YOU ARE RESPONSIBLE FOR READING THE TERMS OF THESE TERMS OF SERVICE CAREFULLY BEFORE CLICKING “ACCEPT” (IF APPLICABLE) OR OTHERWISE ACCEPTING THESE TERMS, AND BEFORE ACCESSING OR USING THE SERVICES (DEFINED BELOW). BY CLICKING “ACCEPT” (OR SIMILAR) AND/OR ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THE CUSTOMER OR SERVICE PROVIDER (EACH AS DEFINED BELOW). THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
(a) Agreement. The following Terms of Use, together with the relevant information set out on the Services, including any features and services available, are subject to the Terms of Use set forth below. Please read them carefully as any use of the Services, whether directly through us or via a Third-Party Platform (as defined below), constitutes an agreement, with or without acceptance, to be bound thereby by the User (defined below). By accessing or using the Services or clicking “accept” or “agree” to this Agreement, you represent: (i) that you are at least eighteen (18) years old (and in some jurisdictions if required to enter into a contract, twenty-one (21) years old); (ii) are not prohibited by law from accessing or using the Services; (iii) you have read, understand, and agree to be bound by these Terms; and (iv) if applicable, you have authority to register as a Service Provider and to act on its behalf.
These Terms are subject to Goose’s Privacy Policy, located at www.goose.pet/privacy-policy, which also governs your use of the Services. In addition, each Service Provider and Third-Party Platform shall have his/her/its own Terms of Use (or similar), which bind all Customer/Service Provider transactions.
The Parties acknowledge and agree that each Service Provider, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Use and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other parties shall be third-party beneficiaries to these Terms of Use.
(b) Definitions.
For purposes of these Terms, the following definitions shall have the corresponding meaning. Additional definitions may appear throughout the substantive portions of these Terms.
“Customer” means any person or entity who uses the Goose App, Goose Site, or a Third-Party Platform (defined below to schedule appointments, manage appointments, browse content and services, and/or pay for services rendered, whether said individual registers directly for the use of the Goose App or the Goose Site or is added by a Service Provider through whom Customer obtains services.
“Dispute” means any claim, conflict, controversy, or disagreement between parties arising out of, or related in any way to, these Terms (or any terms, supplement or amendment contemplated by these Terms), including without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, further including without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms or conditions contemplated by these Terms.
“Goose App” means any mobile or web application related to the Services designed, developed, and/or made available by us and available through the iTunes and Google Play stores as well as other similar third-party services.
“Goose Site” means the website bearing the URL www.goose.pet/ and all affiliated websites owned and operated by Goose, our subsidiaries, and related companies and/or any successor sites.
“Reservation Services” means those appointment-scheduling services made available by us through the Goose App.
“Services” mean, collectively, any and all services offered by us, including but not limited to: (i) the Goose Site; (ii) the Goose App; (iii) the Payment Services (defined below); and (iv) any other services or features made available by Goose through the Goose Site, Payment Services or Goose App.
“Service Provider” means a business that uses the Services to allow Customers to book, manage, view, and cancel appointments.
Additionally, “us,” “we,” “our,” and/or “Goose,” means Goose Holdings, Inc., and all its designated agents, employees, and subsidiaries, and “you,” and/or “User” means the User of the Services, whether as a Service Provider or Customer.
(a) Goose. Goose, through its software-as-a-service platform, allows its Users to book, manage, view, and cancel appointments. Goose’s platform and all related Goose applications also allow prospective Customers to browse, view, and review content and potential Service Providers. Goose does not have control over: (i) the quality, safety, or legality of any aspect of any services offered by Service Providers using our Services; (ii) the truth or accuracy of the listings or directory information provided to us by Service Providers, including without limitation, information about the entity; (iii) the timeliness or accuracy of any Service Provider appointment availability; (iv) the ability of Service Providers to provide Services reserved; (v) the identity of any Service Provider or Customer; or (iv) the ability of Customers to pay for Services. We do not and cannot ensure that a Service Provider or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY SERVICE PROVIDERS WITH WHOM A CUSTOMER DIRECTLY CONTRACTS.
AT NO TIME WILL A CUSTOMER/MERCHANT RELATIONSHIP EXIST BETWEEN US, UNLESS EXPLICITLY NOTED.
In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
(b) Service Errors. If you encounter any error in the Services, let us know at support@goose.pet. We do not warrant that any errors in the Services will be corrected.
(c) Changes to These Terms. Goose may update or revise these Terms (including any related policies) from time to time at its sole discretion and without limitation upon notice via posting to the Services and/or the e-mailing of a notice to our registered Users. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but accepting these Terms, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of these Terms. If you do not agree to the terms of these Terms or any modified version of these Terms, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Service Provider Account (each as defined below). Except as otherwise expressly stated by Goose, any use of the Services (e.g., the use of the Reservation Services or the Payment Services) is subject to the version of these Terms in effect at the time of such use.
(d) Changes to the Services. We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Service Provider Account.
