|
|
 |
.jpg&size=150)
| Terms and Conditions - Terms and Conditions | |
|
PetsPartnersAndPals.co.uk TERMS & CONDITIONS Welcome to PetsPartnersAndPals. 1. The terms and conditions set out below regulate your use of this website and set out the agreement between you as a user of the site and us as its owners and administrators. These terms and conditions also include details of how we use information we collect about you. Our aim is to ensure that using this website is an enjoyable experience and, we hope, a successful one for everyone. It is important that you read these terms and conditions before applying to become a user of the PetsPartnersAndPals website. It is also important that you ensure you fully understand these terms and conditions before accepting them. IF FOR ANY REASON YOU DO NOT UNDERSTAND THESE TERMS & CONDITIONS OR DO NOT ACCEPT THEM, DO NOT USE THIS WEBSITE. US 2. PetsPartnersAndPals is a trading name of Noodles the Dog, the partnership which owns and manages the website at URL www.PetsPartnersAndPals.co.uk (referred to throughout the rest of these terms and conditions as "we", "us", "our", "PP&P", "site" and "website") and other URLs. We can be contacted in writing at the address set out below (see Contact Us). YOU 3. When you join us you are asked to confirm both that you are aged 18 years or over (the minimum age to use this website) and that you agree to the terms and conditions (referred to throughout the remainder of this document as "T&Cs" or "agreement"). It follows that by accepting them you are representing that you are aged 18 or over and that you agree to be bound by this agreement for the duration of your membership of PP&P. Under 18s are not permitted to use this website. In this agreement you are referred to as "you", "your", "member(s)"or "user(s)". THIS AGREEMENT 4. These T&Cs set out the agreement between you and us. These T&Cs may be amended by us at any time and you are subject to the current T&Cs posted on the PP&P website from time to time. When such an amendment takes place the amended version will be posted on the website and accessible through the "Terms & Conditions" link and you accept this constitutes sufficient notice of alteration and use by you of the site subsequent to any such amendment constitutes acceptance by you of the same. The most recent amendment date is noted at the top of the T&Cs. 5. By accepting the T&Cs when you join PP@P you accept them in full and you also accept to follow and be bound by any "Guidance" sections located throughout the site. This guidance is intended to assist users of the site and to make the experience of using PP&P safe, relaxing and enjoyable. 6. Any user who does not accept this agreement and guidance in full at any time (including when any amendments are made to these T&Cs) should not apply for membership of PP&P and/or should stop using the site at once. We will not enter into negotiations concerning this agreement or any part of it. The agreement applies equally to all users. 7. This agreement comes into force between you and us at the moment you tick the box confirming your agreement to the same. 8. This agreement concludes when you notify PP&P in writing by post or email that you wish to terminate your membership, or because we bring membership to an end for breach or anticipated breach of this agreement or otherwise, or alternatively (for Free Members) after a period of three months without use by you, or (for Paid Members/Subscribers) after a period of three months without use by you following the expiry of your subscription period. 9. The decision as to what constitutes a breach of this agreement shall be at the absolute and sole discretion of PP&P. MEMBERSHIP 10. At PP&P we believe in providing real value to the users of the site. This means that many of the facilities available to users are totally free. Please see the sections entitled "Our Costs" and "FAQs" for further information. 11. There are two categories of membership to PP&P: 12. In this agreement "member" and "membership" means either a free or paid member and insofar as it is relevant the agreement applies to both. Your membership includes any pet(s) you choose to include in your profile. Members have an account ("My Account") which can be accessed from your member's page ("My Page") and which includes your personal details which are accessible only by you and not any third party or other user of the website. 13. We reserve the right to refuse or cancel membership at our absolute discretion. THE WEBSITE 14. PP&P is a website intended for users to communicate with and meet individuals either for friendship, romance or both. The website incorporates a number of facilities to assist with this, such as the ability to send notifications of interest and to communicate with other users by way of private internal email or open discussion forum. PP&P runs a Pet Photo Competition and we will add to the facilities available, or alter or remove them, from time to time. All members are subject to this agreement in respect of the use of every feature of the PP&P website including all facilities available on it. 15. PP&P will use its best endeavours to ensure the website remains operational at all times (uptime). You accept that there will be occasions when the website is not operational (downtime) either due to unforeseen circumstances involving technical difficulties with the website or its servers or otherwise, or due to planned, routine maintenance or systems upgrades or other improvements. PP&P will use all reasonable efforts to ensure downtime is kept to an absolute minimum 16. PP&P may modify the website at any time without notice which may include the addition or removal of any features or redesign of the website itself. PP&P may remove access to the website by any member at any time in its sole discretion and may close the website temporarily or permanently