Last Updated: December 2, 2019
These Terms provide that with limited exceptions all disputes between you and Pierre arising out of or relating to these Terms or your use of the Service will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters covered by Section 17.3 of these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate most disputes with Pierre.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
Pierre provides a mobile app and web-based technology platform that connects consumers, retail and pet service stores. Through the Platform consumers may request a booking for pet services that said merchant handles directly and independently of Pierre.
PIERRE DOES NOT PROVIDE DELIVERY SERVICES, PET SERVICES TO END CUSTOMER. PIERRE OFFERS INFORMATION AND A METHOD TO OBTAIN PET SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE PET SERVICES OR ACT IN ANY WAY AS A PET SERVICE MERCHANT, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICE PROVIDED BY MERCHANT.
As provided in greater detail in these Terms, you agree and acknowledge these material Terms:
* The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
* Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
* The Service is provided "as is" without warranties of any kind, and Pierre’s liability to you is limited; and
* Disputes arising under these Terms will be resolved by binding arbitration.
BY ACCEPTING THESE TERMS, YOU ANDPIERRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with Pierre.
1. Account Access
You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:
- 1. That you are at least eighteen (18) years old
- 2. That you have not previously been suspended or removed from the Service
- 3. That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. Accounts and Registration
To access some features of the Service, you must register and be approved for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
3. Scope of License
The App is licensed, not sold, to you for use only under the terms of this license. Pierre reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Pierre hereby grants you a personal, limited, revocable, non-transferable license to use the App on compatible devices that you own or control, solely for your non-commercial use.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Pierre that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Payment Terms
4.1. General Payment Terms
Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. Please visit our Help Center for information on how we calculate the fee estimate. All fees are in U.S. Dollars and are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever.
Pierre, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within forty-eight (48) hours after the service has been rendered complete.
You authorize Pierre to charge all sums for bookings services and product purchases you select to the payment method specified in your account. When you order on Pierre, a temporary pre-authorization hold is placed on your payment card to verify that the card is valid and has credit available for your intended purchase. Once your order is complete, you will be charged the final order total and the pre-authorization hold will be lifted within 24-72 business hours, depending on your bank. The pre-authorization hold remains even if an order is canceled by a customer or by Pierre and may remain on your card for up to 5 business days.
Pierre also places an initial temporary pre-authorization hold on each new payment method you add to your account.
4.4. Delinquent Accounts
If payment for goods or services on your account is delinquent, your account information may be sent to a collection agency / debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us via our Help Center.
4.5. Customer No Show
Pierre reserves the right to charge a customer the full order amount if that customer does not show up to designated pet service location.
4.6 Cancelled Orders
You have 48 hours to cancel your order If you cancel your Pierre order you may be charged depending on what stage the order was in when you cancelled. If you cancel a delivery after it has been accepted but is not yet being prepared by the merchant, you will not be charged a cancellation fee. If you cancel a delivery after a merchant has started preparing your order, you will be charged the price of the items, including applicable taxes, plus a cancellation fee of up to $4. If you cancel a delivery after it is out for delivery, you will be charged the full price of the order.
5. Third-Party Interactions
5.1. Third-Party Providers
During use of the Service, you may purchase goods and services from third-party merchants through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. Pierre and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Pierre or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third party pet service and/or product provider, merchant, retailer or other third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Pierre disclaims any and all responsibility or liability arising from such agreements between you and a third party.
5.3. Third-Party Advertising
The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
5.4. Links to Third Party Sites
The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
6. Your Use of the Service
In order to use the Service, you agree to the following:
* The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
* You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
* Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
* You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use;
* You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
* You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so;
* You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Pierre makes available the means for embedding any part of the Service;
* You agree not to access, tamper with, or use non-public areas of the Service, Pierre (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Pierre providers;
* You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
* You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pierre is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service;
* You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;
* You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service;
* You agree not to do any of the acts described in this Section 6, or to assist or permit any person in engaging in any of the acts described in this Section 6.
7. Consent to Use of Data
8. Intellectual Property Ownership
The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Pierre and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Pierre in these Terms are expressly reserved.
9. Feedback and reviews
You may choose to, or Pierre may invite you to, submit comments, reviews, bug reports, ideas or other feedback about the Service ("Feedback"). By submitting Feedback and reviews, you agree that Pierre is free to use such Feedback/reviews at its discretion without any obligation to you. Pierre may also choose to disclose Feedback/reviews to third parties. You hereby grant Pierre a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback/reviews for any purpose.
10.1 Text Messaging
By using the Services or Software, you agree that the Company and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You will not be able to use the Services or Software without agreeing to receive operational text messages. You may opt-out of receiving marketing text messages at any time by sending an email to email@example.com indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may opt-out of receiving all text messages from Company at any time by deactivating your account or sending an email to firstname.lastname@example.org indicating that you no longer wish to receive any text messages, along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while the Company processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or service offered by Company. If you change or deactivate the phone number you provided to Company, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.
10.2 Push Notifications
When you install our app on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
You are responsible for your use of the Service, and you agree to defend (at Pierres’ option) and indemnify Pierre and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
1. Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
2. Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
3. Any dispute or issue between you and any third party, including any other user, any pet service and/or product provider, merchant, retailer or other third party.
Pierre reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Pierre may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Pierres’ prior written consent.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY PIERRE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PIERRE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. PIERRE DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PIERRES’ SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PIERRE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
PIERRE RELIES UPON MERCHANTS AND OTHER THIRD-PARTY PET SERVICE AND PRODUCT PROVIDERS. PIERRE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE MERCHANTS' WEBSITE, IN STORE MENUS IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION TO MENUS, SERVICE OR PRODUCT INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION.
PIERRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PET SERVICE AND PRODUCT PROVIDER OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND PIERRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
IN NO EVENT SHALL PIERRES’ AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO PIERRE IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR $100, WHICHEVER IS LESS. IN NO EVENT SHALL PIERRE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF PIERRE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
THE SERVICE CONNECTS YOU TO MERCHANTS AND OTHER THIRD-PARTY PET SERVICE, PRODUCT PROVIDERS AND/OR COURIERS FOR THE PURPOSES OF FACILITATING SERVICES. PIERRE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SERVICES AND/OR PRODUCTS AND YOU EXPRESSLY WAIVE AND RELEASE PIERRE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE ANY SERVICES AND/OR PRODUCTS. PIERRE WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ANY SERVICES AND/OR PRODUCTS PROVIDED BY MERCHANTS OR RETAILERS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE PIERRE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THIRD-PARTY PET SERVICE, PRODUCT PROVIDERS, MERCHANTS, RETAILERS, AND THE ITEMS THEY PROVIDE. PIERRE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY THIRD-PARTY PET SERVICE /PRODUCT PROVIDERS, MERCHANTS, OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PET SERVICE /PRODUCT PROVIDERS, MERCHANTS, OR RETAILERS AND YOU EXPRESSLY WAIVE AND RELEASE PIERRE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE QUALITY OF THE COURIER SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY COURIER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Pierre may give notice by any means of communication reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on your Pierre account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 14 days after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 30 days after dispatch.
You may give notice to Pierre (such notice shall be deemed given when received by Pierre) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Pierre at the following address:
Pierre Companies, Inc.
555 West 5th Street
Los Angeles Ca, CA 90013
Attention: General Counsel
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by ope