(e) Availability. Although we try to make the Services available 24/7 (excluding scheduled downtime), we do not warrant that the Services will always be available. Use of the Services requires internet access through your computer, mobile device, tablet, or other internet-accessible device as allowed by Goose. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Goose does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Goose Site, and some features and portions of the Services (including making, modifying, or canceling appointments) may not be accessible with JavaScript disabled.
(f) Right to Refuse Service and Terminate Accounts. We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account or a Service Provider Account for any reason whatsoever. In the event that we make a change to or cancel an Account or a Service Provider Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account or Service Provider Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account or Service Provider Account termination.
(g) Prohibited Uses. In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (i) for any unlawful purpose; (ii) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (iii) to violate any international or governmental regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) 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 Services; (viii) to collect or track the personal information of others; (ix) to spam or phish any person, or spider, crawl or scrape any content; (x) to interfere with or circumvent the security features of the Services; (xi) take any action that imposes or may impose (in Goose’s sole determination) an unreasonable or disproportionately large burden or stress on the Services or Goose’s technology infrastructure; (xii) rent, lease, copy, provide access to or sublicense any portion of the Services or Goose Materials (as defined below) to a third party; (xiii) use any portion of the Services or Goose Materials to provide, or incorporate any portion of the Services or Goose Materials into, any product or service provided to a third party; (xiv) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Goose); (xv) modify any portion of the Services or Goose Materials or create any derivative product from any of the foregoing; (xvi) remove or obscure any proprietary or other notices contained in the Services or Goose Materials; or (r) publicly disseminate information regarding the performance of the Services or Goose Materials or access or use the Services or Goose Materials for competitive analysis or benchmarking purposes. We reserve the right to remove any content uploaded by you to the Services or to terminate your Account and your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
(h) Communications with Goose. By creating an Account, you electronically agree to accept and receive communications from Goose, Service Providers or third parties providing services to Goose, including via e-mail, text message (and similar messaging platforms (e.g., WhatsApp)), calls, in-app communications, and push notifications to the telephone number(s) and e-mail addresses you provided to Goose. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Goose, and/or Service Providers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. You can learn more about how Goose may contact you by reading our Privacy Policy.
Goose may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) infrequently poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your Account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. Goose may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). Goose may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
If you do not wish to receive promotional e-mails, text messages or other communications from Goose, you may change your notification preferences by accessing Settings in your Account (if available) or by following the instructions in this paragraph. To opt out of receiving text messages from Goose, you must reply “STOP” from the mobile device receiving the messages. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For purposes of clarity, certain text messages between you and Service Providers are transactional text messages, not promotional text messages. To opt out of receiving e-mail messages, follow the instructions in the footer of the e-mail received from or though us. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, Goose may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).
The Goose App may use GPS locator capabilities to identify your current location.
If you are experiencing problems with the messaging aspects of the Services, you can get help directly at support@goose.pet.
Goose may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Goose, to carry out the purposes identified above.
Goose may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Goose or its agents for quality control and training purposes, or for its own protection. Goose automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Goose’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Goose may store message contents, including to conduct this scanning and analysis.
(h) Other Users’ Privacy; Marketing. If Goose provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
(i) Government Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, the Code of Federal Regulations relating to the use of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any Goose App with only those rights set forth therein. If you are a Government end user, please consult first with your relevant legal department prior to use in order to confirm your use is compliant with the standards and policies under the Code of Federal Regulations.
(j) Export Control. You may not use, export, or re-export any Goose App or other aspects of the Services(or any copy or adaptation of the foregoing) in violation of applicable law, including without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(k) Fraudulent Actions of Users. Goose is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Goose from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Goose reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
(a) Accounts. Customers may create a Goose account via the Goose Site or Goose App (Customer’s “Account,”) that will allow Customer to receive information from us and/or to participate in certain features of the Services. We will use the information provided in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide during account creation is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your Account information so that it remains current, complete, and accurate. During the Account creation process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts maybe canceled by emailing us at support@goose.pet. Accounts may not be sold, traded, or otherwise transferred to any other person or entity.
(b) Verification. Users may be asked to provide a valid mobile phone number through the associated mobile phone, via e-mail, through a third-party verification service provider, or through the Goose App and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Goose App. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages at that number. Users may also be required to verify their identities, especially in the case of Payment Services. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill). Goose does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity.
(c) Conduct. The Services may contain the ability to communicate with other Users on one or more profiles, reservation forms, platforms, comments sections, discussion forums, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you shall not: (i) upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; (ii) threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; (iii) use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services; (iv) personally attack another User; (v) use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services; (vi) upload, post or otherwise transmit any content that violates any law or engage inactivity that would constitute a criminal offense or give rise to civil liability; (vii) post unauthorized commercial communications (such as spam); (viii) upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; (ix) post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; (x) impersonate any person or entity, including, but not limited to, any of our employees; (xi) interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a third party; (xii) engage in unlawful multi-level marketing, such as a pyramid scheme; (xiii) upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; (xiv) interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas; and (xv) facilitate or encourage any violations of these Terms or any other Goose policies.
