Terms of Service
Website Terms & Conditions – Privacy Policy – Cookie Policy – Service Level Agreement – Billing Agreement – Security Policy – Data & Marketing Policy – Everything At One Place !
We may update this document which ludes the terms & conditions, Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or related Services after these changes are posted, you unconditionally agree to the revised policy or policies as published.
By visiting our site and/ or purchasing something from us luding subscription both free & paid, you engage in our “Service” and agree to be bound by the following terms and conditions hereinafter referred to as the “Agreement” and/or the “Terms of Service” and/or the “Terms”, luding those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, luding without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content and any and all affiliates, partners, and collaborators of any of the aforementioned.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept and abide by the Terms of Service on behalf of your company, and all references to “you” or “Customer” reference your company.
This Terms of Service permits Customer to purchase subscriptions to online software-as-a-service products and other services from RMA Pet Supplys and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern all of Customer’s initial purchases as well as any future purchases from RMA Pet Supplys.
From time to time, RMA Pet Supplys may modify this Agreement. Unless otherwise specified by RMA Pet Supplys, changes become effective for Customer upon renewal of Customer’s current Subscription Term or as soon as RMA Pet Supplys notifies the Customer. RMA Pet Supplys will use reasonable efforts to notify Customer of the changes through communications via Customer’s account, email or other means. Customer may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version. If RMA Pet Supplys specifies that changes to the Agreement will take effect prior to Customer’s next renewal or order (for example, but not limited to, purposes of legal compliance or product change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.
The right to use the RMA Pet Supplys Services ludes the right to deploy RMA Pet Supplys Code on Customer Properties in order to enable RMA Pet Supplys Platform functionalities and to collect Customer Data for use with the RMA Pet Supplys Services and other product enhancements.
RMA Pet Supplys provides RMA Pet Supplys Apps for use with the Services, subject to all of the terms and conditions of this Agreement. RMA Pet Supplys grants to Customer a limited, non-transferable or-sub-licensable, non-exclusive license during any applicable Subscription Term to use the RMA Pet Supplys Apps internally.
Subject to all of the terms and conditions of this Agreement, Customer must implement RMA Pet Supplys Code on the Customer Properties in order to enable features of the Services. Customer will implement all RMA Pet Supplys Code in strict accordance with the documentation and other instructions provided by RMA Pet Supplys as a condition of use of the Services. Customer acknowledges that any changes made to the Customer Properties by Customer after initial implementation of RMA Pet Supplys Code that are not in accordance with the instructions of RMA Pet Supplys may cause the Services to cease working or function improperly and that RMA Pet Supplys shall have no responsibility for the impact of any such Customer changes.
Customer may permit its Contractors and its Affiliates’ employees and Contractors to serve as “permitted users”, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer.
Customer will not (and will not permit any third party to): provide access to or sublicense the Services to a third party; reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to RMA Pet Supplys); copy or modify the Services, remove or obscure any proprietary or other notices contained in the Services luding without limitation the “Powered by RMA Pet Supplys” “Ai” designation that may appear as part of the deployment of the Services on Customer Properties or publicly disseminate information regarding the performance of the Services.
If RMA Pet Supplys makes access to any APIs available as part of the Services, RMA Pet Supplys reserves the right to place limits on access to such APIs (e.g., limits on numbers of calls or requests). Further, RMA Pet Supplys may monitor Customer’s usage of such APIs and limit the number of calls or requests Customer may make if RMA Pet Supplys believes that Customer’s usage is in breach of this Agreement or may negatively affect the Services (or otherwise impose liability on RMA Pet Supplys).
If Customer receives free access or a trial or evaluation subscription to the Service, then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of fourteen (14) days or such other period granted by RMA Pet Supplys. RMA Pet Supplys has the right to terminate a Trial Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RMA PET SUPPLYS WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS WHATSOEVER.
Customer will retain all right, title and interest (luding any and all intellectual property rights) in and to the Customer Data as provided to RMA Pet Supplys. Subject to the terms of this Agreement, Customer hereby grants to RMA Pet Supplys a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data.
RMA Pet Supplys does not provide an archiving service. RMA Pet Supplys agrees only that it will not intentionally delete any Customer Data from any Service prior to termination of Customer’s applicable Subscription Term. RMA Pet Supplys will have no responsibility to Customer whatsoever in the event that any information has been accidentially deleted. RMA Pet Supplys expressly disclaims all other obligations with respect to storage.
Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to RMA Pet Supplys that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in this Agreement (luding granting RMA Pet Supplys the rights in Section 3.1 (Rights in Customer Data)) and that no Customer Data will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any terms of service, privacy policies or other agreements governing the Customer Properties or Customer’s accounts with any Third-Party Platforms. Customer will be fully responsible for any Customer Data submitted to the Services by any Person as if it was submitted by Customer.
Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that RMA Pet Supplys is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Services are neither HIPAA nor PCI DSS compliant. RMA Pet Supplys will have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.
Customer agrees to comply with all applicable Laws in its use of the Services. Without limiting the generality of the foregoing, Customer will not engage in any unsolicited advertising, marketing, or other activities using the Services, luding without limitation any activities that violate the CAN-SPAM Act of 2003 or any other anti-spam laws and regulations.
Customer acknowledges that the RMA Pet Supplys Code causes a unique cookie ID to be associated with each Person who accesses the Customer Properties, which cookie ID enables RMA Pet Supplys to provide the Services. Customer will lude on each Customer Property a link to its privacy policy that discloses Customer’s use of third party tracking technology to collect data about People as described in this Agreement. Customer’s privacy policy must disclose how, and for what purposes, the data collected through RMA Pet Supplys Code will be used or shared with RMA Pet Supplys as part of the Services. Customer must also provide People with clear and comprehensive information about the storing and accessing of cookies or other information on the Peoples’ devices where such activity occurs in connection with the Services and as required by applicable Laws. For clarity, as between Customer and RMA Pet Supplys, Customer will be solely responsible for obtaining the necessary clearances, consents and approvals from People under all applicable Laws.
Customer agrees to obtain all necessary clearances, consents and approvals from People in order to use Social Media Data as required under all applicable Laws, luding without limitation by disclosing in Customer’s privacy policy information about the collection and use of People’s email addresses.
Customer will indemnify, defend and hold harmless RMA Pet Supplys from and against any and all claims, costs, damages, losses, liabilities and expenses (luding reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any Customer Data or breach or alleged breach by Customer of Section.
This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of RMA Pet Supplys at Customer’s expense. Notwithstanding the foregoing sentence, (a) RMA Pet Supplys may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and (b) Customer will not settle any claim without RMA Pet Supplys’s prior written consent, unless the settlement fully and unconditionally releases RMA Pet Supplys and does not require RMA Pet Supplys to pay any amount, take any action, or admit any liability.
Notwithstanding anything to the contrary herein, Customer agrees that RMA Pet Supplys may obtain and aggregate technical and other data about Customer’s use of the Services that is non-personally identifiable with respect to Customer and RMA Pet Supplys may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, luding without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by Customer and other RMA Pet Supplys customers.
RMA Pet Supplys agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, RMA Pet Supplys will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond RMA Pet Supplys’s control.
The Services may support integrations with certain Third-Party Platforms. In order for the Services to communicate with such Third-Party Platforms, Customer may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Services with any Third-Party Platform, Customer authorizes RMA Pet Supplys to access Customer’s accounts with such Third-Party Platform for the purposes described in this Agreement. Customer is solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. Customer acknowledges and agrees that RMA Pet Supplys has no responsibility or liability for any Third-Party Platform or any Customer Data exported to a Third-Party Platform; Customer further agrees to indemnify and hold RMA Pet Supplys . from any and all actions whatsoever brought against it by a Third-Party Platform resulting from Customer’s use. RMA Pet Supplys does not guarantee that the Services will maintain integrations with any Third-Party Platform and RMA Pet Supplys may disable integrations of the Services with any Third-Party Platform at any time with or without notice to Customer. For clarity, this Agreement governs Customer’s use of and access to the Services, even if accessed through an integration with a Third-Party Platform.
