Pawp Inc. AutoShip Program Terms & Conditions

Effective: March 2022.

The Pawp AutoShip Program (the “AutoShip Program”) is governed by these Terms & Conditions (the “AutoShip Terms”), incorporating the Pawp Terms of Service (the “Terms of Service”) and the Pawp Privacy Policy (the “Privacy Policy”), all of which (changed from time to time with updates on the Pawp website) are incorporated into these AutoShip Terms, and constitute your entire agreement with Pawp inc. (“Pawp”) relating to the AutoShip Program.

Arbitration Notice: These terms of use which govern the Pawp Autoship Program incorporate a mandatory individual arbitration provision(s) which will effectively waive a class action and jury trial These provisions require the use of mandatory binding arbitration on an individual basis to resolve disputes rather than jury trials or class actions accordingly. You and Pawp agree that disputes related to the Autoship Program, if unable to reach a satisfactory conclusion, will be resolved by mandatory binding arbitration. More information on the arbitration provision can be found in the enclosed Addendum A.

By placing an order and enrolling in the Autoship program you accept these Autoship terms and expressly agree to be bound by and abide by these Autoship terms; the privacy policy and the terms of service, including the mandatory individual arbitration provision. Please read all the terms and policies carefully. In the event of not agreeing to these terms, you out of the Pawp Autoship Program.

Joining the AutoShip Program

Subject to these AutoShip Terms, when you join or enroll in the AutoShip Program, you are agreeing to and signing up to receive continuous shipments of items at a frequency of your choosing.

To join the AutoShip Program, you will need a Pawp Member account. To create an account, follow the instructions on the Pawp website. Creating a Pawp account will automatically enroll you in Pawp’s Autoship program. Only the person who is the authorized email account holder of the e-mail address linked to the Pawp account may enroll in the AutoShip Program. The AutoShip Program is only available in the United States. Unless you are at least 18 years of age you may not access, use, place an order or enroll in the Autoship program.

Benefits of the AutoShip Program

When applicable to your purchase (as designated on the Pawp website), you will receive the benefit of an AutoShip discount on your initial and future AutoShip orders. Special limited-time AutoShip promotions only apply during their effective dates. Notwithstanding any of the foregoing, Pawp reserves the right to change the AutoShip benefits at any time in its sole discretion, including discount amounts, promotions, and eligibility. In addition, some of the offer details may change as you receive deliveries over time (for example item price, taxes, availability, and/or shipping charges); provided however, Pawp will not change the price of an item or a discount on your next order once you have received an order confirmation email for that order.

Order Process

After joining the AutoShip Program, your first order will be processed immediately and the payment method you have provided will only be charged at the time the order is placed.

Thereafter Pawp will place your AutoShip orders automatically according to your selected frequency. Subject to these AutoShip Terms, this will continue until you cancel your enrollment in the AutoShip Program. AutoShip items that have the same order date, shipping address, billing address, and payment method will ship if possible as one order.

With respect to future orders, Pawp will send you a reminder email. You can skip, edit, or cancel your order up to the time the order is placed. If you do not cancel an order before the day prior to its placement date, your order will be authorized and you will be charged as further described in the “Credit Card Authorizations and Charges” section below. You will also receive an order confirmation email and a shipment confirmation email. Your order’s delivery date depends on when an order leaves a Pawp business partners’ warehouse, the destination address, and the shipping method.

The AutoShip Program is a subscription program that is contingent upon item availability. You will receive an email notification if one or more of your items is not available.

Credit Card Authorizations and Charges

By enrolling in the AutoShip Program, you expressly permit Pawp to charge your provided payment method on a recurring basis, as well as the amount of the charge, all at the frequency and quantity you selected. As such, Pawp will submit periodic charges to your provided payment method without further authorization from you, until you provide notice otherwise. Such notice and/or any changes to your payment method will apply to an order up to the time it is placed.

On your order’s placement date, your order will be automatically authorized (i.e., some debit and bank check cards may reflect a deduction of funds at such time; this however is an authorization only). The amount you are to be charged for your item(s) will be the price of the item(s), plus any applicable sales tax (taxes are finalized when your order ships). You will not be charged until your order ships.