(d) Profile Modification. Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
(e) Submissions. Should you submit, display, publish or otherwise post any content to an Interactive Area (“Submissions”), you grant to us and our partners and affiliates a limited, non-exclusive, sublicensable, worldwide, fully-paid, royalty-free perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
(f) Right to Monitor. We shall have the right, but not the obligation, to monitor your Account and Submissions in our sole discretion.
(g) Settings. You may establish certain default settings for your use of the Payment Services through the Goose App, such as your preferred payment card account. You may change these settings through the Goose App.
(h) Third-Party Platforms. Goose works with third-party websites, applications, and services (each a “Third-Party Platform”) through which our Reservation Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a Customer opt-outs by contacting us at support@goose.pet, we may contact such Customers who access or otherwise use our Reservation Services and/or Payment Services via such Third-Party Platforms at the e-mail address or phone number provided to such Third-Party Platform by Customer.
(a) Reservations. Goose provides the Reservation Services to Users for the purpose of assisting Customers in discovering and reserving appointments with Service Providers and of assisting Service Providers in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for a Service Provider appointment through the Goose Site or Goose App, Goose directly contacts the Service Provider’s computerized database of appointments. The availability of appointments is provided by the Service Provider and determined at the time of the User’s request. Users understand and agree that Goose does not independently verify the availability of any Service Provider and is not liable for errors in a Service Provider’s calendar, such as double-booking or bookings that are not honored by the Service Provider for any reason. Once an appointment is made by a Customer through the Goose Site or Goose App, Goose will provide confirmation of the appointment to both the Customer and Service Provider by e-mail to the e-mail address provided by each User upon registration or subsequently updated and provided to Goose by such User. By using the Reservation Services, Users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any chatbot-related or voice-assisted technology with which Goose may engage. Goose shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User.
(b) No-Show and Cancellation Policy. To assist Goose in maintaining a consistently high level of service for Service Providers and their clients, Customers must make every reasonable effort to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may cancel your appointment via the Goose Site or Goose App or by calling the Service Provider directly. Some Service Providers may require a debit or credit card number to finalize your appointment booking and place a hold on the Service Provider’s calendar. In order to use the Reservation Services for these Service Providers, you must provide valid debit or credit card information and a specific amount could be blocked or prepaid, and you may be required to cancel your appointment in accordance with the Service Provider’s stated cancellation policy, which will be disclosed at the time the appointment is made. Goose uses this debit or credit card information as described in our Privacy Policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your appointment in accordance with a Service Provider's cancellation policy. You may be charged a cancellation fee indicated during the booking process or lose the amount blocked or paid, if you arrange a Reservation Service, and you cancel late or don’t show, thus committing a breach of a stated cancellation policy of the Service Provider. In case it is not otherwise specified, the refund of any amount blocked or pre-paid rests solely with the Service Provider. You may be charged a late-pickup fee if you fail to retrieve your pet in accordance with the applicable policy of the Service Provider.
Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of Goose, in the event that such account activity is detrimental to orderly Reservation Services with Service Providers and members of the Goose community.
(c) Personal Use Only. User agrees to use the Reservation Services only to book appointments at Service Providers and then honor those appointments by arriving at Service Providers on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.
(d) Payment Services. Goose offers third-party payment services (the “Payment Services”) in order to allow Customers to pay bills at participating Service Providers through the Goose Site or Goose App. Specifically, Goose collects and processes payments on behalf of Service Provider through Adyen N.V. and Tilled, Inc., each a payment gateway provider. In order to use the Payment Services at a participating Service Provider, Customers must: (i) access the Goose Site or install the Goose App on a compatible mobile device; (ii) have an active Account; (iii) make a reservation for the Service Provider through the Reservation Services; and (iv) provide valid payment information through the Goose Site or Goose App as further described below. There is no fee from Goose to Customer to use the Payment Services; however, Customer’s mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Goose App.
(e) Prices. The prices and the terms of payment for Service Provider services are displayed at the time of reserving services via the Goose Site or Goose App; however, Service Providers may modify or change these fees at any time, in their sole discretion. The Goose Site and Goose App support both included and excluded tax systems. In the former, the prices presented are the final prices including all sales taxes, and, in the latter, such taxes will be added to the final price after the service is rendered. The decision as to which system should be used is up to the Service Provider.
(f) Payment Card Information. In order to use the Payment Services, Customers must provide account information for at least one valid debit or credit card through the Goose Site or Goose App. Goose uses this account information as described in our Privacy Policy. You may add, delete, and edit the debit or credit card account information you have provided from time to time. If you provide account information for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay for your Service Provider services.
To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (such as payment gateway providers) to process payments and manage debit and credit card information.
By providing debit or credit card account information, you represent, warrant, and covenant that: (i) you are legally authorized to provide such information to us; (ii) you are legally authorized to perform payments from the debit or credit card account(s); and (iii) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Goose Site or Goose App, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using Reservation Services, you acknowledge and accept the binding agreement to bear full financial responsibility for all Reservation Services that you schedule using Goose or information contained on Goose.
