Terms of Service

Danielle Beck, Clinical Animal Behaviour – www.controlthemeerkat.com & www.daniellebeck.co.uk

Terms and Conditions for Use and Sales ((To download T&C’s and Privacy Policy click HERE)

These terms and conditions were last updated on [22/10/20]

1. Introduction

1.1 These terms & conditions set out the terms between you the customer and us the website owner.

1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.

1.3 You should not use this website if you do not accept with these terms & conditions in full.

2. Customer Information

2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.

2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.

2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

3. Privacy

We take your privacy seriously. We are registered under and comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

4. Product Pricing, Title & Compatibility

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the electronic shipment of that order and any related items.

4.2 All prices are displayed inclusive of Value Added Tax (VAT) or other applicable sales tax. Furthermore on the checkout page(s) and all email or paper receipts the VAT or sales tax element will be clearly and separately displayed as part of the total cost of your order.

4.3 We reserve the right to alter all product pricing without notice.

4.4 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

4.5 We are responsible for any loss or damage to any products until you receive them.

4.6 We will provide full details of the compatibility or system requirements typically required for the successful installation and use of any download goods. This includes any restrictions on use, such as digital rights management (DRM) or other restrictions that may limit use. However, please note we are unable to provide a detailed assessment of your specific equipment and its suitability for use of or with any downloadable products.

5. Your Order

5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.

5.2 Your offer is only accepted by us once we have emailed you to confirm the electronic dispatch of your order.

5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.

5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

6. Cancellation Rights and Refunds

6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase.

6.1.1 IMPORTANT – However, to benefit from this right you will not have access to download or install the downloadable, electronic or “softcopy” goods during the notice or “cooling off” period, please see below.

6.1.2 To exercise your right to cancel you must notify us in writing, either by email or completing a cancellation form on our website within 14 working days from the day after your goods were ordered. Please note – a telephone call is not a valid cancellation.

6.1.3 IMPORTANT – If you wish to have immediate access to your ordered product or products you must tick the box provided at the checkout stage that specifically waives your right to a cooling off period of 14 working days and the right to cancel during that period.

6.2 Refunds will be given for any goods where they are found by us to be defective.

6.3 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

7. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

8. Faulty Products and Services

8.1 Where you experience a fault with a digital product or service please contact us as soon as possible. In the event of a defective product or service we may ask you to remove it from the device on which it is located or accessed.

8.2 Where any goods digital or services are found to be defective we will offer a replacement item as soon as reasonably possible and within 30 days of being notified of the defect or we will issue a full refund in accordance with the Consumer Rights Act 2015. Where a refund is offered and accepted by you it will be made within 14 working days of receiving your acceptance of a refund.

9. Events Outside Our Control

We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

10. Licence

10.1 Wegrant you a licence to access the content, information and services contained within our website for personal use only.

10.2 This licence allows you to download and cache (using your browser) individual pages from our website.

10.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

10.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

10.5 Our website cannot be placed within the frame-set of another site.

10.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

10.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

11. Copyright

11.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.

11.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

12. User Generated Content

12.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.

12.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.

12.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.

12.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

12.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.

12.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.

12.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.

13. Limitations and Exclusions of Liability

13.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.

13.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.

13.3 All indirect, consequential or special losses or damage are all excluded.

13.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

13.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.

13.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.

13.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.

13.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

14. Indemnity

By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

15. Variation

We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

16. Assignment

We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

17. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

18. Waiver

Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

19. Third Parties

These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

20. Entire Terms & Conditions

These terms & conditions set out the entire agreement and understanding between you and us.

21. The Consumer Rights Act 2015

These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.

22. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

23. Jurisdiction

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Our contact details are as follows:

Danielle Beck, Clinical Animal Behaviour

Email: [email protected]

  1. Our Forum

Your use of this Forum and any service contained within constitutes acceptance by you of these Terms & Conditions.

 

  1. Eligibility

You must be a minimum age of 18 to register on and use the Forum. By registering and using the Forum you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.

 

  1. Registration

3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

 

3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

  1. Specific Forum Rules

4.1 As a user you agree not to do any of the following:

  1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
  1. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
  1. Use or harvest data provided by other users in a way that they would object to.
  1. Use data provided by other users for purposes other than contacting them via the Forum.
  1. Contact other users in ways they may find inappropriate.
  1. Encourage illegal activity or activity that violates the rights of other Forum users or third parties, whether individuals or organisations.
  1. Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us.
  1. To pose as another user, third party or organisation or Control The Meerkat / Danielle Beck, Clinical Animal Behaviour employee for the purposes of obtaining user or third party information.
  1. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  1. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
  1. Reframe or repurpose the Forum or any Content on it or remove or obscure any notices or advertising provided by us on the Forum.
  1. Load or provide access to Content on the Forum or link to other content from the Forum, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
  1. Make commercial posts or comment spam or attempt to disguise such spam as Content.
  1. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
  1. Use any robot, spider, scraper or other technical means to access the Forum or Content on the Forum.

4.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Forum. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.

4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.

  1. Content Ownership

5.1 As a user you retain all ownership rights to Content provided by you.

5.2 By submitting, posting or displaying your Content on the Forum you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the Forum. This allows us to place your Content on the Forum and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post onto the Forum to ensure that they can be readily displayed for other users.

5.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the Forum or on any specific Content pages.

5.4 This licence also applies worldwide because the Forum can be accessed from anywhere in the world, at any time.

5.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Forum. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.

  1. Copyrighted Material

6.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.

6.2 Where notified of such breaches by the owner of such Content we will remove the Content from the Forum as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.

6.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

  1. Content Monitoring

Users can freely add Content to the Forum. We do not monitor or assume any responsibility for Content posted to the Forum. If at any time we decide to monitor the Forum on any occasion it does not mean that we assume responsibility for removing any Content or the conduct of any users.

  1. Termination

8.1 We may terminate your user account and all Content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time and are free to remove any Content you have created on termination.

8.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 5 and 12.

  1. Access

We take all reasonable steps to ensure that the Forum is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our fileservers or where the Forum is unavailable for any other reason, whether within or outside our direct control.

  1. Disclaimer

10.1 We are not responsible for the accuracy of any Content on the Forum, nor any advertisements placed on the Forum.

10.2 We are not responsible for any links to third party websites from the Forum and the inclusion of any link does not imply an endorsement of a third party website by us.

  1. Limitation of Liability

We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

  1. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Forum or any other service provided by us.

  1. Privacy

We take your privacy seriously. We are registered under and comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

  1. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

  1. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

  1. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you. 

  1. The Consumer Rights Act 2015

These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.

  1. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.

 

Website Privacy Policy

  1. Data Protection

We comply with the principles of the General Data Protection Regulation (GDPR) when dealing with all data received from customers or visitors to our website.

  1. Our Services

We only hold the data necessary to offer services provided on our website. We do not ask for or use more data than necessary to provide you with a proper service. This means we only process and hold data related to purchases and subsequent support related to those purchases, in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). Any processing of your data is only done to provide or perform the services or products you have purchased.

  1. Data Protection Register

Data is only used for the purposes described in our entry on the Data Protection Register.

  1. Required Period

We only hold personal data for as long as necessary. Once data is no longer needed we delete it.

  1. Card & Payment Processing Data

We use third-party payment providers to handle card and payment processing data securely. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions. 

  1. Backup & Data Storage

For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.

  1. Customer Requests

As a customer, you can at any time (and free of charge) request details of the data we hold relating to you – and you can also request any such data is amended or deleted. Please note that if you request deletion of your data, this may prevent us from offering any further support relating to your previous purchases.

  1. Email Updates

We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service. Our email service is an opt-in service only; with your prior consent required in accordance with Article 6(1)(a) of the General Data Protection Regulation (GDPR). This means to subscribe you must enter your details into the email subscription page and submit them to us.

  1. Our Promise

We never sell rent or exchange mailing lists.

  1. Data Sharing With Partners

We do not share commercial or technical data with our partners unless we have specifically sought and obtained your prior approval. Where we request such approval, we will always fully disclose how your data is used.

Please note that even when we have your specific consent, we only share data with partners that operate their own privacy policy in full accordance with the General Data Protection Regulation (GDPR).

  1. Spam

In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.

  1. Product Updates

We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.

  1. Email Content

All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.

  1. Cookies

Our website uses “cookies” to track use and allow customers to purchase from our website. Please note that these cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors or customers purchasing from our website. Please note that you are free to refuse cookies. However, for purely technical reasons this may prevent you from purchasing from our website. This is because anonymous cookies are commonly used to keep track of the contents of customers’ shopping baskets or trolleys during the checkout process. This facility ensures that the items added to (or removed from) your basket are accurately stated when you go to pay.

  1. Contact Us

If you have any questions relating to our Privacy Policy, please email us at [Insert email address here] or use our contact form.

This policy was last updated on [07/04/2021]

(c) www.compactlaw.co.uk / all rights reserved / version 13.0

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