Terms of Use | pezo pet

Pezo Terms of Use

Last updated: May 2021

1. Introduction. These Terms of Service (the “Terms”) between Pezo Technology Ltd (“Pezo”) and you (“You”, “Your”) govern your use of our related websites, content and applications (collectively, the “Platform”) and the products and services available on the Platform and/or created, controlled or operated by Pezo (the “Services”). The Platform features Pezo’s proprietary technology in its various forms and other services that Pezo may make available from time to time. Please read these Terms carefully before using our Platform. Your acceptance of these Terms constitutes a binding contract between You and Pezo, and Your use of the Platform and the Services shall be at Your sole risk. If You do not agree to these Terms, You may not access the Platform or use the Service.

2. Acceptance of the Terms. By registering with Pezo, You acknowledge that You have read, understood and agree to be bound by these Terms. You agree that these Terms were made available to You on the Platform. Pezo reserves the right to modify these Terms at any time. By continuing to access or use the Platform or Service, You agree to such modifications. If You do not agree to these Terms, You may not access the Platform or use the Service.

3. Your User Account. Your user account from which You access the Platform and Services (the “User Account”) is personal to You and shall not be shared. You must keep Your User Account password secret. You agree to provide current, complete and accurate information (including billing information) so that we can complete Your transactions and contact You as needed.

4. Prohibited use. You agree to not (i) solicit others to use the Platform or Services for any purpose that is unlawful or prohibited by these Terms, any applicable regulations, rules or laws; (ii) duplicate, reproduce, copy, sell, resell, trade, distribute or exploit any proportion of the Platform or Services or any material or information obtained through the Platform or the Services; (iii) circumvent, disable, damage or interfere with or get unauthorised access to any security-related features on the Platform or Services, including, but not limited to, using robots, spiders, crawl, scrape or other automatic means for accessing the Platform or the Services; (iv) intentionally interfere with, disable, remove or damage the operation of the Platform or the Services, including but not limited to uploading or otherwise disseminating worms, viruses, spyware or other harmful or malicious code; (v) attempt to identify other users of the Platform or the Services through phishing, pharming or pretext attempts or methods; (vi) make advertisements, offers, proposals or to send junk mail or spam to other Users of the Platform or the Services; (vii) misrepresent Your identity, access any other User Account or provide false or misleading information about Yourself.

5. Privacy and other terms. Your use of the Platform or Service is also governed by Pezo’s Privacy Policy. By using the Platform or Service, You agree to the terms set forth in that policy. Your use of Pezo’s services will further be subject to other terms specific to those services.

6. Intellectual property. The Platform and the Services are owned and operated by Pezo or one its affiliates. All content, design, graphics, compilation, and other matters making up the Platform and the Services are protected under applicable copyrights, trademarks and other proprietary rights. Our posting of information or materials on the Platform and the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Platform or the Services unless Pezo has given You express written consent. Subject to these Terms, Pezo hereby grants You a limited, revocable, non-exclusive, and non-transferable license to use the Platform.

7. Submissions. If, at Pezo’s request or at your own discretion, send certain submissions, including but not limited to images, posts, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, as blog post comments, as social media comments or otherwise (collectively, “Submissions”), You agree that we may, at any time without restriction and without liability to you, use, edit, remove, copy, publish, distribute, translate and otherwise use in any medium the Submissions. You agree that Your Submissions (i) will not violate any right of Pezo or any third-party, including copyright, trademark, privacy or other personal or intellectual proprietary right (ii) contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform and/or Service. You are solely responsible for any Submissions You make and their accuracy. We take no responsibility and assume no liability for any submissions posted by You or any third-party. By uploading or using the Submissions on the Platform or via the Services, You grant to Pezo and its affiliates from time to time a perpetual, worldwide, irrevocable, transferable, non-exclusive license to access, use, copy, publish, distribute, translate or otherwise use on any medium the Content.

8. Partners and Rewards

8.1. Partners. Pezo partners with third-party businesses (“Partners”) who participate in Pezo’s third party partner program (the “Pezo Partner Program”) to offer various products and services. Pezo may offer You a benefit for transacting with these partners including, but not limited to, the following: points, discounts, cashbacks or benefits without a specific retail value (e.g. free dog grooming) (collectively the “Benefits”). While participating Partners in the Pezo Partner Program are carefully selected by Pezo, we cannot be held liable for any loss or harm that You or any pet may incur as a result of any act or omission on the part of a partner or as a result of using any service or product provided by a partner. Pezo reserves the right to change the Pezo Partner Program, the Partners, the Benefits and/or Pezo status that You can achieve as a result at any time.

