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MyPetFriends
Terms of Service
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Terms and Conditions of Use (Including Privacy Policy) for Users and Members
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[Click on a heading to go directly to that section]
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1 INTRODUCTION
2 USER AGREEMENT
3 DEFINITIONS
4 CONTRACT BASIS – USERS & MEMBERS
5 USE OF THE SERVICE
6 ELIGIBILITY FOR MEMBERSHIP
7 MEMBER'S ADDITIONAL OBLIGATIONS
8 MEMBER PROFILE
9 CANCELLATION OF MEMBERSHIP
10 BASIC LISTINGS, ENHANCED LISTINGS AND OTHER ADVERTISING
11 CONTRIBUTIONS, ACTIVITIES, FEEDBACK AND LISTINGS
12 PRICE AND PAYMENT
13 PRIVACY POLICY
14 INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
15 LIMITATIONS ON LIABILITY
16 INDEMNITY
17 GOVERNING LAW
18 GENERAL
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1 INTRODUCTION
1.1 When you browse the MyPetFriends.co.uk site, or agree to become a Member you agree, as a User, to all of the terms and conditions of this Agreement.
1.2 Please read the following terms and conditions carefully, as they form the agreement between us.
1.3 We may amend this Agreement at any time. You are therefore advised to check it each time you visit the site to ensure that you still accept the conditions and are therefore still authorised to use the site. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. Please note that different notice provisions apply to our Fees Policy.
1.4 This User Agreement is effective on 01 October 2006 for new registering users and is otherwise effective on 01 October 2006 for all users registered.
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2 USER AGREEMENT
2.1 This Agreement constitutes your agreement with My Pet Friends Limited (registered in England and Wales with company number 5893022) whose registered office is located at 24 Barbel Drive, Wednesfield, WOLVERHAMPTON, WV10 0TQ, with respect to your use of this website (the "Website") and the services available through it (the "Services").
2.2 Once you have registered on this website you will be deemed to have read and accepted the terms set out and to have given your consent for personal data submitted by you to be processed by us for the purposes set out in our Privacy Policy in section 13 below.
2.3 You must not use this website or our services if you do not accept this, our Terms and Conditions.
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3 DEFINITIONS
3.1 In addition to the terms mentioned already, the following words have the following meanings unless the context requires otherwise:
3.1.1 "Agreement" means the agreement between the User and MyPetFriends incorporating these Terms and Conditions for the provision of the Service;
3.1.2 ”Applicant” a person applying for registration as a member
3.1.3 "Intellectual Property Rights" means all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trade marks and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
3.1.4 "MyPetFriends" means MyPetFriends Limited, 24 Barbel Drive, Wednesfield, Wolverhampton. WV10 0TQ; and includes the trading style “MyPetFriends.co.uk” or any successor or assign of My Pet Friends Limited.
3.1.5 "Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
3.1.6 "we" and "us" means My Pet Friends Limited and includes the trading style “MyPetFriends.co.uk” or any successor or assign of My Pet Friends Limited.
3.1.7 "Member" and “Registered User” means any person who has applied to become a Registered User and whose Membership has been accepted by MyPetFriends and whose Membership remains valid for the time being;
3.1.8 ”Membership” and “Registration” the entitlement to full access to Services by virtue of being a Member or Registered User;
3.1.9 "Posting" means displaying, exhibiting, publishing, distributing, transmitting or disclosing information, details or other material on the Service, and the phrases “Post” and “Posted” shall be constructed accordingly;
3.1.10 "Profile" means the section of the containing details, photographs and/or information about the User, and his or her Pet, composed and Posted by the User;
3.1.11 "Service" means the service provided by MyPetFriends to the User including, but not limited to, MyPetFriends allowing the User to browse the Web Site, to contact and/or to be contacted by other Members through the Web Site and/or to Post information on the Web Site;
3.1.12 ”Terms and Conditions” the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by MyPetFriends at its full discretion at any time and published accordingly on the Web Site.
