This Agreement is effective January 1, 2015.
Welcome to EverythingPets.ca, a division of Omni Studios Inc..This Agreement is designed to ensure a positive, informative and safe experience for all our users.
Throughout this Agreement, “we” “us” or “our” refers to Omni Studios Inc. and its divisions, subsidiaries, or assigns.
2. Application of Agreement
Before accessing or using EverythingPets.ca, you must read and accept the terms of this Agreement.
If you are the legal age of majority in your home jurisdiction, we offer to grant you a limited, revocable, non-exclusive, and non-assignable to access and use our Services in compliance with this Agreement.
4. Included Policies
The following policies are incorporated into and form a part of this Agreement:
a. Posting Policy
b. Prohibited Items and Services Policy
As a condition of your use of our Services, you agree to abide by the terms of this Agreement and the included Policies.
5. Using Our Services
Without limiting the application of this Agreement and the included Policies, as a condition of accessing or using our Services you agree that you will not:
a. Violate any laws, third party rights or our Posting Policy
b. Post any item or service listed in our Prohibited Items and Services Policy
c. Continue to use our Services if you have been suspended from using our Services;
d. Interfere with any other user’s posts;
e. Post infringing, unlawful, false, inaccurate, misleading, defamatory or obscene content;
f. Collect other users’ personal information, including but not limited to email addresses, IP addresses and telephone numbers;
g. Solicit other users except by posting content in compliance with this Agreement and the included Policies; or
h. Send a message to a seller for any reason other than expressing genuine interest in purchasing their item or service.
7. Services and Fees
Using our Services is generally free of charge. We may charge a fee for certain services, and when we do, you will have the opportunity to review and accept that charge. Any fees are non-refundable and payable when due.
By using our Services to post content, you automatically grant and assign to us, and you represent and warrant that you have the right, power and authority to grant and assign to us, a non-exclusive, unlimited, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable licence to exercise any and all copyright, trademark, publicity, and database rights you have in such content, in any media known now or in the future, and you waive any and all moral rights in such posted content.
You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use, or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
Third Party Content and Links to other Websites. Some of our Services are supported by advertising revenue and we may permit third parties to display advertisements and promotions to you when you use our Services. In addition, our Services may utilize or contain links to other third party sites, including social networking sites.
We have no control over, and assume no responsibility for, such third party advertisers or third party sites or the content, privacy policies, or practices of such advertisers or sites. You are subject to the policies of such third parties when and where applicable.
By using our Services, you agree that we may place advertising in our Services and that you will not hold us responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers, your subsequent dealings with advertisers, or your use of any third party site accessed through our Service.
10. Disclaimer of Warranties
We try to keep our Services safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR SERVICES, WHICH INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING:
a. YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES;
b. DELAYS OR DISRUPTIONS IN OUR SERVICES;
c. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY USING OUR SERVICES OR ANY SITE, SERVICES, APPLICATIONS OR TOOLS LINKED TO OUR SERVICES;
d. GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM;
e. DAMAGE TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SERVICES;
f. THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION:
i. ITEMS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES USING OUR SERVICES; OR
ii. PAGES CACHED BY THIRD PARTIES.
g. A SUSPENSION, TERMINATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT;
REGARDLESS OF THE ABOVE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100
YOU WILL INDEMNIFY AND HOLD US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (WHETHER DIRECT, ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.
14. Access and Interference
You agree that you will not use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission. Additionally, you agree that you will not:
a. Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
b. Copy, reproduce, aggregate, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any of our Services, any content posted on our websites (except for your content) or any of our copyrights or trademarks without prior express written permission from us and any appropriate third party, as applicable;
c. Interfere or attempt to interfere with the proper working of our Services, or any activities conducted on or with our Services; or
d. Bypass any measures we may use to prevent or restrict access to our sites.
Exception for Internet Search Engines and Public Archives
As a limited exception to paragraph (b) above, general purpose Internet search engines and non-commercial public archives may access our Services without a separate written agreement provided that they:
i. Provide a direct hyperlink to the relevant website, forum, content or other Services;
ii. Access our Services from a stable IP address using an easily identifiable agent; and
iii. Comply with our robot.txt file.
However, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this limited exception to access our Services without a separate written agreement with us) at any time and in our sole discretion, upon written notice, including, without limitation, by email notice
Exception for RSS Feeds
As a limited exception to paragraph (b) above, you may download information from one of our RSS Feeds provided that either:
iv. You only do so for personal use or in conjunction with a non-commercial website (a website that generates no revenue), or
v. You enter into a separate written agreement with us.
