| 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 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' to help towards the cost of the web site and/or Missing poster faxing Service as set out on the the Website. 2. Application These Terms, together with our privacy policy and the Registration Acceptance set 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 but will expect to receive a donation if the optional automated Fax 'Missing Pet' Poster service is requested. 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 were not a member for more than a month and you required the services of pethunters Ltd. This would automatically grant you a 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 aditional fee of £15.00 taking their membership fee upto the non members fee of £24.99. Full details are set out on our Website. Donations will be accepted by credit card, cash or cheque (administered by Sec Pay Ltd). 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 eventually, 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 (the Poster faxing/mailing 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 donation 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 automated poster service charge. 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 to 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. Privacy You acknowledge and agree to be bound by the terms of our Privacy Policy 12. Client Information 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. 13. 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. 14. 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. 15. Views Any views expressed in message boards and members represent the opinions of the author, and do not represent the opinions of Pethunters Ltd. 16. Copyright and Rights All material related to Pethunters and it's affiliated companies belongs to the affore 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. |