Colin's K9 Training Services Terms of Services
Last updated on: 27/04/2022
Table of contents
1. AGREEMENT OF TERMS
website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in England and have our registered office at 44 Gaysham Hall, Barkingside, Essex, IG5
The information provided on the Site is not intended for distribution to or use by any other person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws and authorities, if and to the extent local laws and authorities are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register the Site.
2. INTELLECTUAL PROPERTY
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your non-personal, non-commercial use. We reserve the rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(2) You are not a minor in the jurisdiction in which you reside;
(3) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(4) You will not use the Site for any illegal or unauthorised purpose; and
(5) Your use of the Site will not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items, or service items will be in stock. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change.
5. PURCHASE AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Your further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchase as deemed required by us. We may change prices at anytime. All payments shall be in GBP (Great British Pounds).
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through theSite. We may, in our solely discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve that right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. REFUND POLICY
Please review our Refund Policy
posted on the Site, order confirmation email.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
(1) Systematically retrieve data or other content from theSite to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) Trick, defraud, mislead, or otherwise users, especially in any attempt to learn sensitive account information such as user passwords.
(3) Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
(4) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
(5) Use any information obtained from the Site in order to harass, abuse, or harm another person.
(6) Make improper use of our support services or submit false reports of abuse or misconduct.
(7) Use the Site in a manner inconsistent with any applicable laws or regulations.
(8) Engage in unauthorised framing of or linking the Site.
(9) Upload or transmit (or attempt to upload or transmit)viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
(10) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(11) Delete the copyright or other proprietary rights notice from any Content.
(12) Attempt to impersonate another user or person or use the username of another user.
(13) Upload or transmit (or attempt to upload or transmit)any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(14) Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the Site.
(15) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
(16) Attempt to bypass any measures of the Site designed to prevent or restrict access to the site, or any portion of the Site.
(18) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Site.
(19) Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
(20) Use a buying agent or purchasing agent to make purchases on the Site.
(21) Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email(s), or creating user accounts by automated means or under false pretences.
(22) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue- generating endeavour or commercial enterprise.
(23) Use the Site to advertise or offer to sell goods and services.
(24) Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
(1) The creation, distribution, transmutation, accessing, downloading, or copying of your Contributions do not and will not infringe the property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third-party.
(4) Your Contributions are not false, inaccurate, or misleading.
(5) Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(6) Your Contributions are not obscene, lewd, lascivious, flirty, violent, harassing, libellous, slanderous, or otherwise objectionable(as determined by us).
(7) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(8) Your Contributions are not used to harass or threaten(in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
(9) Your Contributions do not violate any applicable law, regulation, or rule.
(10) Your Contributions do not violate the privacy or publicity rights of any third-party.
(11) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
(12) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9. CONTRIBUTION LICENSE
and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for yourContributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or theMarketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and toy hereby warrant that any such Submission are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
11. THIRD-PARTY WEBSITE AND CONTENT
12. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(3) In our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technology feasible) any of your Contributions or any portion thereof;(4) In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of theSite and the Marketplace Offering.
14. TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on outSite. We also reserve the right to modify or discontinue all or part of theMarketplace Offerings without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
16. GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations convention ofContracts for International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Colin’s K9 Training Services and yourself both agree to submit to the non-exclusive jurisdiction of the courts of the UnitedKingdom, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.
17. DISPUTE RESOLUTION
Any dispute arising from the relationship between theParties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the EuropeanCourt of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be the United Kingdom. The language of the proceedings shall be English (UK). Applicable rules of substantive law shall be the law of the United Kingdom.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(a) No arbitration shall be joined with any other proceedings;
(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and
(c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
(a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
(c) Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to theMarketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOU USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMLIED WARRANTIES OR MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TOTHIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILTY FOR ANY:
(1) ERROS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
(2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
(3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(4) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO ORFROM THE SITE;
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY, AND/OR;
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DONOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSILBE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees and volunteers, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of:
(1) Use of the Site;
(4) Your violation of the rights of a third-party, including but not limited to intellectual property rights; or
(5) Any overt harmful act toward any other user of the Site with whom you connected via the Site. Not withstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,POLICIES, AND RECORDS OR TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.