for routine maintenance or for any other reason. PAYMENTS & SUBSCRIPTIONS 17. The cost of joining PP&P as a paid member/subscriber or of renewing a subscription is advertised on the website. Subscription rates will alter from time to time and at certain times special offers will be made. This means that subscription costs will not always be the same. 18. Further details of the differences between paid membership and free membership can be found at various points throughout the site and on the "Our Costs" page. 19. Communicating with other members using the PP&P internal secure email and using the Discussion Board requires a paid membership/subscription. We may, at any time, change those services which are accessible only by subscribers and those which are accessible by all members. The services available to free and paid members from time to time will be posted on the website on the "Our Costs" page. 20. Subscriptions shall take effect only upon the receipt of cleared funds. 21. If any fraudulent or other irregular activity is brought to our attention regarding the payment of any subscription we shall bring any membership concerned to an end. 22. Members wishing to make a payment by cheque should send it to our business address (see Contact Us below). Cheques should be crossed and made payable to "Noodles the Dog Partnership". Your name and address should be written clearly on the reverse. 23. Online payments are currently taken through Google Checkout and Paypal. For further information on these services please refer to the Google and Paypal websites. 24. Except as otherwise stated in this agreement, PP&P do not give refunds of monies received for subscriptions. See the Refunds section below for further details. 25. PP&P does not repeat bill its subscribers. If you wish to extend or renew your subscription please do so through the website. We will endeavour to notify you by email when your membership is due to expire. The expiry period of a subscription is notified on your member's page ("My Page") in the "My Account" section. YOUR PROFILE 26. Your Profile is the page on the website which describes you and, should you wish, includes your photograph. This page includes the basic details about you like your name, County and Town. It goes on to allow you to enter a considerable amount of further information about yourself which you feel might be helpful to others seeking companions. If you are a pet owner PP&P also has a profile section especially for your pet. These profiles are intended to be enjoyable both to complete and to read when completed. 27. You agree that when you fill out and save and submit your and, should you so choose, your pet's profile, the details contained within the profiles will be placed on the website and will be available for others to search. You acknowledge and agree that this search facility is available to members and non-members (that is, the general public) alike. This means that any person can search the website and view these profiles and any photographs you have uploaded. In the event that you choose to remove your profile you can hide it from view using the hide feature in your member's page ("My Page") or alternatively it will be removed when either we or you bring your membership to a close. 28. You agree that we may reproduce your photograph, your pet's photograph, and any other publicly viewable content from your or your pet's profile for use on the website, for use in emails or for other publicity purposes. Your details will not be passed to third parties for marketing purposes except without your express authorisation. See the sections entitled "Intellectual Property" and "Privacy" below and our Privacy Policy for more information. 29. The content of your profile must be accurate, reliable and up-to-date. Your specific responsibilities are set out in the "Using the Website - Your Responsibilities" section below. 30. You agree not to provide personal information about yourself on your profile which could lead to members, or any other person viewing your profile, contacting you by any method whatsoever (other than through the internal email and Discussion Board provided for subscribers on the website itself or by any other method available on the website from time to time), including but not limited to email, sms text, telephone, post or other social networking site. Further detail in this regard is set out below in the "Using the Website - Your Responsibilities" section below. 31. You agree that the photographs of you and your pet and any information you enter or edit in your profile or your pet's profile is subject to approval or review by us and we shall notify you by email in the event that a photograph or any information is rejected by us. We aim to approve photographs and information within 24 hours on working days and within 36 hours of weekends and public holidays. This is not a contractual obligation on PP&P and we shall accept no liability for delay in such approval. Currently, information in the "Quick Stats" boxes on the Profile Entry/Edit page are not subject to approval and for this reason this part of your profile will appear very quickly on the website for public viewing once it is entered. USING THE WEBSITE - YOUR RESPONSIBILITIES 32. PetsPartnersAndPals is intended to be a pleasant, amusing and enjoyable environment for all our members and for anyone accessing the site. To ensure this we reserve the absolute right at our sole discretion to remove any part of a profile or to refuse or cancel the membership with immediate effect of anyone who we deem to be acting, or likely to act, outside the terms of this agreement. We reserve also the absolute right at our sole discretion to limit access or functionality of the site in whole or in part to any member who we deem to be in breach or anticipated breach of this agreement. YOU AGREE: 33. To behave honestly when using the website and to provide accurate and up-to-date information on your profile, or through our internal email or Discussion Board or otherwise, including but not limited to your age, marital status, photograph, gender and location. 