This is a subscription agreement for access to and use of the Services. Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in this Agreement no ownership rights are being conveyed to Customer under this Agreement. Customer agrees that RMA Pet Supplys or its suppliers retain all right, title and interest (luding all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services and all output generated by the Services, documentation, professional services deliverables and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, luding as may orporate Feedback (collectively, “RMA Pet Supplys Technology“). No rights in any RMA Pet Supplys Technology are granted to Customer whatsoever. Further, Customer acknowledges that the Services are offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any of the Services. Customer, from time to time, may submit Feedback to RMA Pet Supplys. RMA Pet Supplys may freely use or exploit Feedback in connection with any of its products or services. Unless otherwise specified, each Subscription Term will automatically renew for additional twelve month periods unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.
All fees are as set forth will be paid by Customer within thirty (30) days of invoice, unless Customer is paying via Credit Card, all fees are non-refundable. The rates are valid for the each Subscription Term and thereafter may be subject to an automatic adjustment rease. Customer is responsible for paying all taxes, and all taxes are excluded from any fees. If Customer is required by law to withhold any taxes from Customer’s payment, the fees payable by Customer will be reased as necessary so that after making any required withholdings, RMA Pet Supplys receives and retains (free from any liability for payment of taxes) an amount equal to the amount it would have received had no such withholdings been made. Any late payments will be subject to a service charge equal to 2.5% per month of the amount due or the maximum amount allowed by law, whichever is less. If you are purchasing the Services via credit card, debit card or other payment card (collectively, “Credit Card”), the following terms apply:
By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes RMA Pet Supplys (or its designee) to automatically charge Customer’s Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date. Customer acknowledges and agrees that the amount billed and charged each month may vary depending on Customer’s use of the Services and may lude subscription fees for the remainder of Customer’s applicable billing period and overage fees for the prior month.
- Customer acknowledges that for certain Credit Cards, the issuer of Customer’s Credit Card may charge a foreign transaction fee or other charges.
- If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to RMA Pet Supplys and RMA Pet Supplys may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement.
- At any time, Customer may change its Credit Card information by entering updated Credit Card information via the “Settings” page on the Dashboard.
- In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending RMA Pet Supplys notice of non-renewal to md@RMA Pet Supplys.com
- Upon any termination or expiration of the Subscription Term, RMA Pet Supplys will charge Customer’s Credit Card (or invoice Customer directly) for any outstanding fees for Customer’s use of the Services during the Subscription Term, after which RMA Pet Supplys will not charge Customer’s Credit Card for any additional fees.
If Customer’s account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (luding but not limited to any termination rights set forth herein), RMA Pet Supplys reserves the right to suspend Customer’s access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full. RMA Pet Supplys also reserves the right to suspend Customer’s access to the Services without liability to Customer. Customer acknowledges it has the affirmative obligation to notify any of third-party of RMA Pet Supplys’s rights in the event of overdue payments owed to RMA Pet Supplys.
This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms.
RMA Pet Supplys . may terminate this Agreement if tCustomer (a) fails to cure any material breach of this Agreement within ten (10) days after written notice for non-monetary events and thirty (30) days for monetary events; (b) ceases operation without a successor; (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter) or (d) violates any of the terms of this Agreement that in the opinion of RMA Pet Supplys . is material or harmful to RMA Pet Supplys . in its sole and absolute discretion.
Upon any expiration or termination of this Agreement, Customer will immediately cease any and all use of and access to all Services (luding any and all related RMA Pet Supplys Technology) and delete (or, at RMA Pet Supplys’s request, return) any and all copies of the Documentation, any RMA Pet Supplys passwords or access codes and any other RMA Pet Supplys Confidential Information in its possession. Provided this Agreement was not terminated for Customer’s breach, Customer may retain and use internally copies of all reports exported from any Service prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into any Service, and that RMA Pet Supplys may delete any such data as may have been stored by RMA Pet Supplys at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, luding termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.
RMA Pet Supplys warrants, for Customer’s benefit only, that each Service will operate in substantial conformity with the applicable documentation. RMA Pet Supplys’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for RMA Pet Supplys to use commercially reasonable efforts to correct the reported non-conformity, or if RMA Pet Supplys determines such remedy to be impracticable, either party may terminate the applicable Subscription Term and Customer will receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. The limited warranty will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge, trial or evaluation basis.
