Terms of Use & Sale

Last Updated: October 6, 2026

Welcome to Dr. Ferg’s

These Terms of Use & Sale (“Terms”) govern your access to and use of DrFergs.com, our products, the Dr. Ferg’s Care Plan, and related services.

Dr. Ferg’s® is a registered trademark and brand of Global Pet Health Limited, a New Zealand company. Global Pet Health Limited operates the Dr. Ferg’s business and is the legal entity with which you are contracting when you purchase from or use Dr. Ferg’s (“Dr. Ferg’s,” “we,” “us,” or “our”).

Our products are sold primarily to customers in the United States, manufactured in Topeka, Kansas, and fulfilled from Chicago, Illinois.

Please read these Terms carefully. They contain important provisions affecting your legal rights, including limitations of liability and provisions governing how and where disputes may be resolved.

BY ACCESSING THE SITE, CREATING AN ACCOUNT, PLACING AN ORDER, ENROLLING IN A CARE PLAN, OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THESE TERMS.

If you do not agree to these Terms, please do not use the Site or purchase products from us.

Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified under applicable law.

1. Who May Use the Site

You must be at least 18 years old, or the age of legal majority where you live, to make purchases or enter into a Care Plan through the Site.

By using the Site, you represent that you have the legal capacity and authority to enter into these Terms.

Our products are intended for customers purchasing for personal use within the United States unless we expressly agree otherwise.

2. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, products, services, technology, or applicable law.

When we make changes, we will update the “Last Updated” date at the top of this page.

Where required by applicable law, we will provide additional notice of material changes.

Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.

Material changes affecting an existing Care Plan will be handled in accordance with the Care Plan provisions below and applicable automatic-renewal laws.

3. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information.

By using the Site, you acknowledge that you have reviewed our Privacy Policy.

4. Electronic Communications

When you visit the Site, place an order, contact us, use chat or customer support, or communicate with us electronically, you are communicating with us electronically.

You consent to receiving transactional communications from us electronically, including order confirmations, shipping notices, Care Plan communications, account notices, receipts, and other information relating to your relationship with Dr. Ferg’s.

You agree that electronic communications may satisfy legal requirements that communications or notices be provided in writing, to the extent permitted by law.

Marketing emails, text messages, and similar communications are subject to applicable law and any separate consent you provide. You may unsubscribe from marketing communications without affecting transactional communications necessary to administer your orders or Care Plan.

5. Accounts

You may be able to create a Dr. Ferg’s customer account.

You agree to provide accurate, current, and complete information and to keep that information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

Please contact us promptly if you believe your account or payment information has been accessed or used without authorization.

We may suspend, restrict, or terminate accounts where we reasonably believe there has been fraud, misuse, abuse, violation of these Terms, unauthorized resale, manipulation of promotions, or conduct harmful to Dr. Ferg’s, our customers, or others.

6. Purchasing Products

When you submit an order, you are offering to purchase the products identified in your order subject to these Terms.

Your receipt of an automated order confirmation does not necessarily mean that we have accepted your order.

We reserve the right, to the extent permitted by law, to reject, limit, or cancel an order before shipment, including where:

a product is unavailable;
payment cannot be authorized;
information provided with the order cannot be verified;
we reasonably suspect fraud, misuse, unauthorized resale, or abuse of a promotion;
there has been an obvious pricing, product, or technical error; or
accepting the order would violate applicable law.

If we cancel an order after payment has been collected, we will refund the applicable amount.

7. Prices, Payment & Taxes

Prices displayed on the Site are generally stated in U.S. dollars unless expressly stated otherwise.

You agree to pay the price displayed and accepted by you at checkout, together with applicable taxes and any clearly disclosed charges.

By providing a payment method, you represent that you are authorized to use that payment method and authorize us and our payment processors to charge it for purchases you make.

We may use third-party payment processors to process transactions.

We may correct genuine typographical, technical, or pricing errors. If we identify a material pricing error before an order has shipped, we may contact you for instructions or cancel and refund the affected order.

Nothing in this section permits us to engage in misleading or unlawful pricing practices.

8. Product Information

We work hard to make product information on the Site accurate and useful.

However, packaging, formulations, ingredients, appearance, dimensions, product images, specifications, and other details may occasionally change.

Colors and appearance may also vary depending on your screen or device.