3.1.13 "User" means any person who browses the Web Site, be they an Applicant, Member or neither of these.
3.1.14 "Web Site" means the web site at URL www.MyPetFriends.co.uk (or any such other URL that My Pet Friends Limited may use to provide the Service from at their discretion);
3.2 Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
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4 CONTRACT BASIS – USERS & MEMBERS
4.1 This is a legally binding agreement between the User and MyPetFriends for the provision of the Service.
4.2 MyPetFriends reserves the right to monitor and at its sole discretion to remove for any reason any information, photographs or any other material Posted by the User or Members.
4.3 MyPetFriends shall have the right to refuse to register applications for Membership and to terminate Memberships at any time.
4.4 The Agreement between the Applicant and MyPetFriends shall come into effect on the acceptance by MyPetFriends of the application of the User for Membership.
4.5 No application for Membership shall be deemed to be accepted by MyPetFriends until the User has received confirmation of the Membership validation from MyPetFriends by e-mail and the Applicant has validated their account by clicking on the relevant link.
4.6 Full registered Members will be able to contact other Members or read and reply to other Members' messages on the Message Board and Forum.
4.7 MyPetFriends reserves the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
4.8 Members and other Users agree not to use the Site for forwarding junk mail, solicitations or bulk mailings. You further agree not to use the Site for any message that is unlawful, threatening, tortuous, defamatory, harassing, abusive, obscene, profane, libelous, ethnically or sexually objectionable, harmful to minors, or in violation of state or federal criminal or civil law. You agree not to impersonate any other person or entity, including any owner or employee of My Pet Friends Limited.
4.9 Users may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use MyPetFriends content in any way except for their own personal, non-commercial use. Users also agree not to adapt, alter or create a derivative work from any MyPetFriends content except for their own personal, non-commercial use. Any other use of MyPetFriends content requires the prior written permission of My Pet Friends Limited.
4.10 Users agree to use MyPetFriends only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of MyPetFriends. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within MyPetFriends.
4.11 Users convicted of any offence relating to Animal Welfare Act 2006 (including any related or other animal cruelty, breeding, sales, performing or boarding acts) or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or are under subject to any injunction or any order to pay damages under a Animal Welfare Act 2006 (including any related or other animal cruelty, breeding, sales, performing or boarding act) or Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act), may not use this site and must desist from using the Services.
4.12 Third-Party Services:
4.12.1 We allow access to (via our Listings) or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services.
4.12.2 Users understand that we do not operate or control the products or services offered by Merchants.
4.12.3 Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between Users and Merchants.
4.12.4 Users agree that the use of such Merchants is at their sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between users and merchants or for any information appearing on merchant sites or any other site linked to our site.
4.12.5 All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
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5 USE OF THE SERVICE
5.1 MyPetFriends is a pet business listing directory, an online Pet Magazine and a Social Networking site for Members.
5.2 The Member should be aware that information Posted by other Members on their profiles respective are only a description of how they describe themselves. The User should not assume that the information contained in any Profile is necessarily correct and accurate.
5.3 MyPetFriends does not have an opportunity to check that the Profiles of the Members or Other Users are correct and not misleading. MyPetFriends does not make any representation or warranty that the information contained in any Profile is accurate and is not under any obligation to verify any information contained in any Profile.
5.4 MyPetFriends uses many techniques to verify the accuracy of the information our Users provide to us when they register on the site. However, because user verification on the Internet is difficult, MyPetFriends cannot and does not confirm the alleged identity of Members or the validity of the information which Members post to the site. Our Member and Listing rating feedback system will help Other Members to evaluate the Member with whom they are dealing with.
5.5 Before acting on any information contained in any Profile or on any information received by the User through the use of the Service, the User must at his or her own cost and expense, carry out such investigation as the User thinks is necessary to satisfy him or herself of the truth and accuracy of such information.