ALL SERVICES ARE PROVIDED “AS IS”. NEITHER RMA PET SUPPLYS NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, LUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. RMA PET SUPPLYS DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES RMA PET SUPPLYS WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. RMA PET SUPPLYS SHALL NOT BE LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ANY COMMUNICATIONS THAT WERE FAILED TO BE SENT USING THE SERVICES. RMA PET SUPPLYS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF RMA PET SUPPLYS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, IDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
RMA Pet Supplys’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO RMA Pet Supplys DURING THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT.
Customer also agrees to participate in other reasonable marketing activities that promote the benefits of the Services to other potential customers and to use of Customer’s name and logo on RMA Pet Supplys’s web site and in RMA Pet Supplys promotional materials. Customer agrees that RMA Pet Supplys may disclose Customer as a customer of RMA Pet Supplys.
This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities.
If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, (“Dispute“), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute“). If an Initial Notice of Dispute is being sent to RMA Pet Supplys it must be emailed to legal@RMA Pet Supplys.com and sent via mail to:
Attn: Legal Department
RMA Pet Supplys
201-202 Shekhar Central, Palasia Square, Indore, M.P, India – 452001
Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties . If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration.
IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.
FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, CUSTOMER AGREES TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MP, India. IN ANY DISPUTE, Indian Govt Laws SHALL APPLY.
THIS AGREEMENT MUST BE CONSTRUED AS IF IT WAS JOINTLY WRITTEN BY BOTH PARTIES.
Notwithstanding the above provisions, RMA Pet Supplys may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Any notice or communication required or permitted under this Agreement will be in writing to the parties at the addresses or at such other address as may be given in writing by either party to the other in accordance with this Section and will be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.
Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after the signing of this Agreement and that are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
RMA Pet Supplys may use the services of subcontractors and permit them to exercise the rights granted to RMA Pet Supplys in order to provide the Services under this Agreement, provided that RMA Pet Supplys remains responsible for (i) compliance of any such subcontractor with the terms of this Agreement and (ii) for the overall performance of the Services as required under this Agreement.
The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or ur obligations on the other party’s behalf without the other party’s prior written consent.
If you are a merchant, your customers need to understand how you and how RMA Pet Supplys . collects and processes their personal information. Accordingly, if you use any of RMA Pet Supplys . Services/Apps, you agree to post an up-to-date and accurate privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their personal information by RMA Pet Supplys .and other third parties. In addition, if you are collecting any sensitive personal information from your customers (luding information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive personal information by RMA Pet Supplys .and other third parties.
What information do we collect from merchants and why?
- We collect your name, company name, address, email address, phone number(s) and all of the store data, for every store which install our app’s & use our services.
- We use this information to provide you with our Services; for example, to confirm your identity, contact you, provide you with advertising and marketing, and invoice you. We also use this information to make sure that we comply with legal requirements.
- We collect data about the all the websites that you visit. We also collect data about how and when you access your account and the RMA Pet Supplys app as well as Store platform, luding information about the device and browser you use, your network connection, your IP address, and information about how you browse through the RMA Pet Supplys & Store interface.
- We use this information to give you access to and improve our Apps/Services; for example, to make our platform interface easier to use. We also use this information to personalize the Services for you; We also use this data & all your customer data to enhance our product, targeting reports, reports for your store sales, customer sales, customer ranking & generating comparative sales, order, customer reports based on app functionality & for future product development. Finally, we may use this information to provide you with advertising or marketing.
- We collect personal information about your customers that you share with us or that customers provide while shopping or during checkout or using the store with our app installed.
- We use this information to provide you with our Services and so that you can process orders and better serve your customers.
- Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.
- We use some of the personal information you provide us to conduct some level of automated decision-making — for example, we use certain personal information to help us rank your profile.
- We will also use personal information in other cases where you have given us your express permission.
When do we collect this information?
- We collect personal information when you sign up for our Services & install our apps, when you access our Services/apps or otherwise provide us with the information.
- We also partner with third parties who provide us information about merchants or customer of merchants, for example to help us screen out merchants & customers associated with fraud & betterment of our services.
When and why do we share this information with third parties?
- RMA Pet Supplys .works with a variety of third parties and service providers to help provide you with our Services and we may share personal information with them to support these efforts.
- We may also share your information in the following circumstances:
- to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
- to help us conduct marketing and/or advertising campaigns.
- to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (luding to meet national security or law enforcement requirements).
- Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.