(g) Authorization and Settlement. When you indicate through the Goose Site or Goose App that you intend to pay your bill using the Payment Services, you authorize Goose or the payment service provider to charge your debit or credit card for the full amount of the services to be rendered and any cancellation fees that you may incur at any time prior to or after the appointment time and date. You are responsible for timely payment of all amounts owed by you to Goose and Service Providers.
(h) Receipts and Transaction History. Excluding in-person transactions, all receipts for transactions completed through the Payment Services are visible in your Account in the Goose App and/or Goose Site. If you would like an e-mailed version or a paper receipt, you must request one from the Service Provider.
(i) Incomplete Payments. Goose is not liable for any payments that the Payment Services do not complete because: (i) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (ii) you have not provided us with correct payment account information; (iii) your debit or credit card has expired; or (iv) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit, or credit card account through the Payment Services, you are solely responsible for paying the applicable Service Provider by other means, such as cash, as required for the full value of the services scheduled and/or delivered.
In addition to the other terms and conditions set forth in these Terms, the following Service Provider Terms are applicable to all Service Providers:
(a) Service Provider Accounts. In order to use our Services as a Service Provider you must create an account through the Goose Site or Goose App (“Service Provider Account”). By opening your Service Provider Account, you agree to comply with these Terms, the Privacy Policy, and other Goose Service Provider policies provided by Goose from time to time. You agree to provide Customers with the services booked with you in accordance with these Terms. In addition, those applicable terms, conditions and restrictions set forth in these Terms for Customer Accounts shall apply equally to Service Provider Accounts. You may also be required to verify your identity, especially in the case of Payment Services. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill). Goose does not bear any responsibility and cannot be held liable for the verification or non-verification of a your identity.
When registering for a Service Provider Account, you represent that you are authorized to act on behalf of the Service Provider and must provide true, accurate, current, and complete data about the Service Provider being registered. Such data may include KYC (i.e. Know Your Customer) data, as requested by our payment gateway provider in order to create an account with such provider. Be advised that our payment gateway provider may reject any Service Provider if it fails the provider’s internal due diligence procedures. For more information, see the terms and conditions of our payment gateway provider and processor, Adyen N.V., available at https://www.adyen.com or Tilled, Inc., available at https://www.tilled.com/. You agree to comply with all such terms and conditions applicable to you as a Service Provider hereunder.
You also agree to promptly update your Service Provider account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Service Provider Account and the information in your Service Provider Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Service Provider Account, whether or not authorized by you. You agree to immediately notify Goose of any unauthorized use of your Service Provider Account or any other breach of security related to your use of the Services.
(b) Unauthorized Uses. In addition to the forgoing prohibited uses, our Goose App and the Goose Site may not be used by a Service Provider to cause us to sell on his, her, or its behalf any of the following products or services, (hereinafter “Unauthorized Uses”): (i) any illegal activity or goods; (ii) drugs and tools intended for the production of drugs; (iii) pharmacies or pharmacy referral services; (iv) betting, including lottery tickets, sports related gambling, casinos; (v) insurance or other financial merchandise or services; (vi) money transfer; (vii) independent financial adviser services or securities; (viii) pyramid selling or multi-level marketing; (ix) counterfeit goods and goods infringing on third party intellectual property rights; (x) adult entertainment oriented products or services; (xi) escort or sexual services; (xii) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury; (xiii) internet/mail order/telephone order of age-restricted products (e.g., tobacco, alcohol); (xiv) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism; (xv) any other sales of products or services in highly-regulated industries; and (xvi) illegal software or illegal downloads such as music, films, or games. Use of the Services for Unauthorized Uses may result in Service Provider Account termination.
(c) Fees. Registration of a Service Provider Account may or may not be free of charge, depending on the Goose policies in place at the time of such registration (if applicable, “Registration Fee”). Goose reserves the right to change, from time to time and in its full discretion, the Registration Fee.
Registration Fees shall be transferred via acceptable payment methods as set forth by us at the time of registration or as otherwise communicated to the Service Provider. In addition to the Registration Fee, if applicable in accordance with the Goose policies then in effect, you agree that a specified fee will be periodically, monthly or semi-annually, depending on your arrangement with Goose, transferred from said acceptable payment method account for placing your offers via Services and maintaining the Service Provider account (“Service Provider Subscription Fee”). The first Service Provider Subscription Fee will be transferred at the moment of registration along with the Registration Fee, if applicable. Goose reserves the right to waive or reduce your Service Provider Subscription Fee for a certain period in its sole discretion, such as in the event of a free trial period. After such period, you will be presented with an offer of a certain Service Provider Subscription Fee and a pertinent amount will be transferred from your account if you agree to its conditions. Goose reserves the right to block or delete the accounts of Service Providers which do not transfer required fees.
Additionally, in accordance with Goose policies in effect at the time of any Customer reservation, Goose will charge Service Provider a percentage of the total charged by Services Provider to Customer in connection with the Service Provider services reserved though the Services and performed by Service Provider and processing fee for processing payments (the “Reservation Services Fee”).
