TERMS OF USE AND ACCEPTABLE USE POLICY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
What's in these terms?
These terms tell you the rules for using our website www.foreverpuppy.co.uk (“Website”).
Click on the links below to go straight to more information on each area:
- • Who we are and how to contact us Contact us
- • Our Vendors Terms & Conditions
- • By using our Website you accept these terms Terms & Conditions
- • There are other terms that may apply to you [INSERT AS LINK].
- • We may make changes to these terms [INSERT AS LINK].
- • We may make changes to our Website [INSERT AS LINK].
- • We may suspend or withdraw our Website [INSERT AS LINK].
- • We may transfer this agreement to someone else [INSERT AS LINK].
- • Our Website is only for users in the UK [INSERT AS LINK].
- • Your User Account [INSERT AS LINK].
- • How you may use material on our Website [INSERT AS LINK].
- • Do not rely on information on our Website [INSERT AS LINK].
- • We are not responsible for websites we link to [INSERT AS LINK].
- • Our responsibility for loss or damage suffered by you [INSERT AS LINK].
- • How we may use your personal information [INSERT AS LINK].
- • Uploading content to our Website [INSERT AS LINK].
- • Acceptable use of our Website [INSERT AS LINK].
- • Content standards [INSERT AS LINK].
- • Rights you are giving us to use material you upload [INSERT AS LINK].
- • We are not responsible for viruses and you must not introduce them [INSERT AS LINK].
- • Rules about linking to our Website [INSERT AS LINK].
- • Breach of this policy [INSERT AS LINK].
- • Which country's laws apply to any disputes? [INSERT AS LINK].
- • Our trade marks are registered [INSERT AS LINK].
Who we are and how to contact us
Our Website (www.foreverpuppy.co.uk ) is operated by FOREVER PUPPY LTD ("we", “us” and “our”). We are a limited company registered in England and Wales under company number 12995970 and have our registered office at 85 Great Portland Street, London, W1W 7LT.
If you have a problem, complaint or wish to contact us, please email us at [email protected] and we will endeavour to reply to you a soon as possible.
Our Vendors
We facilitate the promotion of adverts from selected third parties (“Vendors”) for puppies or dogs they wish to advertise for sale via our Website. We are not the buyer of any of the puppies or dogs advertised on our Website and only act as a Vendor in rare cases. Whenever we act as the Vendor, we will conduct ourselves in exactly the same way as any other registered Vendor on our Website and any contract formed between you (acting as a consumer or business customer) and us (acting as a Vendor) is direct and out of the scope of our actions as a Website.
Should you proceed to purchase a puppy or dog from a Vendor, the contract formed for that purchase is one made solely between you and the Vendor. We are not a party to that contract. As such, we are not liable for the contract, its performance or for any claim or dispute arising out of or in connection with it. We are also not acting as an agent for/of the Vendor.
By using our Website you accept these terms
By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Website.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our Website:
- • Our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY]. See further under How we may use your personal information [HYPERLINK].
- • Our Cookie Policy [INSERT AS LINK TO COOKIE POLICY], which sets out information about the cookies on our Website.
If you create an account on our Website as a customer, our Customer Terms and Conditions [INSERT AS LINK TO CUSTOMER TERMS AND CONDITIONS] will apply.
If you create an account on our Website as a Vendor (or update your customer account to that of a Vendor), our Vendor Terms and Conditions [INSERT AS LINK TO VENDOR TERMS AND CONDITIONS] will apply.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Website
We may update and change our Website from time to time to reflect changes in the adverts posted by our Vendors, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes, but changes to the advertising pages of our Vendors shall NOT constitute a major change.
We may suspend or withdraw our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our Website is only for users in the UK
Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.
Your User Account
If we permit you to create a customer or Vendor account on our Website, this is for your sole use only and is non-transferable. You are not authorised and must not authorise or permit any other person to use your account.
Access to the customer or Vendor Dashboard is restricted to those that have created an account with us and each customer / Vendor Dashboard is unique to that registered user. As such, these pages are considered restricted pages and can only be accessed with a user identification and password (see below).
You can use your customer account to:
- • manage the details of your account with us;
- • Save favourite adverts;
- • access our messaging area where you can correspond with Vendors about one of their adverts;
- • See a Vendor’s contact details;
- • Contact a seller by telephone; and
- • Communicate with us.
You can use your Vendor account to:
- • manage the details of your account with us;
- • create an Advert;
- • manage your Adverts;
- • buy boosts for your Adverts;
- • register with us as a Breeder;
- • Save favourite Adverts; and
- • access our messaging area where you can correspond with Customers who have contacted you about one of your Adverts.