5.6 If the User arranges any meetings with any person through the use of the Service then the User does so at his or her own risk. The User should take such precautions as he or she may deem necessary to ensure the User’s personal safety.
5.7 The Services provided on the Website may from time to time include messages, articles and advice from “experts”. Any statements made by our writers, columnists and experts are their personal and sole view, and are not intended, and should not be taken, as specific advice in any particular circumstance. Users with specific issues with their pet, are urged to consult with a qualified professional (such as a Vet, pet behaviorist etc) with respect to such issues.
5.8 Visually impaired and blind users: we have made all efforts to comply with the Disability Discrimination Act (2005). We have included a text resizing option and will assist users with disabilities or difficulties in registering to use the full Services.
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6 ELIGIBILITY FOR MEMBERSHIP
6.1 By accepting these conditions the Applicant warrants and represents to MyPetFriends the following:
6.1.1 That the Applicant is over 16 years old, or has permission from their parent or Legal Guardian to use the site if they are under this age (minimum age for registration is 11);
6.1.2 That the Applicant has not been convicted of any offence relating to violence, Animal Welfare Act 2006 (including any related or other animal cruelty, breeding, sales, performing or boarding act) or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or
6.1.3 That the Applicant has not been subject to any injunction or any order to pay damages under a Animal Welfare Act 2006 (including any related or other animal cruelty, breeding, sales, performing or boarding act) or Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
6.2 If the Applicant is not able or not willing to give the warranties and representations set out in clause 6.1 above then the Applicant shall not apply for Membership.
6.3 The warranties and representations set out in the above clause 6.2 shall be continuing for the duration of any Membership. If the member becomes convicted of any offence relating to violence, Animal Welfare Act 2006 (including any related or other animal cruelty, breeding, sales, performing or boarding acts) or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or becomes subject to any injunction or any order to pay damages under a Animal Welfare Act 2006 (including any related or other animal cruelty, breeding, sales, performing or boarding act) or Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act), then the member must immediately notify MyPetFriends and cease and desist from using the Services forthwith. The Membership shall be considered terminated immediately.
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7 MEMBER'S ADDITIONAL OBLIGATIONS
7.1 In addition to the details set out under section 5.
7.2 The Member undertakes not to:
7.2.1 Transmit or Post information, pictures or any other material which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and privacy rights);
7.2.2 Misuse in any way the Service or any information Posted on the Service;
7.2.3 Attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
7.2.4 Post or reproduce in any way any information or material in which the Intellectual Property Rights belong to another party without the prior consent of the owner of such rights;
7.2.5 Chopy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;
7.2.6 Post any chain letters or junk e-mail to other Members;
7.2.7 Use their profile to sell items (other than to use this to direct users to their listing)
7.2.8 Transfer or sell their User ID to any other person. The user shall also not permit, either directly or indirectly, any other person to utilise their User ID or password.
7.2.9 Transmit, Post or email to any other Member any information, pictures or other material, which in the opinion of MyPetFriends is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous or obscene; and/or
7.2.10 Transmit, Post or email to any other Member any information, pictures or other material, which in the reasonable opinion of MyPetFriends is capable of offending Other Users’ political or religious beliefs.
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8 MEMBER PROFILE
8.1 The Member acknowledges that Other Members will be able to view their Profile.
8.2 The Member acknowledges that some requests for information at registration and under the profile page are not visible to other Users and are requested for MyPetFriends for marketing purposes. Details of why and how we hold this information is available to view in our Privacy Policy section 13.
8.3 MyPetFriends may copy or reproduce any information Posted by the Member on the Web Site in any form and in any manner as MyPetFriends may think fit.
8.4 If the Member decides to Post or disclose any confidential or sensitive information about themselves to other Members, then the Member does so entirely at the Members own risk.
