Here, you will find the General Terms and Conditions for contracting the service provided on the platform available at https://woof.community (“Platform”) (the “Terms and Conditions”) owned by Goapp Comércio Online de Produtos e Serviços para Animais de Estimação LTDA. (“Woof”), which governs the relationship between Woof and its Users.
The User agrees to the Terms and Conditions when using the Platform.
Any changes to these Terms and Conditions will be published at least 5 (five) days before they take effect, so that the User (defined below) can review and continue to use the Platform. In no case will changes to the Platform’s services or the Terms and Conditions affect operations that have already been completed by the User.
1.1. The terms and expressions below, when capitalized in these Terms and Conditions, whether in the singular or plural, masculine or feminine, shall have the following meanings assigned to them:
Establishment: a person or legal entity who agrees to these Terms and Conditions and offers Products to Users (e.g. pet shops, veterinary clinics, walkers, etc.) on the Platform.
Order: an operation by which the User specifies which Products they wish to purchase from Establishments through the Platform.
Platform: a digital platform available at https://woof.community intended to enable (i) Establishments to showcase Products to Users; and (ii) Users to place Orders with Establishments.
Product: an individual service or product identified by SKU (stock keeping unit) offered by Establishments for Users to place Orders through the Platform.
Software: the Platform and any other software that may be made available by Woof or any company in its economic group, or authorized third-party partners.
User: a person or legal entity who agrees to the Terms and Conditions and uses the Platform.
2.1. The Terms and Conditions aim to establish the requirements for Users to use the Platform.
2.2. Granting the right to a User to use the Platform is an exclusive right of Woof, which may, without the need for justification, refuse access to the services available on the Platform to any User or group of Users.
2.2.1. Any breach of the rules set forth in the Terms and Conditions or illegal activities by an User entitles Woof, at any time and unilaterally, to cancel the account of the User in question and restrict their future access to the Platform, without prior notice or right to compensation.
2.2.2. Woof will make its best efforts to moderate the use of the Platform by Users in order to ensure their safety and convenience. Woof is not responsible for irregular or ilegal use (for purposes other than those for which the Platform was created or in breach of these Terms and Conditions) and for any consequences that such irregular use may entail.
2.2.3. Woof is not responsible for comments or communications made by Users on the Platform. The User is fully and solely responsible for any expressions, opinions, or comments they have made on the Platform.
2.3. The use of the Software and access to the Platform may be temporarily suspended due to: (a) scheduled and/or emergency maintenance; (b) technical issues; or (c) force majeure or unforeseen circumstances.
2.3.1. Users agree that Woof will not be held liable under any circumstances for any issues related to item 2.3 of this Terms and Conditions.
3. User Obligations
3.1. The User is solely and exclusively responsible for the accuracy of their registration information (“User Information”) provided to Woof, and at the time of placing an Order, to the Establishment. Users must keep User Information up-to-date and accurate at all times, in accordance with applicable laws.
3.2. The User acknowledges that under no circumstances does Woof guarantee the delivery of an Order placed and accepted by an Establishment, as is the sole responsibility of the Establishment to perform the delivery of the Product within the agreed upon timeframe.
3.3. The User acknowledges that the Establishment is solely responsible for the quality and integrity of the Products advertised by the Establishment on the Platform. Woof’s role is solely to register and advertise the Products supplied to Users through the Platform.
4. Establishment Obligations
4.1. The Establishment is solely and exclusively responsible for the accuracy of its registration information (“Establishment Information”) and the Product information provided to Woof when offering a Product. The Establishment commits to keeping the Establishment Information and the Product information up-to-date and accurate.
4.2. The Establishment acknowledges that under no circumstances does Woof guarantee the delivery of an Order placed and accepted by the Establishment, as it is the sole responsibility of the Establishment to perform the delivery within the agreed upon timeframe and manner.
4.2.1. The Establishment acknowledges that under no circumstances does Woof guarantee the payment to be made by the User to the Establishment or the delivery of Products to be made by the Establishment to the User. Woof will not be jointly and severally liable with the User or the Establishment for settling any obligation of the User to the Establishment or of the Establishment to the User, as the case may be. It is solely and exclusively the responsibility of Users and Establishments to fulfill their respective obligations contracted on the Platform.
4.3. The Establishment agrees to comply with applicable laws, meet delivery deadlines and methods it establishes, and maintain the utmost respect, courtesy, and professionalism in its interactions with Users.
4.4. The Establishment is solely responsible for the quality and integrity of the Products indicated and registered on the Platform, with Woof’s role being solely to register and provide the products on the Platform according to the information provided, as per Clause 4.1.
4.4.1. In the event that a User identifies any defects or flaws in the Products delivered by the Establishment, upon receiving notification from the User, the Establishment agrees to immediately replace the affected Products with products of equal type and quantity, when available, or to fully refund the User for the amount paid for the defective Products, in accordance with applicable law.
4.4.2. The responsibility to replace defective Products or reimburse the amount paid does not exempt the Establishment from the responsibility to compensate the User and Woof for any damages caused to the User or third parties due to defects in the delivered Products, in accordance with applicable law.