If Pawp is unable to complete your AutoShip order with your payment method, we have the right to cancel your order. Pawp, at its discretion, may email you a notification and the opportunity to charge another payment method and update your payment information in your Pawp account prior to such cancellation.

All AutoShip orders require a credit or debit card payment. You will be required to add a credit or debit card payment method to your Pawp account prior to purchasing any item pursuant to the AutoShip Program. Alternative payment forms, such as PayPal and gift cards, cannot be accepted at this time.

Making Changes to an AutoShip Order and Your Account

By visiting the AutoShip section of your Pawp account or following the link in your order confirmation email, you can change your shipping address, payment method, and other account information. You can also add to an order, skip an order, change your order frequency, or cancel your enrollment in the AutoShip Program. Please allow up to 24 hours for modifications to be processed. All changes made to your Pawp account or an order are subject to these AutoShip Terms (e.g., you can make any changes to an order up to the order’s placement date).

Cancellation and Reactivation

Your AutoShip subscription will remain in effect until it is canceled; or at such time as you are no longer a Pawp Member. You can cancel at any time by visiting the “AutoShip” tab in your Pawp account and selecting the “Cancel Subscription” link. Such cancellation will not affect orders already placed. If you cancel your AutoShip subscription and then reactivate or resume it, the AutoShip discount, if any, may not be the same discount you were receiving at the time of cancellation. Accordingly, the new price will be applied to your future orders.

Notifications

From time-to-time, you may receive email notifications and other important information related to your Pawp account and the AutoShip Program, such as, if your item is discontinued or out of stock, if you cancel your enrollment, or if your payment method fails.

Changes to these AutoShip Terms

From time-to-time Pawp may, in its sole discretion, change these AutoShip Terms, (including all applicable terms, conditions, limitations and requirements on the Pawp website), without notice to you. If any of these AutoShip Terms or any change hereto is found invalid, void, or unenforceable, that term and/or change is severable and does not affect the validity and enforceability of any remaining terms or changes. YOUR CONTINUED PARTICIPATION IN THE AUTOSHIP PROGRAM AFTER PAWP CHANGES THESE AUTOSHIP TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THESE AUTOSHIP TERMS OR ANY CHANGES HERETO, YOU MUST CANCEL YOUR AUTOSHIP SUBSCRIPTION.

Miscellaneous Terms

Pawp may, in its sole discretion, terminate your AutoShip subscription and/or the AutoShip Program and if possible, will provide at least 24 hours prior notice. If Pawp does so, you will only be charged for orders that (a) have shipped to you, and (b) are already placed and will actually ship to you.

Pawp shall not be liable to you for any breach of its obligations under these AutoShip Terms arising from causes beyond its reasonable control, including, but not limited to, weather, fires, floods, earthquakes, and other acts of God, pandemics/epidemics, acts of terrorism, acts of war, strikes, delays caused by third-party transportation, embargoes or industrial disturbances, power outages, shutdowns, or local, state or federal governmental actions.

Your participation in the AutoShip Program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without express written authorization from Pawp. All returns under the AutoShip Program are subject to Pawp’s Return Policy (as changed over time). AutoShip subscriptions are void where prohibited.

For frequently asked questions, visit our AutoShip FAQs. For additional questions call our customer care team.

Addendum #1: Arbitration

In the event of any dispute(s), the Parties will enter into good faith discussions to satisfactorily resolve such dispute(s). After a period of ten (10) days if unable to reach a resolution, the Parties will enter into binding arbitration.

Unless both parties mutually agree to waive arbitration with respect to a particular dispute, the parties to this Agreement hereby agree that binding arbitration shall be the sole remedy for any and all dispute(s) arising between them with reference to any transactions, terms, or conditions under this Agreement including its formation and validity. Arbitration proceedings brought hereunder shall be referred for final determination to the majority decision of a Panel of three disinterested arbitrators. Notice of demand for arbitration shall be made in writing and shall be served via certified or registered mail, return receipt requested, from the Respondent to the Arbitration at the Respondent’s current address. The notice requesting arbitration shall identify the Agreement(s) involved in the dispute, the issues to be resolved in the view of the Petitioner, and the arbitrator selected by the Petitioner. The term “days” as used herein shall mean calendar days.