8.5 The Member will be able to view the public details and profiles of other Members.
8.6 The Member warrants and represents to MyPetFriends that all information Posted by the Member:
8.6.1 is accurate, true, complete and is not misleading; and
8.6.2 will be regularly updated by the Member so that it remains accurate, true, complete and not misleading.
8.7 MyPetFriends reserves the right to review the Profile from time to time and to amend or delete the entire Profile or parts of it as MyPetFriends in its sole discretion think that it should be amended or deleted.
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9 CANCELLATION OF MEMBERSHIP
9.1 We may, in our sole discretion, terminate or suspend your access to all or part of the Services and the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement.
9.2 Without limiting any other remedies, we may suspend or terminate a Members account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the site.
9.3 Immediate cancellation will occur if:-
9.3.1 The User breaches the terms of this Agreement;
9.3.2 The User persistently breaches the terms of this Agreement;
9.3.3 The User fails upon request to provide MyPetFriends with sufficient information to enable MyPetFriends to determine the accuracy or validity of any information Posted by the User; and/or
9.3.4 In MyPetFriends’s reasonable opinion any information Posted by the User is damaging or potentially damaging to the interests of MyPetFriends’s business, then MyPetFriends shall have the right, without prejudice to any other remedy, to exercise any or all of the rights set out in clause 9.4 below.
9.4 If any of the events set out in clause 9.3 above occurs in relation to The User then:-
9.4.1 MyPetFriends may terminate this Agreement with immediate effect;
9.4.2 MyPetFriends may immediately suspend or terminate the User’s access to the Service without notice; and/or
9.4.3 All monies owed by the User to MyPetFriends shall become immediately due and payable.
9.4.4 Any failure by MyPetFriends to enforce our rights to terminate the agreement upon a breach of terms of this Agreement by the User does not constitute a waiver of our rights and MyPetFriends reserves to enforce our rights at any time.
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10 BASIC LISTINGS, ENHANCED LISTINGS AND OTHER ADVERTISING
10.1 Members receive one FREE Basic Listing and are allowed unlimited Enhanced Listings.
10.2 Members can make unlimited revisions and amendments to their listing prior to the Member requesting it to go live.
10.3 Listings go live by either submitting it to the site for FREE (a Basic Listing) or paying for the listing (Enhanced Listings).
10.4 Once a Basic Listing has gone live the content cannot be edited or amended. However, the listing can be deleted or removed by the Member at any time via their account page.
10.5 Once an Enhanced Listings has gone live, the content can be edited and amended for the duration of the listing.
10.6 The Member agrees to ensure that all details are correct before submitting the listing and paying the listing fees. No refunds are applicable for any paid for listings or advertising.
10.7 The member agrees to allow other Members to rate their service and provide feedback visible to other Users of the Service.
10.8 Members who choose to use their FREE Basic Listing or purchase Enhanced Listings or other advertising on the site must not offer or sell any items or services, which we do not permit on or through the site.
10.9 MyPetFriends do not accept any obligation to protect Users and Members from unsafe items listed for sale on our site. Please do not assume that items listed will be harmless to people and animals.
10.10 In the event that Users have any right, claim or action against any Member arising from that Members use of the site, Users agree to pursue such right, claim or action independently of and without recourse to us, and you release MyPetFriends from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
10.11 If you are a Member listing or advertising your services, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such an item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.
10.12 In purchasing a Enhanced Listing or other advertising slot the Member shall pay all sums due to MyPetFriends under this Agreement by the means of the payment specified on the Web Site and without any set-off, deduction, counterclaim or any other withholding of monies.
10.13 MyPetFriends reserve the right to remove or refuse listings, advertising or promotion requests that they feel are not suitable to their users, are inappropriate, conflict with the business interests of the MyPetFriends site or for any other reason that MyPetFriends sees fit at the time.
10.14 Until MyPetFriends has received cleared funds in respect of the full amount outstanding, payment shall not be deemed to be made.
