Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the play.catangelstriumph.com website and any other software apps available on or through the www.catangelstriumph.com website (collectively "Website"). This Agreement is legally binding between you ("User", "you" or “your") and Cat Limited ( “we", “us" or "our").
Please read this Agreement (which includes the Privacy Policy) carefully before accessing and using the Website. If you do not agree with the terms of this Agreement, you must not access and use the Website. By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and us, even though it is electronic and is not physically signed by you, and it governs your use of the Website.
The Website is intended for use by persons aged 13 years or older. If you are under the age of 18 (or otherwise under the age of legal majority in your country of residence), you agree to review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. You agree to have your parent or guardian review and accept this Agreement on your behalf.
If you are a parent or guardian agreeing to this Agreement on behalf of a child under the age of 18 (or otherwise under the age of legal majority in your country of residence), you agree to and accept full responsibility for that child’s use of the Website, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Website to any person or entity and change the eligibility criteria for using the Website at any time. The right to access the Website is revoked where this Agreement or use of the Website is prohibited or to the extent the provision of the Website conflicts with any applicable law, rule or regulation.
Table of contents
Links to other resources
Prohibited uses
Intellectual property rights
Warranty disclaimer
Limitation of liability
Indemnification
Severability
Dispute resolution
Changes and amendments
Acceptance of these terms
Entire agreement
Contacting us
Links to other resources
Although the Website may link to other resources (including third party websites and mobile applications), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. You agree that we do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, third party products and services, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any Intellectual Property Rights to the intellectual property owned by us or our third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with us or our licensors.
All trademarks, service marks, graphics and logos used in connection with the Website, are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or licence to reproduce or otherwise use any of our or third party trademarks. You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website, and you shall not use the Website in any unauthorised way whatsoever.
Warranty disclaimer
You agree that your use of the Website is at your sole risk. We make no representation or warranty of any kind that: (i) the Website will meet your requirements and/or addresses any issues that you or your pet are experiencing; (ii) defects in the software or other content for the Website will be corrected; (iii) access to the Website will be timely, secure, error-free or uninterrupted; (iv) the Website or any content or information included in the Website that is provided by any person, including any veterinarians (“Subject Matter Experts”) is accurate, correct, reliable or complete; (v) any particular result may be obtained from the use of the Website; or (vi) the Website is free of viruses or other components that may infect, harm or cause damage to computer equipment, data, software or any other property when you access, browse, download from, upload to or otherwise use the Website or any product or content on the Website.
The Website contains educational information with respect to animal welfare and care. While we have undertaken reasonable efforts to provide accurate and relevant information, including seeking advice from Subject Matter Experts where appropriate, we accept no liability or responsibility for any information provided through the Website. We always recommend that Users seek professional advice from a qualified veterinarian if a User believes that an animal requires medical treatment or examination.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will we, our affiliates, directors, officers, employees, agents, suppliers, Subject Matter Experts or licensors be liable to any person for any indirect, incidental, special, punitive, consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, our aggregate liability (including the liability of our affiliates, officers, employees, agents, suppliers, Subject Matter Experts and licensors) to you arising out of or in connection with this Agreement will not exceed the amounts actually paid by you to us in the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the laws of New Zealand.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand, and you hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement (including the Privacy Policy) at any time at our discretion. When we do, we will post a notification on the main page of the Website. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Website changes
Notwithstanding any other provision of this Agreement, we may change, suspend, remove, or disable access to the Website at any time without notice. In no event will we be liable for such actions.
Entire agreement
This Agreement constitutes the entire agreement between you and us and governs your use of the Website, superseding any prior agreement between you and us.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: