Terms and Conditions of Use – Posting Rules
These rules and our PRIVACY POLICY govern all activity on this site. In using this site, you agree to be bound by them.
1 Your registration obligations
1.1 In consideration of your use of our chat areas, you agree to:-
1.1.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
1.1.2 maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
1.2 Your user name will be used to identify you in on-line competitions and chat areas. Have fun with your user name by all means but vulgar or offensive names will constitute a breach of these rules.
1.3 If you are offended by another user's screen name, please e-mail us at mail@alert4.org.uk immediately. Similarly if you are unsure about whether a username you would like to use may breach these rules, email mail@alert4.org.uk for advice.
1.4 We are concerned about the safety and privacy of all our users, particularly children. Please remember that our chat areas are designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any use of the chat areas and our site is appropriate for a child.
1.5 We retain a discretion to require a change of user name.
2 Privacy policy
2.1 Details provided by you and certain other information about you is subject to our privacy policy.
3 On-line conduct
3.1 You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ('content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not Alert4 Limited, are entirely responsible for all content that you upload, post or e-mail via our chat areas and our site. We do not control the content posted via any chat area and therefore do not guarantee the accuracy, integrity or quality of the content.
3.2 Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. You also understand that by using our chat areas and our site, you may be exposed to content that is offensive, indecent or objectionable.
3.3 You agree that you will not use any chat area or any part of our site to:
3.3.1 upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3.3.2 harm minors in any way;
3.3.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
3.3.4 'stalk' or otherwise harass another;
3.3.5 collect or store personal data about other users;
3.3.6 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
3.3.7 upload, post or e-mail any content that infringes any intellectual property rights of any party;
3.3.8 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;
3.3.9 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
3.3.10 disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
3.3.11 directly or indirectly harm or degrade any animal in any way; or
3.3.12 violate any applicable national or international laws or regulations.
3.4 You acknowledge that we do not pre-screen content but that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.
4 Licence
4.1 You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or e-mail and/or to incorporate such content in other works in any form, media or technology now known or developed.
5 Indemnity
5.1 You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any content you upload, post or e-mail on or through our chat areas or our site, your use of the chat areas and our site, or your breach of the provisions of these rules.
6 Sanctions
6.1 As soon as we are made aware of activities that breach these rules, our terms and conditions or our privacy policy, prompt action will be taken. If you witness such breaches in the chat areas or anywhere else in our site, please notify mail@alert4.org.uk immediately.
6.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of Alert4 Limited or any of our affiliates, licensors or partners.
6.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
6.3.1 breaches we deem minor may result simply in receipt of a warning from us; or
6.3.2 breaches we deem serious may result in your automatic ban from our chat room and our site generally.
All incidents will be logged and our decision is final in all such cases.
6.4 Any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities, or to legal action being taken against you, or both.
6.5 In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.
7 Updates to Posting Rules
If we change our Posting Rules we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.
General disclaimer of liability for content on alert4pets.com
1.1 Alert4 Limited is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Alert4 Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Alert4 Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
1.2 Neither Alert4 Limited nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of income or profit, loss of or damage to property and claims of third parties.
1.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Alert4 Limited liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
2 Whilst every effort is made to ensure the smooth running of the website and that it is operational at all times, Alert4 Limited gives no warranty that this site will be operational or will be working to its maximum capacity at any given time.
3 Alert4 Limited has made reasonable efforts to ensure that this website is virus free, but gives no warranty that the site is virus free and accepts no liability for any loss or damage caused whilst using the site. Users who have any concern about internet security should consult a computer specialist directly.
4 Alert4 Limited takes the loss of any pet very seriously and has set up this service to help reunite owners with their lost pet. Alert4 Limited is not able to verify any claims that a pet has been found, and merely acts as a service to facilitate ‘found reports’ from the Finder to the Owner. As such, no liability is accepted in respect of any hoax messages, inaccurate reports or Finders seeking a reward. Users are referred to our Posting Rules and are encouraged to report any inappropriate use of the site by e-mailing mail@alert4.org.uk to ensure that the best possible quality of service is provided.
