Ces conditions générales d'utilisation s'appliquent à votre visite et à votre utilisation du site internet de CatInAFlat, ainsi qu'à toutes les informations, les recommandations et/ou services disponibles qui vous seront livrés via le Site internet, nos Services et l’Application. Veuillez lire les conditions d'utilisation avant d’utiliser le site. Par la présente, vous reconnaissez que vous comprenez les conditions d'utilisation de CatInAFlat communiquées en anglais.
1. WELCOME TO CAT IN A FLAT
For access to the terms and conditions or privacy policies of any other websites or applications, please refer to the policies of such websites or applications. The Terms and Conditions are subject to change at any time by us, without prior notice to you, by our posting them on the Sites. It is your obligation to review the Terms and Conditions before accessing the Sites. Any changes to the Terms and Conditions will be effective immediately upon our posting them to the Sites, unless otherwise stated. We reserve the right to change the contents of the Sites at any time, with or without notice.
2. KEY DEFINITIONS
“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.
“Cat Sitter” means a person that has registered with our Service to offer Cat Sitter Services to Cat Owners;
“Cat Owner” means a person that has registered with our Service and who seeks cat Sitter Services; and
“Cat Sitter Services” means any services offered through our Service by Cat Sitters including but not limited to, pet-sitting, house sitting and related services to the Cat’s needs only.
“Cat” means domestic cat or small domestic pet mammal (rabbit, hamsters, mice to the extent legally permitted as a domestic pet) owned by the Cat Owner
“Cat Sitter Profile” means the public web page where Cat Sitter’s state their prices and information about the services they offer.
"Content" includes all Text, Graphics, Design and Programming used on the Sites.
"Graphics" includes all logos, buttons, and other graphical elements on the Sites, including the colour combinations and the page layout of the Sites, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
“Meet and Greet” is where the Cat Owner and Cat Sitter meet in person (physically or virtually through Zoom, Teams, etc.) prior to the booking start date . By completion of the Meet and Greet, the Cat owner and Cat Sitter should have gone through all necessary instructions to help the Cat Sitter perform his/her duties to the best of his/her ability.
"Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
"User" or “you” or “your" refers to any individual who uses or accesses any aspect of the Site(s) or Services.
3. YOUR RELATIONSHIP WITH US
3.1 The Company is not party to any agreement you, as a Cat Sitter or Cat Owner, may enter into with another Cat Sitter or Cat Owner. The Company merely facilitates the introduction and matching of Cat Owners to Cat Sitters (and vice versa).
3.2 We reserve the right to modify the Services and these Terms and Conditions at any time, effective upon posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions.
4. NATURE OF OUR SITES AND/OR SERVICES
4.1 The Service allows for Cat Owners and Cat Sitters to arrange for the provision of Cat Sitter Services. The Company is a neutral venue and does not provide Cat Sitter Services. All transactions conducted via the Company’s Services are between Cat Owners and Cat Sitters, with the Company’s role being to provide a platform to facilitate the transaction. Except for limited refunds and our Cat in a Flat Guarantee, the Company has no liability for damages associated with Cat Sitter Services or resulting from any other transactions between users of the Service, all as set forth in more detail in the DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY sections of these Terms and Conditions.
4.2 Cat Sitters create a Cat Sitter Profile to list information about their Cat Sitter Services including, but not limited to, type and availability of services offered, pet care experience, pricing and financial terms for providing the Cat Sitter Services. These profiles are publicly available via the Services. As the Company does not produce the User Content provided for Cat Sitter Profiles, the Company is not responsible for its accuracy and cannot verify any claims made by Cat Sitters. Cat Owners should take steps they deem appropriate to lawfully verify any information in the Cat Sitter Profile they deem necessary and appropriate to decide whether or not to retain any particular Cat Sitter Services. Similarly, the Company does not endorse reviews of Cat Sitters by other Cat Owners that may be available via the Services, and therefore the Company makes no commitments that such reviews are accurate or legitimate.
4.3 Cat Owners can interact with and book Cat Sitters via information contained in Cat Sitter Profiles. All booking requests are subject to acceptance by the Cat Sitter, who is not obligated to accept any request and may decline for any reason. However, once a booking has been completed both the Cat Sitter and Cat Owner agree to honour the price and other terms of that booking. Only bookings made via the Services are valid and benefit from the protection the Services offers. The Company charges fees for some aspects of the Services, as outlined in the FEES AND PAYMENTS section of these Terms and Conditions.
