit to third parties and/or exploit in the terms and for the purposes provided for in the conditions of this Agreement, or (ii) which infringe or violate the rights of industrial or intellectual property or personal rights of third parties (including, by way of illustration but not limited to, copyright, registered trademarks, patents, designs and industrial secrets - or any other rights of industrial and/or intellectual property recognised by the legislation of any country in which such rights may have effect - moral rights, the right to honour, privacy and personal image). The Host assures Dog Vivant that all the aforementioned content which he/she houses, shares, makes available, transmits or publishes in or via the Platform rigorously fulfils these conditions.
The publication of contents, photos, comments and any material and/or information ("Contents of the Host") in the Platform automatically implies that the same grants Dog Vivant a non-exclusive, free, irrevocable, worldwide and sub-licensable licence for the exploitation of the intellectual property inherent in the Contents of the Host, so that Dog Vivant can make use of this in the context and for the purposes pertaining to the Platform and the Services, as well as for undertaking Dog Vivant advertising actions, the Platform and/or the Services by any channel, making them available to users and the public in general, particularly via social networks.
3.- Content of the Host and policy of opinions and comments.
Dog Vivant does not accept any responsibility for the Content of the Host while it assumes such content complies rigorously with the conditions established in this Agreement, particularly in what refers to intellectual and/or industrial property (according to what is established in the previous section) and similarly excludes any liability for the damage of whatever manner which might arise from the lack of truthfulness, accuracy, exhaustiveness and/or updatedness of the Contents of the Host transmitted, disseminated, stored, made available or received, obtained or to which access has been gained via the Platform, especially, that which is included in the Host file.
Dog Vivant does not accept any responsibility, particularly, for the comments and opinions which the Host voluntarily makes or receives in or through the specific functionalities enabled for this purpose in the Platform. Said comments and opinions in no case represent Dog Vivant nor do they reflect its opinion and, therefore, Dog Vivant excludes any manner of responsibility in this sense. The Users and Hosts are the only ones responsible for the opinions given under their user name/password.
However, and inasmuch as the participation of the Users and Hosts aims to be the essence of the Dog Vivant community, we have drawn up the following basic rules of coexistence to regulate the Policy of Comments and Opinions of Dog Vivant.:
- Comments which might be considered defamatory, degrading, insulting, libellous, obscene or contrary to the law, public order or to the most basic norms of coexistence and respect, or which use foul or disrespectful language will not be accepted.
- Comments must be respectful with the dignity of persons and must not contain words or expressions that encourage, promote or incite directly or indirectly hate, hostility, discrimination or violence for reasons related to ideology, religion or beliefs, family situation, belonging to an ethnic group, race or nation, national origin, reasons of gender, sexual orientation or identity, or illness or disability.
- Comments must not include threats, insults, personal attacks to other users, nor will comments be admitted that foment any kind of cruelty to animals.
- Comments intended to openly slander or harm non-objectively the reputation, good name and trademark of the Hosts and/or Users will not be admitted.
Dog Vivant reserves the right to control, prior to its publication, the content of the comments and opinions which are made via or on the Platform and of eliminating those comments which, in its judgement, do not adapt to the Policy of Comments and Opinions of Dog Vivant.
The Host may only access the Platform and use the Services and Contents available via the means or procedures placed at his/her disposal such purposes in the Platform itself and exclusively for the purposes for which said Content and Services have been made available on the Platform.
Merely by way of illustration but not exhaustively, the Host shall abstain from::
- Accessing, interfering, manipulating or using any area of the Platform or of the computer systems of Dog Vivant or the Platform which are not of a public nature and/or intention, or to whom access has not been given, as well as any other act which violates, eludes or manipulates the terms, workings, policies and the spirit of the Platform;
- Creating false user profiles or participating in discussions or issuing comments simulating opinions of different people or bypassing general restrictions and penalties of the Platform or of the service offered by Dog Vivant, as well as imitating or falsifying the affiliation of the Host him/herself or of any other by using the identity of another person and/or entity with the aim of promoting the file of a determined Host;
- attempting to canvas, investigate, analyse, explore or test the vulnerability of the Platform or any system or network related to it or the Services, or undermining or attempting to break any safety or authentication barrier or measure as well as damaging or creating a threat of damage to the system, to other users, to the host or the network;
- Carrying out modifications or alterations to the products or services that involve an alteration to the same and of their image, capable of damaging the users and their expectations;
- Using the Platform, the Contents and/or the Services contrary and with purposes contrary to the law, moral, public order and the present conditions and, in particular, for the publication, transmission or lodging of information, files, recordings and illegal content that infringe the rights of third parties, which are obscene, racist, sexist, defamatory, pornographic, denigrating or offensive, or that introduce or could facilitate illicit or fraudulent conduct of any type;
- attempting to decipher, decompile, dismantle or revert any software engineering used for the correct functioning of the Platform or the provision of the Services; and
- violating rights of intellectual or industrial property belonging to Dog Vivant or third parties and, especially, reproducing, copying or distributing the Contents as well as permitting public access to the same via whatever means of public communication, or transforming or modifying them, without the express authorisation of the owner of the corresponding rights.
5.- Exclusion of guarantees and limitation of responsibility.
Dog Vivant has adopted, within its possibilities and of the current state of the technology, all the measures reasonably required to ensure the correct functioning of the Platform and the Services, and to avoid the existence and transmission of vulnerabilities and harmful components. However, Dog Vivant cannot guarantee nor indeed does it guarantee: (i) the invulnerability of the Platform and the impregnability of the safety measures adopted to prevent the existence of virus and/or other harmful components on the Platform or in the server that supplies it, and the absence of the same; (ii) damage caused to the Host or to a third person by a person who infringes the conditions which Dog Vivant has established for the use of the Platform or via the violation of the safety systems of the same, and (iii) total reliability, availability and continuity of the Platform, the Services and the Contents.