5 Alert4 Limited provides this website for personal non-commercial use only. You are permitted to download and temporarily store one or more pages for the sole purpose of viewing on a personal computer. The reproduction of the whole or part of this website, the permanent storage or retransmission of any of the website’s contents and any commercial use of the contents without prior written consent is prohibited.
6 For the avoidance of doubt, Alert4 Limited gives no warranty that any lost pet will be recovered using the site. Alert4 Limited’s aim is to provide a website which allows for both the sending of Lost Alerts, subject to subscription to this service and for Finders to contact Owners. We hope that by working together the site can help reunite Owners with their property. However, Alert4 Limited is unable to take responsibility for the outcome of any Lost Alert.
7 Any action or claim against Alert4 Limited arising out of the use by the claimant of this website must be brought within 1 year of the date on which the claim or action first accrued, otherwise it shall be deemed to have been waived.
Consumer Terms and Conditions
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2 Price
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website: delivery charges.
3 Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing by e-mail to mail@alert4pets.com
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact e-mail address at mail@alert4pets.com and all notices from us to you will be displayed on our website from to time.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
COMMERCIAL TERMS AND CONDITIONS OF SALE
Definitions
In these conditions, unless the context requires otherwise:
1.1 'Buyer' means the natural or legal person who buys or agrees to buy the goods from the Seller;
1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 'Delivery Date' means the date specified by the Seller when the goods are to be delivered;
1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller;
1.5 ‘Invoice Amount’ means the total value of any invoice raised under this contract, including the Price, carriage, packing, insurance and VAT;
1.5 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT;
1.6 'Seller' means Alert 4 Limited (Registered Company Number:06841494) of 14 Park Row, Nottingham, NG1 6GR; and
1.7 ‘Unit Price’ means the individual price of each item comprising the Goods.
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions, which the Seller shall be free to accept pursuant to these Conditions, which shall become binding on the Buyer on issue of the Seller’s acceptance and/or order confirmation.
2.3 In addition acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 The Price shall be the Seller's quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate from time to time in force pursuant to the provisions of the Late Payment of Commercial Debts (Interest) Act 1998, and the Seller shall be entitled to claim compensation for debt recovery costs as provided in the same Act.
The quantity and description of the Goods shall be as set out in the Seller's quotation and/or the Seller’s order confirmation.
5 Warranties and liability
5.1 The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller.
5.2 In this clause, “the Amount Received” shall mean, where part payment or part payments has/have been made of an Invoice Amount, the amount of such part payment or the total amount of such part payments.
5.3 Nothing in this clause excludes or restricts the Seller’s liability for fraud or for death or personal injury caused by its negligence in the course of its business.
5.4 Nothing in these terms and conditions shall affect the statutory rights of a consumer.
5.5.1 This sub-clause shall apply when:
a) any defects appear in the Goods, under proper use in accordance with the instructions supplied by the Seller with the Goods, within 12 months of the date of delivery to the Buyer in accordance with clause 6 below, and arise solely as a result of faulty design, materials or workmanship (“the Relevant Defect”); and
b) the Buyer returns all such defective parts or products to the Seller at the Buyer’s cost.
5.5.2 Where this sub-clause applies the Seller shall, in its absolute discretion, either:
a) make the Relevant Defect good by the supply of a replacement or repair, which shall be delivered at the Seller’s cost and otherwise in accordance with clause 6 below; or
b) refund or credit
i) the Price or, if less, the Amount Received if all of the Goods are deemed by the Seller to be defective; or
ii) the Unit Price of each defective item, or, if less, such proportion of the Amount Received as represents the proportion of the Goods which are found to be defective
and the Buyer’s reasonable costs of returning the defective parts or products to the Seller pursuant to Clause 5.2.1 (b) above.
5.5.3 For the avoidance of doubt the Seller does not give any warranty in respect of the length of time the self-adhesive tags will remain attached, which is dependent on usage and conditions, and adhesion is not a defect under these Conditions.
5.6.1 This sub-clause shall apply when the Buyer concludes this contract acting otherwise than as a consumer.
5.6.2 Except to the extent that liability may not be so restricted under any applicable laws, the Seller’s liability under clause 5.5 above shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Goods and save as provided in this clause the Seller shall not be under any duty, whether in contract, tort or otherwise.