Where there is a conflict between general Site content and the directions, warnings, or information provided on the physical product label, you should follow the current product label unless your veterinarian has advised otherwise.

We do not warrant that every piece of Site content will always be complete, current, or free from inadvertent errors.

If you receive a product that is materially different from what you ordered, please contact us. Our Returns Policy is designed to make resolving problems easy.

9. Products Are for Animals Only

Unless expressly stated otherwise, Dr. Ferg’s products are intended for use in dogs or other animals identified on the applicable product label.

THEY ARE NOT INTENDED FOR HUMAN CONSUMPTION.

Always follow the directions, dosage guidance, storage instructions, warnings, and other information provided with the product.

Keep products out of reach of children and animals for whom the product is not intended.

10. Veterinary & Health Information

Dr. Ferg’s is veterinarian-led, and veterinary expertise informs our products, educational content, and approach to pet health.

However, purchasing a Dr. Ferg’s product, using our Site, viewing our educational content, communicating with our customer service team, interacting with automated chat or artificial intelligence tools, or otherwise communicating with Dr. Ferg’s does not by itself establish a veterinarian-client-patient relationship.

Information provided through the Site, social media, email, chat, video, articles, product pages, customer support, or other Dr. Ferg’s content is provided for general educational and informational purposes unless we expressly state that a separate regulated veterinary service is being provided.

It is not a substitute for examination, diagnosis, treatment, or advice from a veterinarian who knows your animal.

We cannot diagnose your dog’s health condition through ordinary website customer service, email, social media, or general chat.

If your pet is sick, injured, deteriorating, experiencing an adverse reaction, or you believe there may be an emergency, contact your veterinarian or an appropriate emergency veterinary hospital promptly.

11. Individual Animals Respond Differently

Every animal is different.

Age, breed, genetics, underlying health conditions, diet, medications, activity, body condition, allergies, and many other factors can affect how an animal responds to a food, supplement, ingredient, or other product.

We therefore cannot guarantee that any particular animal will experience a particular result.

Testimonials, reviews, case examples, before-and-after stories, customer experiences, educational content, and statements describing potential benefits do not constitute a guarantee that your pet will experience the same result.

12. Your Responsibility When Using Products

You are responsible for determining whether a product is appropriate for your pet and for using it consistently with its label and instructions.

Where appropriate, you should consult your veterinarian before introducing a new supplement, particularly if your animal:

is pregnant or nursing; is very young or elderly; has a known medical condition; has known food or ingredient sensitivities; takes prescription medications or other supplements; is scheduled for surgery; or is under active veterinary treatment.

If your pet experiences an unexpected or concerning reaction, stop using the product where appropriate and seek veterinary advice.

To the fullest extent permitted by law, Dr. Ferg’s is not responsible for injury, loss, or damage caused by misuse of a product, use contrary to label directions, use in an animal for whom the product was not intended, improper storage, modification of a product, or failure to seek appropriate veterinary care.

Nothing in these Terms limits liability that cannot lawfully be limited.

Dr. Ferg’s Care Plan

13. What Is a Care Plan?

The Dr. Ferg’s Care Plan, which may also be referred to simply as a Care Plan, is our recurring automatic-delivery program.

It is designed to make consistency easy by automatically arranging future deliveries so you do not have to remember to reorder.

When you enroll in a Care Plan, you authorize us to automatically create recurring orders and charge your selected payment method according to the delivery frequency, products, quantities, pricing, and other terms disclosed to you when you enroll.

A CARE PLAN CONTINUES AUTOMATICALLY UNTIL YOU CANCEL IT.

14. Care Plan Consent

Before enrolling, you will be shown the material terms of your Care Plan, including the products included, recurring price or applicable pricing method, delivery frequency, and how to cancel.

By choosing to enroll and completing checkout, you expressly authorize Global Pet Health Limited and its payment providers to charge your selected payment method for recurring Care Plan orders until you cancel.

We may retain records of your consent as required by applicable law.

15. Recurring Charges

Your payment method will generally be charged when each recurring Care Plan order is processed.

Applicable taxes will be added where required.

If you change the products, quantity, delivery schedule, or other settings associated with your Care Plan, the amount of future charges may change accordingly.

If a product's recurring price changes independently of a change you personally make, we will provide any advance notice required by applicable law before charging the new price.

16. Care Plan Discounts

Care Plan products may be offered at a discount compared with our standard one-time purchase price.

