Standard Terms & Conditions for Dog.Biz Users
Last updated: 22-03-2011
The dog.biz Web Site is operated by Higham Press Limited, UK (Registered Number 01109108).
It is set up primarily to be used for dog showing and dog related matters.
Higham Press Ltd has taken considerable time and effort designing the functionality of the services available on the web site. Higham Press:
- Makes no representation or warranty as to the accuracy of the content or the suitability or reliability of the services;
- Is not responsible for the timeliness, deletion or failure to store any user communications or personalisation and Web Site customisation settings.
- Is not responsible for the timeliness or otherwise of the content or any services being made available to you.
By using the dog.biz Web Site you agree to be bound by the following terms and conditions.
The terms and conditions may be updated from time to time without notice so please check back on a regular basis.
The copyright, operation and design of www.dog.biz is owned by Higham Press Limited.
Your use of the Web Site does not confer on you any access to the Internet.
In order to use the Web Site, you must obtain your own access to the Internet, including paying any fees associated with such access. You acknowledge that your use of the Web Site and any content or services available on or accessible through it is entirely at your own risk. By providing you with access to content or services on or through the Web Site, dog.biz is not advising you in any way in connection with such content or services. You should always obtain professional advice before making any decision that may have legal, medical and financial or other personal implications.
Dog.biz does not specifically recommend or endorse anything advertised on this Web Site.
Where the Web Site provides you with access to any discussion forum or email service, you acknowledge that any material posted or sent using the Web Site are the responsibility of the person from whom that material originated. This means you are solely responsible for any content you post or send using the Web Site. Dog.biz does not exercise any editorial control over any content posted or sent using the Web Site, nor does it monitor that content. Notwithstanding this, dog.biz may, in its sole discretion, remove any content that you post or send using the Web Site. You release dog.biz from any liability arising in connection with material posted or sent using the Web Site. You must not use the Web Site to transmit or display any content that:
- Is unlawful, misleading, defamatory, obscene, threatening, offensive, abusive, hateful, objectionable or pornographic;
- Harasses or is harmful to another person;
- Invades another personís privacy or amounts to a breach of confidence; or
- Infringes a third partyís rights (including intellectual property rights).
- You must not use the Web Site to:
- Send junk mail, spam, chain letters, pyramid selling schemes or other forms of solicitation (except where we expressly permit you to do so);
- Transmit or post any material containing a software virus, or
- Interfere with or negatively affect any other userís use of the Web Site.
You agree to comply with all local rules that may apply to your use of the Web Site. In particular, you agree to comply with all applicable laws regarding the transmission of data from the USA, the UK and the country in which you reside.
You agree to provide dog.biz with current, accurate and complete information about yourself when registering for the services provided on the Web Site.
You are solely responsible for keeping this Personal Data current and accurate.
You are solely responsible for maintaining the confidentiality of your account designation and password and for all activities that occur using your account designation and password.
You agree to notify dog.biz immediately if there is any unauthorised use of your account or password.
You release dog.biz from any liability that may arise in connection with any use of your account designation and password whether by you or any third party.
The Web Site provides links to Web Sites operated by third parties. Dog.biz does not control these Web Sites and accepts no responsibility whatsoever for the activities or operations of these Web Sites or the accuracy, copyright, compliance, legality or decency of any content or services available on these Web Sites.
To the maximum extent permitted by law, dog.biz disclaims all warranties, express or implied, relating to the content or services available on or accessible throughout the Website, including any implied term of merchantability, satisfactory quality, fitness for a particular purpose and any term as to the provision of services to a standard of reasonable care and skill as to non-infringement of any intellectual property right.
To the maximum extent permitted by law and except of death or personal injury arising out of dog.bizís negligence, dog.biz will not be liable for any loss, damage, cost or expense of any kind incurred by you arising in connection with your use of, or inability to use, the Website and you release dog.biz from all such liability.
You acknowledge that intellectual property rights subsist in the Website (including content and services) and any software used in connection with the Website. These intellectual property rights are owned by Higham Press Ltd or third parties, as the case may be.
You may print or download one copy of the content on the Website for your personal, non-commercial use only. You must not otherwise use the Website, itís design or its content or services in any way without our express permission, or the permission of the relevant third party.
Except as permitted by law in any applicable jurisdiction, you must not:
- Decompile, reverse-engineer, disassemble or otherwise reduce to human-readable form any software used in connection with the Website, nor permit any third party to do so; or
- Copy, modify, adapt or create a derivative work based on any of the software used in connection with the Website.
Dog.biz may at any time change, delete, suspend or discontinue, temporarily or permanently, the content or services offered on the Website and restrict or terminate your access to the Website, without notice or liability.
These Terms and Conditions are governed by English law and you submit to the exclusive jurisdiction of the courts of England.
- "Account Details" means the user-identity and password used to login to the Service;
- "Billing Policy" means the Billing Policy published on the Website;
- "Content" means data, information, video, graphics, sound, music, photographs, software and any other material (in whatever form) which may be made available to you as part of the Service;
- "Credit Card" means any of the following payment methods: Visa, MasterCard, Visa Electron, JCB and Delta.