4.4 Cat Owners are solely responsible for evaluating the suitability of Cat Sitters. The Company makes no representations or warranties about the quality of Cat Sitter Services, or about interactions and dealings with users of the Services. Cat Sitters listed on the Sites are not under the direction or control of the Company, and Cat Sitters determine at their own discretion how to provide Cat Sitter Services. Though the Company provides general guidance to Cat Sitters about safety and pet care and to Cat Owners about selecting and engaging Cat Sitters, the Company does not employ or endorse Cat Sitters or Cat Owners. While the Company conducts an initial review of Cat Sitter Profiles, the Company does not otherwise screen Cat Sitters and will not be responsible or liable for the performance or conduct of Cat Sitters or Cat Owners, whether online or offline.
5. INFORMATION ABOUT US
5.1 Cat In A Flat, Ltd is incorporated and registered in the United Kingdom under company number 09002109. Our registered office is at Bluebell Road, Norfolk, NR4, United Kingdom.
6. INFORMATION ABOUT YOU
7. YOUR ACCOUNT
7.1 In order to access our Services and use certain features and areas of the Services, you must register with us and set up an account with an ID (associated with your email address) and password (your "Account"). We encourage you to use strong passwords with your Account.
7.2 You must be 18 years or older, and legally competent to enter into a legally binding agreement to use our Services.
7.3 You must keep your account information up-to-date and accurate at all times, including a valid email address and mobile number. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. You agree to protect your username and password by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Sites by the party using your account, and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.
8. YOUR CONTENT
8.1 Any images, text or information that you submit to or through the Sites or the Services, including any communications by or between you and any Cat Owner or Cat Sitter on or through the Sites or the Services ("User Content") must meet the RULES OF ACCEPTABLE USE set forth below.
8.2 You hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, copy, reproduce, modify, exhibit, sub-licence, exploit in connection with our Services, and make available anywhere and in any form for the purposes of providing our Services (including allowing our users to view and use your User Content) your User Content.
8.3 We may occasionally publish media, including but not limited to images and video, contained in your User Content in the context of sharing media updates of cats on our Sites and across third party social media applications. If you object to our use of the media contained in your User Content in this way, please contact us and we will remove them.
8.5 We are not required to and generally do not check or moderate any User Content, though we reserve the right to do so at our sole discretion for reasons permitted herein. For example, we may check, moderate, reject, refuse or delete any User Content if a user informs us that he/she objects to it, or we have reason to believe that it breaks any of the Rules of Acceptable Use.
9.1 The Company is not an employment service and does not serve as an employer of any User signing up to the Services, nor any Cat Sitter or Cat Owner in connection with the Services or the Sites. Cat Sitters are solely responsible for disclosing any income made through the Services or otherwise, and for complying with national, federal and local tax laws, rules and regulations that apply to their activity on or through the Services or otherwise. Under no circumstances shall the Company be liable for any tax or withholding of any kind, including but not limited to income or related/similar tax, unemployment insurance, employers liability, social security, in connection with your use of or participation in the Services. If the Company is found to be liable for any tax in connection with Cat Sitters use of the Services, such Cat Sitters agree they will immediately reimburse and pay the Company an equivalent amount including any penalties and interest incurred, and Company’s reasonable attorneys’ fees, if any, in connection therewith, as well as any other obligations under the DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY section hereof.
10. FEES AND PAYMENTS
10.1 The Company uses the secure, third-party online payment service, called Stripe, for purposes of processing payment when required for the Services. Stripe generally accepts and allows payment via all major credit and debit cards including Visa, American Express and Master Cards. In Europe you can also pay by IBAN, Giro, SOFORT, iDeal and eps.
10.3 The Company will not have access to, nor will it obtain, any user account information submitted to or through Stripe, and is not responsible for any such information or the actions of Stripe. The Company accepts no liability for any failure in the Stripe service. Though the Company receives confirmation of payment through Stripe in connection with its Services (as well applicable payment(s) from Cat Owners using the Services and paying through Stripe), it neither receives nor maintains any user’s financial account information in connection therewith. The Company has no transparency or access to any other payments of, by or to, the Cat Owners or Cat Sitters through Stripe.
10.4 Cat Sitters may set the price of their Cat Sitter Services ("Booking Fee"¨) within the parameters permitted by the Services. A fixed fee of £1.50/€1.90 (“Owner Booking Fee”) will be paid by the Cat Owner on top of every booking through the Services. A fee equal to 19% of the Booking Fee ( the “Sitter Service Fee”) will be subtracted from every booking from the Cat Sitter. The Company will facilitate the payment of the Booking Fee (less any Owner Service Fee or Sitter Service Fee) from the Cat Owner to the Cat Sitter.
