Terms & Conditions
You must take the time to read and understand these terms and conditions before registering for or using this site or the Service.
1.Important Information
1.1 These terms and conditions form a legal contract which sets out your rights and obligations and those of the Burgess Pet Care Pet Gallery ("Burgess Pet Care Pet Gallery", "we" or "us") in relation to this site and the services offered by the Burgess Pet Care Pet Gallery through this site (the "Service").
1.2 By registering for or using this site or the Service, you accept that you are entering into a contract with us on the terms of these terms and conditions.
1.3 Each time you use the Service or access this site you agree that you are bound by these terms and conditions.
1.4 We reserve the right to alter these terms and conditions from time to time in accordance with clause 15 below (Changes to this Agreement).
1.5 If you do not wish to be bound by these terms and conditions then you may not use or access this site.
2. Types of Service
2.1 Pledging your support for the Fight for Fibre campaign.
2.2 You must ensure that the information that you enter during the registration process is accurate and complete. What we will use this information for is set out at clause 3 below (Privacy and Use of Your Data).
3. Privacy and Use of Your Data
3.1 Subject to 3.2 and 3.3, the privacy principles we apply are that unless you indicate your consent to such use during the registration process we will not:
3.1.1 supply your personal data to any third parties; or
3.2 We reserve the right to communicate a Pledgers personal information as we hold to third parties if required to do so by law or the requirements of any relevant regulatory or other authority.
3.3 If all of the assets which we use to operate this site and the Service (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party.
3.4 Any personal information submitted through this site is stored in a database which is held on and processed by computers situated in the United Kingdom.
3.5 We have security measures in place to protect our database and access to this database is restricted. However, it remains your responsibility:
3.5.1 to take precautions to ensure against the use by anyone else of the Service for which you have registered; and
3.5.3 to log off or exit from the Service and/or this site when not using it.
3.6 The nature of the internet means that any posting on the Service (including any which contains personal information) will be accessible to internet users around the world.
4. Continuation of the Service
4.1 We reserve the right to withdraw or modify all or parts of this site and/or the Service where we have legal or commercial reasons to do so.
4.2 You hereby accept that there may also be times when this site or the Service becomes inaccessible as a result of technical difficulties experienced by us, our suppliers or on the internet generally.
4.3 We will use reasonable endeavours to overcome these difficulties where they are within our control.
8. Disclaimer and Release
8.1 Your use of the Service and this site is entirely at your own risk.
8.2 We reserve the right to moderate, modify and decline Pledge entries if we feel they are in any way detrimental to Burgess Pet Care, it's website or values.
8.3 If any third party sites are linked to or from this site, this does not mean that we endorse or have any responsibility for the third party site in question or anything which appears on it.
8.5 Even though users of this site are prohibited from doing so, people may nonetheless provide Content, or otherwise behave in a way, which is unreliable, misleading, offensive or illegal.
8.6 Accordingly, to the extent that the law permits, you release the Burgess Pet Care Pet Gallery, its officers, contractors and employees from all liability arising out of or in connection with this site and/or the Service and/or the Content provided upon them.
9. Our Ownership of the Rights in this Site and the Service
9.1 You acknowledge that all copyright, design rights, trade marks, and other intellectual property rights arising in and relating to this site, the Service and all Content are owned by Burgess Pet Care.
9.2 Therefore, any copying, distributing, showing in public or the creation of any derivative work of this site or the Service, or any of the material which is found thereon is expressly prohibited unless properly licensed by us.
9.3 By submitting any Content to the Service, you:
9.3.1 represent that you are fully entitled to do so;
9.3.2 grant us a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute, show in public and create derivative works from that Content in any form, anywhere in the world; and
9.3.3 authorise us to adapt the Content at our discretion and you waive your moral rights to object to any derogatory treatment or to be identified as the author of the material in question.
10. Limitation and Exclusion of Liability
10.1 Nothing in these terms and conditions shall operate to limit our liability for death or personal injury resulting from our negligence. Any statutory rights you may have as a consumer remain unaffected.
10.2 We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of goodwill, data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms and conditions or otherwise).
10.3 Without limiting the above, our liability under this contract (whether arising in tort or contract or otherwise) shall not under any circumstances exceed an amount equal to the Package price paid by you to us.
