1.1 These terms and conditions form a legal contract which sets out your rights and obligations and those of Pet Locator ("Pet Locator", "we" or "us") in relation to this site and the services offered by Pet Locator through this site (the "Service").
1.2 By registering for or using this site or the Service, you accept that you are entering into a contract with us on the terms of these terms and conditions.
1.3 Each time you use the Service or access this site you agree that you are bound by these terms and conditions.
1.4 We reserve the right to alter these terms and conditions from time to time in accordance with clause 15 below (Changes to this Agreement).
1.5 If you do not wish to be bound by these terms and conditions then you may not use or access this site.
2. Types of Service
2.2 You undertake that you will only register for the Service using accurate and current information about yourself or your business including name, address and any other requested details.
2.2 You must ensure that the information that you enter during the registration process is accurate and complete. What we will use this information for is set out at clause 3 below (Privacy and Use of Your Data).
3. Privacy and Use of Your Data
3.1 Subject to 3.2 and 3.3, the privacy principles we apply are that unless you indicate your consent to such use during the registration process we will not:
3.1.1 supply your personal data to any third parties; or
3.2 We reserve the right to communicate a Lister's personal information as we hold to third parties if required to do so by law or the requirements of any relevant regulatory or other authority.
3.3 If all of the assets which we use to operate this site and the Service (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party.
3.4 Any personal information submitted through this site is stored in a database which is held on and processed by computers situated in the United Kingdom.
3.5 We have security measures in place to protect our database and access to this database is restricted. However, it remains your responsibility:
3.5.1 to protect against unauthorised access to and/or use of your username and password;
3.5.2 to take precautions to ensure against the use by anyone else of the Service for which you have registered; and
3.5.3 to log off or exit from the Service and/or this site when not using it.
3.6 The nature of the internet means that any posting on the Service (including any which contains personal information) will be accessible to internet users around the world.
4. Listings on the Site
4.1 You agree and acknowledge that we are not and cannot be responsible for the postings of Members on this site.
4.2 We may pre-screen or monitor any of the material contributed by Members, however, we shall not be obliged to do so. If you see anything on this site which appears to infringe these terms and conditions or about which you have concerns, then please contact us to inform us of it by using the "Contact" button, or by writing to us (full contact details are set out at clause 19 below).
6. Continuation of the Service
5.1 We reserve the right to withdraw or modify all or parts of this site and/or the Service where we have legal or commercial reasons to do so.
5.2 You hereby accept that there may also be times when this site or the Service becomes inaccessible as a result of technical difficulties experienced by us, our suppliers or on the internet generally.
5.3 We will use reasonable endeavours to overcome these difficulties where they are within our control.
6. Misuse of the Service
6.1 We reserve the right in our absolute discretion (but shall not be obliged) to:
6.1.1 suspend or terminate any person's access to this site and/or the Service, or parts of them; and/or
6.1.2 edit, or require the submitter to edit, material posted to the Service,
particularly if: (i) the relevant Lister or Content (as defined below) appears to us to be in breach of any provision of these terms and conditions; or (ii) any complaint in respect of Content is received from other users of this site or the Service; or (iii) if we are of the opinion that the Content would bring us and/or the Service into disrepute.
6.2 Any person whose access has been suspended or terminated must not re-register for, or access, this site or the Service without our prior written consent.
7. Prohibitions and Indemnity
7.1 infringing the intellectual property or other rights of any person or entity;
7.1.1 breaching any applicable laws, whether criminal, tortious or otherwise; or
7.1.2 appearing to be offensive, threatening, obscene, pornographic, false, unreliable or deliberately misleading.
7.2 You hereby indemnify us against all damage, liabilities, claims and expenses that may arise from any breach of these terms and conditions by you or by a person using your username and password.
11. Disclaimer and Release
8.1 Your use of the Service and this site is entirely at your own risk.
8.2 We have no control over or responsibility for the truth or accuracy of any material available on this site or the Service, whether provided by Listers or others.