10.15 This Agreement may be terminated by either party at any time, for any reason by notice in writing. Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intentions. The User must submit in writing their intention to terminate the Agreement.
10.16 All monies paid by the User to MyPetFriends are non-refundable. A cancellation or termination of this Agreement by the User or MyPetFriends at any time for any reason will not entitle the User to a refund of monies paid.
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11 CONTRIBUTIONS, ACTIVITIES, FEEDBACK AND LISTINGS
11.1 The My Pet Friends team will attempt to remove or edit any generally objectionable material submitted by Members as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to the Message Board, Forums, Article Feedback and Member Rating Feedback express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.
11.2 To assist MyPetFriends to ensure that content is appropriate and conforms to the guidelines set out in these Terms and Conditions and in particular clause 11.3, Users agree to report any contributions, activities, feedback and listings that violate these rules immediately to the MyPetFriends team via the Contact Us link.
11.3 Users must not:
11.3.1 Be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights
11.3.2 Be fraudulent or involve the sale of counterfeit, stolen or illegal items
11.3.3 Infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
11.3.4 Be false, inaccurate or misleading
11.3.5 Be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising)
11.3.6 Link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement
11.3.7 Contain any computer viruses, macro viruses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information.
11.3.8 Cause the site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the site is in any way impaired.
11.3.9 Contributions must be civil and tasteful
11.3.10 No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
11.3.11 No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
11.3.12 If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
11.3.13 Contributions containing languages other than English may be removed.
11.3.14 No impersonation
11.3.15 No inappropriate (e.g. vulgar, offensive etc) user names
11.3.16 You may not refer to specific URLs (web site addresses) unless allowed under the relevant section.
11.3.17 Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.
11.4 A breach of any or all of these rules will result in termination of membership and removal of a Members existing contributions from the site.
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12 PRICE AND PAYMENT
12.1 The price of joining the MyPetFriends Service as a member is FREE.
12.2 One Basic Listing is provided for FREE for the Member.
12.3 Additional Enhanced Listings, and marketing around the site are chargeable and fees for these shall be as shown on the Web Site.
12.4 When Members submit a listing to the site they will have an opportunity to review and accept the fees that will be charged to them.
12.5 MyPetFriends fees are described in our Fees List which forms part of this User Agreement. We may change this policy at any time. We may in our sole discretion change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
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13 PRIVACY POLICY
13.1 When you register as a Member with MyPetFriends the data you give on application is registered and stored by MyPetFriends. We may also store certain data about non registered Users browsing the site.
13.2 Your information will be treated confidential and is only available to you and the database staff at MyPetFriends.
13.3 We value your privacy and have set out in the following information regarding our Privacy Policy how we use and store personal information.
13.4 COMPLIANCE
13.4.1 We, My Pet Friends Limited, comply with the United Kingdom Data Protection Act 1998.
13.5 PRIVACY
13.5.1 We take care to protect the privacy of our customers. This Privacy Policy explains how we process information about website visitors and those registered as Members with MyPetFriends.
13.6 WEBSITE DATA COLLECTION
13.6.1 Personal information is collated and stored primarily during the registration process, but is also monitored when there is activity on your account and when you use the website.
13.6.2 As with many other websites, we may use software known as 'cookies' to store information relating to your preferences to enable us to improve our service to you.
13.7 YOUR PERSONAL DATA
13.7.1 We collect information about Users and Members on the site, so that you are able to use our services effectively as appropriate.
13.7.2 We will only collect and retain personal data to the extent that it is strictly necessary for our purposes.
13.7.3 It is your responsibility that the information you give is correct.
13.7.4 When registering you are asked to provide details such as your name, home address, telephone numbers, date of birth; and those of your pet. Some details are necessary to prevent fraudulent applications. It is optional to provide some of these details, but MyPetFriends recommend that you do, as doing so enables you to get the most out of the systems functions such as future SMS services.