11. Force Majeure
11.1 We shall not be liable for any failure or delay in our performance of this contract which is caused by any circumstances beyond our reasonable control including (without limitation) any disruptions caused by third party service providers, disruptions to the availability of the internet, acts of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or terrorist action ("Force Majeure Event").
11.2 Subject to clause 11.3, in the event of the occurrence of a Force Majeure Event our obligations under this contract will be suspended for the duration of the Force Majeure Event and thereafter we will use reasonable endeavours to restore the Service.
11.3 If and when the period of such incapacity exceeds 30 calendar days, this contract will automatically terminate and both parties will be released from their respective obligations.
12. Assignment
We reserve the right to assign this contract, and to assign or subcontract any or all of our rights and obligations under this contract. You may not without our prior written consent assign or dispose of your rights or obligations under this contract.
13. Entire Agreement
These terms and conditions contain the whole of the agreement between us and you concerning the Service and they replace all earlier agreements and understandings with you, except in the case of any fraud or fraudulent representation by either of us.
14. Third Party Rights
A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of them.
15. Changes to this Agreement
15.1 We reserve the right (but shall not be obliged) to change these terms and conditions from time to time and to replace the old version with any new version or versions on this site.
15.2 Should we do so, we will notify you of the fact that there are changed terms on the main screen of this site and the new version of these terms and conditions will take effect from the point of notification on this site and will govern your relationship with us.
16. Severability
In the event that any provision contained within these terms and conditions shall be held to be invalid or unenforceable by any relevant judicial decree or decision, the remainder shall remain valid and enforceable.
17. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction over the subject matter of these terms and conditions.
18. Important Note!
As we will not keep a record of the terms and conditions agreed by individual Members, please ensure that you print off a hard copy of these terms and conditions from time to time by printing and/or saving a downloaded copy on your own computer.
19. Contact Details
19.1 You can contact us:
19.1.1 by post at Burgess Pet Care , PO Box 38, Pickering, North Yorkshire, YO18 7YH.
19.1.2 by e-mail consumercare@burgesspetcare.co.uk
19.2 Please make sure you include your name and email address with all correspondence.
Burgess Pet Care is a company registered in England with Company number 445555 Vat Registration number 166 8442 36
PRIVACY AND SECURITY
As a customer or visitor to the Burgess Pet Care site, you have a right to expect the highest levels of security. Below you will see our policies on all aspects of your privacy and security. Should you not agree to these conditions you should leave our website.
Collecting and Using Data
We collect information about you on our pledge site for two reasons:
To provide evidence that real individuals are showing their support for this important campaign.
To have contact details to send out campaign up dates to those individuals who have opted in to receive them.
Any data you submit to Burgess Pet Care will not be passed to any unauthorised third party outside the company.
We will only use the data that you provide us with lawfully and in accordance with the Data Protection Act 1998.
If at any time you wish to know what information we hold, then please get in touch with the Consumer Care Team.
Should you wish to be removed from our database then you need to tell our Consumer Care Team. Ensure you state clearly your wishes, your name and postcode and if relevant the email addresses that you have used.
Use of Cookies
Cookies are small pieces of information which are stored on your own computer. They allow our website to recognise you and speed up your interaction with us.
Cookies can be removed from your computer using the tools in your web browser.
Linked Sites
From time to time we will host (hypertext) links to other websites that are not under our control; another supplier of pet products, an information site or a welfare organisation. By activating (clicking) on a link you are leaving our site.
We have no responsibility nor liability for the contact or conduct of any site linked from our site.
If you have any complaint with any site linked from our site then please direct them to the operator or site administrator of that site.
Additionally, if you have a complaint of a serious nature with any website linked from our site then do let our Consumer Care Team know; contact details below. If appropriate we will consider removing any offending links from our site.
GENERAL
By using the website you agree to the terms and conditions of use. If you do not accept them or do not intend to be bound by them, you should exit the site.
Intellectual Property Rights
All website design, text, graphics, underlying source code and all other materials on this site are subject to copyright, owned by either Burgess Pet Care or under licence from third party owners.
You may download materials to a single personal computer or print hard copy images. In both cases they are solely for individual personal use.
Any aspect of this website may be altered, deleted or adapted at any time and without notice by Burgess Pet Care . Any changes to Terms and Conditions will be posted on the site for your information.
Burgess Pet Care reserves the right to charge for any or all of the information or content made available via the website. Users will be informed of any such charges.