8.3 If any third party sites are linked to or from this site, this does not mean that we endorse or have any responsibility for the third party site in question or anything which appears on it.
8.4 Even though Listers and users of this site are prohibited from doing so, people may nonetheless provide Content, or otherwise behave in a way, which is unreliable, misleading, offensive or illegal.
8.5 Accordingly, to the extent that the law permits, you release Pet Locator, its officers, contractors and employees from all liability arising out of or in connection with this site and/or the Service and/or the Content provided upon them by Listers and other third parties.
9. Our Ownership of the Rights in this Site and the Service
9.1 You acknowledge that all copyright, design rights, trade marks, and other intellectual property rights arising in and relating to this site, the Service and all Content are owned by Pet Locator.
9.2 Therefore, any copying, distributing, showing in public or the creation of any derivative work of this site or the Service, or any of the material which is found thereon is expressly prohibited unless properly licensed by us.
9.3 By submitting any Content to the Service, you:
9.3.1 represent that you are fully entitled to do so;
9.3.2 grant us a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute, show in public and create derivative works from that Content in any form, anywhere in the world; and
9.3.3 authorise us to adapt the Content at our discretion and you waive your moral rights to object to any derogatory treatment or to be identified as the author of the material in question.
10. Limitation and Exclusion of Liability
10.1 Nothing in these terms and conditions shall operate to limit our liability for death or personal injury resulting from our negligence. Any statutory rights you may have as a consumer remain unaffected.
10.2 We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of goodwill, data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms and conditions or otherwise).
10.3 Without limiting the above, our liability under this contract (whether arising in tort or contract or otherwise) shall not under any circumstances exceed an amount equal to the Package price paid by you to us
11. Force Majeure
11.1 We shall not be liable for any failure or delay in our performance of this contract which is caused by any circumstances beyond our reasonable control including (without limitation) any disruptions caused by third party service providers, disruptions to the availability of the internet, acts of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or terrorist action ("Force Majeure Event").
11.2 Subject to clause 11.3, in the event of the occurrence of a Force Majeure Event our obligations under this contract will be suspended for the duration of the Force Majeure Event and thereafter we will use reasonable endeavours to restore the Service.
11.3 If and when the period of such incapacity exceeds 30 calendar days, this contract will automatically terminate and both parties will be released from their respective obligations.
We reserve the right to assign this contract, and to assign or subcontract any or all of our rights and obligations under this contract. You may not without our prior written consent assign or dispose of your rights or obligations under this contract.
13. Entire Agreement
These terms and conditions contain the whole of the agreement between us and you concerning the Service and they replace all earlier agreements and understandings with you, except in the case of any fraud or fraudulent representation by either of us.
14. Third Party Rights
A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of them.
15. Changes to this Agreement
18.1 We reserve the right (but shall not be obliged) to change these terms and conditions from time to time and to replace the old version with any new version or versions on this site.
18.2 Should we do so, we will notify you of the fact that there are changed terms on the main screen of this site and the new version of these terms and conditions will take effect from the point of notification on this site and will govern your relationship with us.
In the event that any provision contained within these terms and conditions shall be held to be invalid or unenforceable by any relevant judicial decree or decision, the remainder shall remain valid and enforceable.
17. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction over the subject matter of these terms and conditions.
18. Important Note!
As we will not keep a record of the terms and conditions agreed by individual Members, please ensure that you print off a hard copy of these terms and conditions from time to time by printing and/or saving a downloaded copy on your own computer.
19. Contact Details
19.1 You can contact us:
19.1.1 by post at Pet Locator, 16 Whitehouse Street, Bristol, BS3 4AY, United Kingdom;
19.1.2 by email at email@example.com
19.2 Please make sure you include your name and email address with all correspondence.
Pet Locator is a trading name of Team Partners Ltd:
Team Partners is a company registered in England and Wales with Company number 03772227 Vat Registration number GB 800 679731
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