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13.7.5 Personal data submitted by you to this website may be used by us for the following purposes only
13.7.5.1 To assist us in setting up and managing your account as a Member;
13.7.5.2 To personalise aspects of our overall service to you by building an accurate customer profile of you;
13.7.5.3 To communicate with you about promotional or relevant information from MyPetFriends relating to our products and services and those of third parties which may be of interest to you.
13.7.6 If you have registered with this website and do not wish to receive promotional or relevant information then you may have your information removed at any time. If you remove your details, your access rights to the restricted parts of our website and your ability to benefit from certain aspects of our services will cease to exist as you will no longer be considered a registered Member.
13.8 DISCLOSURE OF INFORMATION ABOUT YOU
13.8.1 We may store certain personal information and use this to offer you personalised services, information and offers through our services. In particular this will occur through Users registering with our newsletter service.
13.8.2 Newsletters may contain advertisements. Once you have given consent you can of course ask us to stop providing such service to you at any time, which we will do.
13.8.3 In addition by accepting this Privacy Policy you will be regarded as having given your consent to us disclosing your details to the following types of persons:
13.8.3.1 Any company or other entity to whom we may sell all or part of our business;
13.8.3.2 Any competent legal, regulatory or law enforcement authority. In the latter case, you will not be informed of any disclosure nor of any reasons for such disclosure and you hereby waive any and all rights that you may have, whether at law or otherwise, of any nature and in any jurisdiction, in connection with such disclosure; and
13.8.3.3 Our professional advisers or other appropriate third parties, if your use of our service or this website is in breach of these terms and conditions.
13.8.4 We will always let you have a copy of all information we have about you should you request it.
13.9 DATA ACCESS & CORRECTIONS
13.9.1 Upon receipt of your written request which should be addressed to Data Protection, My Pet Friends Ltd, 24 Barbel Drive, Wednesfield, WOLVERHAMPTON. WV10 0TQ, we will disclose to you your personal data held by us, we shall correct or delete inaccurate details.
13.9.2 Registered Members may make changes to certain parts of their account information by logging in and checking their account details.
13.9.3 We regularly delete data which is no longer required.
13.10 SECURITY
13.10.1 Keeping information about you secure is very important to us. We will take appropriate up-to-date measures to protect your personal data including using password protection, data encryption, firewalls and virus checking.
13.10.2 However, no data transmission over the Internet can be guaranteed to be totally secure. As a result, which we strive to protect your personal information, we cannot ensure or warrant the security of any information which you can send to us, and you do so at your own risk.
13.11 LINKS TO OTHER WEBSITES
13.11.1 Our website contains links to other websites. We are not responsible for the privacy practices of any site besides our own. Please check the privacy statements of those sites if you have any concerns about their policies.
13.12 PRIVACY RELATED COMMENTS
13.12.1 If you believe that MyPetFriends Limited has not complied with this Privacy Policy with respect to your personal information, you may write to us at My Pet Friends Limited, 24 Barbel Drive, Wednesfield, WOLVERHAMPTON, WV10 0TQ. In your letter, please describe in as much detail as possible the ways in which you believe that our Privacy Policy has not been complied with. We will investigate your complaint and respond accordingly. Alternatively or if you have any questions or comments about our Privacy Policy, please contact us through the feedback link on the website.
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14 INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
14.1 All Intellectual Property Rights in the Service shall be owned by MyPetFriends absolutely or any such Company as MyPetFriends Limited may designate in its sole discretion.
14.2 The User warrants and represents to MyPetFriends that the information Posted in the Profile is Posted by the User and that the User is the sole author of the Profile. The User assigns to MyPetFriends with full title guarantee all copyright in the Profile.
14.3 The User waives absolutely any and all moral right to be identified as author of the Profile and any similar rights in any jurisdiction.