Goose will not change or modify the Registration Fee, the Service Provider Subscription Fee or the Reservation Services Fee except upon prior notice to Service Provider provided via e-mail to the address associated with the Service Provider Account.
(d) Relation of Account on Third-Party Platform. Goose works with third-party websites, applications, and services (each a “Third-Party Platform,”) through which our Reservation Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a Service Provider opt-outs by contacting us at support@goose.pet, we may automatically-create a Service Provider profile on such Third-Party Platforms using the information provided to us by the Service Provider upon the creation of a Goose Service Provider Account, which may include but may not be limited to: business name, address, telephone number, email address, hours of operation, schedule of availability, services offered, price list, reviews, and photographs. By using the Services, you grant us a license to use and disclose the same to such Third-Party Platforms and further warrant that the forgoing information provided by you to us will not infringe the rights of any third party. The use of Third-Party Platforms and accounts thereon is subject to their own privacy policies and is not covered by these Terms or our Privacy Policy.
(e) Service Provider Account Cancellation. You can cancel your Service Provider Account by sending an email to support@goose.pet or contacting Goose through the in-app chat. In the event of any such cancellation, Goose will not refund you fees paid by you, even if you were not using your Service Provider Account during any period or you received no reservations. In case of a cancellation, we reserve the right to delete your Service Provider Account from the Services.
Please be advised that cancellation of a Service Provider Account with Goose may not cancel or cause to be deleted a Service Provider account on a Third-Party Platform. To cancel or request to be deleted such accounts, Service Providers should contact such Third-Party Platform directly.
(f) Compliance with Terms of Sale. All sales and accepted reservations shall be binding. Service Provider agrees and acknowledges that he, she, or it, and not Goose, shall be solely responsible for delivery of any and all purchased services to Customers and that a contract for sale arises at the point where a Customer utilizes the Reservation Services to book a service. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set forth in these Terms.
(g) Service Provider Warranties and Restrictions. In addition to Unauthorized Uses and prohibited use of the Services set forth in these Terms, Service Provider warrants that any and all services: (i) are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; (ii) have not been identified by the U.S. Consumer Products Safety Commission and any other regulations set forth by any government or regulatory agency applicable to Service Provider and Customer as hazardous to consumers; (iii) are not counterfeit; and (v) do not violate the rules and regulations promulgated by the U.S. Food and Drug Administration (“FDA”). Service Provider warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms, including all copyrights, trademarks and other intellectual property related to any Service Provider Account information provided to us. Upon our request, Service Provider shall provide us with sufficient documentary evidence of such rights. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization is required.
(h) Services Description. By listing services available for booking via the Reservation Services, Service Provider must accurately describe the services it provides and all terms of sale. Service Provider’s listings may only include text descriptions, and other content relevant to the sale of that service, and must comply with all Goose policies then in effect.
(i) Calendar Maintenance. Service Provider is responsible for the accurate maintenance and updating of its calendar to show current and correct availability for the Reservation Services. In no event shall Goose be held liable for double-bookings or other schedule-related errors.
(j) Ethical Selling; Communication with Customers. Service Providers shall utilize ethical selling practices when promoting any and all services including refraining from the making of false and/or misleading statements regarding the services and/or Service Provider. Service Provider expressly agrees to conduct itself at all times in an ethical and lawful manner. Goose may, from time to time and in its sole discretion place limits on the types of communications that Service Providers may send to Customers, including but not limited to mass-targeted marketing campaigns via SMS text, email, or push notification.
In addition to the foregoing, Service Providers shall not abuse any communication system made available via the Goose App or Goose Site, including the use of auto-responders. Service Providers understand that such auto-responders may or may not be activated automatically upon registration of a Service Provider Account, depending on jurisdiction, and can be modified by Service Provider via its account settings.
(k) Legal Compliance. In addition to the other requirements to comply with laws, regulations, and terms set forth herein, Service Providers agree to obey any and all local, state, and federal regulations and laws regarding solicitation and sales.
(l) Promotional Methods. Subject to the terms and conditions of these Terms, Service Providers shall be free to choose on which social media platforms and through such other mediums and sales channels its services are promoted and its use of the Services, including the ability to choose operation means, methods, locations and hours.
(m) Right of Refusal. Service Provider may refuse to accept a booking made via the Reservation Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other applicable rule or regulation.
(n) Policies; Terms of Sale. Service Providers must have in place through their service listing the following policies before they shall be permitted to conduct any transaction via the Services: (i) pre-payment policies; (ii) cancellation policies; (iii) late check-out/pick-up policies; (iv) return policies; and (v) payment policies in addition to such other policies as a Service Provider wishes to set forth. Service Providers must create reasonable policies in good faith and must abide by such policies. In the event a policy fails to comply with these Term and/or is unreasonable in any way, we may, in our sole discretion, require Service Provider to revise such policy.