4.4.3. The Establishment hereby acknowledges and recognizes that Woof bears no responsibility for its products and undertakes to hold Woof harmless from any claims arising from Users or third parties who have suffered damages due to the delivery of defective Products.
4.5. The Establishment is solely responsible for fulfilling all tax obligations related to its activities and the sale of Products on the Platform, including issuing invoices.
4.6. The Establishment further agrees to:
(i) notify Woof in the event of any significant changes in its business operations, including but not limited to loss of licenses and/or permits, significant change in purchasing capacity, adverse material effect of any kind, suspension or termination of tax ID, creditor defaults or protests;
(ii) instruct its staff to always confirm the receipt of Orders placed on the Platform and to be delivered to Users;
(iii) allow Woof to use the Establishment’s data, trademarks, and distinctive signs to portray it as a User of the Platform;
(iv) hold Woof free and indemnified from any claims arising from Orders placed through the Platform; and
(v) hold Woof free and indemnified from any damages and/or losses arising from the misuse of the Platform, provided the involvement of the Establishment, its employees, agents, or representatives is proven.
5. Intellectual Property
5.1. All intellectual or industrial property rights related to the Software and the Platform belong exclusively to Woof or are licensed to Woof by their rightful owners.
5.2. These Terms and Conditions do not involve the transfer of any intellectual or industrial property rights, whether related to the Software, the Platform, or any other, owned by Woof or any of its partners, to the User.
5.3. The User agrees to:
(i) use the Software and the Platform according to their intended purposes and technical requirements;
(ii) not make or distribute any copies of the Software or the Platform;
(iii) not alter, combine, adapt, translate, decode, reverse engineer the Software or the Platform, or request third parties to do so;
(iv) not create derivative works of the Software or the Platform or request third parties to do so; and
(v) not assign, license, sublicense, or otherwise dispose of the Software or the Platform.
6.1 Breach of Terms and Conditions
6.1. In the event that the User breaches one or more of its obligations under these Terms and Conditions, Woof may notify the User to resolve and/or clarify the matter within the timeframe specified in the communication. If the User fails to do so, Woof may exclude the User from the Platform, without prejudice to any other legal measures.
7. Amendment of these Terms and Conditions
7.1. Any changes to the services offered on the Platform or to these Terms and Conditions will be published at least 5 (five) days before they take effect, to allow the User (as defined below) to review and continue using the Platform. In no case will changes to the services of the Platform or the Terms and Conditions affect operations that have already been completed by the User.
7.1.1. If the User does not agree with a change to these Terms and Conditions published in accordance with Clause 7.1, they may send a written message to Woof and request the deletion of their data from the Platform at any time.
7.1.2. The User has no right to object to any term of these Terms and Conditions or any change implemented by Woof for compliance with legal or regulatory requirements.
7.2. If the User does not send a notification requesting the cancellation of their registration, as provided in Clause 7.1.1, Woof will understand that the User irrevocably and unconditionally agrees and consents to the changes made to the Terms and Conditions.
8. Integrity Best Practices
8.1. When fulfilling the obligations stipulated in these Terms and Conditions, the User, its staff, employees, contractors, subcontractors, agents, and representatives must fully comply with all applicable laws on anti-corruption, anti-bribery, anti-terrorism, anti-boycott, anti-money laundering, economic sanctions, and competition defense. They must conduct their activities according to the strictest concepts and principles of ethics, integrity, and good faith, avoiding any involvement in illicit commercial activities, including unethical or unfair competition, or other criminal activities, of which, given their activities, the User either knows or should know.
8.2. The User acknowledges and agrees with the Code of Ethics and Conduct (“Code of Ethics”) and the Diversity and Inclusion Policy (“Diversity Policy”), available on Woof’s website (https://woof.pet), and undertakes not to violate their provisions.
8.2.1. Any violation of the Code of Ethics or the Diversity Policy by the User will constitute a violation of the Terms and Conditions.
8.3. The User undertakes to hold Woof free and indemnified from any and all damages or losses, including fines, costs, damage compensation obligations, fees, interest, legal fees, or other liabilities, including criminal liabilities, imputed to Woof as a result of investigations or any other judicial or administrative proceedings against Woof, which originated from any action or omission of the User, either directly or through its administrators, partners, employees, agents, subordinates, or representatives, constituting a breach of the laws and rules of these Terms and Conditions.
9. General Provisions
9.1. The legal relationship established between the Parties is that of service provision, meaning these Terms and Conditions do not establish a consumer, employment, commercial representation, or any other kind of relationship. The Parties are and will remain autonomous and independent from each other.
9.2. The User agrees that Woof may assign and transfer its rights and obligations under these Terms and Conditions to third parties.
9.3. The User acknowledges that Woof may provide the same services described in these Terms and Conditions to other Users, even if they are direct or indirect competitors of the User.
9.4. If there are any questions about these Terms and Conditions, the User may contact us through any available channels on the Platform. Woof undertakes to make its best efforts to assist Users.