34. To have no more than one membership of PP&P at any one time. 35. To provide your real name and usual postal address and email address during the registration process of PP&P and to keep these details up-to-date with us. Please NOTE that your surname, postal address and email address is used for administrative purposes only by us and is kept strictly private and will not be revealed by us to any member or any other person whatsoever outside PP&P. See our "Privacy Policy" and the section entitled "Privacy" below. 36. To maintain the confidentiality of your PP&P Password and Username and to ensure you log out of the site at the end of each session. Logging out is especially important when using a shared computer to prevent access by others. In the event of loss of your password or suspected unauthorised use of your account or any other security breach you agree to notify PP&P without delay and to log out and stop using the website facilities until reissued with new security details by us. You are solely responsible for the operation of your account when it is accessed and operated using your username and password. 37. Not to provide personal information about yourself on your profile or your pet's profile which could lead to any person viewing your profile contacting you by any method whatsoever (other than through the internal email and Discussion Board or any other method provided from time to time on the website for members), including but not limited to email, sms text, telephone, post or other social networking site. Examples of personal information which should not be included on your or your pet's profile include your home or business address, your telephone number(s), URLs, email addresses and usernames/passwords to other websites where your profile may lead to your identification. 38. Not to use the website in any way which discloses or could lead to the disclosure of private information or other personal data about any member of PP&P or any other person, including but not limited to their surname, home or business postal address, persons connected with them which may identify them, URLs, email addresses, telephone numbers or their profiles or entries in any other website or publication. 39. Not to solicit from any members personal data or other confidential information for publication by you or for use in any way which is contrary to this agreement. 40. YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU PROVIDE ON YOUR PROFILE AND FOR YOUR USE OF THE WEBSITE. You are solely responsible for the content of your profile and pet's profile and for any messages and other communications you make through the website. 41. Not to harass or otherwise conduct yourself in a manner which is likely to cause harassment to any other member. 42. Not to behave in such a way as could cause irritation or annoyance to other members. 43. Not to promote or encourage any illegal activity and not to provide information which may lead to the promotion, encouragement or execution of any illegal activity. 44. Not to promote or encourage the use or threat of violence, racism, harassment, sexual abuse, obscenity or other abusive behaviour towards members or other persons, groups of people, businesses or organisations. 45. Not to apply for membership or to cease membership if you fall into any of the following categories: you have any criminal conviction, caution, reprimand or their equivalent in the United Kingdom or in any other jurisdiction for any offence involving domestic violence, harassment, child cruelty, animal cruelty or mistreatment, or any sexual offences and you must not apply for membership if you have received any criminal penalty for the same or are or have been subject to any criminal order of a court or any offenders' registration requirement under legislation in the United Kingdom or elsewhere, or if you are or have been subject to any form of restraining order for harassment whether made in any criminal or civil court, or any other form of restraining order under criminal legislation in the United Kingdom or otherwise. If you have any doubt whether you fall into theses categories then contact us. See "Contact Us" below. 46. Not to use offensive, obscene or sexually explicit language (including names on your or your pet's profile) on the website or to display by photograph or otherwise any offensive, obscene or sexually explicit material on the website. 47. Not to display any photograph of any person under the age of 18 years. 48. Not to display any photograph of any person other than yourself even with their express agreement. Please note that we do not permit photographs on your profile of more than one person. You should check the "Photo Guidance" section on the website for further information. 49. Not to display any photograph of another person's pet (that is - animal, bird, reptile, fish or insect) without their express agreement. 50. Not to display any material on the website or to act in any way which is defamatory, false or misleading. 51. Not to display any material on the website or to act in any way which infringes or promotes the infringement of the intellectual property, contractual or other legal rights of any person, group of people or any business or other organisation or of any statute, statutory instrument or other law, national or international, including but not limited to trade mark, patent, copyright, data and consumer protection and any other proprietary or confidential information. 