8.2. Card Linking. You can link your payment card (“Linked Card”) to the Pezo Partner Program in order to automatically earn Benefits. The following applies to You if You choose to add a Linked Card: (i) not all Partners or transactions with our Partners using your Linked Card may be eligible to earn Benefits, please review terms issued by Pezo from time to time for further details; (ii) You authorise Fidel Limited (the “Service Provider”) to collect and store your Linked Card information and share it with Mastercard, Visa and American Express or any other payment card network provider from time to time (the “Payment Card Network”) so the Service Provider knows You have linked the eligible card. Upon choosing to add a Linked Card, You also authorise the Payment Card Network to monitor transactions on Your Linked Card(s) to identify transactions which may qualify to earn the Benefits (“Qualifying Transactions”), and for the Payment Card Network to share details (including the last 4 digits of your Linked Card, the time, date and amount of the Qualifying Transaction, and merchant information) about the Qualifying Transactions with the Service Provider who will then share details with Pezo so that Pezo can provide the Services. In order to add a Linked Card, You must accept any terms and conditions presented by the Service Provider; (iii) You agree that the Payment Card Network will not be liable to You or to any third party for any loss whatsoever resulting in connection with (directly or indirectly) the Terms and Your participation with the Platform. To unregister or de-link a Linked Card, please visit the “Fidel Linked Cards” section in

Your “Account Settings” on the Platform.

8.3. Terms for earning Benefits via Card Linking. You may elect to link one or more credit or debit cards issued to You with the participating Payment Card Network. You are responsible for entering the correct information when setting up your Linked Card. Each Linked Card may only be linked to Your User Account once and may not be added to more than one User Account. Pezo is not responsible for any error on Your part nor are Pezo responsible if, for any technical or other reason, You are unable to link a specific card to your User Account. For each Linked Card, You authorise Pezo on an ongoing basis to retrieve, organise and present to You information about Qualifying Transactions. Please review Section

8.2 for additional terms and conditions applicable to Linked Cards. You will earn Benefits on the final price (including tax and any other applicable fees) of personal purchases of products or services from participating companies in the Pezo Partner Program paid for with a Linked Card. For clarity, You will not earn Benefits if You purchase products or services from a third party intermediary rather than directly from the Partner. The maximum number of Benefits and any terms applicable to a Qualifying Transaction shall be notified to You from time to time by viewing the relevant offer from within the Platform. Benefits are earned in Pound Sterling equivalent of Qualified Transactions made in a currency other than Pound Sterling. You can view Your balance of earned Benefits in the Platform. If there’s any error in Your balance of Benefits, You must notify Pezo within 60 days of any Qualifying Transaction. Pezo will follow our internal operational procedures to track and account for all Benefits earned. In the event of any dispute or discrepancy regarding Your balance of earned Benefits, Pezo will make the final decision (in its discretion) on Benefits earned. Earned Points for a Qualifying Transaction will be reflected on the “Home” tab of the Platform. If, in accordance with the Partner’s return policy, you cancel or return the products or services associated with the Qualifying Transactions, your earned Benefits may be reduced as applicable.

9. Subscription Fee, Payments and Subscription Period.

9.1. Subscription Fee and Payments. In some instances, Pezo may charge a fee for access to a specific Service. You will need to subscribe to a relevant payment plan (“Pezo Premium”) to gain access to these services. Payments for the use of the applicable Services (“Subscription Fees”) are made periodically in advance. Pezo will use third parties to process payments to or from You (including, but not limited to, payments for Pezo Premium and/or the receipt of Benefits). Our current payment provider is MangoPay and, by using our Service, you agree to MangoPay’s terms and conditions.