10.5 If booked using a credit/debit card or bank transfer, the Booking Fee will be taken from the Cat Owners account the day before the booking starts, it will then automatically be transferred to the Cat Sitters account within 5 - 7 business days.
10.6 If booked using Giro, SOFORT, iDeal or EPS, the Cat Owner will be reminded to complete the payment two days before the booking starts. Payments will be automatically transferred to the Cat Sitters account 5 - 10 business days from when the payment was made.
10.7 In the event of a failed payment for a particular booking, for reasons such as insufficient funds, suspicion of fraud or violation of our terms, the Company will use all commercially reasonable efforts to rectify the payment issue as part of its Customer Services. Notwithstanding, under no circumstance shall the Company be liable for any damages, including any payment or compensation to any Cat Sitter, if its effort to obtain payment does not succeed for any reason whatsoever.
10.8 Where a Cat Owner has obtained a refund in relation to their booking in accordance with these Terms and Conditions, Cat Sitters agree that the Company will not refund the Sitter Service Fee, and that the Cat Sitter, subject to Company’s sole and absolute discretion, will be responsible to refund the 19% Sitter Service Fee directly to the Cat Owner.
10.9 Cat Sitters and Cat Owners agree that all bookings (including, for the avoidance of doubt, new and repeat bookings) with a Cat Owner / Cat Sitter where the Cat Owner / Cat Sitter first contacted the Cat Owner / Cat Sitter via the Services or through the Sites ("Initial Contact"), must be made via the Services. Where an Initial Contact has been made, if a Cat Sitter confirms or proceeds with a booking with a Cat Owner outside of the Services, the Cat Sitter or Cat Owner may have to pay an introduction fee of £500 to the Company per user.
11. YOUR RIGHT TO USE THE SERVICES
11.1 The materials and content comprising the Services (excluding User Content) belong to us or our third-party licensors and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms and Conditions.
11.2 Your right to use the Services is personal to you and you are not allowed to assign or transfer this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Services.
11.3 The Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Company brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Sites or Services does not grant you any rights or licences relating to the Company Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms and Conditions. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. All other product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.
11.4 Unless allowed by these Terms and Conditions and as permitted by the functionality of the Services or Sites, you agree:
You agree that you have no rights in or to any portion of the Services or Sites other than the right to use them in accordance with these Terms and Conditions.
12. RULES OF ACCEPTABLE USE
12.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Services or Sites (the "Rules of Acceptable Use").
12.2 You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with the Sites any material that is unlawful or for illegal activity. You agree not to use the Sites to do any of the following:
12.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice and at the Company’s sole and absolute discretion), in addition to any other actions we deem appropriate:
13. NOTICE AND TAKEDOWN POLICY
13.1 Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to firstname.lastname@example.org. Please provide the information described below in the Infringement Notice:
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Sites, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the person alleged to be infringing that the Company has removed or disabled access to this material. Please note that, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
14. CAT OWNER AND CAT SITTER OBLIGATIONS
14.1 If you are a Cat Owner, you agree to the following:
14.2 If you are a Cat Sitter, you agree to the following in respect of any Cat Sitter Services you supply:
15. BOOKING GUARANTEES FOR CAT OWNERS
15.1 If, in relation to a Cat Owner's first booking of Cat Sitter Services, the Cat Owner has any genuine concerns about the quality or suitability of the Cat Sitter or the Cat Sitter Services, they may request a refund from the Company ("Refund Request"), regardless of the cancellation policy. Any Refund Request must be made in accordance with the following:
15.2 If, at any point following confirmation of a booking or the Cat Sitter Services are in progress but not yet completed, the Cat Sitter cancels the booking, the Company shall:
16. CANCELATION POLICY
16.1 Cat Owners and Cat Sitters can cancel a booking at any point before the Cat Sitter Services start subject to a potential Cancellation Fee.
16.2 Cat Owners and Cat Sitters can cancel a Pre-Booking at any time with no cancellation charges.
16.3 Cat Owners can cancel a confirmed booking at any time before the Cat Sitter Services start, subject to a cancellation fee (the “Cancellation Fee”), which shall depend on the time of notice given by the Cat Owner.
