This website is operated by Nala’s Friends. Throughout the site, the terms ‘we,’ ‘us’ and ‘our’ refer to Nala’s Friends. Nala’s Friends offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Payment and Fees
The adoption fees and adoption guidelines for each pet vary with the different shelters so to find out about a particular pet, please contact the organization directly, if it is not otherwise stated. We assume no liability or responsibility in connection with the adoption fees and adoption guidelines for each pet.
If you have donated to help a specific animal, and more than the mentioned amount has been raised, than your donation will be put towards the next animal in the most need.
If you have donated for a specific cause or animal, but an emergency case comes into the shelter, then we will use the money given to help the emergency first.
Monthly Members
Monthly members may cancel their membership at any time, but are required to pay for the current month they are in. No refunds will be given for cancellations made after the monthly renewal date. The subscription and services will remain to be accessible until the end of the current month period.
Godparents
Godparents may cancel their membership at any time, but are reauired to pay for the current month they are in. No refunds will be given for cancellations made after the monthly renewal date. The subscriptions and services will remain to be accessible until the end of the current month period.
In the event that the supported animal becomes adopted, the monthly donation will be automatically transfered to the next animal in need. If you would like to cancel, please do so in your account. In the event that the supported animal is adopted, the monthly member will not automatically receive an update (still under construction).
Your use of the site and services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account, if any. Our goal is to create a safe, positive and useful user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to others users or to us. When you use the Site or Services, you may not:
- Violate any law or regulation;
- Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- Send unsolicited or unauthorized advertising or commercial communications, such as spam; engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any animals currently housed at Nala’s Friends, will be advertised as such. All other animals are not housed by us and information on the website has been given by the home shelter. Information regarding pets posted on the Site and Services is provided by the posting organization and is not checked for accuracy nor guaranteed to be accurate or complete. We are not therefore responsible for any discrepancies in the information of the pet. Most, if not all, of the animals advertised were once street animals, and we can therefore not know in certainty the history of the animal and the pedigree. We work hard to ensure that our listings are kept up to date, and that we are in partnership with reputable animal shelters, but we assume no responsibility for any actions and of these organizations may or may not take.
User Content
The Site and some of our Services allow you to upload, submit, store, send, or receive content and data ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.
Ownership
Except for User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"), and (b) our trademarks, logos, and brand elements, including all images and text on the Site and Services ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. You may not use the Site and Services, Out Content, or Marks without the express and prior consent of Nala’s Friends.
Visiting other Friends – Other Websites
Our site contains links to other web sites (shelters, pet rescue groups, etc.). When you click on one of these links, you are entering another web site for which Nala’s Friends has no responsibility. It's like going off-leash at the dog park. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.
Security
We protect account information by placing it on a secure portion of our site that is only accessible by certain qualified employees. Unfortunately, however, no data transmission over the internet is 100% secure. While we strive to protect your information, we cannot ensure or warrant the security of such information.
Privacy
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.
Third Party Content and Interactions
Our Site and Services may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on our Site and Services, including shelters, rescue organizations, and others, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of our Site and Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or Nala’s Friends.
Disclaimer and Limitations on Our Liability
You use the site and services at your own risk. The site and services are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by applicable law, we and our officers, employees, directors, parents, subsidiaries, affiliates, agents, sponsors, and licensors (referred to collectively as ‘affiliates’) disclaim all warranties of any kind, express or implied, with respect to the site and services (including the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement).
In particular, we and out affiliates make no representations or warranties about the accuracy or completeness of content available on or through our site and services (including, without limitation, any recommendations or other content available on or through the site or services), or the content of any websites or resources linked to the site or services. We and our affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services or the adoption or actions of or interaction with any pet; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site or services; (e) any computer viruses or malicious code that may be transmitted on or through the site or services; or (f) any loss or damage of any kind incurred as a result of the use of any functionality or content posted, emailed, transmitted, or otherwise made available on or through the site or services.
We and our affiliates do not warrant, endorse, guarantee, or assume responsibility for any pets offered for adoption or adopted or any third party product or service recommended, advertised, or offered on or through the site or services, or any linked website, including, without limitation, from any shelter or rescue organization.
You understand and agree that any material or information downloaded or otherwise obtained through the site or services is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from us or through the site or services will create any warranty not expressly made in these terms of service and privacy policy.
To the fullest extent permitted by applicable law, neither we nor our affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential, punitive, or exemplary damages, including intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), arising from or relating to the adoption or action of or any other interaction with any pet, Nala’s Friends, the site or services, or these terms of service and privacy policy.
Indemnification
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Arbitration
You and Nala’s Friends agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Nala’s Friends hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Nala’s Friends relating to these Terms or the Offerings (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the European Arbitration Chamber ("EAC Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nala’s Friends will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Nala’s Friends from seeking action by federal, provincial, or local government agencies. You and Nala’s Friends also have the right to bring qualifying claims in small claims court. In addition, you and Nala’s Friends retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Nala’s Friends may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Nala’s Friends individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms. This Section of the Terms will survive the termination of your relationship with Nala’s Friends.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN EAC RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NALA’S FRIENDS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Other Provisions
Under no circumstance will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the Kingdom of Belgium, without giving effect to any conflict of laws or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the Provincial or Federal courts located in Belgium. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Questions? Get in touch with us!
If you have any questions or concerns please contact: hello@nalasfriends.com.
Revisions
Nala’s Friends reserves the right at any time and without notice to change these Terms of Service and to enhance and update the Site and Services. We may change or discontinue the Site or services at any time, with or without notice to you.