9.2. Subscription Period. Each payment for Pezo Premium covers a subscription period (“Subscription Period”) during which You may access the Services. The duration of the available Subscription Period(s) will be stipulated in the payment section of the app and may vary from time to time. Subscription Fees must be paid using a lawfully issued credit or debit card for which You have authorisation to make a charge. Pezo reserves the right to block access to Your User Account or the Services until a valid credit or debit card has been provided to cover all charges incurred by You. You are solely responsible for any late payment charges or other charges incurred by You as a result of Your use of a credit or debit card to pay a Subscription Fee. Pezo reserves the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect, You agree to accept the new price. At the end of each Subscription Period, Your subscription will be automatically renewed. To avoid Your Subscription Period being automatically renewed, You may terminate Your subscription via the “Manage my Plan” section of Your “Account Settings” in the Platform before the last day of Your current Subscription Period. The termination will take effect from the last day of Your current Subscription Period. You may cancel Your subscription of the Services at any time, and You will continue to have access to the Services throughout Your pre-paid Subscription Period. We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription or unused User Account, or by reason of Your dissatisfaction with the Services. As the subscription gives You access to the Services instantaneously after the purchase, Pezo does not offer a right of return (such as refunding the Subscription Fee). To cancel Your Subscription, go to the profile settings when logged in on Your User Account and follow the instructions for cancellation under account settings. In addition, termination of Your subscription at any time means You will not be entitled to any share of Benefits that may have earned during that programme year. There will be no refund in respect of any partner activities or Benefits once a plan has been terminated (for any reason whatsoever). Furthermore, all Benefits contingent on Pezo Premium access may be removed from Your plan and Your Pezo status thresholds may be adjusted accordingly.

10. Changes to the Platform or Services. Pezo reserves the right to make improvements or changes to the Platform and the Services without notice. Pezo also reserves the right to temporarily take down or permanently terminate the Platform and the Services at any time without notice and without being liable to You or any third party. Pezo will, however, make reasonable effort to notify You before terminating the Platform or Services.

11. Indemnification. You shall indemnify, defend and hold harmless Pezo and its parent and affiliates, and each of its and their respective affiliates, directors, officers, shareholders, members, authorised representatives, employees and agents from and against any and all claims, losses, liabilities, damages, costs, settlements, regulatory findings and/or fines and other expenses (including reasonable legal fees) (collectively, “Claims”) that arise out of any third party claim occasioned by any breach or alleged breach of any of You representations, warranties and obligations of the Agreement.

12. Disclaimer. To the maximum extent permitted by applicable law, Pezo and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers and employees (“Pezo and its Associates”) expressly disclaim any and all liability in connection with the Platform and the Services. Except for bodily injury, in no event will Pezo or its Associates be liable to You or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory (i) for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the platform, the service, and the data, whether or not such loss or damages are foreseeable; (ii) any unauthorised access to or use of the Platforms or Services; or (iii) for any direct damages in excess of (in the aggregate) £1,000. Any claim arising out of or relating to these Terms must be brought within six (6) months after the occurrence of the event giving rise to such claim or such claim shall be deemed to be waived. You understand and agree that Your sole right and remedy against Pezo and its Associates is to discontinue use of the Platform and Services.

13. Termination. You and/or Pezo may terminate the subscription per the applicable billing terms, with or without cause. You understand and agree that the cancellation of Your User Account is Your sole right and remedy with respect to any dispute with Pezo. Notwithstanding the foregoing, Pezo, in its sole discretion, may terminate or suspend use of the Platforms at any time for any reason or for no reason at all, without prior notice or liability to You. All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its choice of law provisions. You agree to submit to the exclusive jurisdiction of the English courts.

15. Miscellaneous. When using the Platform, You agree to comply with all laws in Your jurisdiction (including but not limited to copyright laws) and not use the Platform or the Services for any purpose that is unlawful or prohibited by these Terms. This Agreement does not create a partnership, joint venture, agency, broker, employee, franchise, license or any other trading relationship between the parties. If any part of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. To be effective, notices under this Agreement must be sent by hand delivery, registered mail, nationally recognised commercial courier or email to the parties. If to Pezo, to 20-22 WENLOCK ROAD, LONDON, N1 7GU with copy delivered by email to hello@pezo.pet. Notices properly given other than by email shall be deemed effective on the date of delivery.

16. Queries. Please send any questions or concerns regarding these Terms to hello@pezo.pet or from within the Contact Us section of the Pezo platform. By communicating with us electronically, You acknowledge that communications by email are not considered confidential.