LostYourPet.net

  • United Kingdom
  • United States
  • Canada
  • New Zealand
  • Australia

1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of lostyourpet.net ("lostyourpet.net", "we" or "us"), in relation to this site and the services offered by lostyourpet.net through it (the "lostyourpet.net Service"). By registering for the lostyourpet.net Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it.
Visitors to the lostyourpet.net Service who do not register to become a Member (see 2 below) but register under "Found a Pet" similarly affirm that they are bound by this Agreement each time they access the lostyourpet.net Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

2 People who register for the lostyourpet.net Service become "Members". They must be at least 16 years of age. This may change but you will be notified before any charges will be made.

We May at our discretion give out direct contact details to members that have a close match with a lost or found pet owner/finder.

As well as being able to browse the lostyourpet.net Service like any visitor to it, Members may:

- post their name and some other details in the search by town or description which appear on the lostyourpet.net Service;

- receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration and may be updated subsequently), sent by Members; and

- will receive emails from the site

- post to any message boards which may be available on the lostyourpet.net Service

We are not an internet service provider, however. In order to avail of the lostyourpet.net Service, you must have internet access and all the software (and skills) required for email and web usage.

3 If you decide to become a Member, and therefore pay our Membership fee (when applicable), you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Membership will last for twelve months. If you wish to continue with Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Membership.

4. Registration. You undertake to register for the lostyourpet.net Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to add yourself to the lostyourpet.net. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the lostyourpet.net Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

5 Privacy policy. lostyourpet.net's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the lostyourpet.net Service (including any which contain personal information) is, of course, accessible to internet users around the world.

6 lostyourpet.net's Role. You, whether you are a Member or just a non-Member who visits the lost your pet Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the lost your pet Service or outside of it. We only provide a venue where the lostyourpet.net Service may be accessed. In particular, you should be aware that lostyourpet.net does not pre-screen or monitor the material contributed by Members.

7 Additional services. lostyourpet.net or its affiliates may offer new or additional services through the lostyourpet.net Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the lostyourpet.net Service in an appropriate manner (as determined by lostyourpet.net in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

8 Operation of lostyourpet.net Services. lost your pet reserves the right to withdraw or modify one or more aspects of the lostyourpet.net Service where we have legal or technical reasons to do so (including technical difficulties experienced by lostyourpet.net or on the Internet). There may also be times when the lostyourpet.net Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the lostyourpet.net Service.

9 Misuse of lostyourpet.net Service. We reserve the right (a) to suspend or terminate any Member's access to the lostyourpet.net Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the lost your pet Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the lostyourpet.net Service without our prior consent. You are responsible for everything which is done on or through the lostyourpet.net Service while your Membership account is logged on to the lost your pet Service, or through your email address(es).

10 Relevance. The lostyourpet.net Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the lost your pet Service - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made; - place material on, or otherwise use, the lostyourpet.net Service for any business or commercial purpose; or

- use your access to the lostyourpet.net Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11 Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant lost your pet Service.

(ii) Fees paid by a Member will not be rebated or refunded by lostyourpet.net, unless the lostyourpet.net Service for which the Full Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.

We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

12 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the lostyourpet.net Service, nor any activity or communication you make in connection with any lostyourpet.net Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

13 Alerting lostyourpet.net. If you see anything on the lostyourpet.net Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us here. We do not generally monitor material contributed by Members before it is placed on the lost your pet Service, and so we are reliant upon users to point out any which infringes this Agreement.

14 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the lostyourpet.net Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the lostyourpet.net Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the lost your pet Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the lostyourpet.net Service.

15 Disclaimer and Release. lostyourpet.net has no control over or responsibility for the truth or accuracy of any material available on the lostyourpet.net Service, whether provided by Members or others.

- If any third party sites are linked to from the lostyourpet.net Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

- You should exercise no lesser degree of caution in appraising what you see on the lostyourpet.net Service than you do offline. - Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the lostyourpet.net Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release lost your pet its directors, contractors and employees from all liability arising out of or in connection with the lostyourpet.net Service and the material included here by Members and other third parties.

16 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the lostyourpet.net Service (including the material which is contributed by Members) are owned by lostyourpet.net. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the lostyourpet.net Service, or any of the material which is found on the lostyourpet.net Service unless properly licensed to do so by us.

By submitting any material to the content to the lostyourpet.net Service, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

17 Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). lostyourpet.net will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

18 Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of lostyourpet.net under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) 5, or (b) an amount equal to the sums paid by you to us by way of Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

19 Non-excluded Liabilities. Nothing in this Agreement limits lostyourpet.net's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

20 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the lostyourpet.net Service.

21 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of lost your pet assign or dispose of this Agreement.

22 Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the lostyourpet.net Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

23 Changes to this Agreement. lostyourpet.net reserves the right to change this Agreement from time to time, and post the new version on the lostyourpet.net Service. When we do so, we will notify you of the fact that there are changed terms on the main screen www.lostyourpet.net, and the new version of these terms and conditions will take effect, and will govern all lost your pet Services and your relationship with lostyourpet.net:

- commencing four weeks after the date of posting (or such later date as lostyourpet.net indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the lost your pet Service; or

- immediately upon the date of posting (or such later date as lostyourpet.net indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of lostyourpet.net's addresses or email addresses referred to in this Agreement.

24 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

25 Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

26 Contact. You can contact us by email info@lostyourpet.net. Please do not send cheques.