Your acceptance of these Terms constitutes a binding agreement. If you
do not agree to these Terms, you must not access or use the Supplier
Admin Center.
These Terms are intended to supplement the Petco Terms of Use,
available
here.
-
Changes to these Terms
Petco reserves the right to modify these Terms at any time in its
sole discretion by providing notice to you by email, by posting
the updated Terms on the Platform, or by any other reasonable
means, as determined by Petco in its sole discretion. Your
continued use of the Platform and Supplier Admin Center following
the posting of updated Terms constitutes your acceptance of such
changes, and it is your responsibility to review these Terms
periodically.
-
Additional Terms
From time to time, Petco may present you with additional terms
that apply to the Supplier Admin Center (the “Additional Terms”). In the event that any Additional Terms conflict with these
Terms, these Terms will control.
-
Definitions
-
"Authorized User” means any natural person who
is authorized by a Supplier to access and use the Platform and
the Supplier Admin Center on Supplier’s behalf. An Authorized
User may include, without limitation, an owner, officer,
director, employee, contractor, or agent of Supplier who has
been designated by Supplier to manage Supplier’s account, submit
or update Supplier Information through the Supplier Admin
Center, or otherwise interact with the Supplier Admin Center in
connection with the Supplier’s participation in the Platform.
Each Authorized User must be a natural person acting in their
capacity as a representative of Supplier and must have the
requisite authority to bind Supplier to these Terms and to any
transactions or submissions made through the Supplier Admin
Center and Platform.
-
"Platform” means the online marketplace
operated by Petco Animal Supplies Stores, Inc. or any of its
subsidiaries, divisions, or affiliates (collectively,
“Petco”), including all associated websites,
applications, tools, interfaces, and services through which
Suppliers and Authorized Users may register, list products or
services, manage account and payment information, and conduct
transactions. The Platform encompasses the Supplier Admin
Center, all payment processing functionality, and any related
systems or infrastructure provided or made available by Petco to
facilitate Supplier participation.
-
"Supplier Admin Center" means the secure,
password-protected Supplier portal operated by Petco and its
authorized service providers and accessible through the
Platform, through which Suppliers and Authorized Users may
upload, submit, review, and update Supplier Information,
including banking and financial account information, and manage
their accounts in connection with their participation in the
Platform. The Supplier Admin Center serves as the primary
interface through which Supplier Information is collected and
maintained for purposes of payments in connection with Platform
transactions.
-
"Supplier" means any individual, sole
proprietor, partnership, limited liability company, corporation,
or other legal entity that registers on the Platform for the
purpose of offering, listing, or selling products or services
through the Platform. Where a Supplier is an individual acting
on their own behalf rather than through an Authorized User, that
individual shall be deemed both the Supplier and the Authorized
User for purposes of these Terms, and all obligations applicable
to Authorized Users shall apply to such individual accordingly.
-
Supplier Representations and Compliance
You represent and warrant that (a) you have full power and
authority to enter into these Terms and to perform your
obligations hereunder, (b) your use of the Supplier Admin Center
will comply with all applicable federal, state, and local laws,
rules, and regulations, including all applicable tax, licensing,
and consumer protection requirements, (c) your use of the Supplier
Admin Center will not infringe upon or misappropriate the
intellectual property or other rights of any third party, and (d)
you will not use the Supplier Admin Center for any unlawful,
fraudulent, or unauthorized purpose. Petco reserves the right, in
its sole and absolute discretion, to verify any information you
provide and to refuse, suspend, or terminate your access to the
Platform and Supplier Admin Center at any time, with or without
cause and with or without notice, if Petco determines, in its sole
discretion, that you have breached any provision of these Terms or
that your continued participation poses a risk to Petco, its
users, or any third party.
-
Updating Supplier Information
You may access and update most Supplier Information at any time
through the Supplier Admin Center. You are responsible for
ensuring that all Supplier Information remains accurate and
current with Petco. Petco shall bear no responsibility for any
consequences arising from your failure to maintain accurate and
up-to-date Supplier Information.
-
Collection, Use and Disclosure of Information
-
Collection of Information. To facilitate
payment processing and settlement on the Platform, you agree to
provide certain information through the Supplier Admin Center
(collectively, “Supplier Information”).
-
Supplier Information that Petco and its authorized service
providers collect and process includes Authorized User name,
email, Supplier name and contact information, banking and
financial account information, and information about how you
use the Supplier Admin Center and the devices you use to
access it.