52. Not to use the website in any way whatsoever which is prejudicial or damaging to the commercial interests of PP&P. 53. Not to use the website for any commercial or business purpose except with the express authorisation of PP&P. This does not include placing a private advertisement on the Discussion Board provided that any such advertisement is within the terms of this agreement. 54. Not to use the website for gambling or similar purposes. 55. Not to use the website for the purpose of disseminating mass emails, circulars or chain letters, whatever their content, or for sending any spam or junk mail. 56. Not to send by email or by any means whatsoever to PP&P any computer virus of any kind, including but not limited to any computer code in any format designed or adapted to interfere with or damage the proper operation of computers generally or PP&P specifically or with the administration of the website or the enjoyment of members using the website and not to send any such code which is known by the sender to be capable of causing such interference or damage. 57. Not to display any material on the website or to act in any way which suggests endorsement by PP&P except with the express authorisation of PP&P. 58. Not to harass, threaten or be offensive to the partners or employees of PP&P or any agent acting on our behalf. 59. To contact us without delay if you become aware of a member acting in breach of this agreement. 60. To contact us promptly if you are experiencing difficulties in operating the website. Without such contact we cannot assist in putting matters right and failure to contact us promptly will also affect your rights to a refund. See "Refunds" below. SAFETY AND SECURITY 62. PP&P MAKES NO ENQUIRIES INTO THE BACKGROUND OF ANY MEMBER, INCLUDING WHETHER OR NOT THEY HAVE ANY CRIMINAL CONVICTIONS OF ANY KIND in the United Kingdom or elsewhere. PP&P does not verify any information provided on the website by any member. For these reasons, PP&P does not make any representations or warranties as to the accuracy of the content of individual members' profiles or as to any representations made by them during the course of any messages sent through the website by way of internal email or through the Discussion Board or through any other method used on the site from time to time. In addition, we make no representations or warranties that any member is free of criminal convictions or other criminal history in the United Kingdom or any other jurisdiction, or that any member is a fit and proper person, or is otherwise a person of good character. 63. It follows that USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. Any person you meet or communicate with as a result of using this website is at your own risk. If you wish to verify any aspect of a member's profile or otherwise, the obligation to do so is with you and not with PP&P. You agree that PP&P will not be liable for loss or damage of any kind (including but not limited to personal injury, mental distress and loss or damage to property) regardless of how it is caused, arising from your use of this website or from the conduct of any person you may meet or communicate with in any way as a direct or indirect result of such use, whether or not such person is a member of this website. 64. You agree that PP&P makes no warranties or representations as to the good behaviour or safety of any pet or other animal you may come into contact with as a result of your use of this website, whether such pet or animal belongs to a member or not, and you agree that PP&P will not be liable for loss or damage of any kind, regardless of how it is caused, arising from such contact. 65. You further agree that PP&P makes no warranties or representations that any member you meet through your use of the website is a fit and proper person to associate with animals in general or your pet in particular. For this reason PP&P does not accept liability for any loss or damage of any kind, regardless of how it is caused, to your animals or pets. MATERIAL AND INFORMATION ON THE WEBSITE 66. PP&P will endeavour to carry out a visual check only of members' profiles and amendments to profiles when they are submitted, as well as photographs of members and their pets (see "Your Profile" above). We will always do our best to ensure that offensive material (or any material which is in breach of this agreement) does not appear on the website and to remove it when we become aware of it. Our aim is to ensure your enjoyment of the website at all times, but we are under no obligation to monitor the website and in the event of such material appearing on the website, we accept no responsibility for any loss or damage caused as a result of such material appearing on the website, including but not limited to mental distress. 67. PP&P accepts no responsibility or liability for the accuracy of or representations or warranties made in any advertisements or other marketing material which may appear on the website from time to time. 68. PP&P accepts no responsibility or liability for any opinions, recommendations, advice or stated facts given by members on any part of the site. Any such opinions, recommendations or advice should not be considered by you to be endorsed by us. EXTERNAL WEB SITES 69. From time to time PP&P provides links to other websites. PP&P cannot be held responsible for the content of external internet sites or for any transactions for goods or services you enter into with them. LEGAL PROCEEDINGS 71. You agree that in the event of any legal action or claim due to or relating to your use of the website for any reason (including as to your conduct on or offline with a member or any person connected with such a member whether or not in breach of the terms of this agreement) to indemnify, defend and hold harmless PP&P, its employees and agents in full in relation to any such action or claim, including but not limited to all damages, losses, liabilities and costs arising and including all legal and associated costs incurred for time