Terms of service

OVERVIEW

Welcome to Zoöki Pets!

The terms "we," "us," and "our" refer to Zoöki Pets. Zoöki Pets operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). Zoöki Pets uses the Shopify platform to provide these Services.

The following Terms and Conditions, together with the policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any of our products or services, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information.

You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every effort to display our products and services as accurately as possible in our online store. However, please note that product colors and appearance may vary depending on the device you use to access the store and its display settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or exactly match what is displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any individual, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase.

Zoöki Pets reserves the right to accept or decline your order for any reason at its sole discretion.

Your order is not considered accepted until you receive written confirmation from Zoöki Pets.

We must receive and successfully process your payment before your order can be accepted.

Please review your order carefully before submitting it, as Zoöki Pets may not be able to accommodate cancellation requests once an order has been confirmed.

If your order is declined, modified, or cancelled, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.


SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise expressly stated, displayed prices do not include applicable taxes, shipping charges, handling fees, customs duties, or import fees.

Prices displayed on our online store may differ from those offered in physical retail locations or on third-party online platforms. From time to time, we may offer promotions through our Services that affect pricing and are governed by separate terms and conditions. In the event of any conflict between promotional terms and these Terms of Service, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our online store. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that:

  • (i) your credit card information is true, accurate, and complete;
  • (ii) you are authorized to use the payment method provided;
  • (iii) all charges incurred will be honored by your credit card issuer; and
  • (iv) you will pay all charges incurred at the posted prices, including shipping and handling fees, as well as all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed.

We disclaim any liability for delays caused by shipping carriers, customs clearance procedures, or events beyond our reasonable control.

Title to and risk of loss for the products pass to you once the products have been delivered to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, videos, audio, and other content, as well as their design, selection, and arrangement, are the exclusive property of Zoöki Pets, its affiliates, or its licensors. They are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

These Terms of Service grant you a limited right to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights owned by Zoöki Pets, Shopify, or any third party.

Any unauthorized use of the Services may violate applicable federal, state, and international intellectual property laws.

All rights not expressly granted in these Terms are reserved by Zoöki Pets.

The names, logos, product names, service names, designs, and slogans of Zoöki Pets are trademarks of Zoöki Pets, its affiliates, or its licensors. You may not use them without the prior written permission of Zoöki Pets.

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be provided with access to third-party customer tools that we neither monitor nor control and over which we have no input or authority.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations, conditions, or endorsements of any kind.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the Services is entirely at your own risk and discretion. It is your responsibility to ensure that you understand and agree to the terms and conditions under which such tools are provided by the relevant third-party providers.

We may also, in the future, introduce new features and functionality through the Services, including the release of new tools and resources. Such new features and functionality shall be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We assume no responsibility or liability for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content available through such websites. We encourage you to carefully review the policies and practices of any third party and ensure that you understand them before engaging in any transaction.

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Zoöki Pets is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made through our Store are conducted directly with Zoöki Pets.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Zoöki Pets, including any injury, damage, or loss resulting from products or services purchased through our Store.

You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or relating to your purchases and transactions with Zoöki Pets.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy, available here: [LINK], and certain personal information may also be governed by the Shopify Privacy Policy, available here.

By using the Services, you acknowledge that you have read and understood these Privacy Policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information related to your access to and use of the Services in order to provide and improve them.

Information that you submit through the Services may be transmitted to and shared with Shopify, as well as with third-party service providers who may be located in countries other than your country of residence, for the purpose of providing the Services to you.

Please refer to our Privacy Policy [LINK] for additional information about how Zoöki Pets, Shopify, and our service providers collect, use, and process your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise control all rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate, at any time without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) in violation of any international, federal, provincial, state, or local law, regulation, rule, or ordinance;

(c) in a manner that infringes upon the intellectual property rights of Zöoki Pets, Shopify, or any third party;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other individual;

(e) to submit false or misleading information;

(f) to upload, download, use, or reuse any content that does not comply with these Terms;

(g) to transmit or procure the sending of any advertising or promotional material, including spam, chain letters, junk mail, or any similar solicitation;

(h) to impersonate or attempt to impersonate any person or entity;

(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Zöoki Pets, Shopify, users of the Services, or expose them to liability.

Additionally, you agree not to:

(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming, pretexting, or similar deceptive practices through the Services;

(e) use robots, spiders, scraping tools, data mining or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual method to access the Services;

(f) interfere with, bypass, or circumvent any security features, robot exclusion headers, or any measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

 

ARTICLE 14 – AGENTS

14.1

This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

An "Agent" means any software or service that operates autonomously or semi-autonomously on behalf of, or under the direction of, a person or entity, and which may operate on or through a device owned or used by a person without direct human supervision.

14.2

No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the requirements set forth in Section 14.4 below.

In addition, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any part of the Services.

14.3

We may limit, including through technical measures, whether and how an Agent may access, use, or interact with the Services.

14.4

Agents must:

(i) Clearly identify in every HTTP/HTTPS request that the request originates from an Agent by including the following in the User-Agent string:

Agent/[Agent Name]

(ii) Not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by:

  • (a) imitating human behavior or interaction patterns; or
  • (b) bypassing or solving CAPTCHAs or other mechanisms designed to distinguish automated access from human use.

(iii) Respond truthfully to any request or prompt intended to determine whether interactions originate from a human or a computer.

(iv) Not circumvent, bypass, or interfere with any measures intended to block, limit, modify, or control Agent access to, use of, or interaction with the Services.

ARTICLE 15 – TERMINATION

We reserve the right, at our sole discretion, to terminate this Agreement or your access to the Services (or any part thereof) at any time and without prior notice.

You remain responsible for all amounts owed up to and including the effective date of termination.

The following provisions shall survive termination:

  • Intellectual Property
  • Feedback
  • Termination
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Severability
  • Waiver
  • Entire Agreement
  • Assignment
  • Governing Law
  • Privacy Policy
  • and any other provisions that, by their nature, are intended to survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES


The information presented on or through the Services is provided for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and warranties for any consequences arising from the use of this information by you, any other visitor to the Services, or any person who becomes aware of its content.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE." FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER SUCH AS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zoöki Pets, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or demands, including reasonable attorneys' fees, brought by any third party arising out of or relating to:

  1. Your breach of these Terms of Service or any documents incorporated herein by reference;
  2. Your violation of any applicable law or the rights of any third party; or
  3. Your access to or use of the Services.

We will notify you of any claim covered by this indemnification, provided that a failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced by such delay.

We reserve the right to assume the exclusive defense and settlement of any claim at your expense, including the selection of legal counsel. However, we will not settle any claim imposing non-monetary obligations on you without your prior consent, which shall not be unreasonably withheld.

You agree to cooperate fully in the defense of any such claim, including by providing all relevant documents and information.

ARTICLE 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity or enforceability of any remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement and understanding between you and Zoöki Pets, and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise convey this Agreement or any of your rights or obligations under these Terms of Service without our prior written consent.

Any attempted assignment without such consent shall be null and void.

We may assign, transfer, or delegate these Terms of Service, and any of our rights or obligations, without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW

These Terms of Service, together with any separate agreements under which we provide the Services to you, shall be governed by and construed in accordance with the federal laws and the laws of the state or territory in which Zoöki Pets has its principal place of business.

You and Zoöki Pets expressly consent to the exclusive personal and territorial jurisdiction of the competent courts within that jurisdiction.

ARTICLE 23 – HEADINGS

The headings used in these Terms of Service are included solely for convenience and shall not affect or limit the interpretation of any provision of these Terms.

ARTICLE 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact us at:

mario@distributionko.com

Our contact information is as follows:

mario@distributionko.com