15. Modification or Termination of Service
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
In addition to all other rights and remedies available to us under this Agreement or by law, we may, in our sole discretion, terminate or suspend your access to and use of the Services (or any part thereof) without cause and without notice.
16. No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
You agree to send all legal notices to us by registered mail to the following address:
12-2700 Montague Street
Regina, SK V8W 1E4
You consent to us sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed from this Agreement without invalidating the remainder of the Agreement, and the Agreement shall be interpreted so as to give effect, to the extent possible, to the original intent of the Agreement including the offending provision.
This Agreement is personal to you and your rights and obligations under this Agreement may not be assigned, sub-licensed or otherwise transferred. We may assign this Agreement to a third party.
No third party beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms.
This Agreement shall be governed and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein.
The parties irrevocably adhere to the jurisdiction of the courts of Saskatchewan, which shall have the exclusive jurisdiction to settle any dispute arising in connection with this agreement.
Notwithstanding the above, for our exclusive benefit, we retain the right to bring proceedings in connection with this Agreement in the courts of the country of your residence or, if applicable, your principal place of business.
Our delay or omission in requiring performance of your obligations under this Agreement shall not operate as a waiver of any of our rights under this Agreement.
We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 30 days of such notice.
The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.
This Agreement, including the incorporated Policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter of this Agreement.
Sections 6 (Privacy), 7 (Service and Fees), 8 (Content), 9 (Advertising, Third Party Content and links to other Web Sites), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnity), 13 (Release), 15 (Modification or Termination of Service), 17 (Notice), and 18 (General) shall survive any termination of this Agreement.
We allow one ad per item or service per city site which is active for 30 days.
Posting by minors under the age of 16 is not allowed. Minors must have their guardian post content on their behalf and the guardian must act as the primary contact.
We reserve the right to remove any ads that we feel are not relevant or of any value to our users, with or without notice.
We reserve the right to restrict the use of EverythingPets.ca from those who regularly break our Posting Policy.
You are responsible for marking your ad as “sold” immediately upon the sale of the item advertised. Instructions on how to mark your ad as sold are found here on the Help page.
Further, you agree to NOT:
• Place multiple ads for the same item or service on the same city site
• Create multiple accounts or use multiple email addresses to post the same item or service
• Mark ads as “sold” prior to its expiry date and then post a new ad for the same item or service
• Delete content of the ad once sold
• Knowingly place ads into the wrong category
• Post ads in a used goods for sale category for anything other than an item for sale – no exceptions
• Post the same item or service in such a way as to monopolize the Latest Ads list
• Post inappropriate, offensive or illegal content
• Post an ad that defames an individual or business
• Post items or services listed in our Prohibited Items and Services Policy
• Post copyrighted content (i.e. photos) or sell copyright material unless you have the copyright owner’s permission
• Post website links in the title, picture or description of your ad
• Post website links in your ad to affiliate programs
• Post website links in your ad to lists of other items for sale
• Post ads on this site if your usual country of residence is not CANADA
• Post items for sale that are not located in CANADA
• Post items for sale that you are not in possession of (items that are custom order must be declared along with a deposit request if it is required)
• Post ads for goods you know to have been stolen
• Fill in the email address field with a fake email address
• Answer untruthfully when prompted for “Is this item new?”, “Are you a commercial seller?” and when asked to specify your location
• Engage in keyword spamming
• Solicit sellers to promote a commercial business
In addition to these general rules, below are some specific category and type of advertiser rules that you need to be aware of. These will help you understand what rules apply to your ad.
Businesses are limited to one ad per city site when advertising their services. These ads must be listed in the “Services” category. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture or description of your ad.
You are welcome to post ads for individual items. The title, price, description and photos (if applicable) must match. Commercial sellers may be limited to 25 ads per day and must select the commercial seller indicator when placing an ad. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture or description of your ad.
In order for your ad to be placed in this category, you must check the “free” indicator when placing your ad. This category is reserved for those who genuinely want to give their item away for free. Items wanted for free should be placed in the applicable category of the item with the “wanted” indicator checked. The free category is for items only. Please do not post any free services in this category; free services must be posted in the “Services” category. We will remove any ads in this category with a price associated with it.
This category is reserved for those wishing to hire or for those looking for a position in the pet industry.