spent in defending the action or claim. You agree that PP&P may take over exclusive conduct of any such action and you shall give such assistance and time as is required to deal with any such action promptly and comprehensively. OTHER EXCLUSION OR LIMITATION OF LIABILITY 72. The principal purpose of PP&P is to enable people to make contact with one another with a view to finding companionship with new friends or romantic interests. With this in mind we wish every member success in achieving their goal with us. However, we cannot guarantee that you will find the relationship you are looking for either by way of friendship or romance and no representations or warranties are made by PP&P that relationship success will be achieved or as to compatibility between members or as to the fact or frequency of any communications to you by other members for dating and/or friendship purposes. For this reason we do not offer refunds to members who have not achieved their relationship goals and we make no warranty or representation that any specific result will be achieved. 73. PP&P will not, even upon prior notification of its likelihood or possibility, be liable for any loss or damage whatsoever (including but not limited to indirect and consequential losses and loss of profits) due to any technical or other difficulty experienced by any member in using the website, including for downtime due to routine maintenance or to other unforeseen circumstances, or for damage or corruption caused to any program, data or computer code due to use of the website. 74. Limitation or exclusion of liability set out in this agreement is to the extent only as permitted by law including as to consumer rights under the Unfair Contract Terms Act 1977 and nothing in this agreement shall exclude or limit or be taken as seeking to exclude or limit our liability for fraud or fraudulent misrepresentation by us or for death or personal injury due to our negligence. 75. You agree that in the event liability is established against or accepted by PP&P for rendering a performance, by reason of excessive downtime or otherwise, substantially different from that which was reasonably expected by a subscriber or for rendering no performance at all to a subscriber, then any damages payable shall be limited to the cost of the subscription paid by that subscriber. See Refunds below. REFUNDS 76. PP&P does not operate a repeat billing process. We will endeavour to remind you by email when your subscription is soon to expire to allow you to choose to renew your subscription or not. In addition, the expiry date of your subscription is notified on your member's page ("My Page") in the "My Account" section. Due to this, the choice to be become or continue as a subscriber is always with you. You will never become a renewed subscriber of PP&P due to your forgetfulness or busy lifestyle. The reason is we want PP&P to be full of people who want to be here, enjoy being here and intend to be here. 77. For this reason the subscribers that are here are always here by choice and, for this reason, we do not offer refunds to members who simply change their mind (other than as set out below) or who are fortunate enough to find a companion and no longer require our services. 78. Please note that suspending your profile does not stop time running so far as your subscription is concerned, so if you suspend your profile for two weeks during a month long subscription, the result will be that you have paid one month's subscription fee for two weeks' worth of profile publicity. 79. PP&P does not give refunds to members who have had access to any part of the website limited, suspended or terminated by us, due to their breach or anticipated breach of this agreement. 80. PP&P is not liable to refund the whole or part of any subscription due to any period when the website is non-operational (downtime) whether for reasons of routine maintenance, technical difficulties or due to other unforeseen circumstances or otherwise, other than in circumstances where the fault is ours and the amount of use of the website is substantially less than you could reasonably have expected or where you have had no service at all. Any difficulties you experience with the website must be notified to us promptly and in any event within 48 hours of experiencing the problem. 81. PP&P may in its discretion and upon prompt notification by the subscriber offer refunds to subscribers in the event of a problem occurring with the website which is not related to the subscriber's use of it and which has resulted in the subscriber being unable to access the website for any one period in excess of 48 hours. Any such refund shall be by way of a subscription extension to cover the number of days affected or such other refund as we consider appropriate. 82. Subscribers have the right to cancel their subscription and receive a full refund if they cancel their subscription within 7 working days (counting from the day after the subscription was taken out) of taking out the subscription and provided no use has been made of the services provided within the website (namely messaging other members, using the Discussion Board, or using other subscriber-only facilities as may appear on the website from time to time). Notice of cancellation must be given to us in writing by letter or email (see "Contact Us" below) and we will refund you within 30 days of this notice. INTELLECTUAL PROPERTY - COPYRIGHT, DESIGN, PATENTS & SIMILAR 83. The intellectual property rights of and associated with the website, including as to its content, layout, design, data and functionality are owned by PP&P or its licensors. You agree you will not do any of the following: download, copy, reproduce, upload, store, transmit, distribute by any means, alter, adapt, modify, create any derivative works from, incorporate into any other works, or otherwise interfere with the intellectual property rights of and associated with the website, except with the express, written authorisation of PP&P and its licensors. 