5.7 Subject to the foregoing, the Seller’s total liability for direct loss or damage in contract, tort (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform this Contract shall be limited to the Price, or, if less, the Amount Received.
5.8 Subject to the foregoing, the Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential), or for any other costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this contract.
6 Delivery of the Goods
6.1 Delivery of the Goods shall be made to the Buyer's address on the Delivery Date although the Delivery Date shall not be of the essence of the contract.
6.2 The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer.
6.3 The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
7 Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8.1 The Goods shall become the property of the Buyer on payment by the Buyer to the Seller of the Invoice Amount with interest to the date of payment at the stipulated rate and any other money payable to the Seller under these Conditions. The Goods shall remain the property of the Seller until payment of all such money and the Buyer shall be a mere bailee of the goods.
8.2 Risk shall pass on delivery of the Goods.
9 Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods save as expressly provided in this Contract.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10 Proper law of contract
This contract is subject to the law of England and Wales and any disputes concerning its effect or application shall be referred to the Courts of England and Wales, to whose exclusive jurisdiction the Buyer and the Seller submit.
Agreement to supply services over the Internet and where the contract is concluded over the Internet.
The wording below sets out the terms and conditions on which Alert4 Limited (‘us’, ‘we’ or ‘our’ in these terms and conditions) provides certain internet-based services to persons concerning their lost pets. We provide these services via the Website. Our Services are intended for use by consumers, who are based in the United Kingdom. ‘You’ or ‘your’ shall mean the person, organisation or company who enters into a contract for the provision of Services, subject to these terms and conditions (‘Agreement’).
1 Interpretation
In these Terms and Conditions the following words and phrases shall have the following meanings:
- ‘the Banking Partner’
- our provider of secure online payment software from time to time, which is currently (Specify name of payment company used) This is Neteller plc who are the parent company of Netbanx;
- ‘the Initial Free Trial Period’
- the period of one month from the Start Date of the Special Alert Service, which shall be determined in accordance with clause 4.2;
- ‘Special Alert Service’
- the Special Alert Service, having the features and prices as described in the information pages on the web site;
- ‘Service or Services’
- whichever of the Tag Service or the Special Alert Service you have registered for;
- ‘the Start Date’
- the date upon which you receive confirmation of being successfully registered for the Service;
- ‘The Subscription Fee’
- the fee as set out from time to time on the Services page of the Website for the type of subscription you have requested for the Service;
- ‘Tag Service’
- The Tag Service, having the features as described on the information pages on the web site;
- ‘the Website’
- Each of the pages which constitutes the website www.alert4pets.com.
2 The provision of the Services
2.1 If you have chosen to register for the Tag Service then you will need to input the required information into the registration page of the ‘Activate’ section of the Website, including accepting the Posting Rules, Privacy Policy and General Disclaimer.
2.2 In addition, if you have chosen to register for the Special Alert Service for the Initial Free Trial Period, you will need to provide the further information requested in the Pets Details of the Website.
2.3 In addition, in order to subscribe for the Special Alert Service either:
2.3.1 At or after the end of the Initial Free Trial Period; or
2.3.2 Where no Initial Free Trial Period is available
you will need to:
(a) pay the Subscription Fee in
respect of the level of subscription you wish to purchase; and
(b) Provide such further information
as is requested in the Pet Details page of the
Website.
2.4 We shall not be obliged to provide you with access to the additional benefits of the Special Alert Service between the expiry of the Initial Free Trial Period and such date as full payment of the Subscription Fee reaches us, in cleared funds, from the Banking Partner.
2.5 Each time you use the Special Alert Service you will also have to:
2.5.1 provide details of the relevant circumstances concerning the lost pet in
order to complete the Lost Pet Alert screen/Lost Pet Poster on this Website (the ‘Description’);
2.5.2 comply with our requirements as to what information we require you to
provide to us (as well as, for example although not exhaustively, the length of
the Description you may submit, acceptable formats in which the Description can
be submitted, and the Posting Rules (see elsewhere in this document); and
2.5.3 submit the Description to us only in the specified way in order to receive
the Service.
These requirements are described in more detail in the Information pages on the
Website.
