Terms & Conditions
Terms and Conditions
Agreement between user and CleverTail.com
Welcome to CleverTail.com The Clevertail.com website (the "Site") is comprised of various web pages operated by Clever Tail. Clevertail.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained here (in the "Terms"). Your use of Clevertail.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Clevertail.com is an E-commerce Site selling
pet clothing, accessories, carriers, beds, toys, grooming, etc.
Privacy
Your use of Clevertail.com is subject to Clevertail's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting Clevertail.com or sending emails to Clever Tail constitutes electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer your account to
any other person or entity. You acknowledge that Clever Tail is not responsible
for third party access to your account that results from theft or
misappropriation of your account. Clever Tail and its associates reserve the
right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Clever Tail does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you
may use clevertail.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Please review our online return/cancellation policy in full here:
Return Policy
Dispute Policy
Customer agrees to the return policy
and all terms and conditions when purchasing from Clever Tail. Any non-authorized returns are subject to a restock fee and a dispute fee and will be
turned over to our legal and collection team for processing.
Store Credit Policy
Gift card codes and store credit
codes will expire one year from the date issued.
Links to third party sites/Third-party services
clevertail.com may contain links to
other websites (“Linked Sites”). The Linked Sites are not under the control of Clever
Tail and Clever Tail is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Clever Tail is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Clever Tail of the site or any association with its operators.
Certain services made available via clevertail.com are delivered by third party
sites and organizations. By using any product, service or functionality
originating from the clevertail.com domain, you hereby acknowledge and consent
that Clever Tail may share such information and data with any third party with
whom Clever Tail has a contractual relationship to provide the requested
product, service or functionality on behalf of clevertail.com users and
customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access
and use clevertail.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to Clever Tail that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms. You
may not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with any other party's use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of clevertail.com or its suppliers and protected by copyright
and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. clevertail.com content is not
for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of Clever Tail and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Clever Tail or our licensors except as expressly authorized
by these Terms.
International Users
The Service is controlled, operated and administered by Clever Tail from our
offices in Europe, Bulgaria. If you access the Service from a location outside Bulgaria,
you are responsible for compliance with all local laws. You agree that you will
not use the Clever Tail Content accessed through clevertail.com in any country
or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend and hold harmless Clever Tail, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney's fees) relating to or
arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. Clever Tail reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Clever
Tail in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER. Further, unless both you and Employer agree otherwise, the
arbitrator may not consolidate more than one person's claims, and may not
otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLEVER TAIL AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CLEVER TAIL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLEVER TAIL AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEVER
TAIL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF CLEVER TAIL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Clever Tail reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, you hereby consent to
the exclusive jurisdiction and venue of courts in Bulgaria in all disputes
arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Clever Tail as a result of this agreement
or use of the Site. Clever Tail's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Clever Tail's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by Clever Tail with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Clever Tail with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Clever Tail with respect to
the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
Clever Tail reserves the right, in its sole discretion, to change the Terms
under which clevertail.com is offered. The most current version of the Terms
will supersede all previous versions. Clever Tail encourages you to periodically
review the Terms to stay informed of our updates.