Welcome to the Rolly Specs website (the “Site”). Rolly Specs provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service (“TOS”) and the linked Privacy Policy. We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other document, the TOS will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are a Rolly Specs registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.
Description of Services.
In the Site, Rolly Specs provides users with access to sales of pet items online (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access.
Rolly Specs grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose(in Rolly Specs’s sole discretion) an unreasonable or disproportionately large load on Rolly Specs’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Rolly Specs to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by Rolly Specs.
Membership Eligibility.
The Site and Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Rolly Specs for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your Rolly Specs account to another party. If you do not qualify, you may not use the Rolly Specs Service or the Site.
Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Portugal or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Rolly Specs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rolly Specs has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Rolly Specs immediately of any unauthorized use of your account or any other breach of security. Rolly Specs reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Description of Rolly Specs products, and services:
Rolly Specs provides users with a simple way to manage their ongoing pet food purchases. We strive to provide the best service, prices and experience. If at any time during your membership in our program you would like to change, or cancel your order(s), you may do so immediately online by logging into your account, or speaking with a customer service representative.
Submitted Content.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Rolly Specs through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Rolly Specs, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Rolly Specs and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Rolly Specs a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE Rolly Specs PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. NONE OF THE Rolly Specs PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE Rolly Specs PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Rolly Specs attempts to be as accurate as possible with products descriptions and prices. However, Rolly Specs does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Rolly Specs’s suppliers, Rolly Specs shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Rolly Specs shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Rolly Specs AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A “Rolly Specs PARTY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rolly Specs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE.
Indemnity.
You agree to indemnify, defend and hold the Rolly Specs Parties harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your use of the Site or Services, or your violation of any law or the rights of a third party.
Electronic Communication.
When you use the Site or send emails to Rolly Specs, you are communicating with Rolly Specs electronically. You consent to receive communications from Rolly Specs electronically. Rolly Specs will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Rolly Specs has no control over such sites and resources, you acknowledge and agree that Rolly Specs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Rolly Specs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes.
Rolly Specs reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Rolly Specs makes a material modification to this TOS or the Privacy Policy, it will notify you by displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, and you agree that such notification shall be sufficient notification of such changes.
After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by logging into your account here and terminating your account. If you choose to continue using the Site after any such changes have been made, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
Intellectual Property Rights.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Rolly Specs and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Rolly Specs or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, (“Content”) is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of Rolly Specs. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Procedure for Claims of Intellectual Property Infringement.
Rolly Specs respects the intellectual property of others, and we ask our users to do the same. Rolly Specs may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Rolly Specs’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Rolly Specs’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Rolly Specs
Av. da Liberdade 230 8th Floor
1250-148 Lisbon
Portugal
Rolly Specs may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
General.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Rolly Specs may offer special promotional offers which may or may not apply to your Rolly Specs account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Rolly Specs will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Rolly Specs agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Rolly Specs to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS, together with the Privacy Policy and any other document linked to from this TOS, constitutes the entire agreement between you and Rolly Specs and governs your use of the Site and Services, superseding any prior agreements between you and Rolly Specs with respect to the Site and Services.
Coupons
All percentage-based coupons will be capped by a $50 maximum value per transaction. Rolly Specs reserves the right to withdraw or expire coupons at any time.
Quizzes and giveaways
By Participating in our quizzes and giveaways, you agree in conceiving the data you provided to Rolly Specs. The data collection’s purpose is to inform the user about new quizzes and giveaways as well as for marketing purposes as such but not limited to Newsletters and product promotions.
If you have any questions regarding your order, our policies, or anything else please don’t hesitate to contact us.