2.6 We will provide the Service subject to:
2.6.1 you having paid any relevant Subscription Fee;
2.6.2 (where relevant) the Description you have provided complying with the
requirements of clause 2.5 above;
2.6.3 the assistance only being provided through the Website as set out in the
Services section of the Website;
2.6.4 the limitations set out in clause 2.7 below (as well as the limitations and
exclusions set out elsewhere in this Agreement).
2.7 We will provide you with the Service as set out on the ‘Services’ page of the
website subject to
certain limitations, and at our sole discretion we may decide that:
2.7.1 the Description is too complex; or
2.7.2 the facts included in the Description are insufficient not detailed enough
or otherwise deficient; or
2.7.3 for some other reason you are in breach of our Privacy Policy and/or Posting Rules which shall apply in addition to these Terms; or
2.7.4 the frequency of your requests for assistance is beyond that which could
be reasonably expected in all the circumstances.
and consequently we may not provide the Services to you and in addition the
termination provisions of Clause 8 may apply.
2.8 You acknowledge and agree that in registering or subscribing for the Service:
2.8.1 you may not receive any assistance (for the reasons set out in clause 2.7
above);
2.8.2 any assistance will only be based on the information you have provided in the
Description;
2.8.3 the Service is only one type of assistance and is not a substitute for your own
responsibilities and other assistance that is available from others. You
should always consider your own responsibilities and whether you need assistance
from other sources in particular in situations where:
2.8.3.1 urgent advice and
assistance is required,
2.8.3.2 immediate action is
required on your own or someone else’s part; or
2.8.3.3 face to face assistance is required (for example where a statement needs to be taken by an person in
authority, such as a police officer or representative of the RSPCA); and
2.8.4 no guarantees can be given that any particular result or outcome can or will be achieved as a result
of your use of the Service.
2.9 If we decide not to provide the Service in accordance with this clause 2 we shall notify you of the reason for this within 5 working days and, where appropriate, shall ask you to take reasonable steps to remedy the reason why we have not provided the Service.
3 Referral Service
Subject to clause 2 above we will endeavour, as part of the Special Alert Service, to refer any Descriptions by e-mail to our registered clients and registered animal shelters in the same post-code area as specified in the Description, and, in relation to the Tag Service, to contact the registered owner of the relevant tag by e-mail.
4 Placing your order and acceptance
4.1 When you place your order for the Service it is an offer by you to enter into a legal contract with us, the terms of which shall be governed by this document together with the General Disclaimerand Posting Rules (elsewhere in this document) and Privacy Policy.
4.2 You and we will only enter into a binding contract when you receive notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification.
5 Payment
5.1 The prices for the Special Alert Service are located on the Services page of our website. The price you will pay will be that stated at the time you place your order.
5.2 Your order for one or more Services can only be made through the appropriate page on our website. We do not accept orders made by any other means.
5.3 On the expiry of the Initial Free Trial Period, the Special Alert Service must be paid for in advance, and can only be paid for with the use of a credit or debit card.
5.4 Where we have accepted an order from you and have received payment, if the payment is subsequently refused or rejected then we reserve the right to refuse to perform any further or unfulfilled part of the Service you have ordered.
5.5 All prices stated for the Services are inclusive of VAT at the rate in force at the time you place your order.
5.6 In respect of the Special Alert Service, once the Initial Free Trial Period expires you will have the option to subscribe, in return for payment of the relevant Subscription Fee annually or for the lifetime of the pet in respect of which the Special Alert Service is set up in accordance with the Services page of the Website. Where the subscription is to be paid annually, it shall be payable annually on the anniversary of the Start Date for the Special Alert Service in which case the order and payment conditions set out in 6.1 to 6.5 apply to such renewals. We will endeavour to contact you with the option to renew before the annual expiry date for the Special Alert Service.
6 Information on our website
Data and material (‘Web Information’) which is to be found on the Website to which you have access is subject to the Website’s General Disclaimer, Privacy Policy and Posting Rules. If you have any concerns that any content breaches the terms of these documents please contact Alert4 Limited by emailing mail@alert4pets.com
7 Other provisions
The Website’s General Disclaimer, Privacy Policy, Posting Rules and copyright notices (‘Other Provisions’) shall be incorporated into these terms and conditions and shall be equally binding on you when you enter into a contract with us.