The discount and pricing applicable when you enroll will be shown at checkout.

Promotional discounts applicable only to an initial Care Plan order do not necessarily apply to subsequent deliveries unless expressly stated.

We may change Care Plan pricing or benefits prospectively, but we will provide notice where required by law and will not prevent you from cancelling before an applicable change takes effect.

17. Care Plan Shipping

Care Plan deliveries currently include free standard shipping within eligible U.S. shipping areas.

We may modify shipping options in the future, subject to applicable law and any notice requirements.

Delivery estimates are estimates rather than guarantees.

18. Changing, Skipping, Pausing or Cancelling a Care Plan

We want Care Plans to be easy to manage.

Where available, you may be able to change products, adjust quantities, change the delivery schedule, skip an upcoming delivery, pause a Care Plan, or cancel through your online account.

You may cancel your Care Plan at any time.

For Care Plans entered into online, we will provide an online cancellation method as required by applicable law.

You may also contact our team for help.

Cancellation prevents future Care Plan orders once the cancellation has been processed. If an order has already entered fulfillment before your cancellation is received or processed, we may be unable to stop that shipment. Our Returns Policy may still apply.

There is no cancellation penalty unless a specific promotional offer clearly and lawfully provides otherwise before enrollment.

19. Care Plan Notices

We will provide Care Plan confirmations, acknowledgments, renewal reminders, price-change notices, promotional-expiration notices, cancellation information, or other subscription notices when required by applicable law.

You are responsible for keeping your email address and other account information current so that we can send these notices.

20. Failed Care Plan Payments

If we cannot process a Care Plan payment, we may attempt the payment again, ask you to update your payment information, delay the applicable shipment, or suspend or cancel the Care Plan.

We are not required to ship a recurring order for which payment has not been successfully processed.

21. Product Availability Within Care Plans

Products may occasionally become unavailable, be discontinued, or change.

If we cannot supply a Care Plan product, we may delay or cancel the affected shipment, contact you about available options, or otherwise manage the order in accordance with applicable law.

We will not intentionally substitute a materially different product and charge you for it without appropriate authorization.

Shipping, Returns & Promotions

22. Shipping

Our Shipping Policy forms part of these Terms and provides additional information regarding fulfillment, delivery estimates, tracking, and shipping.

Shipping and delivery dates are estimates unless expressly guaranteed in writing.

Events outside our reasonable control, including carrier interruptions, severe weather, natural disasters, labor disruptions, government actions, customs issues, supply-chain interruptions, and peak-season volume, may affect delivery.

23. Delivery Address

You are responsible for providing a complete and accurate delivery address.

Please contact us promptly if you notice an error.

Once an order has entered fulfillment or been transferred to a carrier, we may not be able to change or redirect it.

24. Risk of Loss

To the extent permitted by applicable law, risk of loss passes to you when the order is delivered to the delivery address or other location authorized by you.

If tracking indicates a delivery problem, package loss, or damage in transit, please contact us and we will work with you to investigate and resolve the issue.

25. Returns & Refunds

Our Returns and Refund Policy forms part of these Terms.

We currently offer a customer-friendly 90-day return policy and free eligible returns as described in that policy.

Where a return is required, we may provide a prepaid return label.

Refunds are generally issued to the original payment method after the return or refund has been processed. Financial institutions may require additional time before a refund appears in your account.

Nothing in our voluntary return policy limits any mandatory consumer remedy available under applicable law.

26. Promotions

From time to time, we may offer discounts, introductory Care Plan pricing, coupon codes, gifts, bundles, free shipping, referral offers, or other promotions.

Promotions may be subject to additional conditions disclosed with the offer.

Unless we state otherwise, promotions:

are available only during the stated promotional period; cannot be exchanged for cash; may not be combined with other offers; may be limited to one use per customer, household, account, payment method, or address; and may be withdrawn or refused where we reasonably determine that there has been fraud, manipulation, duplication of accounts, resale activity, or other abuse.

We may correct obvious promotional errors to the extent permitted by law.

Intellectual Property & Use of the Site

27. Dr. Ferg’s Intellectual Property

The Site and its contents contain valuable intellectual property owned by or licensed to Global Pet Health Limited.

This includes, without limitation, trademarks, trade names, logos, product names, packaging, artwork, illustrations, photographs, video, copy, graphics, designs, educational material, product formulations where protectable, software, layouts, and other creative material.