- "Internet" means the world-wide data network comprising interconnected networks;
- "Login" means an authentication process that must be passed using your Account Details prior to accessing the Service;
- "dog.biz", "we", "our" means Higham Press Limited (Registered Number 01109108)
- "Personal Information" means your name, address, contact details, Sign-up Information, rťsumť content, billing, transaction.
- "Price List" means the list of charges for the Service published on the Website;
- "Sign-up Information" means the information you must provide before you can access the Website;
- "Service" means the service provided to you by us enabling you to access the Website including Content and any other services and applications used by you in connection with the service;
- "Service Period" means the period of 12 months from the commencement of this Agreement.
- "Third Party Information" means any material (in whatever form) which you enter, upload, or make available on the Website.
- "Webpage" means an individual screen of Content at the Website;
- "Website" means the Content located at www.dog.biz
- "You" means the person we make this Agreement with;
- "Your information" means any material (in whatever form) which you enter, upload, or make available on the Website.
This Agreement starts on the day when we accept your sign-up for the Service following completion of the Sign-up Information.
- We agree to provide you with the Service on the terms and conditions of this Agreement which constitutes the entire understanding between you and us with respect to the provision of the Service and supersedes all prior agreements between you and us.
- You acknowledge that by accepting the terms and conditions of this Agreement you will be deemed to be consenting to immediate provision of the Service by us to you. Accordingly, you will have no right to cancel the provision of the Service under the Consumer Protection (Distance Selling) Regulations 2000.
- We will use reasonable offers to make the Service available twenty-four (24) hours per day, seven (7) days per week, but from time to time faults may occur which effect the functionality and availability of the Service. We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can.
- We may temporarily suspend the Service because of an emergency or for operational reasons, maintenance or improvements.
- We may, from time to time, vary the Service and Content offered to you without notice.
- We reserve the right to check from time to time the data entered or uploaded by you, to ensure that the data is not in breach of this Agreement.
- You agree to pay all charges for the Service as specified in the Price List.
- You agree to make all payments using a Credit or Debit Card.
- Unless otherwise specified in the Price List, all charges are payable in advance. Unless we notify you to the contrary, liability for charges will start on the day we first make the Service available to you.
- Unless the Price List specifies otherwise, all charges for the Service are inclusive of Value Added Tax.
- You authorize WorldPay to charge your Credit Card account all charges for the Service as specified in the Price List.
- You warrant that you are an authorized user of the Credit Card you are using to pay for the Service.
- In order to access the Service you will create unique Account Details. You are responsible for the security and proper use of your Account Details and must take all necessary steps to ensure the Account Details are kept confidential, secure and are used properly.
- You must inform us immediately if you have any reason to believe that your Account Details have become known to someone not authorized to use them or if the Account Details are being or are likely to be used in an unauthorized way.
- If we have reason to believe that there is likely to be a breach of security or a misuse of the Service:
- We may change your Account Details and notify you; and /or
- Suspend your access to the Service
- You confirm and warrant that all the Sign-up Information supplied by you when you sign-up on-line for the Service, or amended by you, is true, complete and accurate in all respects.
- You acknowledge that any instruction given to us or any action taken by someone other than you who is using your Account Details will be treated by us as an instruction from you or an action taken by you.
- Any instruction or instructions sent to us from you by electronic mail must originate from the e-mail address given by you in the Sign-up Information or amended by you. Additional proof of your identity may be required by us (at our discretion) depending upon the nature of the instruction or instructions being given by you.
You are the only person authorized to use the Account Details to gain access and use the Service.
You must not use the Service:
- Fraudulently, or in connection with a criminal offence;
- To store, send, knowingly receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
- To cause annoyance, inconvenience or needless anxiety;
- To send SPAM mail. Where Spam mail means an electronic message to promote directly or indirectly the sale or other distribution of products or services to the recipient, which is:
- Addressed to a recipient with whom you do not have an existing personal or business relationship; and
- Not sent at the request or with the express consent of the recipient.
- If anyone other than you uses the Service with or without your knowledge or approval in contravention of any of clauses 1 and 2 we can treat such contravention as a breach of this Agreement by you for the purpose of clause 8 which shall apply.
- You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service and you will at our request immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim or claims in writing.
- The Service is provided solely for your own use. You must not re-sell or attempt to re-sell the service (or any part or facility of it) to any third party.
- We may give you instructions about the use of the Service concerning health and safety, or the quality of the Service to other customers. Such instructions form part of this Agreement and you agree to observe them.
- If we detect that your use of the Service:
- Impairs the integrity of the system and/or the network used to provide the Service; or
- Causes detrimental performance of the Service to you or any other customer
- We reserve the right to suspend your access to the Service (without prejudice to our right to terminate this Agreement under clause 8.1) until we receive an acceptable assurance from you that you will not use the Service in such a manner. We will give you prior notice of such a suspension where practicable.
- Where we provide you with services which involve us providing storage space on our systems we reserve the right to impose limits (which we may vary from time to time) on the storage space we provide to you. We reserve the right to reject material which exceeds the relevant limit.