16.4 Cat Sitters can cancel bookings at any stage with reasonable notice. If a Cat Sitter needs to cancel within 5 days or less of the booking starting, the Cat Sitter must contact the Company via our contact form for further help.
16.5 All Cancellations and Refunds should be processed through the Company via our contact form. If Cat Sitters process the refund themselves in Stripe, the Company is not obliged to refund its fees to the Cat Sitter.
17. EMERGENCY MEDICAL SITUATIONS
17.1 The Cat Sitter is required to make reasonable efforts to inform the Cat Owner (or, where the Cat Owner is not available, the alternative contact provided by the Cat Owner) and the Company as soon as possible where a situation has arisen where Cat requires emergency veterinary care. Where the Company has been informed by the Cat Sitter that such a situation has arisen, the Company shall also make reasonable efforts to contact the Cat Owner to notify them of the situation where the Cat Sitter has been unable to contact them.
17.2 If the Cat Owner cannot be reached following reasonable efforts, the Cat Owner authorises the Cat Sitter to seek care on their behalf to promptly treat the Cat Owner's Cat. The Cat Owner agrees that they will bear the full cost of any such emergency medical treatment and will reimburse the Cat Sitter where the Cat Sitter has paid for such emergency medical treatment accordingly. The Cat Owner may be able to have the cost of such emergency medical treatment reimbursed as described below.
18. CAT IN A FLAT GUARANTEE
18.1 All bookings made via the Services automatically include certain reimbursement of veterinary fees ("Veterinary Reimbursement") and loss of keys ("Loss of Keys") (collectively, "Cat in a Flat Guarantee"). Cat Owners acknowledge that the Cat in a Flat Guarantee should not be considered as a replacement or stand-in for Cat Owners existing Home and Pet Insurance. Cat Sitters acknowledge they are not third-party beneficiaries of any Third-Party Liability.
18.2 The Cat in a Flat Guarantee will only be considered if the claim was made due to the Cat Sitters negligence during the Cat Sitter Service. Where you have your own insurance, Veterinary Reimbursement and Loss of Keys will only be applicable where you have sought reimbursement under your own insurance and reimbursement was denied or to the extent that the reimbursement does not cover all of your costs. We may request any documentation regarding insurance claims made by you to your own insurance provider.
18.3 The Cat in a Flat Guarantee will only be considered for bookings that cost at least £10 per day.
18.4 Nothing in this Section 18 limits any liability the Cat Sitter owes to the Cat Owner or the Company in connection with the Cat Sitter Services.
19.1 Where you have complied with these Terms and Conditions and wish to make a claim reimbursement through the Cat in a Flat Guarantee, the Company must be notified within 24 hours of the incident occurring. Your claim will be processed only after all necessary information has been submitted. You have up to 5 days from the incident to submit all additional information regarding the claim. This includes but is not limited to your booking reference, detailed photos of the injuries or damage, copies of veterinary bills, receipts and other relevant information regarding the incident.
19.2 The duration of the processing will depend on the severity of the case, the quality of the documentation and the cooperation of all parties involved, but we aim to resolve most cases within one month of their submission.
19.3 Veterinary Reimbursement is limited to £700 per occurrence/incident with an excess of £150. Loss of Keys reimbursement is limited to £250 with an excess of £50. The excess should be split evenly between the Cat Sitter and Cat Owner unless it is clear the Cat Sitter is at fault, the Cat Sitter will then be responsible for the total excess.
19.4 Please contact us for further information on the Cat in a Flat Guarantee Terms, these guarantee terms apply in addition to the Company Terms and Conditions.
20. ADVERTISEMENTS ON THE SERVICE
21. ENDING OUR RELATIONSHIP
21.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to the Terms and Conditions or the Services, you must immediately stop using the Services.
21.3 We may immediately end your use of the Services if you break the Rules of Acceptable Use, any other important rule(s), or Terms and Conditions we set for accessing and using the Services or Sites including these Terms and Conditions.
We may also withdraw the Services as long as we give you reasonable notice that we plan to do this.
21.4 If you or we end your use of the Services or we withdraw the Services as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the Services or access our content or your User Content. We will not offer you compensation for any losses.
21.5 The termination of your use of the Services and the cancellation of your Account shall not affect any of your outstanding obligations to us (including obligation to pay any sums to us), or to any Cat Owner or Cat Sitter pursuant to any agreement with that Cat Owner or Cat Sitter.
22. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
22.1 Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Sites and/or Services. Your use of the Sites and/or Services, and the obligations and liabilities of us in respect of your use of the Sites and/or Services, is expressly limited as follows:
22.2 Third-Party Websites
Notwithstanding the presentation of, or links to, any third-party information or website/app on the Sites and/or Services, no such presentation shall be considered an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Sites and/or Services. Access to third-party websites/apps from the Sites is done at your own risk. The Company makes no representations or warranties regarding any opportunities found via the Sites. Any such opportunities and information are provided “as is”, except to the extent otherwise set forth in a licence or sale agreement entered into in writing between you and the Company or with respect to warranties that may be provided by the provider of the opportunity, if any.
22.3 Disclaimer of Endorsement and Liability
The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from this site, do not necessarily state or reflect those of the Company unless we explicitly say so. The Company does not endorse or recommend, and assumes no responsibility or liability for any actions, opinions, information or representations of any user, company or information contained on the Sites and/or Services, nor do we guarantee or assume liability for the accuracy, completeness or usefulness of any information maintained by us.
22.4 DISCLAIMER OF WARRANTIES
THE SITES AND SERVICES, AND THEIR CONTENT, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS SITES AND/OR SERVICES AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION PROVIDED ON THE SITES OR IN CONNECTION WITH THE SERVICES.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT THE COMPANY ASSUME THE COST OF ALL NECESSARY COSTS, DAMAGES, SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITES AND/OR SERVICES OR THEIR CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SITES AND/OR THE SERVICES OFFERED ON THE SITES, INCLUDING BUT NOT LIMITED, RELATED TO QUALITY, ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SITES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITES AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SITES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITES.
22.5 LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SERVICES, OR RELIANCE UPON ANY INFORMATION PROVIDED ON OR THROUGH THE SITES OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH THE COMPANY SHALL BE LIABLE SHALL BE LIMITED TO £100.
22.6 Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Sites and/or Services, or (2) the use of any information accessed by you from this Sites and/or Services.
You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Sites and/or Services, (2) information that you submit, transmit, or otherwise make available via this Sites and/or Services, or (3) your breach of these Terms and Conditions.
You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs, and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms and Conditions.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the exclusions and/or limitations stated above may not apply to you.
23. RESOLVING DISPUTES
23.1 If you have a dispute with us relating to the Sites or Services, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving the dispute.
23.2 If you have a dispute with another person who has registered with our Services in connection with the Services, we will provide reasonable assistance to resolve such disputes informally. For the avoidance of doubt, we are under no obligation to resolve such a dispute to the satisfaction of both parties.
24. CHANGES TO THE SERVICE
24.1 We are constantly updating and improving the Sites and Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Sites and Services.
24.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Sites or Services, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service, features that you use, your Profile and your User Content ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.
24.3 You agree that a key characteristic of our Sites and Services is that changes to the Services will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your Account in the settings feature of the Services.
24.4 We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Services.
25. CHANGES TO THE DOCUMENTS
25.1 We may revise these Terms and Conditions from time to time and the most current version will always be found here
25.2 Changes will usually occur because of new features being added to the Services, changes in the law or where we need to clarify our position on something.
25.3 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms and Conditions. We may contact you through the Services (for example by asking you to accept the changes before you continue to use the Services) or via a separate email.
25.4 Normally, we will try to give you some warning before the new Terms and Conditions become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
26. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU
26.1 The current version of the Terms and Conditions contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms and Conditions will no longer apply to our relationship and will be completely replaced by the current version.
26.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Services. If part of the Terms and Conditions cannot be enforced then the remainder of the Terms and Conditions will still apply to our relationship.
27.2 Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms and Conditions, and the Terms and Conditions shall be construed without regard to the invalid, illegal, or unenforceable provision.
27.3 Viruses and Transmission of Sensitive Information. The Company cannot and does not guarantee or warrant that the materials contained on the Sites will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your device’s system to satisfy your requirements to protect against viruses. the Company does not assume any responsibility or risk for your use of the Internet, nor does the Company assume any responsibility for any products or services of, or hyperlinks to, third-parties.
28.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. The Courts of England & Wales will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Sites and Services. If you are resident in the EU, nothing in this clause shall affect your rights under the law of the country in which you live, including your right to have a dispute in relation to your use of the Service heard in the courts of that country.
28.2 If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.
30. CONTACT, FEEDBACK AND COMPLAINTS
30.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please contact us
30.2 We value hearing from our users, and are always interested in learning about ways we can improve the Sites and Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
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