Dr. Ferg’s® is a registered trademark of Global Pet Health Limited.

Except as expressly permitted by us in writing, you may not copy, reproduce, distribute, sell, modify, republish, scrape, commercially exploit, imitate, create derivative works from, or otherwise use our intellectual property for commercial purposes.

All rights not expressly granted are reserved.

28. Limited Permission to Use the Site

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for your personal, lawful, non-commercial use.

This permission does not transfer ownership of any Site content or intellectual property to you.

We may withdraw this permission where you violate these Terms.

29. Prohibited Uses

You may not use the Site to commit fraud; impersonate another person; interfere with the Site or its security; introduce malware or malicious code; access systems without authorization; scrape or systematically extract Site content without permission; use bots to manipulate ordering, reviews, promotions, or inventory; copy our content to build a competing service; attempt to reverse engineer Site technology; infringe intellectual property rights; harass our staff or other users; place orders using stolen or unauthorized payment methods; manipulate promotions through duplicate identities or accounts; purchase products for unauthorized resale; or otherwise use the Site unlawfully.

We may investigate suspected violations and take reasonable steps to protect Dr. Ferg’s, our customers, our systems, and third parties.

30. Unauthorized Resale

Products sold through the Site are intended for personal use unless we expressly authorize otherwise in writing.

You may not purchase products from us for commercial resale, redistribution, export, dropshipping, marketplace sale, or other commercial exploitation without our written permission.

We may limit quantities, cancel orders, or suspend accounts where we reasonably believe products are being acquired for unauthorized resale.

Reviews, Photos & Other Content

31. User Content

You may have opportunities to provide reviews, comments, testimonials, photographs, videos, messages, social media content, or other materials (“User Content”).

You remain responsible for User Content you submit.

You represent that you own or have the necessary rights to submit it and that doing so does not violate another person’s rights.

You may not submit unlawful, fraudulent, defamatory, threatening, obscene, misleading, infringing, malicious, or otherwise inappropriate content.

32. License to User Content

When you intentionally submit User Content to Dr. Ferg’s for publication, promotion, review, social sharing, marketing, or other use, you grant Global Pet Health Limited a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to reproduce, display, distribute, adapt, publish, and otherwise use that User Content in connection with our business, products, Site, advertising, social media, and marketing.

This license continues for content already incorporated into marketing or business materials even if you later delete the original submission, to the extent permitted by law.

Where required, we will obtain additional permission for uses that require it.

You represent that you have authority to grant this license.

33. Reviews and Testimonials

Reviews and testimonials reflect the experiences and opinions of individual customers.

We do not guarantee that another animal will experience the same outcome.

We may moderate, decline, or remove content that violates these Terms, contains spam or irrelevant material, is fraudulent, infringes third-party rights, or is otherwise inappropriate.

We do not promise to publish every review submitted.

Third Parties & Technology

34. Third-Party Services

The Site may rely on third-party providers for ecommerce technology, subscriptions, payments, fulfillment, shipping, analytics, customer support, communications, advertising, and other services.

Those providers may have their own terms and privacy practices.

We are not responsible for independent third-party websites, platforms, or services that we do not control.

Links to third-party websites do not necessarily constitute endorsement.

35. Automated Tools & Artificial Intelligence

We may use automated systems or artificial intelligence to assist with customer service, product discovery, website navigation, educational information, or other functions.

Automated responses may occasionally be incomplete, incorrect, or misunderstood.

They should not be relied upon as veterinary diagnosis, emergency guidance, or individualized medical advice.

If you are uncertain about information provided by an automated system, contact our team or your veterinarian as appropriate.

36. Site Availability

We aim to keep the Site available and functioning properly, but we do not guarantee uninterrupted, error-free, or continuously available access.

We may modify, maintain, suspend, restrict, or discontinue all or part of the Site where reasonably necessary.

Disclaimer of Warranties

37. Important Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT, FUNCTIONALITY, INFORMATION, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

GLOBAL PET HEALTH LIMITED AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES REGARDING THE SITE THAT MAY LAWFULLY BE DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WE DO NOT GUARANTEE THAT ANY PARTICULAR PRODUCT WILL PRODUCE A PARTICULAR RESULT FOR A PARTICULAR ANIMAL.

