Dearest Pets

Terms & Conditions

SERVICE TERMS AND CONDITIONS

WEBSITE USE

These terms of use set out important information regarding your rights, obligations and the restrictions that may apply when you use our website and services at www.dearestpets.com (the "Website"). We recommend that you read these terms of use carefully before using the Website.

Any reference to "you" or "your", means you as a user of our Website. Any reference to "we", "us" or "our" is to Dearest Pets Limited.

These terms of use govern the relationship between you and us when you access and use our Website. By accessing and continuing to use the Website, you agree to be legally bound by these terms of use. Please note that we may update and amend these terms of use from time to time and any changes will be posted on the Website. However, it is your responsibility to ensure you review these terms of use regularly to familiarise yourself with any changes. If you do not agree with any of our terms of use then you should not use our Website.

You may be asked to agree to further terms and conditions when ordering specific services via the Website (see our Service Terms and Conditions below). If there is any inconsistency between these terms of use and any such terms and conditions, the latter terms and conditions shall prevail.

INFORMATION ABOUT US

We operate the Website www.dearestpets.com. We are Dearest Pets Limited, a company registered in England and Wales under company number 075251692 and with our registered office at C/O Woodwater House, pynes Hill, Exeter, EX2 5WR. Our VAT number is 995181772.

YOUR USE OF THE WEBSITE

The objective of the Website is to provide services to enable people to create appropriate tributes for loved pets who have died.

The contents of the Website may not be used by you in any way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out if any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Website security measures or attempt to do any such acts.

You accept that you are able stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion.

We may also ban or suspend you as a user of the Website if you do not comply with these terms of use and, in such an event, your permission to use this Website shall terminate and you must immediately destroy any downloaded or printed extracts from this Website.

ACCESSING OUR WEBSITE AND AVAILABILITY

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users.

While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.

We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of a force majeure event. In these Terms of Use, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

REGISTRATION

You may be required to register your details and/or open an account to access some areas of the Website or order any services. You undertake to complete the registration form fully, and that all information provided is up to date, true, accurate and complete.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

We have the right to disable any access rights or accounts, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

INTERACTIVE SERVICES AND CONTENT STANDARDS

We offer various services on our Website, including, without limitation dedications and appreciations (comment boards).

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out below. By using these services you promise that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

We will use reasonable endeavours to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

These content standards apply to any and all material which you contribute to our Website and to any interactive services associated with it:

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be fraudulent or otherwise likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • For the purpose of harming or attempting to harm minors in any way.
  • Be of the nature of or otherwise instigate or encourage or unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all copyright and other intellectual property rights in our Website, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.

You hereby grant to us a perpetual, royalty-free, irrevocable worldwide licence to use, copy, display, reformat, amend, change, excerpt, distribute or sub-license for profit or otherwise in public both on the Website and for any other purpose as we see fit from time to time. You further acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.

OUR WEBSITE CHANGES REGULARLY

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

RELIANCE ON INFORMATION POSTED AND DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

OUR LIABILITY

Nothing in these terms of use shall restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau), nor shall anything in these terms of use exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we fail to comply with these Terms of Use, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time. However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

The material displayed on our Website is provided "as is" without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy policy available at www.dearestpets.com/privacy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE

Contracts for the supply of services formed through our Website or as a result of visits made by you are governed by our Service Terms and Conditions below.

Donations pledged to partner charities are made directly to that charity via their own payment system.

LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our Website other than that set out above, please address your request to info@dearestpets.com.

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SEVERANCE

If any provision of these terms of use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This Website is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Website are suitable for users outside the United Kingdom, and if you choose to access the Website from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact info@dearestpets.com.

SERVICE TERMS AND CONDITIONS

Dearest Pets Limited provide various services via www.dearestpets.com (the "Website"). We allow users to set up free Dedication Pages. We also provide paid-for Eternal Appreciation Chapters and Memorial Books which allow family and friends to add their comments, appreciations and photographs which will be in addition to the free dedication page created.

The following terms apply to any orders for such services (together the "Services") in addition to our Terms of Use (see above) which apply generally to all use of our Website and Services.

Any reference to "you" or "your", means you as a customer of our Services. Any reference to "we", "us" or "our" is to Dearest Pets Limited. Further information about us and our website can be found in our Terms of Use (see above).

  1. YOUR STATUS AND AUTHORITY TO REQUEST SERVICES
    1.1 By placing an order through our Website, you confirm that:
    1.1.1 the animal in respect of whom you have ordered the Service is deceased;
    1.1.2 where you are not the owner you have ensured that you have the authority to create the tribute using our services;
    1.1.3 you are legally capable of entering into binding contracts; and
    1.1.4 you are at least 18 years old.
    1.2 If you do not comply with any of the above conditions you are not entitled to order Services from our Website.
  2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    After placing an order for Services, you will receive an e-mail from us acknowledging that we have received your order and confirming that the Service requested has been provided. The contract between us for the purchase of a Service ("Contract") will only be formed when we send you the acknowledgement.
  3. DESCRIPTION OF THE SERVICES AND THE PRICE
    3.1 Our Services are described more fully on our Website.
    3.2 The price of the Services will be as quoted on our Website from time to time, except in cases of obvious error. Product prices include VAT.
    3.3 Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an acknowledgement email.
  4. NO RIGHT OF CANCELLATION
    After placing an order for Services, you will receive an e-mail from us acknowledging that we have received your order and confirming that the Service requested has been provided. The contract between us for the purchase of a Service ("Contract") will only be formed when we send you the acknowledgement.
  5. OUR LIABILITY AND YOUR RESPONSIBILITY
    5.1 As the creator of a Dedication Pages, Eternal Appreciation Chapter or Memorial Book, you are responsible for the content on such Services. We are not responsible in any way for such content, notwithstanding our authority to remove inappropriate content in accordance with our Terms of Use above.
    5.2 Nothing in these terms and conditions shall: (i) restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); (ii) exclude or limit our liability for death or personal injury resulting from our negligence; (iii) exclude or limit our liability for fraud or fraudulent misrepresentation; or (iv) exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
    5.3 Subject to Condition 5.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services and, subject to Condition 5.4, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
    5.4 Subject to Condition 5.2 we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits; (iv) loss of anticipated savings; (v) loss of data. However, this Condition 5.4 will not prevent claims for any other type of loss of or damage that is foreseeable or any other claims fordirect loss that are not excluded in (i) to (v) (inclusive).
  6. TRANSFER OF RIGHTS AND OBLIGATIONS
    6.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
    6.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
  7. LAW AND JURISDICTION
    Contracts for the purchase of Services through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

You agree to our above website use and service terms and conditions.

These terms and conditions were last updated on 21st September 2012

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