84. You further agree that you will not act in such a way as to take unfair advantage of or interfere with the reputation and goodwill of PP&P and that you will not act in such a way as could cause commercial harm to PP&P, such harm being by way of customer dilution, market loss or otherwise. 85. When you publish or display any material by words, photographs or otherwise on your profile, your pet's profile, on the Discussion Board, or on any part of the website where such material is posted from time to time, you will automatically grant to us to us a fully-paid, non-exclusive, irrevocable, perpetual, worldwide licence to use, display, copy, distribute, edit, amend and disclose such material and to sub-licence the same to third parties, and to incorporate into other works and create derivative works of such material in whole or in part. By publishing or displaying material on the website you represent and warrant to us that you are entitled to grant such licence as referred to above and that such material is non-confidential and non-proprietary. In addition you waive any moral rights you may have in such material. 86. Any request for permission to use any content or images on the site should be made in writing by email or post using the contact details in the "Contact Us" section below. PRIVACY 87. PP&P is registered with the Information Commissioner under the Data Protection Act 1998 (registration number PZ1925450). We are the data controller of the data you submit to the website and we comply with all relevant principles and duties under the Data Protection Act. We are committed to protecting your personal information. 89. The information we keep about you is divided into four parts (and is collectively referred to as "your personal information"): (a) Your Public Information (that is, all the content you choose to include on your profile and your pet's profile, including photographs, and all information you choose to place on the members' Discussion Board or any other facilities available on the website from time to time which are viewable to members or other persons viewing the website); 90. Your personal information is stored by PP&P on our secure database. 91. You agree to the collection, storage and processing of your personal information by us or our trusted third parties (including service providers and providers of other technical services) insofar as is necessary for the proper functioning and administration of the website for the purposes for which it is intended. You agree that PP&P can gather such members' personal information as is necessary to assist us in providing the best possible service and functionality to our members. 92. Your Confidential and Private Information will not be passed on or sold to any third party for marketing purposes without your express permission and we will not send you any marketing material by any means specifically on or behalf of a third party organisation without your specific authorisation to do so. We will send you information concerning activities or events sponsored by PP&P which may necessarily involve references to third parties. 93. Your Confidential Information will be used by us in the event we need to contact you regarding any issue arising from your membership or for the effective administration, repair or security of the website, or for other good reason. You agree we can contact you using the email address, telephone number or postal address provided. You agree to inform us of any change in your personal information and to keep your contact details up-to-date. 94. You agree we can contact you by email at your personal email address with marketing information relating to PP&P, including any events we are appearing at and any new services and functions we have added to the website or intend to add. We recommend this to our members to keep them informed of improvements to the site and to take part in any activities we are sponsoring or organising. If you do not wish to receive such PP&P marketing information you should notify us by email at optout@petspartnersandpals.co.uk and we will refrain from sending you such material. 95. You agree we can contact you by the internal website email/messaging system with marketing information relating to PP&P, including any events and functions we are appearing at or sponsoring and any new services and functions we have added to the website or intend to add to it. 96. Contact between members using the website is by internal email/messaging and this service does not in any way utilise your Confidential Information and will not lead to the disclosure of your email address or any other Confidential Information. You are also under a duty not to disclose your or anyone else's personal information when using this website - see "Your Profile" and "Using the Website - Your Responsibilities" (above). 97. Your Private Information (that is, your messages to other members using the website's messaging service) will be respected as such by us, subject to the exceptions set out in this section below. 98. PP&P uses cookies. These are small files placed on your computer to allow us to track your use of the website. This allows us to follow the general use of the website and to improve it in time for the benefit of all members. Cookies are not spyware or viruses and do not allow us access to personal information stored inside your own computer. Anti-spyware products might detect our cookies and you can set your browser settings to reject them. Should you do so, the operation of the website on your computer could be affected detrimentally and any loss of functionality is your responsibility entirely. 