THESE TERMS
These terms and conditions (“Terms”) cover our Animo™ activity monitor (“Product”) and any software required to use or update Animo.
These Terms constitute an agreement between you, the customer or owner (“You”) and SureFlap Limited (“Us” or “We”) and define your rights and responsibilities that You have with respect to the Product.
Please read these Terms carefully before You use the Product. These Terms tell You who We are, how We will provide products to You, how You and We may change or end the contract, what to do if there is a problem and other important information.
ABOUT US
We are SureFlap Limited, our company registration number is 06399085 and our registered office is at Unit 7 Irwin Centre Scotland Road, Dry Drayton, Cambridge, Cambridgeshire, CB23 8AR, UK.
You can contact us by telephoning or emailing Us at 0800 012 4511 or enquiries@surepetcare.com or by writing to us at: Unit 7 Irwin Centre Scotland Road, Dry Drayton, Cambridge, Cambridgeshire, CB23 8AR, UK.
If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You provided to Us or where applicable within the mobile application for the Product.
PRODUCT USE
You may only use the Product for Your own personal, non-commercial use. As a condition to using the Product, You must sign up for an account with Us by downloading the Sure Petcare-Animo Product Application (“Application”) located at the Apple App Store and Google Play. You understand and acknowledge that the Product may not function properly if You do not keep the Application and associated account current and up-to-date.
CAUTION: The Product is not a toy. Do not allow children or pets to play with the Product. The Product contains small components that can be a choking hazard.
The Product is developed by using leading hardware and algorithms to monitor behaviour information and We are constantly improving it to calculate measurements as accurately as possible. The accuracy of the Product and Application is not intended to match medical or veterinary devices or scientific measurement devices, but is intended to give you the best information available in a wearable activity monitor device for dogs.
The Product contains a lithium battery, please follow the below guidelines in relation to the battery:
i) Do not ingest battery, pierce, cut or disassemble the battery under any circumstances – doing so may lead to a chemical burn hazard.
ii) Keep new and used batteries away from children. If the battery compartment does not close securely, stop using the product and keep it away from children. If you think batteries might have been swallowed or placed inside any part of the body, seek immediate medical attention.
iii) There is a risk of explosion if the battery is replaced by an incorrect type
iv) Please dispose of or recycle the battery properly.
OWNERSHIP
You acknowledge that all intellectual property rights in our Product, including the underlying software and technology and the information and content made available by Us on our Product or Application, are owned by Us and our suppliers, and are protected by law throughout the world. If You provide any suggestions, ideas, feedback, or recommendations to us regarding our Product ("Feedback"), we may use this Feedback for any purpose and without any obligation to You. By providing Us with Feedback, You give Us a worldwide, irrevocable, fully-paid and royalty-free licence to use and exploit in any manner any and all Feedback for the full period of such Feedback’s legal protection under any applicable intellectual property right recognised in any jurisdiction in the world.
PRODUCT CARE INSTRUCTIONS
Do not expose the Product to extremely high or low temperatures. Do not expose the Product to any flame or direct heat source as the battery may explode. Do not clean the Product with abrasive cleaning products or utensils, simply use a damp cloth and then dry, once clean. There is no need to remove battery when cleaning the Product.
You acknowledge and agree that the Warranty below will be void if You do not follow the above care instructions.
PRODUCT WARRANTY
We warrant that Your Product will be free from defects in materials and workmanship (the “Warranty”) for a period of one (1) year from the date of purchase by the original retail purchaser (the “Warranty Period"). If a defect in the Product arises within the Warranty Period, We will, at our sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective Product. This Warranty does not apply to:
i) Products you purchase from unauthorised resellers;
ii) if damage or defects are caused by You or other third party abuse, neglect, improper handling, utilisation or installation, or by failing to operate the Product in compliance with any product documentation;
iii) where the Product is used with a jailbroken or rooted mobile device;
iv) where the Product is damaged as a result of abuse, accident, unauthorised modification or other causes beyond our reasonable control;
v) consumable parts such as batteries and bands, unless such parts are damaged due to a defect in the materials or workmanship by Us;
vi) cosmetic damage, including but not limited to scratches, dents, broken plastic on parts or any physical damage to the surface of the product; or
vii) if damage or defects are caused by rough handling, deliberate or excessive liquid damage or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorised modifications or connections.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. Your statutory rights are not affected. We make no warranty that the Product will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Product or Application.
Claims process: To obtain remedies under this Warranty, You must have registered your Product for the Warranty protection. We must receive Your claim before the end of the Warranty Period and We may request that You include your proof of purchase with any claim. You shall bear the cost of shipping the Product to Us. By sending the Product, You agree to transfer ownership to Us. We may not return the original Product to You. We warrant that any repaired or replaced Product is covered for the remainder of the original Warranty Period. If the claim is justified based on this Warranty, We shall bear the cost of shipping the repaired or replacement Product to the You. Any Product returned to Us without a valid warranty claim may be rejected, returned at Your cost (subject to prepayment) or disposed of in our sole discretion.
WARRANTY EXCLUSIONS AND LIMITATIONS
The above Warranty applies only to the hardware product manufactured by or for SureFlap that can be identified by the “Sure Petcare”, “SureFlap” and/ or “Animo” trade mark, trade name, or logo attached to it, provided however, that the Warranty does not include accessories even if identified by the “Sure Petcare”, “SureFlap” and/ or “Animo” trade mark, trade name or logo. Further, the Warranty does not apply to any software, including software embedded in the Animo product, or non‐Animo hardware, even if packaged or sold with the Animo hardware.
Important: There are no serviceable parts outside of the battery in the enclosure.
Safety: It is your responsibility to exercise discretion and observe all safety measures required by law and common sense. We assume no responsibility for accidents resulting from or associated with the use of the Product. Any additional safety information and product warnings included with your Product should be followed.
LIMITATION OF LIABILITY
We do not limit our liability (if any) to You for: personal injury or death resulting from negligence; fraud; or any matter for which it would be illegal to exclude or to attempt to exclude our liability.
Subject to the above paragraph, Our total aggregate liability to You under or in connection with these Terms including the warranty liability (whether in contract, tort including negligence, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused will be limited to £1000.
We will not be under any liability (including warranty liability) to You for any of the following types of losses (whether those losses arise directly in the normal course of business or otherwise): pure economic loss; loss of profits; loss of or damage to materials stored in goods supplied; loss of business; loss of revenue; loss of contract; loss or depletion of goodwill and/or business opportunity; loss of anticipated earnings or savings or like loss; wasted management, operational or other time; or any special, indirect or consequential losses.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms that occurs as a result of any event outside of our reasonable control.
WHAT LAW APPLIES?
These Terms are governed by English law and You can bring legal proceedings in respect of the products in the English courts. If You live in Scotland, You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
