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Terms of Service


Date Effective: June 2021


We aim to maintain a high level of service to our customers with relation to all of our products. Please read these terms of use ('Terms') in conjunction with our Privacy Policy.


Summary

In summary, the Terms address the following matters:

The trademarks on this website belong to us, our licensors, or our affiliates. Likewise, the materials and content on this website are our intellectual property, and belong to us. You cannot use or reproduce these without permission.

In limited circumstances you may use and reproduce some of the content on this website. These include for your personal use provided you acknowledge this website as your source.

To access certain information and functionality offered on this website, you must create an account. These Terms identify your obligations regarding that account.

If you create, modify, transmit, upload, or submit materials and information to this website, you permit us to use that material and information without restriction or compensation to you. You also make certain warranties in relation to those materials or that information.

We may offer goods or services for sale on this website. Your purchase of any products shall be governed by these Terms.

While we do our best to make sure that information available on this website is accurate and free from errors, we do not guarantee its accuracy.

There may be interruptions or delays on the website that we can't prevent.

Likewise, while we do our best to prevent the presence of viruses or malicious code on this website, we cannot guarantee this outcome.

You may create hyperlinks to this website, but must not create 'hotlinks' or 'deep-links' to this website without getting our prior permission. You will be responsible for all losses we may suffer as a result of any link you create to this website.

We are not responsible for any damages or loss arising from this website or from use of any material available through this website or for any access to or use of your information or data by unauthorized persons.

You consent to receiving emails from us, and you agree that emails satisfy any legal requirement for communications to be in writing.

We may change or remove this website, or these Terms, at any time.


 

General

This website (the “Site”) is owned and operated by FREE RASCALS T/A YES HAPPY PETS (“FREE RASCALS T/A YES HAPPY PETS” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from FREE RASCALS T/A YES HAPPY PETS. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.


We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.


Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are our property or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use.

You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.


Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are sixteen years of age or older.

In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.


You acknowledge that FREE RASCALS T/A YES HAPPY PETS has the right but not the obligation to use and display any postings or contributions of any kind and that FREE RASCALS T/A YES HAPPY PETS may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.


Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not FREE RASCALS T/A YES HAPPY PETS. Neither FREE RASCALS T/A YES HAPPY PETS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, FREE RASCALS T/A YES HAPPY PETS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized FREE RASCALS T/A YES HAPPY PETS representative while acting in his/her official capacity.

The information, products and services offered on or through the site and by Free Rascals t/a Yes Happy Pets and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You agree at all times to defend, indemnify and hold harmless FREE RASCALS T/A YES HAPPY PETS its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

 

Online Commerce

Products

We may offer goods or services ('Products') for sale on this website. Your purchase of each Product shall be governed by these Terms and any additional terms that we communicate to you at the time of purchase.

Subscription Products

Some Products may be purchased for a specified term, e.g., monthly or annually ('Subscription Products'), rather than relating to a one-off good or service. The subscription term varies depending on the Subscription Product that you order. You are entitled to receive the relevant Subscription Product only during the subscription term specified in your order.

Contract formation

This website and the information on it constitute an invitation to treat and not an offer to supply Products. When you order Products from us, this constitutes an offer from you to buy those Products in accordance with these Terms. Only when we have accepted your order through the website following our receipt of your payment for that order shall a contract be formed between you and us.

Order Process

You may order Products from us by completing the relevant form online and providing us with the details of your order. You must provide all required information (including your name and email address). We shall then accept or reject your order through our website following our receipt of your payment for that order.

Our discretion in rejecting or accepting orders

No order shall be deemed accepted by us until you have received an order confirmation from us. We reserve the right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.

Prices

The price payable by you for any Product ordered by you shall be the price quoted on this website at the time your order is submitted. We may vary any prices on this website at any time and without notice to you.

Currency

Except where specifically stated in relation to a particular good or services, the prices for the goods or services are stated and payable in United States dollars (USD).

Taxes and other charges

All prices on this website are exclusive of all import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order. We shall not be liable for any import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order.

Payment

We may charge fees or other amounts to access certain aspects of the Products available on this website. We have no obligation to supply Products unless and until we receive payment of all prices and fees. You are fully liable for all charges incurred under your account whether or not authorized by you. You must pay for your orders using the third-party payments service selected by us, such as PayPal or Clickbank.com. You agree to pay for your orders by authorizing our nominated third-party payment service to charge your credit card account for the total price of the goods or services ordered and the applicable delivery charges (if any). You agree to be bound by the terms of these third-party payment services.

Recurring payments

You agree to pay for any Subscription Products by recurring payment. We will automatically charge you the relevant charges on a recurring basis. If you elect to subscribe for a Subscription Product on a monthly basis, then we will automatically charge you the relevant charges for the subsequent month unless you cancel your subscription before the new monthly subscription term begins. If you elect to subscribe for a Subscription Product annually, we will automatically charge you the relevant charges for the subsequent year, unless you cancel your subscription before the new annual subscription terms begins. You accept responsibility for all recurring charges incurred prior to cancellation. You agree that we may make periodic charges relating to your subscription without further authorization from you.