- The Content may only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You must not permit anyone else to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish part of the Content.
- We do not guarantee the accuracy or completeness of the Content and your use of the Content (for whatever purpose) is at your own risk.
- We can suspend the provision of the Service to you or end this Agreement (or both) with immediate effect on giving you notice if:
- You breach any of the terms of this Agreement and (if such breach is remediable) fail to remedy such breach within seven (7) days of being asked to do so;
- We believe the Service is being used in a manner prohibited under clauses 6 and 7 even if you are unaware that the Service is being used in such a way; or
- Bankruptcy or insolvency proceedings are brought against you or if you do not make any payment under a judgement of a court on time, or you make an arrangement with your creditors, or a receiver of administrator is appointed over any of your assets or you go into liquidation of if you take or suffer any similar or analogous action in correspondence of debt in any jurisdiction in the world.
- If we suspend the Service for breach of this Agreement by you, we will not restore the Service until we receive an acceptable assurance from you that there will be no further breach. While the Service is suspended under this clause you must pay the charges for the Service until the Agreement is terminated.
- If we end this Agreement under clause 8.1 you must pay us all the charges which are due for the Service under this Agreement, including any unpaid charges for the remainder of the service period.
- We reserve the right not to accept your sign-up to use the Service or if you are using the Service to end this Agreement where we reasonably believe that you have previously been in breach of this Agreement.
- If we fail to exercise or enforce any right conferred upon us by this Agreement that failure shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. If we waive a breach of this Agreement by you, that waiver is limited to that particular breach.
- At any time after the Service has been provided this Agreement or the provision of the Service may be ended:
- By immediate notice from us to you; or
- By you using the Delete My Account feature provided on the site
- You must pay the charges for the Service up to your expiry date.
- If you give us notice under clause 9.1 any payments you have already paid in advance for the Service at the time you give notice to us are not refundable.
- Termination of this Agreement, however caused, shall not affect any rights or liabilities accrued at the date of termination nor the continued existence and validity of the rights and obligations of the parties under those clauses that are expressed or implied to survive termination.
- 10.1 We accept liability for death or personal injury caused by our negligence. The limitations in clauses 10.2 and 10.3 do not apply to liability under this clause 10.1.
- 10.2 We have no liability in contract, tort or otherwise (including liability for negligence) for any loss, nor any loss (whether direct or indirect) of business revenue, profit, or savings you expect to make, wasted expenditure or date being lost or harmed.
- 10.3 Our liability in contract, tort or otherwise (including liability for negligence) under or in connection with this Agreement is limited to the total charge made to you for the provision of the Service.
- 10.4 You acknowledge that we have no control over the information which can be accessed by using the Service and that we do not examine the use to which you put the Service or the nature of the information you store, send or upload. We exclude all liability of any kind for the transmission or reception of such information of whatever nature.
- 10.5 We have no liability in contract, tort or otherwise (including liability for negligence) or otherwise for the acts of omissions of other providers of telecommunications or Internet services or for faults in or failures or their networks and equipment.
- 10.6 We will not be liable if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as but not limited to lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war or military operations, natural or local emergency, power cuts or network failure, or anything done by governments or other competent authority or industrial disputes of any kind (including those involving our employees).
- 10.7 All terms, conditions, warranties and representations expressed or implied, by statute, common law or otherwise in relation to this Agreement are hereby excluded.
- 10.8 Each provision of this clause 10 operates separately in itself independently of the others.
- We may change the terms and conditions of this Agreement including our charges for the Service at any time. We will give you a minimum of fourteen (14) days notice of any such change before it takes effect.
- By using the Service on or after the day the change or changes to the Agreement come into effect you will be deemed to be consenting to the change or changes to the Agreement.
You may not assign, transfer, charge or deal in any other manner with this Agreement or your rights under this Agreement or any part of this Agreement, nor purport to do any of the same, nor subcontract any or all or your obligations under this Agreement.
Any notice required to be given pursuant to this Agreement shall be given by completing an on-line form or by electronic mail sent to:
- Us at firstname.lastname@example.org
- You at the electronic mail address contained in the Sign-up Information.
- Such notice shall be deemed to have been duly given on the date of dispatch.
- In this Agreement a reference to:
- Persons includes a reference to any body corporate, unincorporated association or partnership;
- Aperson includes a reference to that personís legal representatives, successors and permitted assigns;
- A clause is a reference to a clause of this Agreement
- An agreement or other documents or Webpage is to that agreement or document or Webpage as from time to time supplemented and/or amended; and
- A provision of a statute is a reference to that provision as amended, re-enacted or extended at the relevant time.
- The headings of this Agreement shall not affect the interpretation of this Agreement.
- Except as expressly stated in this Agreement, the rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
A person who is not a party to this Agreement has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
This agreement shall be governed by and construed in accordance with English Law. The courts of England shall have exclusive jurisdiction to hear any claim, controversy or dispute which may arise out of or in connection with this Agreement and, for such purposes, each party irrevocably submits to the jurisdiction of the English courts.
If you need to contact us at Higham Press, please Email:
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