(o) Chargebacks. If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction: (i) is disputed; (ii) is reversed for any reason by the payment network, Goose’s payment gateway provider, or the Customer or its financial institution; (iii) was not authorized or Goose has any reason to believe that the transaction was not authorized; or (iv) is allegedly unlawful, suspicious, or in violation of these Terms. For any transaction that results in a chargeback, Goose will withhold the chargeback amount in a reserve from the amounts payable to Service Provider. We may recoup the amount of any chargeback and any associated fees and fines assessed by a network or our processor. In addition to the foregoing, Goose may assess a chargeback processing fee. If you have pending chargebacks, we may delay payments, and if we reasonably believe that a chargeback is likely with respect to any transaction, we may withhold the amount of the potential chargeback from payments otherwise due to you until such time that: (A) a chargeback is assessed due to a Customer complaint, in which case we will retain the funds; (B) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (C) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
If we believe you might incur, or you are incurring, an excessive amount of chargebacks, we may establish additional conditions governing your account, including: (I) establishing new processing fees; (II) creating a reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees; (III) delaying payouts; or (IV) terminating or suspending the Payment Services.
We will assist you, when requested and at your expense, to investigate any of your transactions processed through the Payment Services. To that end, you permit us to share information about a chargeback with the Customer, the Customer’s financial institution, our payment processor, payment networks, and your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release the corresponding reserved funds to your account. If a chargeback dispute is not resolved in your favor by the network or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in these Terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in an irreversible chargeback.
(p) Withholding of Funds. Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, Unauthorized Uses, fraud, or other illegal activities or in case of any other chargebacks or revocations.
(q) Payouts. Once you create your Service Provider Account, you will have the opportunity to designate a deposit account into which you wish to be paid out. Once funds for the Payment Services have been completed and are settled, they shall be available for withdrawal. For U.S.-based Service Providers, payouts shall automatically be transferred to your deposit account less any fees every business day. For all other Service Providers, payouts are generally made to your designated deposit account less any fees within 1-3 business days.
Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your Service Provider Account Settings.
We are not responsible and accept no liability for any delay of payout. To inquire about a payout schedule for any particular transaction please review your payment reports or contact Goose at support@goose.pet.
In the event your payout account becomes negative, you agree that we have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we may block you from accepting further payments and institute legal proceedings for collection.
(r) Pay Out Information. You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your Service Provider Account and other information, including your address, e-mail address, and bank account information so that we can complete your transactions and contact you as needed.
(s) Deposits. Goose may require the Service Provider to maintain deposits in an escrow account to act as protection against chargebacks and refunds. The amount of such deposits will be determined by Goose.
(t) Errors. We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your Service Provider Account for the difference. If the error results in your receipt of more funds than you were entitled, Goose will debit the extra funds from your Service Provider Account or your linked bank account. You shall remit to Goose the difference within thirty (30) days of demand. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
(u) Refunds. By accepting card transactions through the Payment Services, you agree to process returns of and provide refunds and adjustments for your goods or services in accordance with these Terms. You are obliged to disclose your refund or cancellation policy to Customers at the time of purchase and/or booking, as applicable, and can refund transactions up to thirty (30) days following the date of said transaction. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Customer for postage that the Customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.
Goose will automatically process refunds on your behalf from your available balance or deposit amount and shall not be liable for refunds made in error or in violation of your own policies. If your available balance or deposit amount is insufficient to cover the refund, Goose will withdraw the requested refund amount and credit it back to your Customer. Further refunds may be accepted but will only be processed once your account shows a positive balance. For every refund, Goose may charge a refund processing fee.
Goose has no obligation to accept any returns of any of your goods or services on your behalf pursuant to the applicable Network Rules (as defined below). By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the payment processing networks and Ayden N.V. (“Network Rules”). The payment processing networks amend their rules and regulations from time to time. Goose may be required to change these Terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of inconsistency between a Network Rule and these Terms, and except as otherwise agreed between Goose and the payment processing networks, the Network Rules shall apply.
(v) Set-Off/Collection Rights. We are entitled to set-off any and all claims against amounts payable to Goose by Service Provider. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owing shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys’ fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.
(w) Taxes. You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. If you are a Service Provider based in the United States and in a given calendar year you process: (i) more than $20,000 in gross amount of payments; and (ii) more than two hundred (200) payments, Goose or its payment processor may be required by law to report information about you and your use of the Payment Services to the Internal Revenue Service (“IRS”). For purposes of determining whether you have met the IRS reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. Whether you reach $20,000 in payments or more than two hundred (200) payments will be determined by looking at our Payment Service information associated with your Service Provider Account. In order to be able to meet said regulatory obligations, before Service Provider meets the thresholds, we will need additional information, including a completed IRS form W9 for U.S.-based Service Providers. We are entitled to block the Payment Services for any Service Provider that fails to provide us with all the needed information based on the applicable taxation rules and regulations.
