Terms and Conditions
Welcome to Animal Agentz
1) Terms and conditions for use of Animal Agentz web site
2) Terms for Supply of Services if you buy the product
1) TERMS AND CONDITIONS OF USE FOR THE ANIMAL AGENTZ WEBSITE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
This website (“the Website”) is the website of Animal Agentz Ltd (“the COMPANY”).
By entering the Website, and/or any page accessible on this site you accept, without limitation or qualification, the terms and conditions set out below (“the Terms”) without modification. By accessing and using this website, you acknowledge that you are bound by the Terms.
If you do not wish to be bound by the Terms you should not access or use the Website.
The COMPANY may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
INTELLECTUAL PROPERTY RIGHTS
The Website, and all the information and graphic representations or images on it (“Content”) and all trade marks used in the Website, are owned by, or licensed to the COMPANY. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of the COMPANY or its licensors.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Without the COMPANY’s written consent, you may not use, transfer, copy or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
USING THE WEBSITE
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide the COMPANY with any optional information requested.
You agree not to:
impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
falsify the true ownership of software or other material or information contained in a file made available via the Website;
obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
NO UNLAWFUL OR PROHIBITED USE
You undertake to the COMPANY that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify the COMPANY, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
OUR USE OF YOUR PERSONAL DETAILS
You agree that you use the Website entirely at your own risk.
Animal Agentz is easy to use and does not require the supervision of a medically-qualified professional. However, it is important to note that, for its many and considerable benefits, Animal Agentz is not a replacement for anything. If your child has any medical issues, you should consult with your doctor.
In preparing this Website, the COMPANY has endeavoured to offer current, correct and clearly expressed information. However, the COMPANY cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
The COMPANY makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this website for any purpose. The COMPANY expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
This website may contain advertisements. The COMPANY is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
The COMPANY shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this website, the provision of or failure to provide services, or for any information obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, or otherwise, without limitation, even if the COMPANY has been advised of the possibility of damage.
Notwithstanding anything in these terms the COMPANY does not disclaim liability for death or injury caused by its own negligence.
The COMPANY reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
The COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, The COMPANY can not guarantee that the Website is virus-free and secure.
The COMPANY shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. The COMPANY does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
LINKS TO THIRD PARTY SITES
This website contains links to websites operated by parties other than the COMPANY (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. The COMPANY has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.
The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without the COMPANY’s written consent [which will only be given on the basis that any such link will be to the COMPANY homepage.]
The COMPANY may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond the reasonable control of the COMPANY preventing The COMPANY from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
The COMPANY considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
The COMPANY reserves the right to monitor and track your visits to the Website.
Unless otherwise specified, the Website is directed solely at those who access this site from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
A failure or delay by the COMPANY in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Until such time (if any) as you subscribe to COMPANY’S our services, these Terms constitute the entire agreement between you and the COMPANY as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
COPYRIGHT AND TRADE MARK NOTICES:
All contents of this website are: Copyright 2008 Animal Agentz Ltd. A.R.R.
2) TERMS FOR THE SUPPLY OF SERVICES
This page (together with the documents referred to on it) tells you the terms on which we supply any of the services (Services) listed on our website www.AnimalAgentz.com (our site) to you. Please read carefully and understand these terms before ordering any Services from our site. By ordering any of our Services, you agree to be bound by these terms.
Please click on the button marked "I Accept" at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to order any Services from our site. If you have difficulty in understanding any of these terms or have any other queries, please contact [our customer services team, [CustomerSupport@AnimalAgentz.com] who will be happy to assist.
You should print a copy of these terms for future reference.
1 INFORMATION which we are required to give you
1.1 [DOMAIN ADDRESS] AnimalAgentz.com is a site operated by Animal Agentz Ltd] (we). We are registered in England and Wales under company number 5166642 and with our registered office at 116 Duke Street
L15 JW Liverpool United Kingdom. E-mail address TandC@AnimalAgentz.com. Our main trading address is 116 Duke Street L15 JW Liverpool United Kingdom. Our VAT number is 910419848
1.2 A description of the main characteristics of the Services is contained on our site. Such a description will be [contained in the Order Confirmation mentioned in paragraph 4.1][contained with the Services when delivered to you].
1.3 The subscription for the Services and arrangements for payment are as described in paragraph 7.
1.4 The arrangements for delivery of the Services are as shown at [insert link to relevant page].
1.5 You have a right of cancellation as set out in paragraph 5.
1.6 The subscription gives you the right to access the Services for 12 months. If you wish to extend access, you can do so by paying a subscription for a further 12 months when we send you a renewal reminder.
1.7 Details of support/after sales services as shown at [Feedback page insert link to relevant page].
1.8 The technical means for concluding the contract to buy the Services are set out in paragraph 4. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.
1.9 The language of the contract will be English.
2 SALES to countries outside Uk
2.1 If you order Services from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2.2 Please also note that you must comply with all applicable laws and regulations of the country for which the services are destined. We will not be liable for any breach by you of any such laws.