In the same way, Dog Vivant is not responsible:
- For the use which the Host makes of the Services and Contents under their user name/password and which might represent a violation of any regulation, national or international, of the rights of intellectual or industrial property or any other right of third parties, or of the conditions of use established by Dog Vivant;
- For possible safety errors which might happen from the fact of using non-updated software versions, or for the consequences that might arise from the bad functioning of ones device, whether due to inadequate configuration, presence of computer virus or any other cause external to Dog Vivant;
- For the contents, whatever they may be, which the Host lodges or stores in the Platform, which he/she transmits or disseminates through it, or which he/she sends to Dog Vivant, to other hosts and/or users by means of the Platform itself and/or the channels of communication available in it.
Dog Vivant will also not be liable if there are interruptions in the service, delays, errors, bad functioning of the Platform and the Services and, in general, any inconvenience whose cause is beyond their control or in actions or services of third persons external to Dog Vivant and/or due to the wilful misconduct or fault of other hosts, of users or of third parties - attack by hackers, crackers or other third persons to the safety or integrity of the computer system - and/or for reasons of force majeure. Furthermore, it reserves the right to interrupt the access to the Platform and the Services at any time and without previous warning, whether for technical, safety, control, maintenance reasons or faults in the electric supply and for any other well-founded reason. Under no circumstances can liabilities be imposed due to discontinuity or lack of availability of the Services.
Dog Vivant Indemnity.- The Host shall defend, compensate, indemnify and keep from harm Dog Vivant, its directors, employees, affiliates, agents and any other related persons, with regard to any claims, liabilities, damage, loss, expenses or any other concept, whether reasonable or not, which are the result of any violation of what is stipulated in the Agreement by the Host.
Privacy and cookies policy.- The Host declares knowing that the personal details which they communicate to Dog Vivant will be handled in accordance with the Privacy and Cookies Policy available on this Website. Similarly, the Host authorises Dog Vivant to use the activity information in their Host profile to generate reports and aggregate anonymous statistics. Under no circumstances will Dog Vivant share their details with third parties, nor commercialise with them.
Transfer.- Dog Vivant may grant and/or transmit freely, at any time, totally or partially, the rights and obligations provided for in this Agreement, including their contractual position in the same, even though the beneficiary of the cession shall be subrogated in the rights and obligations of Dog Vivant and will answer to the Host for the correct provision of the services and benefits provided by Dog Vivant by virtue of the same. The Host may only transfer their position in the Contract, or transmit their rights and obligations derived in the same, with the previous written authorisation of Dog Vivant.
Modification of Agreement.- Dog Vivant reserves the right to modify at any time and without warning the terms and conditions provided for in this Agreement, which will be available at all times on the Website, even though the Host will only be bound to said modifications when they are the result of reforms or changes in legislation which must be complied with, or after having granted their express consent when this is legally necessary. In other circumstances, the Host will only be bound by the terms and conditions contained in the original Agreement which was in force and available on the Website at the time of their registration as Host or of the renewal of their DV Certification.
Confidentiality.- The Host expressly undertakes, both during the term of the Contract and after its expiry, not to disseminate, transmit, reveal to third parties any confidential information of Dog Vivant or of the Platform. "Confidential Information" shall be understood to mean (i) the passwords; (ii) advertisements (including objectives and creative materials) prior to their publication, (iii) the terms of the Agreement between the parties, (iv) any information about the Platform or access to the technology prior to its public communication, provided by Dog Vivant to the Host and identified at the time of its revelation and in writing as confidential and/or under ownership; and (v) the characteristics of the Platform which are not accessible to the public. Information that was publicly known shall not be considered as Confidential Information without there having been a breach by any of the parties or that might have been: (a) developed independently without access to the Confidential Information of the other party; (b) legitimately received from a third party; or (c) demanded to be revealed by law, by judicial requirement or competent authority. The prohibition of revealing information includes the reproduction in any format of the information of Dog Vivant to which the Host has access, procedures and systems of organisation, computer programmes or any other type of internal information. The violation of this undertaking will be considered as sufficient cause for the termination of the present Contract and without detriment to the right to claim damages which may have arisen.
Right of admission.- Dog Vivant reserves the right not to grant the DV certification and not to admit inclusion in the Platform of those establishments which, in its opinion, are not aligned to the spirit and philosophy of Dog Vivant or do not fulfil the conditions to become Hosts, for reasons of the nature of the activities that they carry out or the practices which their establishments promote. In the event that Dog Vivant exercises this faculty and the establishment had paid the fee corresponding to their type of establishment, Dog Vivant shall reimburse the quantity paid to said establishment.
Non-compliance of Agreement.- Non-compliance by the Host of the conditions stipulated in this Agreement will entitle Dog Vivant to terminate the Agreement immediately, removing the DV Certification and cancelling the Host's profile, without the Host having the right to claim any amount already paid to Dog Vivant and without detriment to the indemnification which Dog Vivant might claim for the damages which such non-compliance may have caused directly or indirectly. Exceptionally, in relation to the nature of the non-compliance and their exclusive discretion, Dog Vivant may temporarily suspend the Host's profile and grant him/her a period of time to rectify the non-compliance of which they had come to learn about either directly, through other Hosts and/or users.
Applicable legislation and jurisdiction.- This Agreement submits itself to Spanish legislation Likewise, the parties, renouncing any other jurisdiction which might correspond to them, submit the settlement of any disputes concerning the subscription, validity, interpretation or termination of the Agreement to the authority of the Courts of Bilbao (Spain).