Terms & Conditions

1. OVERVIEW

We are Crumb LLC, d.b.a Crumb ("Crumb", “we”, “us” or “our”). Our company details are set out at the end of this document. These Terms and Conditions form an agreement (“Agreement”) between us and you (“you”, “yourself”, “User” or “Customer”). The Agreement sets forth the terms and conditions of your use of any Crumb services you subscribe to. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. ONLINE STORE TERMS

The Services are intended solely for users who are residents of the United States and who are eighteen (18) years of age or older. If you are not resident in the United States or you are under eighteen (18) years of age and register to use the Services or access the Services, we do not agree to provide the Services to you and you must cancel your account and stop using the Services. By registering for or using the Services, you represent and warrant that you are a United States resident and at least eighteen (18) years of age. If you are registering for and using the Services on behalf of another party, you warrant and represent that you have their express consent and that you have authority to act on their behalf with respect to any actions you take in connection with the Services. You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. We do not verify your information, meaning we are completely reliant on the information you provide to us. You are solely responsible for maintaining the confidentiality of your account details and password. You must not disclose these to anyone else. We have the right to disable your account if, in our reasonable opinion, you have failed to comply with our Terms and Conditions.

3. GENERAL CONDITIONS

4. CRUMB VET TERMS

a. Crumb Vet is an online veterinary service where pet health advice is sought by a pet owner using non-real-time communication via text, photographs and videos. Video responses are provided by the Vet. This form of communication between you and the Vet is referred to as an “Interaction”. The Service is currently only available to residents of the United Kingdom and any other territory in which veterinarians are formally regulated by the Royal College of Veterinary Surgeons. You will be asked to provide basic information about your pet including but not limited to species, breed and weight which can assist the Vet in helping you and your pet. During the course of an Interaction, you may be asked to provide the Vet with further texts, videos and photographs to help describe your pet’s condition to the Vet. An interaction will be considered completed if you do not respond to the Vet within 48 hours. The Vet will close the interaction once this period has completed and the interaction will be stored as Closed in the mobile phone application. Please note that Crumb Vet is not a replacement for traditional veterinary services, but instead is complementary to veterinary care in a physical clinic. Crumb cannot conduct or provide a physical examination of your pet and does not offer any diagnostic services, provide diagnosis of disease or prescribe medication as per the Royal College of Veterinary Surgeons Code of Professional Conduct for Veterinary Surgeons. Via the Service, Crumb and/or the Vet can only provide triage and general health advice as per the Royal College of Veterinary Surgeons Code of Professional Conduct for Veterinary Surgeons. This means that based on the information you have provided, the Vet advises on what they recommend as the next step for your pet’s care. AS A RESULT, CRUMB BEARS NO RESPONSIBILITY FOR ANY EXAMINATION OR OTHER MEDICAL SERVICES PROVIDED DURING AN INTERACTION. In the case of an emergency or if you feel that your pet is deteriorating, please contact your registered vet immediately. If additional symptoms or similar occur, or if new relevant information comes to light after your interaction has been closed, please start a new interaction, or speak to your registered vet. We may share a summary of the interaction with your veterinary practice if you receive Crumb Vet as a subsidised service through the practice and they have requested these records. You may not record, in whole or in part, any chat conversation or video response from the Vet unless permission has been granted by Crumb Vet. b. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. c. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

8. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

9. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”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. Any use by you of optional tools offered through the site 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

10. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites 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, 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 websites. 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.

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Crumb, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Crumb and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

18. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

19. GOVERNING LAW

The Agreement and any non-contractual obligations arising out of, or in relation to it, is governed by and construed in accordance with the laws of England and Wales. You and we irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.

20. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

21. SUBSCRIPTION PLANS AND AUTOMATIC RENEWAL

a. We offer annual and monthly subscription plans depending on what you select in the payments page at the time you purchase the Services. b. Where you have purchased an annual subscription plan, the plan will automatically renew at the end of the current subscription period for the same period you originally subscribed for unless you have opted out of automatic renewal, or you contact us and tell us you do not want your subscription plan to renew. You can opt out of automatic renewal or tell us that you do not want your plan to renew by amending your billing preferences in your Control Panel. c. Your credit /debit card will be automatically debited on or around the time that your subscription plan comes up for renewal unless you tell us you do not want to renew as explained in clause 23.c d. Before your annual subscription plan is due for renewal, we will provide you with a Renewal Notice approximately 30 days before you are due to be charged. We will send the Renewal Notice to the email address you provided us with when you signed up for the Services. The Renewal Notice will tell you: i. the new price plan and the fees and charges you will need to pay us; ii. the period of subscription; iii. how you can cancel your subscription and, where applicable, obtain a refund. e. Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account. You can cancel your account at any time. f. Exceptions to Automatic Renewal. If you are in dispute with us or have previously requested a chargeback/transaction reversal that we have successfully challenged, your Services will not automatically renew at the end of your existing service term. Unless we are required to by law, we are unable to return disputed charges that we have successfully challenged, due to the costs we incur for dealing with the dispute.