-
If you are an Authorized User submitting Supplier
Information on behalf of a Supplier, you represent and
warrant that you have obtained all necessary authorizations
from the Supplier to provide such information, and that
Supplier has consented to the collection, use, and
disclosure of such information as described in these Terms.
By submitting Supplier Information through the Supplier
Admin Center, you represent and warrant that all information
provided is true, accurate, and complete, and you expressly
authorize Petco and its designated service providers to
collect, store, and process such Supplier Information for
the purposes described in these Terms. You acknowledge and
agree that Petco shall have no liability for any payment
errors, delays, or failures resulting from inaccurate,
incomplete, or outdated Supplier Information provided by
you.
-
Use and Disclosures of Supplier Information.
Petco and its designated service providers will use Supplier
Information for purposes of processing and settling payments
owed to Suppliers in connection with transactions conducted
through the Platform and the Supplier Admin Center. Petco may
combine Supplier Information with other information it collects
in connection with Supplier’s use of and participation in the
Platform. Supplier Information will not be used for any purpose
unrelated to payment settlement or other than as set forth
herein, unless otherwise required by applicable law or as
reasonably necessary to protect the rights, property, or safety
of Petco, its users, or the public. Petco may disclose Supplier
Information as follows:
-
To its service providers who provide services in connection
with the Supplier Admin Center and payment processing.
-
To its fraud prevention partners, for fraud prevention,
detection, and investigation purposes and to maintain and
improve the security of the Platform and the Supplier Admin
Center.
-
To analytics providers, to understand how the Supplier Admin
Center is used and improve the payment-related services.
-
In connection with legal matters. Petco may share your
information when it believes that the disclosure is
reasonably necessary or appropriate under, or to comply
with, applicable laws, regulations, legal processes, or
legal requests. In such cases, Petco shares information that
is relevant to the legal matter.
-
To third parties in connection with a sale or business
transaction. Petco may sell or purchase assets during the
normal course of business. If another entity acquires Petco
or any of its assets, information that it has collected may
be transferred to such entity and its advisors leading up to
and/or following the transaction. In addition, if any
bankruptcy or reorganization proceeding is brought by or
against Petco, personal information that it holds may be
considered an asset and may be sold or transferred to third
parties.
-
To other third parties. Petco will disclose your personal
information to other parties at your direction or with your
consent. Petco may also disclose your personal information
to other parties if it believed it necessary or appropriate
either: (a) to protect its operations and those of any of
its affiliates; (b) to protect its rights, privacy, safety,
or property, and/or those of others; or (c) to allow it to
pursue available remedies or limit damages that it may
sustain.
In addition, notwithstanding anything to the contrary herein,
Petco may aggregate or de-identify Supplier Information such
that it no longer reasonably identifies or is linked to any
individual Supplier or Authorized User, and Petco may use and
share such aggregated or de-identified data for any lawful
business or commercial purpose, including analytics,
benchmarking, reporting, and product development, without
restriction or obligation to you.
-
California Residents Disclosures and Rights
-
California Rights. If you are a California
resident, you have the following rights under the California
Consumer Privacy Act, as amended (“CCPA”)
regarding your personal information (as defined in the CCPA),
subject to applicable exceptions:
-
The right to know what personal information Petco (and its
authorized service providers) collects, uses, and discloses
about you.
-
The right to request deletion of your personal information,
subject to certain exceptions.
- The right to correct inaccurate personal information.
-
The right to not be discriminated against for exercising any
of these rights.
Petco does not sell or share your personal information as those
terms are defined under the CCPA
-
Sensitive Information. Certain Supplier
Information, including banking and financial account
information, may constitute sensitive personal information under
the CCPA. Petco collects and uses such sensitive personal
information solely as necessary to process and settle payments
in connection with your participation in the Platform including
your use of the Supplier Admin Center to provide this
information. Petco does not use or disclose sensitive personal
information for any purpose other than providing the Supplier
Admin Center and the services described in these Terms, and no
inference may be drawn about you based on such information
beyond what is necessary for those purposes.
-
Exercising your California Rights. To exercise
any of the rights described above, you or an authorized agent
may submit a request through our
web form. If you are unable to submit your request using the
web form, you may email
privacy@petco.com. To
protect the confidentiality of your personal information and
that of others, Petco will only process your request when your
identity has been verified. If your request was submitted by an
authorized agent, where permitted or necessary to maintain
security, Petco may require written proof of the authorized
agent’s permission to submit the request on your behalf and may
confirm the request directly with you.