• Ads that do not state what type of work would be required
• Ads requesting a photo
• Medical trials
• Ads that contain links to recruitment websites
• Ads that require registration or charge a fee for receiving further information
We do not provide the option to attach documents or photos when replying to ads. We suggest you contact the person who posted the ad and ask them if they can provide you with an email address where you can send your resume.
If you are a recruitment agency, please identify yourself as such.
We do not permit vague ads for models or acting jobs. Registered modelling or acting business are free to post but must include company details.
Requests for models by artists and photographers are not permitted. We suggest contacting local art colleges and academies.
Pet Category Postings
There are many reasons why a pet may need to be re-homed. Unexpected financial difficulties, moving to a new home or a busy work schedule – your pet is a part of your family and making the decision to give them up can be heartbreaking.
We offer the following recommendations so that those re-homing or purchasing a pet do so in a safe, educated and responsible manner.
Recommendations for re-homing your pet:
We do not recommend offering your pet as FREE. Charging an adoption fee will likely discourage anyone with malicious intentions. A nominal fee will not deter a genuine buyer.
The description of your ad should explain why you are re-homing your pet and describe what kind of home would be best. Outline likes and dislikes as well as entertaining and endearing aspects of your pet’s personality.
Screen potential homes and new owners carefully. This should not be an issue for those with a genuine interest in giving your pet a safe and loving home. If anyone refuses to allow you to visit, we would recommend you not place your pet with them.
Consider all elements of any potential new home for your pet. Are there small children in the home? Will your pet be an indoor or outdoor pet? Does the family have a veterinarian that can be used as a reference? Is the new family a young growing family who may not have the time required to keep your pet happy?
Spay or neuter your pet if you haven’t done so already. Ensure that vaccinations are up-to-date and have your veterinary print records so you can present to the new parents.
Recommendations for searching for a pet:
Search for pets in your immediate local area. Long distances increase risks and make it harder to visit the pets in their home environment. We do not allow postings of pets from outside of local sites.
Try finding a pet from a recognised shelter or rescue organization, such as the RSPCA. There are many animals in these centres looking for a new and permanent home.
Visit the pet’s home to determine if your own home environment is similar. A pet accustomed to a quiet atmosphere might not be suitable if your home is busy and noisy.
When adopting a young animal (must be eight weeks of age or older) ask to see the mother. If the owner will not let you see the parent, there may be a problem.
Ask about the animal’s health and get details of any past veterinary treatments. Contact the veterinarian personally and ask questions.
If you are suspicious of any animal listings you see, please use the “report this ad” button and/or contact your local humane society.
Pets are a huge responsibility and bringing one into your family should not be taken lightly.
Please adhere to these rules when posting a pet ad:
• We do not allow any postings of dogs or cats less than eight weeks of age unless birth date and release date are noted in ad
• We do not allow posting for upcoming litters that are not born yet
• Date of birth must be clearly stated in the ad
• You may only post on a city site located in your province of residence
• Shipment of animals is not permitted
• Photos must be provided and must be of the pet(s) you are re-homing
• No breeding or studding services for domestic pets
• Dog Breeders are permitted to post a maximum of three breeds
• The sale of animals are not permitted via #UsedHelps
All ads posted in our Pet category will be viewed by a live moderator within 48 hours. Please do not repost your ad during this time.
We will at our discretion remove any ads that we believe are indicating signs of animal cruelty or if we suspect private sellers of profiting from the trafficking of pets.
How to Post Ads for Litters:
As we only allow one ad per item or service, please post in one of the three ways:
1. Post by litter only
2. Posting one ad per puppy (using different photos for each ad)
3. Posting by gender (for each litter)
As your puppies sell, “edit” your ads to make your changes instead of creating new ads. By being consistent with your ads, our viewers will focus on the puppies for sale rather than reporting your ads for Posting Policy violations.
Please only post about what is wanted. Ads that incite a sense of obligation to give to or buy from a seller will be removed.
Prohibited Items & Services Policy
We reserve the right to edit or delete content on this site for any reason whatsoever including, but not limited to:
- content deemed obscene, illegal, immoral, sexually explicit or anything deemed not family-friendly
- as well as political content or content promoting competing websites
- additionally, the sale of items restricted by local, provincial or national laws or deemed unsafe are not permitted.
- Exotic animals deemed prohibited in provincial jurisdiction
- Fish (ocean or fresh)
- Restricted animals
We reserve the right to edit or delete content for any reason whatsoever including, but not limited to, “restricted” items. EverythingPets.ca defines “restricted” as anything that has rules governing the sale of the item.