99. PP&P will keep your information for as long as you are a member and in any event for a minimum period of twelve months following the end of your membership and for longer as may be required by law, or in the event of legal proceedings or for the prevention of crime. 100. Any billing information by credit or debit card within your personal information is not held by us on our servers because we use trusted third parties (Google Checkout & Paypal) to take payment on our behalf. Any billing information held by us for those paying by another method will be strictly confidential and will be held by us for the minimum period required by law. 101. You are entitled to a copy of your personal information held by us. We may charge a small fee to provide this to you. You are entitled to correct any errors in your information. To request your personal information copy, please write to us providing your full details (see "Contact Us" below). Please note we will verify your identity before providing personal information. 102. You agree that we can transfer your personal information to other countries or jurisdictions and you acknowledge that the levels of data protection in the same may be inferior to that provided in the United Kingdom. 103. PP&P takes your privacy very seriously and we endeavour to maintain full security in all areas relating to the use and passing of members' personal information. You accept that with the current state of technology it is not possible for us to guarantee total security for your personal information and we make no representations or warranties in this regard and do not accept responsibility or liability for any losses arising due to its compromise. PP&P will endeavour to assist members in the unlikely event of a security breach. DISCLOSURE OF MEMBERS' INFORMATION 104. In addition to disclosure of information as referred to above, we may disclose your personal information in any of the following circumstances: 105. We have the right to disclose members' personal information insofar as we are required to do so or consider reasonable to do so as a matter of law in relation to actual or contemplated civil or criminal proceedings, or for the prevention of crime, including but not limited to any proceedings relating to a third party claiming infringement of intellectual property rights due to any material displayed by you on the site or otherwise, due to any tortious claim against you or any criminal claim against you which results in a witness summons for information being issued against us, or in relation to any other proceedings against any party for any purpose. 106. We have the right to monitor communications by internal email/messaging on the website ("Your Private Information") insofar as we consider it necessary to do so to investigate any alleged or anticipated breach of this agreement by you or by any person with whom you are communicating or intend to communicate, or otherwise for the prevention of crime. In such circumstances you agree to waive your right to privacy. 107. We may share with trusted third parties for advertising or marketing purposes, or for administrative or research purposes, your Public and General Data Information, but only from which all specific identifying features have been removed. Such information allows us to collate information on, for example, the average age of members in a certain location or information on the search criteria of members of a particular gender, age or location. Such information could also allow us to analyse general usage of the website or certain features or facilities on it. This enables us to target features of the site to particular groups of members. This would not involve passing any information which could identify you and would not involve the disclosure of your Private or Confidential information. Your identity would remain anonymous at all times. 108. You agree that your Public Information will be available for others to search. You acknowledge and agree that this search facility is available to members and non-members (that is, the general public) alike. This means that any person can search the website and view your, and your pet's profile, and any photographs you have uploaded. You further agree that all members can view your Public Information on the facilities from time to time on the website for this purpose, including the Pet Competition, Discussion Board and Photo Gallery. 109. You agree that we may reproduce in whole or in part your Public Information for use in emails or for other publicity purposes by us. We do not sell or pass on your Public Information to third parties for marketing purposes by them unless you have expressly authorised us to do so. You accept that third party's may have access to your Public Information, including for reasons of marketing for and on behalf of PP&P. See also the "Intellectual Property" section above. MEMBERS' DISPUTES 110. Members are solely responsible for their conduct and interactions on site and the communications they make with other members. We will listen to concerns raised by any member as to any inappropriate conduct/breach of this agreement alleged against any other member and, in appropriate circumstances, we will take action if we consider the terms of this agreement have been broken or are likely to be broken. The final decision as to any dispute rests with PP&P including as to what action should be taken. We may monitor disputes between members but will do so at our discretion and without any obligation to do so. JURISDICTION 111. This agreement shall be governed by and construed in accordance with the laws of England and all parties to the agreement submit to the exclusive jurisdiction of the English Courts. OTHER PARTIES 112. This agreement does not create any third party rights under the Contracts (Rights of Third Parties) Act 1999. All such rights are excluded and no third parties shall have any right to enforce this agreement. |
|