3 YOUR STATUS
3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You are placing the order as a consumer, i.e. a natural person is acting outside his or her business.
3.2 If we discover that any of the above warranties are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.2 You agree that the terms and conditions for use of our site and piracy policies continue to apply and are incorporated into this Contract.
5 RIGHT of cancellation
5.1 As you are contracting as a consumer, you have a statutory right to cancel the Contract for any reason at any time within seven working day from the date of the Order Confirmation.
5.2 However, you agree that if we start to provide the Services before the end of the seven working day cancellation period, your right to cancel will end when we start to provide the Services.
5.3 If you exercise the cancellation right, you will receive a full refund of the subscription paid for the Services in accordance with our refunds policy (set out in paragraph 8 below). To cancel a Contract under your statutory rights, you must inform us in writing of your intention to cancel by hand delivery, post or fax to the place given in paragraph 1.1 or by email to TandC@AnimalAgentz.com.
5.4 Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
5.5 The cancellation right described in this paragraph 5 is in addition to any other right that you might have to reject the goods, for instance because they are faulty or misdescribed.
6 AVAILABILITY AND DELIVERY
You should be able to access the Services when you receive the Order Confirmation, but in any event you will be given access within 30 days of the date of your order, unless there are exceptional circumstances. If a Service (or substitute service) is unavailable so that we cannot make it available to you within 30 days of your order, we will contact you and either agree a later supply date or permit you to cancel the Contract, in which case we will refund all monies paid in accordance with our refunds policy (set out in paragraph 8 below).
7 SUBSCRIPTION AND PAYMENT
7.1 The subscription of any Services will be as quoted on our site at the time of your order, except in cases of obvious error.
7.2 These subscriptions include VAT, if any.
7.3 We are under no obligation to provide a Service to you at an incorrect (lower) subscription, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.4 Payment for all Services must be by Paypal or such credit or debit card or other means of payment as we may from time to time accept. We will not charge your Paypal account or credit or debit card until your service is ready for download.
8 OUR REFUNDS POLICY
9 When you decline to receive or cancel a Service (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 15 that you do not agree to any change in these terms or in any of our policies, or because you claim that the Service is defective), we will examine the reasons for cancellation and will notify you of your entitlement to a refund via e-mail within a reasonable period of time.
9.1 We will process any refund due to you within 30 days of the day we received your cancellation. We aim to make refunds using the same method as that used by you to pay for your purchase.
9.2 Refunds will be given on the following basis:
(a) where you have validly cancelled under your right of cancellation described in paragraph 5, we will refund the full amount paid by you for the Service;
(b) where you have returned a Service in circumstances other than paragraph (a) above (which includes rejecting a defective Service more than a reasonable time after first access), any refund will be at our discretion.
10 OUR LIABILITY
10.1 We warrant to you that we will provide the Services with reasonable care and skill and that they will conform with description set out at [Product page add link to relevant web page???] in all material respects. Animal Agentz is easy to use and does not require the supervision of a medically-qualified professional. However, it is important to note that, for its many and considerable benefits, Animal Agentz is not a replacement for anything. If your child has any medical issues, you should consult with your doctor.
10.2 If we breach these paragraphs we will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and us at the time of the Order Confirmation.
11 use of the services and intellectual property
11.1 The Services may only be used by and for the benefit of you and your spouse and your children and grandchildren. If you allow anyone else to use the Services, an additional fee will be payable.
11.2 As between you and us, all intellectual property in the Services and their contents (including text and graphics) which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.
11.3 You may not download, print off, copy or distribute any part of the Services (including any text or graphics), unless permitted to do so by us OR when we clearly state you can print off the said Artwork but this still remains our Intellectual Property.
12 WRITTEN COMMUNICATIONS and notices
12.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
12.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance the details in paragraph 1.1 above. Notices to you may be given to the email address or the [postal][invoice] address provided when you placed your order [or by posting it in the members area of our site].
13 TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract, provided that any such action does not affect the quality of the Services or the service which you would have received from us.
14 EVENTS OUTSIDE OUR CONTROL
Neither of us shall be liable to the other for any delay or nonâ€‘performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control. This paragraph does not affect your statutory rights or our obligation to perform the Contract within 30 days of order as set out in paragraph 6.
If either of us do not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms, or if either of us do not exercise any of the rights or remedies to which we are entitled under the Contract, we will be entitled to do so in the future.
16 OUR RIGHT TO VARY THESE TERMS
16.1 We have the right to revise and amend these terms from time to time by notice to you.
16.2 If any change materially and adversely affects you, you may cancel the Contract by notice to us, in which case you will be entitled to a refund less a proportion of the time that have been able to access the Services.
17 LAW AND JURISDICTION
Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
All contents of this website are: Copyright 2008 Animal Agentz Ltd. A.R.R.