THIS SECTION DOES NOT EXCLUDE OR LIMIT ANY WARRANTY, GUARANTEE, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Limitation of Liability

38. Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL PET HEALTH LIMITED AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, LICENSORS, FULFILLMENT PROVIDERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “DR. FERG’S PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR SIMILAR LOSS, ARISING OUT OF OR RELATED TO THE SITE, A PRODUCT, A CARE PLAN, THESE TERMS, OR YOUR RELATIONSHIP WITH DR. FERG’S.

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR COULD HAVE BEEN FORESEEN.

39. Maximum Aggregate Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE DR. FERG’S PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PARTICULAR PRODUCT, ORDER, CARE PLAN, USE OF THE SITE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) US $100; OR

(B) THE AMOUNT YOU ACTUALLY PAID TO DR. FERG’S DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR THE PRODUCT OR SERVICE DIRECTLY GIVING RISE TO THAT CLAIM.

The limitations in this section are an essential part of the allocation of risk between you and us.

40. Exceptions Required by Law

Nothing in these Terms excludes or limits liability to the extent that exclusion or limitation is prohibited by applicable law.

Depending on applicable law, this may include certain liabilities arising from fraud, intentional misconduct, gross negligence, personal injury, defective products, statutory consumer rights, or other liabilities that cannot legally be excluded or limited.

Where applicable law prevents a limitation in these Terms from applying exactly as written, that limitation will apply to the maximum extent legally permitted.

Indemnification

41. Your Responsibility for Certain Third-Party Claims

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Dr. Ferg’s Parties from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising from:

your unlawful or unauthorized use of the Site; your material violation of these Terms; User Content submitted by you; your infringement of another person's intellectual property or other rights; fraudulent activity conducted through your account; unauthorized commercial resale or redistribution of our products; or misuse, modification, improper storage, or administration of a product contrary to its instructions.

This indemnity does not require you to indemnify us for liability caused by our own conduct where applicable law prohibits such an indemnity.

Disputes & Legal Claims

42. Please Contact Us First

Most problems can and should be resolved without lawyers or litigation.

Before commencing formal legal proceedings against Global Pet Health Limited, you agree, to the fullest extent permitted by law, to first provide us with written notice describing the dispute in reasonable detail and give us 60 days to attempt to resolve it informally.

Your notice should include your name, contact information, relevant order number if applicable, the facts giving rise to the dispute, the legal or factual basis of your claim, and the remedy you are seeking.

Legal notices may be submitted through our Contact page with “Legal Notice” clearly identified in the subject or message.

Providing this notice and allowing the 60-day resolution period is intended to be a condition precedent to commencing formal proceedings, except where applicable law prohibits that requirement or urgent interim relief is reasonably necessary.

During that period, both parties agree to make a good-faith effort to resolve the dispute.

43. Governing Law

To the fullest extent permitted by applicable law, these Terms, all transactions with Dr. Ferg’s, and any dispute or claim arising from or relating to the Site, our products, a Care Plan, communications with us, or your relationship with Global Pet Health Limited are governed by the laws of New Zealand, without regard to conflict-of-laws principles.

The United Nations Convention on Contracts for the International Sale of Goods is excluded to the extent it might otherwise apply.

Nothing in this clause deprives a consumer of a mandatory protection that applicable law provides and does not permit the consumer to waive.

44. Exclusive Jurisdiction: New Zealand

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GLOBAL PET HEALTH LIMITED IRREVOCABLY AGREE THAT ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, A PRODUCT, A CARE PLAN, OR YOUR RELATIONSHIP WITH DR. FERG’S MUST BE BROUGHT EXCLUSIVELY IN THE COURTS OF NEW ZEALAND.

Where venue within New Zealand may validly be agreed in advance, the parties agree to submit to courts located in Auckland, New Zealand.

To the fullest extent permitted by law, each party:

consents to the personal jurisdiction of those courts; waives any objection to jurisdiction or venue in those courts; and waives any argument that such courts constitute an inconvenient forum.

YOU AGREE THAT YOU WILL NOT COMMENCE OR MAINTAIN SUCH A CLAIM AGAINST GLOBAL PET HEALTH LIMITED IN ANY OTHER COURT OR FORUM EXCEPT TO THE EXTENT THAT APPLICABLE LAW EXPRESSLY GIVES YOU A NON-WAIVABLE RIGHT TO DO SO.