The Respondent shall appoint an arbitrator within 30 days of receiving a request by the Petitioner in writing and served via certified or registered mail, return receipt requested, to do so. At the same time as the appointment, the Respondent shall identify in writing any issues which in its view must be resolved in the arbitration proceeding and which were not identified by the Petitioner. If the Respondent fails to appoint its arbitrator within 30 days of being requested to do so, in writing, by the Petitioner, the Petitioner shall have the right to appoint the second arbitrator. Within 30 days after their appointment, the two arbitrators so chosen shall select a third arbitrator to act as umpire. If the two arbitrators do not agree as to the selection of a third arbitrator within 45 days after their appointment, the third arbitrator shall be selected from a list of three individuals (one named by each arbitrator) by a judge of the federal district court or state court in Kings County, Brooklyn, New York.

Each arbitrator shall be a disinterested, active, or retired business person, who has not been under the control or management of either party to this Agreement, and shall have experience in the class and type of business subject to this dispute.

Within 15 days after notice of appointment of all arbitrators, the Petitioner and the Respondent shall each submit a statement of position to the Panel.

Within 30 days after notice of appointment of all arbitrators, each party shall provide the other with its relevant books, records, and/or other papers not protected from disclosure by either the work-product or attorney-client privilege. Other than the exchange of relevant documents, both parties shall refrain from engaging in any type of discovery including, but not limited to, depositions and interrogatories.

Within 30 days following the exchange of documents, the Petitioner and the Respondent shall submit hearing briefs to the Panel.

Unless some other location is mutually agreeable to the parties, arbitration proceedings shall take place within Brooklyn, New York. Arbitration shall commence as soon as practicable but in no event longer than 75 days after selection of the third arbitrator with notice thereof to the parties. The specific time and site of arbitration shall be promptly agreed to by the parties, or if no Consent is reached, then determined by the Panel.

The Panel shall be relieved from applying the strict rules of evidence and/or procedure and shall make its decision based on the custom and practice of the subject business with a view toward effecting this Agreement in a reasonable manner. Should either party fail to appear at the arbitration and/or fail to furnish the Panel with any subpoenaed papers or information, the Panel is empowered to proceed ex parte. The Panel shall make its award within 30 days following the close of the hearing. The majority decision of the Panel shall be final and binding upon the parties and shall be reduced to a written award, which may include factual findings, and shall be signed by any two of the three arbitrators, dated and delivered overnight to the parties. The Panel may award prejudgment and postjudgment interest, but in no case shall the authority of the Panel extend to awarding punitive or exemplary damages. Judgment may be entered upon the award by any court having jurisdiction.

Each party shall bear the expense of its own arbitrator but shall equally share with the other the expense of the third arbitrator. In the event that the two arbitrators are chosen by one party, as above provided, the expense of the two arbitrators, the third arbitrator and the arbitration shall be equally divided between the Petitioner and the Respondent. Unless mutually agreed otherwise, a court reporter transcript shall be taken of the hearing with costs to be divided equally between the parties. The Panel shall allocate the remaining costs of arbitration.

The Arbitration proceeding brought hereunder, any or all provisions contained herein, and arbitration awards entered pursuant to this Article are specifically governed by, subject to and enforceable under the Federal Arbitration Act (Title 9, United States Code, Sections 1-14).

Each party agrees that time is of the essence with respect to all terms and conditions referenced in this Article. All deadlines contained in this Article may be extended by mutual consent of the parties, and if the Panel has been selected, the Panel’s Consent must also be obtained.

Each party agrees that any arbitration award entered pursuant to and governed by this Article shall not have any precedential or collateral estoppel effect on future arbitrations, proceedings, or controversies, if any, between the parties. Any claim of res judicata or claim preclusion shall itself be subject to arbitration.

The 24/7 support system for pet parents.

© 2022 Pawp, Inc. All Rights Reserved.