14.4 Except for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed by law.
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15 LIMITATIONS ON LIABILITY
15.1 The Service is provided in its current form and MyPetFriends does not guarantee that the Service or any element of the Service will meet the User’s requirements, purpose or expectations.
15.2 MyPetFriends does not warrant that any of the information or material provided in the Service is accurate.
15.3 MyPetFriends does not provide any warranty in respect of the Service, results, availability, or uninterrupted use of the Service.
15.4 You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
15.5 MyPetFriends shall have no Liability for any defect in the Service caused or contributed to by the User or any other Member.
15.6 MyPetFriends shall have no Liability to the User if any monies owed by the User to MyPetFriends have not been paid in full by the due date for payment.
15.7 The User shall give MyPetFriends a reasonable opportunity to remedy any matter for which MyPetFriends are liable before the User incurs any costs or expenses in remedying the matter. If the User does not do so, then MyPetFriends shall have no Liability to the User.
15.8 The User shall produce to MyPetFriends written evidence of any claims for which it is alleged that MyPetFriends are liable together with written details of how any loss was caused by MyPetFriends and the steps the User has taken to mitigate the loss before MyPetFriends shall have any Liability for the claim by the User.
15.9 MyPetFriends shall have no Liability to the User to the extent that the User is covered by any policy of insurance and the User shall ensure that his or her insurers waive any and all rights of subrogation they may have against MyPetFriends.
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15.10 MyPetFriends shall have no Liability to the User arising out of the User’s use of the Service or the User’s reliance on any information or other material Posted on the Service or Posted to the User by other Members.
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15.11 It is possible for Other Users or unauthorised users to obtain and misuse information about the User as a result of the User’s use of the Service. MyPetFriends shall have no Liability to the User arising out of any Member's or unauthorised Other User's misuse of information or other material Posted by the User on the Service or to other Members.
15.12 MyPetFriends shall have no Liability to the User for any:
15.12.1 consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions);
15.12.2 economic or other similar losses; and/or
15.12.3 special damages and indirect losses.
15.13 The User shall be under a duty to mitigate any loss, damage, costs or expenses that the User may suffer.
15.14 Nothing in this Agreement shall exclude or limit MyPetFriends Liability for death or personal injury due to MyPetFriends negligence or any Liability which is due to MyPetFriends’s fraud or any other Liability which MyPetFriends are not permitted to exclude or limit as a matter of law.
15.15 Nothing in this Contract shall exclude or limit any of the User’s statutory rights which may not be excluded or limited due to the User acting as a consumer.
15.16 MyPetFriends shall have no Liability to the User for any delay in performance of this Service or any other matters to the extent that such events and/or matters are due to any events outside MyPetFriends’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
15.17 You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
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16 INDEMNITY
16.1 The User agree to indemnify and keep indemnified MyPetFriends against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by MyPetFriends and arising from or relating to the User’s and Member’s use of the Service, information or any other material Posted on the Service by the User or Member or arising from or due to any breach of contract, any tortuous act or omission or any breach of statutory duty by the User or Member.
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17 GOVERNING LAW
17.1 This Agreement shall be governed and construed in accordance with English law and any disputes shall be subject to the non-exclusive jurisdiction of the English courts, to which both parties submit.
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18 GENERAL
18.1 This Agreement constitutes the entire agreement between you and MyPetFriends with respect to the Service and supersedes all prior agreements and understandings between you and MyPetFriends.
18.2 If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
18.3 All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
18.4 Notwithstanding the above clause, this shall not apply to members of My Pet Friends Limited who shall have the right to enforce this Agreement as if they were MyPetFriends. Any right of a third party to enforce this Agreement may be varied or extinguished without the consent of any such third party.
18.5 MyPetFriends’s failure to enforce any provision of this agreement will not be construed as a waiver the same provision or of any provision or right.
18.6 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
18.7 The operation of this site is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.
18.8 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
18.9 Any rights not expressly granted herein are reserved.
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Terms & Conditions 