A judgment properly obtained may be enforced in any jurisdiction in accordance with applicable law.

45. Individual Claims Only: Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GLOBAL PET HEALTH LIMITED AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

You agree not to bring, join, participate in, or seek relief through any purported:

class action; collective action; consolidated action; representative action; mass action; or private attorney general action,

against any Dr. Ferg’s Party, except where applicable law provides a right that cannot lawfully be waived.

No court or other tribunal may consolidate your claim with the claim of another person where this waiver is enforceable.

If this class-action waiver is held unenforceable with respect to a particular claim or remedy, it will be severed only to the minimum extent required, and the remaining portions of these Terms will continue to apply.

46. Jury Trial Waiver

If, notwithstanding the New Zealand jurisdiction provision above, a dispute between you and a Dr. Ferg’s Party is heard in a jurisdiction in which a civil jury trial would otherwise be available:

YOU AND GLOBAL PET HEALTH LIMITED, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY.

47. Time Limit for Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SITE, A PRODUCT, A CARE PLAN, THESE TERMS, OR YOUR RELATIONSHIP WITH DR. FERG’S MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM FIRST ACCRUED.

If applicable law does not permit that limitation period, the claim must be brought within the shortest limitation period that the parties are lawfully permitted to agree upon.

Claims commenced after the applicable contractual or statutory limitation period are barred.

48. Injunctive and Protective Relief

Nothing in the informal dispute process prevents either party from seeking temporary or urgent court relief where reasonably necessary to prevent immediate and irreparable harm, including misuse of intellectual property, fraud, unauthorized access to computer systems, or similar misconduct.

Termination & Enforcement

49. Suspension or Termination

We may suspend or terminate access to the Site or an account where we reasonably believe that you have violated these Terms, engaged in fraud or abuse, threatened our systems or personnel, infringed another person's rights, engaged in unauthorized resale, or otherwise used our services unlawfully.

Termination does not affect rights or obligations that arose before termination.

You remain responsible for amounts validly incurred before termination.

Cancellation of a Care Plan is governed by the Care Plan provisions above.

50. Survival

Provisions which by their nature should survive termination will survive, including provisions concerning intellectual property, User Content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, jurisdiction, and accrued payment obligations.

General Terms

51. Force Majeure

To the fullest extent permitted by law, we are not responsible for delay or failure caused by events beyond our reasonable control.

These may include natural disasters, severe weather, fire, flood, earthquake, epidemic or pandemic, war, terrorism, civil disorder, government action, labor disruption, cyberattack, communications failure, carrier disruption, transportation interruption, utility failure, material shortages, manufacturing interruption, or supply-chain disruption.

52. No Waiver

If we do not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.

A waiver is effective only if made expressly by the party granting it.

53. Severability

If a provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible or, where necessary, severed to the minimum extent required.

The remaining provisions will continue in full force and effect.

54. Assignment

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent.

We may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, transfer of a business or brand, or to an affiliate or successor, subject to applicable law.

55. No Third-Party Beneficiaries

Except for the Dr. Ferg’s Parties expressly protected by provisions of these Terms, these Terms do not create rights in any person who is not a party to them.

56. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns and Refund Policy, Care Plan terms presented during enrollment, and any other terms expressly incorporated by reference constitute the agreement between you and Global Pet Health Limited regarding your use of the Site and purchases from Dr. Ferg’s.

If specific terms presented with a promotion, product, or Care Plan conflict with these general Terms, the more specific terms will control with respect to that particular subject matter to the extent permitted by law.

57. Interpretation

Headings are included for convenience and do not limit the meaning of these Terms.

Words such as “including” and “includes” mean “including without limitation.”

References to writing include legally valid electronic communications where permitted by law.

These Terms will not be interpreted against either party merely because that party drafted or proposed them.

58. Consumer Rights

We believe good terms should protect a business without pretending that mandatory consumer laws do not exist.

Accordingly, nothing in these Terms is intended to exclude, restrict, or modify any guarantee, warranty, right, remedy, protection, or liability that cannot lawfully be excluded, restricted, or modified.

Where a provision of these Terms conflicts with a mandatory law applicable to you, that law will control only to the extent of the conflict, and the remainder of these Terms will continue to apply.

Contact Us

59. Questions About These Terms

Dr. Ferg’s is operated by:

Global Pet Health Limited