Problems with payments

If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order.

Availability of Products, accuracy

All orders are subject to the availability of the Products we provide. If for any reason a Product is not available, we will endeavor to notify the non-availability on this website. We may revise the range of Products or the specification of any product at any time and without notice to you.

Although we have endeavored to ensure that the Products and pricing information provided on this website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

Cancellation of orders: Non-Subscription Products

You may cancel your order any time prior to our order confirmation. Because downloadable goods or services are available to you, and could be copied by you on delivery, you cannot cancel once we have confirmed your order. If you cancel an order in accordance with these Terms before confirmation, we will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.

Cancellation of orders: Subscription Products

You may cancel your subscription for any Subscription Product any time by giving us 48 hours' notice that you wish to cancel your subscription. If you cancel an order in accordance with these Terms, we will cancel future subscription instalment payments as soon as reasonably possible. Please note that if you give us notice of cancellation fewer than 48 hours before a pending subscription instalment payment is due to be charged, we cannot guarantee that that payment will be cancelled.

Incorrect Information

Where any Product is listed on this website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.

Ownership and risk

You agree that all Products made available to you through this website are for personal use and cannot be copied, distributed, resupplied, or otherwise deal with except as expressly permitted under these Terms or otherwise with our prior written consent in each instance. Any software made available through this website (through purchase or otherwise) is licensed not sold.

Availability of website

Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.

 

Third parties

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.


A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.

You agree that FREE RASCALS T/A YES HAPPY PETS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.

 

It is a condition of your use of the Site that you do not:

·      Restrict or inhibit any other user from using and enjoying the Site.

·      Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

·      Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

·      Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

·      Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

·      Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

·      Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

·      Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

·      Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

·      Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

·      Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

·      Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.


FREE RASCALS T/A YES HAPPY PETS may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. FREE RASCALS T/A YES HAPPY PETS or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers.


Information and content posted within these public forums may be provided by FREE RASCALS T/A YES HAPPY PETS staff, FREE RASCALS T/A YES HAPPY PETS's outside contributors, or by users not connected with FREE RASCALS T/A YES HAPPY PETS, some of whom may employ anonymous user names. FREE RASCALS T/A YES HAPPY PETS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of FREE RASCALS T/A YES HAPPY PETS or any of its subsidiaries or affiliates.


FREE RASCALS T/A YES HAPPY PETS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.


Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.


Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.


Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.


This site is continually under development and Free Rascals t/a Yes Happy Pets makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.


With regards to financial and/or animal health related content on the site:

Neither Free Rascals t/a Yes Happy Pets nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisers or veterinarians or veterinary staff and nothing contained on the site is intended to be or to be construed as financial or veterinary advice.

The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.


The information contained in any programs offered on or via this site (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, veterinary or related advice.

The end user of this information should therefore use the contents of these programs and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.


Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.


The information provided in any products on this site or via this site is sold and provided on an “as is” basis.  Free Rascals t/a Yes Happy Pets does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the product. (some states/countries/jurisdictions do not allow limited warranties, so this may not apply to you.) In particular, Free Rascals t/a Yes Happy Pets shall not be liable to users or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the product or services. These limitations may be affected by the laws of particular states and jurisdictions and as such may be applied in a different manner to a particular user.


Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by FREE RASCALS T/A YES HAPPY PETS infringe your copyright, you, or your agent may send to FREE RASCALS T/A YES HAPPY PETS a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon FREE RASCALS T/A YES HAPPY PETS actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to FREE RASCALS T/A YES HAPPY PETS a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. FREE RASCALS T/A YES HAPPY PETS's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]


This Agreement shall be binding upon and inure to the benefit of FREE RASCALS T/A YES HAPPY PETS and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of FREE RASCALS T/A YES HAPPY PETS. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by FREE RASCALS T/A YES HAPPY PETS to any affiliated entity or any of its wholly owned subsidiaries.


Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of South Africa and any dispute shall be subject to binding arbitration in George, Western Cape, South Africa. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.


Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a South African court.


Unsolicited ideas

If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. We (and our employees and agents) do not accept or consider unsolicited ideas, including artwork, demos, samples, and other ideas for new promotions, products, product names, processes, technologies, or materials ('unsolicited ideas'). You must not send unsolicited ideas to us. If you do send us unsolicited ideas, we do not warrant or represent that those unsolicited ideas will be treated as confidential or proprietary; and such unsolicited ideas will be treated and licensed as if they were 'user content' in accordance with these Terms.

Jurisdiction

This website is controlled from South Africa, South African laws apply, and South African courts have jurisdiction.