1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply services to you.
1.2. Why you should read them. Please read these terms carefully before you confirm your subscription to the services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Dogtrackr Limited a company registered in England and Wales. Our company registration number is 09711609 and our registered office is at 8-10 Queen Street, Seaton, Devon, United Kingdom, EX12 2NY.
2.2. How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Definitions used in these terms. The definitions below shall apply in this contract.
3.1. Documentation. Shall mean the information made available to you by us at dogtrackr.io or such other web address notified by us to you from time to time which sets out a description of the services and the user instructions for the services.
3.2. Initial Subscription Term. One month from the date which your subscription for the services is accepted by us or one year if you choose an annual subscription.
3.3. Renewal Period. Shall have the meaning given to it in clause 8.5 below.
3.4. Services. Shall mean the subscription services provided by us to you under this contract through www.dogtrackr.io or any other website notified to you by us from time to time.
3.5. Software. The online software applications provided by us as part of the services.
3.6. Subscription Fees. The subscription fees payable by you to us for the Subscription.
3.7. Subscription Term. Has the meaning given in clause 8.5 (being the Initial Subscription Term together with any subsequent Renewal Periods).
3.8. Virus. Any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
4. Our contract with you
4.1. How we will accept your order. Our acceptance of your order will take place when you confirm your subscription for the services and accept these terms at which point a contract will come into existence between you and us.
4.2. If we cannot accept your order. If we are unable to accept your subscription, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services.
5. Your subscription to the services
Subject to the other terms of this contract, we grant to you a non-exclusive, non-transferable right to permit you to use the services and the Documentation during the Subscription Term.
5.2. You confirm that you shall keep a secure password for your use of the services and Documentation and keep this password confidential.
5.3. You shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the services that:
is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
facilitates illegal activity;
depicts sexually explicit images;
promotes unlawful violence;
is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
in a manner that is otherwise illegal or causes damage or injury to any person or property;
and we reserves the right, without liability or prejudice to our other rights under this contract, to disable your access to any material that breaches the provisions of this clause.
5.4. You shall not:
except as may be allowed by any applicable law:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
access all or any part of the services and Documentation in order to build a product or service which competes with the services and/or the Documentation; or
use the Services and/or Documentation to provide services to third parties; or
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the services and/or Documentation available to any third party, or
attempt to obtain, or assist third parties in obtaining, access to the services and/or Documentation.
6. Our rights to make changes
6.1. Changes to the services. We may change the services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
7. Providing the services
7.1. When we will provide the services. We will supply the services to you until your subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4. Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
deal with technical problems or make minor technical changes; and/or
update the services to reflect changes in relevant laws and regulatory requirements.
7.5. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.5) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid amounts (see clause 12.6). We will not charge you for the services during the period for which they are suspended.
8. Your rights to end the contract
8.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If the services do not work or are misdescribed you may have a legal right to end the contract (or to get the services re-performed or to get some or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the services or these terms which you do not agree to;
we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
there is a risk that supply of the services may be significantly delayed because of events outside our control;
we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do I have to change my mind? You have 14 days after the day we accept your subscription.
Term of the contract and ending the contract. This contract shall, unless otherwise terminated in accordance with these terms shall continue for the Initial Subscription Term and shall continue automatically on a monthly basis (each a Renewal Period) unless you notify us in writing (in accordance with clause 9) before the end of the Initial Subscription Term or Renewal Period, in which case this contract shall end upon the expiry of the applicable Initial Subscription Term or Renewal Period. The initial Subscription Term together with any subsequent Renewal Period shall be the Subscription Term.
9. How to end the contract with us (including if you have changed your mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address; or
Online. Log into your account and click the “Cancel My Subscription” Link found in Account Settings.
9.2. How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
9.3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
10.2. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 4 weeks in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
11. If there is a problem with the services
11.1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can write to us at firstname.lastname@example.org.
11.2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the sale of products generally. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the
• up to 30 days: if your item is faulty, then you can get a refund.
• up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• if your digital content is faulty, you’re entitled to a repair or a replacement.
• if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
• if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example a subscription agreement, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
12. Price and payment
12.1. Where to find the price for the services. The price of the services (which will include VAT, where applicable) will be the price indicated on the relevant pages when you placed your subscription. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the services you order.
12.2. When you have to pay. Before we accept your subscription, you shall supply to us valid and up to date credit or debit card details (or other method of payment accepted by us from time to time) and you hereby authorise us to charge you by your proposed form of payment:
(a) on the date on which we accept your subscription, the Subscription Fees in respect of the Initial Subscription Term; and (b) subject to the contract not ending beforehand, on the same date in each subsequent month (or the nearest business day), the Subscription Fees payable in respect of the next Renewal Period.
12.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay.
12.4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.5. When you must pay and how you must pay. We accept payment with Visa or Mastercard. You must pay the subscription fee on a monthly basis (or any other basis or time period agreed between us).
12.6. What to do if you think an amount you have paid is wrong. If you think the amount you have paid is wrong please contact us promptly to let us know.
13. Our responsibility for loss or damage suffered by you
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 11.2; and for defective services under the Consumer Protection Act 1987.
13.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
13.4. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1. How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to process your payment for the services; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2. How we will use other information. certain information may be used by us on our Website such as the number of users we have, the number of clear rounds entered by users of the products and similar information. For example the Website might provide that “1500 clear rounds recorded and 3000 active users” but individuals would never be identifiable from such information.
We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1. 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. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can only bring legal proceedings in respect of the services in the English courts.