terms and conditions
Registered Office: Thatcher Stansford Close, Melbourn,
Herts
1. Definitions
"We" or "us" means Pet Hunters Ltd with
a trading name of Pethunters.co.uk of Thatcher Stansford Close, Melbourn,
Herts
"You" means a pet owner or helper joining the 'Forum' on
the 'web site' - www.pethunters .co.uk and/or if your pet is lost, partaking
of the faxing/emailing of your missing pets details, in the form of a
poster, to most of the vets, rescue centres, pet shops and dog wardens
witihin a 50 mile radius of your post code area.
"Service" means us
putting details of your lost pet (and a photograph) on our web site and
circulating by fax or email (in the form of a missing poster) the details
to vets, pet shops, rescue centres, dog wardens and indeed other owners/helpers
registered with us within your residential postcode area and adjoining
postcode areas up to a radius of 50 miles of your home address, hopefully
to assist in your pet's successful recovery.
"Registration Acceptance" means
our acknowledgement (by E mail) of you becoming a client and/or us accepting
the details of your lost pet to be posted onto site and/or doing the
Missing poster service as detailed above.
"Price" means - a
'fee' towards the cost of the service as set out on the website..
2. Application
These terms, together with our Privacy Policy and the Registration
Acceptance sets out the whole of our agreement relating to the Service which
we provide. Nothing said by any sales person or employee 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 the service
offered by us. Save for fraud or fraudulent misrepresentation we shall
have no liability for any such representation being untrue or misleading.
Variations
to this agreement may only be made with the consent of both parties in
writing.
3. The contract between us
You may register your details by completing the
form on our website and sending it to us by email or website transmission
or by downloading the completed form and sending it to us by post or facsimile.
You may also telephone your details to us on 0845 838 5423. We need to receive
payment for your pet to be registered on the site as missing and to complete our service.
OUR ACCEPTANCE of your registration brings into existence
a LEGALLY BINDING agreement between us. Please check the details on the
Registration Acceptance and notify us of any mistake in writing immediately.
In
our efforts to improve the services to our
customers
we reserve the right
to alter services without prior consultations.
4. Price and Payment
a. There is a charge for registering your pet on the
web site. £9.99
for a years membership. We would however require a £24.99 payment
if you are not a member for more than a month and you required the services
of Pethunters Ltd. This would automatically grant you one years membership.
Members who have registered and paid the fee of £9.99 then requiring
the services of Pethunters before the first month has expired must pay
an additional fee of £15.00 taking their membership fee up to the
non members fee of £24.99. Full details are set out on our website.Payment will be accepted via a NOCHEX account ,by credit card via NOCHEX or by postal cheque made payable to Pethunters Ltd.(Please allow time for bank clearance of cheque).
b. The "Guaranteed Reward Scheme" acts as, and is used as an
incentive to animal carers who might otherwise pass on a lost or found
animal through the chain and which may eventuallylead to its possible destruction. You the
owner must agree to pay the finder of your pet a minimum reward of £50.00
or an amount as stated on your registration.
5. Cancellation of the contract
By sending us your lost pets details and
making a payment you agree that we will commence performance of the Service.
Once performance of the Service has
begun you will not be able to cancel the agreement under Regulation 10
of the Consumer Protection (Distance Selling) Regulations 2000 unless we
agree otherwise in writing.
You must supply us with all reasonable courtesy,
information and co-operation to enable us to perform the Service. If you
do not do so we reserve the right to cancel the agreement between us and
will send you notice of cancellation. We will not be obliged to refund
any part of the payment made by you (for the mailing service).
6. Your
obligations as a customer
You are responsible for:-
(i) Checking that all of the details shown on
the Registration Acceptance are correct and notifying us
immediately if there are any mistakes;
(ii) Your telephone, electricity and postal charges in contacting us;
(iii) Making arrangements for the collection of the pet and the cost
of such arrangements.
7. Liability
Whilst we will make all reasonable efforts to assist you in
the recovery of your pet by the Service we provide we cannot guarantee
that this will result in the recovery of your pet.
Our liability in contract
or in tort for any direct loss or damage suffered as a result of our negligence
shall be limited to the cost of the membership fee.
We
shall not be liable at all for any indirect or consequential loss, damage
or expenses including but without limitation loss of anticipated profits,
damage to reputation or goodwill, loss of expected future business howsoever
arising.
Notwithstanding the foregoing nothing in these Terms and Conditions
is intended to limit any statutory rights you may have as a consumer
that may not be excluded nor in any way exclude or limit our liability
to you for any death or personal injury resulting from our negligence.
8.
Events beyond our control
We shall have no liability to you for any failure
or delay in performance of the Service that is caused by any event or circumstance
beyond our reasonable control including, without limitation, strikes, lock
outs and other industrial disputes, breakdown of system or network access,
flood, fire, explosion or accident.
9. Notices
Unless otherwise expressly stated in these Terms all notices
from you to us must be in writing and sent to our contact address at 24
Thatcher Stansford Close, Melbourn and all notices from us to you will
be displayed on our website from time to time.
10. Invalidity
If any part of these Terms is unenforceable (including any
provision in which we exclude our liability to you) the enforceability
of any other part of these Terms will not be affected.
We reserve the right
to cancel any contract were we feel a breach of the terms and conditions
has applied.
11. Client information and Privacy Policy
All personal information held by Pethunters is treated
as private and confidential and is used solely by Pethunters Ltd and affiliated
companies and will not be disclosed to other parties. Under the data protection
act 1988, customers have the right to see personal information that may
be held about them. A charge may be made for this service. If you wish
to exercise this right or have other related queries, please write to
us at Pethunters Ltd. Use of marketing purposes: We may use information
held about you, to provide you with future information regarding Pethunters
and it's affiliated companies. Removal of details from mailing lists
will be actioned upon receipt of a written request.
12. 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 Contracts (Rights of Third Party's 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.
13. Governing Law
The agreement 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.
14. Views
Any views expressed in message boards or by members represent the
opinions of the author, and do not represent the opinions of Pethunters
Ltd.
15. Copyright and Rights
All material related to Pethunters and it's affiliated
companies belongs to the afore- mentioned companies including: branding,
logo's, slogans, goods and services. This material cannot be used for any
other reason including copying, reproduction, modification, distribution,
transmission, republication and display.
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