22. PRICING AND PAYMENT

a. Pricing i. If you have claimed an introductory or special promotion offer when signing up for your subscription plan, the Services will automatically renew at the current non-discounted price listed on our site at the time the subscription plan is due for renewal. This does not affect your cancellation rights. ii. If your subscription plan auto-renews, you will be charged for the Services in accordance with the current prices for the relevant subscription plan at the time of renewal. More information on auto-renewal is set out immediately above under Subscription Plans and Automatic Renewal iii. Our subscription plans are available on an annual or monthly basis, both of which renew upon their anniversary and are extended for the same period of time. b. Payments i. You agree to pay us all fees and charges for the Services at the time you order the Services or as set out in any Renewal Notice. ii. If the credit/debit card on file with us has expired or does not permit automatic renewals, you must contact us if you want to renew the Services or update your card details by managing your billing preferences within your account. Where this is the case and you do not renew your Services upon its anniversary date, your access will be terminated. iii. You are responsible for ensuring that your credit/debit card billing information with us is accurate. We also accept certain pre-paid payment methods iv. Currency. If you are using the Services in the United States, all payments are in UK pounds sterling. v. Value Added Tax (“VAT”) is payable for the Services at the prevailing rate. The amount of VAT payable will be shown to you when you pay for the Services. c. Billing Issues and Support i. You should tell us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries. In particular, please always contact us before attempting a chargeback with your bank as we may be able to assist with your subscription plan.

23. CANCELLATIONS AND REFUNDS

You can cancel the Services at any time, including where there is a change to the Services or the terms of this contract. If you cancel during your subscription plan, you may continue to access the Services for the remainder of your subscription plan provided that you have paid for the Services in full and subject always to these terms and conditions. You can manage your billing preferences via the Control Panel. Alternatively, if you require assistance you can email us your request to [email protected]. You may not receive a refund upon cancellation and you should refer to ‘Refunds’ section below. Refunds a. Refund policy for annual subscription plans i. We offer a 30-day cancellation period from the day of your purchase, with or without cause for all annual subscription plans. We will provide you with a full refund if you cancel your subscription within 30 days of your annual subscription plan purchase. ii. This 30-day cancellation period and refund policy does not apply where you are on a monthly subscription plan (see clause 23.b below - Refund policy for monthly subscription plans) iii. Where your subscription plan auto-renews and you are on an annual subscription plan, you can cancel and receive a full refund within the first 30 days of the new subscription period starting iv. If you want to cancel after this 30-day period after your annual subscription plans has renewed, we will provide you with a pro-rata refund. b. Refund policy for monthly subscription plans i. We offer a 14-day cancellation period from the day of your purchase, with or without cause for all monthly subscription plans. We will provide you with a full refund if you cancel your subscription with 14 days of your monthly subscription plan purchase. ii. If you want to cancel after this 14-day period after your monthly subscription plans has renewed, we will provide you with a pro-rata refund. c. Cancelling your account and requesting a refund i. Requesting a refund is easy provided you are eligible under our refund policy. You can: 1. Contact us by using the details at the start of these terms; 2. e-mail us using [email protected]. ii. Our right to terminate your use of the Services. We may suspend or terminate your use of or access to the Services if we believe that: 1. you are in breach of these terms and conditions; or 2. your continued use of the Services may damage, disable or impair our servers or networks or otherwise harm or diminish the reputation of us. 3. Such termination may be immediate and without notice but we will try and give you reasonable notice if we can. You may not be eligible for a refund of any amounts paid to us if we terminate your subscription plan in accordance with this term. d. Effects of cancellation or termination i. Where we have cancelled or terminated your subscription plan, you shall immediately cease any and all use of the Services. ii. Where you choose to cancel or terminate your subscription plan and you are not eligible for a refund, you will have access to the Services for the remainder of subscription plan, subject to these terms and conditions.

24. CONTACT INFORMATION

If you have any questions, comments or complaints, please contact us at [email protected] or via postal mail to: Crumb LLC d.b.a Crumb

256 Champan Road STE 105-4
Newark
Delaware
19702
United States