8 Termination
8.1 We may terminate this Agreement where you are:
8.1.1 in substantial breach of the provisions of this Agreement; or
8.1.2 in breach of the Other Provisions.
8.2 Where this Agreement is terminated in accordance with clause 8.1 and you have paid for the Special Alert Service we shall not be under any obligation to refund any part of the Subscription Fee.
8.3 We may also terminate this Agreement where we decide to withdraw the Website (whether on a temporary or permanent basis).
8.4 Where this Agreement is terminated in accordance with clause 8.3 and you have paid for any Services, we will return any amounts you have paid for Services in the same proportion of the Subscription Fee as the unexpired term is to the annual term.
9 Exclusion of liability
9.1 Except in the case of fraud and death or personal injury caused by our negligence, our liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of either the amount you have paid for a Service or £25 whichever is the higher.
9.2 We shall not be liable to you in contract, tort, negligence, breach of statutory
duty or otherwise for any loss, damage, costs or expenses of any nature
whatsoever incurred or suffered by you:
9.2.1 of an indirect or consequential nature; nor
9.2.2 for any financial or economic loss or other loss of turnover, profits, business
or goodwill.
9.3 Nothing in this Agreement excludes liability for our fraud or for death or personal injury caused by our negligence in the course of our business, or for any other liability which cannot be excluded under applicable law.
9.4 Without prejudice to the generality of the foregoing provisions of this clause
9, and by way of illustration only, we shall not be liable for the following
losses or liabilities you may suffer or face caused by your reliance or use of
the Service (or by not relying on or not using our Service, or by your using or
relying it in a reasonable way):
9.4.1 your missing a deadline or
9.4.2 you (or someone on your behalf) suffering loss by reason of inaccuracy or
incompleteness of any information or data provided to you;
9.4.3 you suffering a business loss or being unable to undertake any business
activity;
9.4.4 a third party making a claim against you;
9.4.5 a government or regulatory authority imposing a fine, penalty or obligation on
you; or
9.4.6 a third party using the Services in bad faith and/or as a result of a
breach of the Posting Rules (elsewhere in this document).
10 Right to cancel
10.1 The Consumer Protection (Distance Selling) Regulations 2000 permits consumers to cancel a contract after it is has been entered into subject to certain limitations and requirements. Your right to cancel will depend on the type of Services you are purchasing from us, and are detailed in clause 10.2 below.
10.2 You will only have the right to cancel the Services within 7 working days where you do not request the Services to start at the time you place your order for the Services. If you request that we start providing the services at the time you place your order, then as soon as we send confirmation that we have accepted your order we will start to perform the Service.
10.3 If you have the right to cancel then:
10.3.1 you will need to send a notice in writing to us stating that you wish to cancel the contract
between us and you; and
10.3.2 you will need to send us the notice of cancellation within 7 working days, with the 7-day
period starting with the day after you receive our confirmation that there is a
binding contract between you and us;
10.3.3 you can send us the notice of cancellation by e-mail to
mail@alert4pets.com or by post to Alert4 Ltd., PO Box 100, LOWDHAM,
Nottingham. NG14 7UY marked for the attention of Subscriptions Secretary;
10.3.4 after we receive your notice of cancellation we will refund any money you have paid to us
within 30 days.
11 General
11.1 Contacting each other
If you wish to send us any notice or letter then it needs to be sent to
mail@alert4pets.com and should be
marked for the attention of a Director If we wish to send you a letter or notice
we will use the address you have given in your Registration Details
11.2 Reliance on these terms and conditions
We intend to rely on these terms and conditions as being the terms and
conditions of the contract between you and us. Any changes to the terms and
conditions that you wish to make should be put in writing but any changes will
require our written agreement.
11.3 Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed
by English law and shall be subject to the exclusive jurisdiction of the English
courts to which you and we submit.
11.4 Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and
notwithstanding any other provision of this Agreement this Agreement is not
intended to, and does not, give any person who is not a party to it any right to
enforce any of its provisions.