If you choose, or you are provided with, a user identification, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification or password, you must promptly notify us at [email protected].
We have the right to disable any user identification or password, whether chosen by you or allocated by us, or to terminate your account with us (without notice), at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use, our customer Terms and Conditions [HYPERLINK] or our Vendor Terms and Conditions [HYPERLINK] (as appropriate), including deletion of all data contained therein.
How you may use material on our Website
Either we or our Vendors are the owner(s) or the licensee(s) of all intellectual property rights in or on our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors or Vendors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
You must not replicate, republish, sell, rent or sub-licence any material from our Website without our written permission.
If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- • We do not guarantee that our Website will be uninterrupted or error-free at all times. We are not responsible for any losses arising from any such errors or interruptions. We are entitled, without notice and without liability, to suspend our Website for repair, maintenance, improvement or other technical reason and to make changes to it.
If you are a business user:
- • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
- • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- • use of, or inability to use, our Website; or
- • use of or reliance on any content displayed on our Website.
- • In particular, we will not be liable for:
- • loss of profits, sales, business, or revenue;
- • business interruption;
- • loss of anticipated savings;
- • loss of business opportunity, goodwill or reputation; or
- • any indirect or consequential loss or damage.
If you are a consumer user:
- • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy [LINK TO PRIVACY POLICY].
Uploading content to our Website
Whenever you make use of a feature that allows you to make contact with Vendors of our Website, you create an advert as a Vendor on our Website or you upload any text, images, audio material, video material or audio-visual material to our Website, you must comply with the content standards set out below:
Acceptable use of our Website
You may use our Website only for lawful purposes. You may not use our Website:
- • In any way that breaches any applicable local, national or international law or regulation.
- • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- • For the purpose of harming or attempting to harm minors in any way.
- • To bully, insult, intimidate or humiliate any person.
- • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [INSERT AS LINK TO CONTENT STANDARDS BELOW].
- • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- • Not to access without authority, interfere with, damage or disrupt:
- • any part of our Website;
- • any equipment or network on which our Website is stored;
- • any software used in the provision of our Website; or
- • any equipment or network or software owned or used by any third party.
Content standards
These content standards apply to any and all material which you contribute to our Website including adverts created, messages to customers or Vendors or comments / reviews made on our Website (Contribution).
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our complete discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- • Be accurate (where it states facts).
- • Be genuinely held (where it states opinions).
- • Comply with the law applicable in England and Wales and in any country from which it is created.
A Contribution must not:
- • Be defamatory of any person.
- • Be obscene, offensive, hateful or inflammatory.
- • Bully, insult, intimidate or humiliate.
- • Promote sexually explicit material.
- • Promote violence.
- • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- • Infringe any copyright, database right or trademark of any other person.
- • Be likely to deceive any person.
- • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- • Promote any illegal activity.
- • Be in contempt of court.
- • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- • Be likely to harass, upset, embarrass, alarm or annoy any other person.
- • Impersonate any person, or misrepresent your identity or affiliation with any person.
- • Give the impression that the Contribution emanates from us, if this is not the case.
- • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism or break any laws.
- • Contain any advertising or promote any services or web links to other websites.
You warrant that any such contribution does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website (as a Vendor or customer) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload [INSERT AS INTERNAL LINK TO SECTION BELOW].
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any advert, posting, review or content you create or upload to our Website if, in our opinion, your post does not comply with the content standards set out in this policy.
We do not store terrorist content.
Rights you are giving us to use material you upload
When you create an advert, upload images or information or post content or reviews to our Website (but excluding private messages via our messaging portal), you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the Website or the service forever.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards [HYPERLINK] set out in this Policy.
If you wish to link to or make any use of content on our Website other than that set out above, please contact us.
Breach of this policy
When we consider that a breach of this Terms of Use and Acceptable Use policy has occurred, we may take such action as we deem appropriate, including, but not limited to:
- • Immediate, temporary or permanent withdrawal of your right to use our Website;
- • Immediate, temporary or permanent withdrawal of your user or Vendor account;
- • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website;
- • Issue of a warning to you;
- • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- • Further legal action against you; and/or
- • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Terms of Use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Our trademarks are registered
The Forever Puppy name and logo are UK registered trademarks (under trade mark number XXXXXXXXXXXXX) of Forever Puppy Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our Website [INSERT AS LINK].