-
Disclosures of Information. Petco discloses
your personal information as set forth in Section 6 above.
-
Retention. Petco will retain Supplier
Information for as long as your account remains active and for
such additional period thereafter as is reasonably necessary to
fulfill the purposes for which it was collected, comply with
applicable legal, regulatory, tax, accounting, or reporting
obligations, resolve disputes, and enforce these Terms. Upon
expiration of the applicable retention period, Petco will delete
or de-identify Supplier Information in accordance with its
standard data management practices. You acknowledge that certain
Supplier Information may be retained beyond account deactivation
where required by applicable law or where necessary to complete
any pending transactions or obligations. Where Petco
de-identifies Supplier Information in accordance with applicable
law, or receives such information from a third party, Petco will
maintain and use the information in deidentified form and will
not attempt to reidentify the information unless permitted or
required by applicable law.
-
Shine the Light. Petco does not disclose
Supplier Information subject to California’s “Shine the Light”
law to third parties for their own direct marketing purposes.
-
Updates to this Section 7. Petco may
occasionally update this Section 7 to reflect changes in its
practices with respect to the collection, use, and disclosure of
personal information and/or changes in applicable law. The “Last
updated” date at the top of this page indicates when this
Section 7 was last revised. If Petco makes changes to such
practices, it will revise the date at the top of these Terms
and, in the case of material changes to this Section 7, may
provide you with additional notice (such as a notice posted on
the Platform or a message delivered to the email address that
Petco has on file for you), and seek your consent where required
by applicable privacy laws.
-
Information Security
Petco employs and maintains reasonable administrative, physical,
and technical measures designed to safeguard and protect Supplier
Information under its control from unauthorized access, use, and
disclosure. You agree to take reasonable measures to protect and
secure any credentials, login information, or access mechanisms
used to access the Supplier Admin Center, including any passwords,
multi-factor authentication credentials, or other security
mechanisms associated with your account. You are solely
responsible for maintaining the confidentiality of your passwords
and login credentials, and you agree not to share, transfer, or
disclose such credentials to any unauthorized third party. You are
solely responsible for all activity that occurs under your account
and for any unauthorized access to or use of your account
resulting from your failure to safeguard such information. You
agree to notify Petco immediately upon becoming aware of any
unauthorized use of your account or any other breach of security.
Petco shall not be liable for any loss, damage, or liability
arising from your failure to comply with the security
obligations set forth in this Section 8, and you agree to hold
Petco harmless from any claims or losses resulting from
unauthorized access to your account that is attributable to your
acts or omissions.
-
Assumption of Risk
You acknowledge and agree that your use of the Platform and the
Supplier Admin Center, including the submission of Supplier
Information, is at your sole risk. You assume full responsibility
for any and all risks associated with your participation in the
Platform and use of the Supplier Admin Center, including risks
related to payment processing, data transmission, and the use of
third-party service providers. Petco shall not be responsible for
any acts or omissions of third-party service providers engaged by
Petco in connection with the Supplier Admin Center, payment
processing or other services, and you waive any and all claims
against Petco arising from or related to the performance or
non-performance of such third-party service providers.
-
Disclaimer of Liability
PETCO PROVIDES THE PLATFORM, INCLUDING THE SUPPLIER ADMIN CENTER,
ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, PETCO DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH
RESPECT TO THE PLATFORM, THE SUPPLIER ADMIN CENTER, AND ANY
SERVICES PROVIDED THERETHROUGH. PETCO DOES NOT WARRANT THAT THE
PLATFORM OR THE SUPPLIER ADMIN CENTER WILL BE UNINTERRUPTED,
ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PETCO SHALL NOT BE LIABLE FOR ANY ERRORS,
INTERRUPTIONS, DELAYS, LOSS OF DATA, UNAUTHORIZED ACCESS, OR
FAILURES IN THE PLATFORM, THE SUPPLIER ADMIN CENTER, OR PAYMENT
PROCESSING.