(x) Additional Products and Services. We may, from time to time, offer additional products and services for purchase by Service Providers, such as additional text messages, or payment processing hardware and technical support, and lead generation. Such additional products and services shall be subject to additional service fees, which shall be set out at the point of sale and subject to change in or sole and exclusive discretion and set forth in a separate agreement between the Customer and Goose or a Goose affiliate offering such products and services. In the event that such additional services include lead generation for Service Providers, Service Provider agrees and acknowledges that it will be responsible for the payment of a commission to Goose for first-time Customers who utilize the Reservation Services. In such an event, Goose and Service Provider shall agree in good faith on a set number of leads generated with Goose retaining ultimate authority to determine the same.
(y) Transaction History. You may, at any time, receive your transaction history via e-mail request to support@goose.pet. Such history may include the ability to track commissions and otherwise receive statistics and reports on performance. While we endeavor to keep all such information complete, timely, and accurate, we do not warrant that all transaction history shall be error-free. You are encouraged to maintain your own transaction history and financial information. By using the Goose App and Goose Site you acknowledge that your reliance on any such information provided by Goose is at your own risk. Goose shall not be held liable in the event such information is inaccurate or incomplete.
(a) Intellectual Property. These Terms permit access to and use of the Services, and you are not granted a license to any software or intellectual property by these Terms. Services are protected by U.S. and, where applicable, international intellectual property laws. The Services belong to us and are the exclusive property of Goose and its licensors (if any). All rights not expressly granted to Users through these Terms are exclusively retained by Goose.
Furthermore, excluding your Submissions, all material displayed or transmitted on the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials”), are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Services or Materials, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on the Services for personal, non-commercial use only, provided that you do not remove or cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Services without our express written permission. All requests for archiving, republication, or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to support@goose.pet.
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Services in accordance with these Terms. Any Materials accessed or downloaded from the Services must be accessed or downloaded in accordance with these Terms. We reserve any rights not expressly granted under these Terms of Use.
(b) App License. Subject to the terms and conditions of these Terms, Goose grants User a non-exclusive, non-transferable, revocable license to use the Goose App, in object code form only, on User’s compatible devices including but not limited to mobile devices, solely to support User’s permitted use of the Services.
(c) Grant of License from User. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Submissions and any content contained in any service listing or profile. You agree to allow Goose to store or re-format your content and display your content in any way as we so choose. Goose will only use personal information in accordance with our Privacy Policy.
(d) Feedback. Goose shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any User or on User’s behalf in connection with these Terms.
(e) Customer Confidential Information. As part of a transaction made via the Goose Site or Goose App, Service Providers may obtain personal information, including payment information, a telephone number, and an e-mail address, from a Customer/User. This personal information shall only be used for that transaction or for Goose-related communications and shall be held in strict confidence in accordance with our Privacy Policy. We have not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Customer, Service Providers are not licensed to add any Customer to an e-mail or physical mailing list. For more information, see our Privacy Policy. This provision shall not apply to instances where a Service Provider adds its own Customers to the Services or otherwise obtains consent from a Customer to contact such Customer for purposes outside of the transaction and Goose-related communications.
(f) Copyright Policy; DMCA Takedowns. We respect the intellectual property rights of others. If you are a copyright owner or an agent of such an owner and believe that any content or any material on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): (i) a physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Services; (iv) information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address; (v) a statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement (or a counter-notification, if you believe your content has been wrongly removed) is: support@goose.pet
You acknowledge that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
(a) Third-Party Ads and Promotions. We may, from time to time, display ads and promotions from third parties on or through the Services. Your communications and transactions with third parties as a result of such ads or promotions, and any terms, conditions, warranties, or representations associated with such communications and transactions, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred by you or any other party as the result of any such communications and transactions, or as the result of the presence of third-party advertisers on the Services.
(b) Use of Third-Party Tools and Platforms. We may provide you with access to third-party tools and integrations (including Third-Party Platforms) over which we have no control or input and which we do not monitor. Information is shared with such third parties as set forth in our Privacy Policy.
You acknowledge and agree that we provide access to such tools and integrations “as is” and “as available “without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and integrations.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms.
(c) Third-Party Links. Certain content, products, and services available via the Services may include materials from third parties. Third-party links on the Services may direct you to third-party websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites and/or services, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
(a) Disclaimers; Limitation of Liability. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, ARE PROVIDED ON AN “AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. GOOSE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT GOOSE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. GOOSE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF GOOSE. FOR THE AVOIDANCE OF DOUBT, YOU MAY HAVE OTHER STATUTORY RIGHTS, AND THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON SERVICES ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, AFFILIATES, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS AND OFFICERS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH OR RELATE TO: (I) THESE TERMS; (II) ANY USE OF THE SERVICES, HARDWARE OR ACCESSORIES, MATERIALS, OR THE USER-GENERATE CONTENT; (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR PAYMENT SERVICES); OR (IV) YOUR VISIT TO ANY SERVICE PROVIDER OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY SERVICE PROVIDER OR CUSTOMER IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE GOOSE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES. GOOSE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY SERVICE PROVIDER FOR WHICH A CUSTOMER HAS MADE A RESERVATION OR PAID A BILL USING THE PAYMENT SERVICES.
WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
THE ABOVE LIMITATIONS SHALL SURVIVE THESE TERMS AND INURE TO THE BENEFIT OF US AND OUR AFFILIATES AND RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS. YOU AND GOOSE UNDERSTAND AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN THIS SECTION 7(a) ARE ESSENTIAL ELEMENTS OF THESE TERMS AND THAT THEY REPRESENT A REASONABLE ALLOCATION OF RISK. IN PARTICULAR, YOU UNDERSTAND THAT GOOSE WOULD BE UNABLE TO MAKE THE SERVICES AVAILABLE TO YOU EXCEPT ON THESE TERMS AND AGREE THAT THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) Indemnification. You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, users, and agents, from and against all claims, suits, and expenses, including attorneys' fees, arising out of or related to: (i) your use of the Goose Site and/or the Goose App; (ii) your noncompliance with or breach of this agreement; (iii) your use of third-party services, platforms, products, links, advertisements, and/or tools; (iv) your violations of any third-party rights, including third-party intellectual property rights in Submissions and feedback; (v) the unauthorized use of the Services by any other person using your Account; and (v) if you are a Service Provider, your failure to comply with the network rules or PCI-DSS security standards, including the compromise of any payment information.
(c) Release. You understand that Service Providers and Customers are solely responsible for their interactions between and among each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you, as a result of your interaction with another User or visitor to any Service Provider or from any product or service of any Service Provider. You hereby release Goose from any and all such Claims. In connection with the foregoing, if you are a California resident, you hereby waive California Civil Code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Goose pertaining to the subject matter of this Section 7(c).
(a) Governing Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles that provide for the application of the law of another jurisdiction. Except as otherwise expressly set forth in Section 8(b) below, the exclusive jurisdiction for all Disputes (defined below) that you and Goose are not required to arbitrate will be the state and federal courts located in Cook County, Illinois. You waive all claims of lack of personal jurisdiction and forum non conveniens in such courts.
(b) Arbitration.
(i) Mandatory Arbitration of Disputes. If you are based in the United States of America, we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. We each agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(ii) Exceptions. As limited exceptions to sub-section (i) above: (A) we both may seek to resolve a Dispute in small claims court if it qualifies; and (B) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual property rights.
(iii) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against us, you agree to try to resolve the dispute informally by sending us notice at support@goose.pet with the subject heading “DISPUTE RESOLUTION NOTICE”, which notice shall include your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
(iv) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
(v) Location of Arbitration. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Chicago, Illinois or at another mutually agreed location. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, we will pay them for you. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
(vi) Injunctive and Declaratory Relief. Except as provided in sub-section (ii) above (Exceptions), the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
(vii) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(viii) Severability. With the exception of any of the provisions in sub-section (vii) above (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
(a) Customer Service. Should you have any questions, comments, or concerns regarding the Services or these Terms, customer service may be contacted at any time as follows:
Telephone: (312) 447-2376
E-mail: support@goose.pet
(b) Affiliate Disclosure. We may have an affiliate relationship with third parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate or partnership.
(c) Authority. Each party represents and warrants to the other that it has full power and authority to enter into these Terms and that it is binding upon such party and enforceable in accordance with its terms.
(d) Waiver. Any waiver of any rights under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. Unless otherwise expressly set forth herein, the rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
(e) Force Majeure. We shall not be liable for damages caused by conditions beyond our control including acts of God, government restrictions, wars, insurrections, acts of terrorism (including cyber), third-party hacks and intrusions (including by nation-state actors), epidemics or pandemics, infectious diseases and/or any other cause beyond our reasonable control.
(f) Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Goose.
(g) Rights of Third Parties. These Terms do not give any right to any third party unless explicitly stated herein.
(h) Relationship of the Parties. The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has the authority to enter into terms of any kind in the name of the other party or of any third party that may have a right pursuant to these Terms.
(i) Severability. If any part of these Terms is determined to be invalid or unenforceable by applicable law, 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 these Terms will continue in effect.
(j) Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Goose Holdings, Inc., and in the case of any User, to the e-mail address you provide to us (either during the Account registration process or when your e-mail address changes). Notice shall be deemed given twenty-four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
(k) Construction. Words importing the singular include the plural, words importing any gender include every gender and words importing persons include entities, corporate and otherwise; and (in each case) vice versa. The section headings are for ease of reference only and shall not affect the interpretation or construction of this Agreement. As used herein, the words “shall” and “will” are to be interpreted as imperative and mandatory, and not permissive. Whenever the terms “including” or “include” are used in this Agreement in connection with a single item or a list of items within a particular classification (whether or not the term is followed by the phrase “but not limited to” or words of similar effect) that reference shall be interpreted to be illustrative only, and shall not be interpreted as a limitation on, or an exclusive enumeration of, the items within such classification.
(l) Entire Agreement; Survival. These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Service. Sections that by their nature, or to give effect to their meaning, must survive expiration or termination of this Agreement, shall survive any expiration or termination of this Agreement.