-
Indemnification
To the maximum extent permitted by applicable law, you hereby
agree to defend, indemnify, and hold Petco and its respective
officers, directors, employees, agents, information providers,
licensors, licensees, and partners harmless from and against any
and all claims, losses, actions, demands, liabilities, damages,
costs, and settlements including, without limitation, reasonable
legal and accounting fees resulting from, or alleged to result
from, your use of the Supplier Admin Center, or your violation of
these Terms or any Additional Terms. You shall cooperate with
Petco in the defense of any such claim. Petco reserves the right,
at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you hereunder.
-
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PETCO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY
LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR
RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM AND THE
SUPPLIER ADMIN CENTER, REGARDLESS OF THE THEORY OF LIABILITY.
PETCO’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO
THESE TERMS OR YOUR USE OF PETCO SHALL NOT EXCEED THE TOTAL FEES
PAID TO YOU BY THE MARKETPLACE IN THE TWELVE (12) MONTHS PRECEDING
THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100),
WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SHALL APPLY
REGARDLESS OF WHETHER PETCO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR
OTHER REMEDY OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE
FEES AND OTHER TERMS OF THESE TERMS REFLECT THE ALLOCATION OF RISK
SET FORTH IN THIS SECTION AND THAT THE MARKETPLACE WOULD NOT ENTER
INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
-
Statute of Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR
USE OF THE SUPPLIER ADMIN CENTER MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. FAILURE TO BRING
SUCH CLAIM OR CAUSE OF ACTION WITHIN THE FOREGOING TIME PERIOD
SHALL RESULT IN SUCH CLAIM OR CAUSE OF ACTION BEING PERMANENTLY
BARRED. THIS LIMITATION SHALL APPLY REGARDLESS OF THE NATURE OF
THE CLAIM OR CAUSE OF ACTION AND WHETHER SOUNDING IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE.
-
Rights and Remedies
Petco reserves the right, in its sole discretion, to (a) modify,
suspend, or discontinue the Platform or the Supplier Admin Center,
in whole or in part, at any time and without prior notice or
liability, (b) withhold, offset, or recoup any amounts owed to you
if Petco reasonably believes that you have breached these Terms or
that such amounts are subject to dispute, chargeback, or
adjustment, (c) investigate any suspected violation of these Terms
and cooperate with law enforcement authorities in the prosecution
of any unlawful activity, and (d) take any other action Petco
deems reasonably necessary to protect its rights, property, or
interests or those of its users or third parties. No delay or
failure by Petco to exercise any right or remedy under these Terms
shall constitute a waiver of such right or remedy.
-
General Provisions
-
These Terms constitute the entire agreement between you and
Petco with respect to the Supplier Admin Center and supersede
all prior or contemporaneous communications, representations, or
agreements, whether oral or written, relating to the Supplier
Admin Center.
-
These Terms shall be governed by and construed in accordance
with the laws of the State of California, without regard to its
conflict of laws principles. Any dispute arising out of or
relating to these Terms shall be subject to the exclusive
jurisdiction of the state and federal courts located in San
Diego County, California, and you hereby consent to the personal
jurisdiction of such courts and waive any objection to venue
therein.
-
If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced to the fullest extent permitted by
law.
-
Petco’s failure to enforce any provision of these Terms shall
not constitute a waiver of its right to enforce such provision
or any other provision in the future.
-
Petco shall not be liable for any delay or failure to perform
any obligation under these Terms to the extent that such delay
or failure is caused by events beyond Petco’s reasonable
control, including acts of God, natural disasters, pandemics or
epidemics, war, terrorism, civil unrest, government actions or
orders, labor disputes, power or telecommunications failures,
cyberattacks, disruptions to internet or network infrastructure,
failures of third-party service providers or payment processors,
or any other event of similar nature or effect. During any such
event, Petco’s obligations under these Terms shall be suspended
to the extent affected, and the time for performance shall be
extended for a period equal to the duration of the event. Petco
shall use commercially reasonable efforts to resume performance
as soon as practicable following the cessation of the force
majeure event.
-
You may not assign or transfer these Terms or any rights or
obligations hereunder without the prior written consent of
Petco, and any attempted assignment without such consent shall
be null and void. Petco may freely assign these Terms without
restriction.
-
Contact Information
If you have any questions regarding these Terms, please contact
Petco using the information below. Petco is not responsible for
requests or correspondence lost or delayed in the mail or over the
Internet.
Petco Animal Supplies Stores, Inc.
Attn: Petco.com Terms of Use ‐ Legal Department
0850 Via Frontera
San Diego, CA 92127
Email: law@petco.com
Become a credit card member today!
