These terms (the "Terms") set out the terms on which we agree to licence you to use the Sure Petcare App (the “App”) and by clicking to accept these Terms you are creating a legally binding agreement between you and SureFlap Limited of 7 Irwin Centre, Scotland Road, Dry Drayton, Cambridgeshire, CB23 8AR, UK ("Licensor", "us" or "we").We license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider ("Appstore"), from which you downloaded the App ("Appstore Rules"). We do not sell the App to you. We remain the owners of the App at all times.
IMPORTANT NOTICE:BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS, WHICH WILL LEGALLY BIND YOU. THESE TERMS INCLUDE, IN PARTICULAR, THE PRIVACY POLICY DEFINED IN CONDITION 3.1 AND LIMITATIONS ON LIABILITY IN CONDITION 8.
You should print a copy of these Terms for future reference.
1 THE SERVICE
1.1 We provide various services through the App, including some or all of control over the Microchip Pet Door Connect settings, reports of pet movements through the door, identification of pet location inside or outside the home, and notifications (the “Service”). These Terms apply to our performance, and your use, of the Service.
1.2 In order to use the Service, the App will need to collect certain data and/or you will need to submit data through the App concerning your pet from the Microchip Pet Door Connect (“Pet Data”).
1.3 By using the App to collect Pet Data or by submitting Pet Data through the App you confirm that you are the owner of the pet in question or that you have the authority of the owner or other appropriate authority to use the Service in relation to that pet and to disclose the Pet Data through the App.
1.4 The reports and status notifications that form part of the Service are based on data received and interpreted from the Pet Door Connect, including pet proximity detection, microchip or collar tag identification, and detected movements of the door itself. Under most normal circumstances the interpretation of such data into pet movement and location will be accurate. However, unusual operation of the pet door by a pet or other unintended use of the pet door may result in incorrect interpretation. Other causes of inaccurate pet movement and location reports may include:• A pet entering or exiting a house without going through the pet door, for example through an open window or door.• A pet leaving the house through the pet door where the microchip or collar tag is not read reliably, leading to an unidentified exit event. You expressly acknowledge that the reports of pet location and movement may not be accurate. We expressly disclaim any liability for loss, damage or costs that you may incur as a result of inaccurate movement or pet location reports. Furthermore, we do not accept any liability for any veterinary fees that you may incur as a result of the app or service.
1.5 Pet location is interpreted by tracking movements through the pet door. If a pet enters or exits a house without going through the pet door, for example through an open window or door, then the pet location will not be accurate. We expressly disclaim any liability for loss, damage or costs that you may incur as a result of inaccurate pet location reports.
1.6 Fast exit. Unidentified movement
1.7 Any information, guidance or advice suggested through the Service will be based on the Pet Data that you provide. Therefore, it is your responsibility to ensure that all the information that you provide is complete and accurate, to the best of your knowledge.
1.8 The information, guidance and advice that you receive through the Service will be based on the Pet Data. As such, it may not be applicable generally or in relation to any other animal and you should not apply the information, guidance or advice you receive to any animal other than the pet in question.
2 REGISTRATION AND USER ACCOUNTS
2.1In order to use the App and the Service, you need to register an account (“Account”) with us and provide certain details about you and your pet(s) (your “Account Details”).
2.2 You must keep your Account Details (including, but not exclusively, your contact details) up to date and accurate at all times.
2.3 Each Account is for use by a single user only. You are not permitted you to share your user name and password with any other person.
2.4 You are responsible for ensuring your passwords and login details are kept securely, and therefore you will be responsible for all activity on your Account. You must notify us immediately if you become aware of any unauthorised use of your password or Account.
2.5 You acknowledge and agree that we have no obligation to accept any request to register an Account and may refuse to open any Account for any reason in our sole discretion.
3 USE OF DATA
3.1 Any information, including personal data and Pet Data, you submit through or that is collected by the App, and all electronic communications between you and us, are governed by our Sure Petcare App Privacy Policy which can be accessed from the Sure Petcare App, the terms of which are incorporated into these Terms by reference. PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT SETS OUT WHAT DATA WE COLLECT FROM YOU AND WHAT WE DO WITH IT.
3.2 By registering an Account with us, you agree that we may send you communications by telephone or email in relation to your Account or the Service. We may communicate with you by telephone or by email (using the details you provide to us in your Account Details), by posting notices on the App, or by sending you a message through the App(s), and you agree that any such email, notice or message will be deemed communication “in writing” for legal purposes.
3.3 In certain circumstances, we may be required by law or regulation to disclose certain information that you provide. This includes, without limitation, in the event that there is a suspicion of animal abuse (including neglect) or any illegal or criminal activity.
3.4 For the avoidance of doubt, although we hold and use personal data and Pet Data to provide the Service, we are under no obligation to retain any personal data, Pet Data or any other data for any particular length of time.
3.5 By accepting these Terms you hereby assign to us absolutely all of your rights, title and interest in and to the Pet Data. To the extent such assignment is not effective, you hereby grant us a perpetual, irrevocable, non-exclusive, payment-free, worldwide, transferable right and licence, with the right to grant sub-licences, to hold, aggregate, process, sell and use for any purpose whatsoever all or any part of the Pet Data.
4 SERVICE LEVELS
4.1 We will use reasonable endeavours to make the Service available 24 hours a day seven days a week. However, we do not warrant that your use of the Service will be uninterrupted or error-free, or that the Service or the information obtained by you through the Service will meet your requirements or achieve any specific results.
4.2 Access to the App and/or the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4.3 You acknowledge and agree that we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5 TERMINATION OF SERVICE
5.1 We may cancel, terminate or suspend the Service or your Account at any time without notice or obligation to you.
5.2 You may cancel your Account at any time by notifying us in writing. If you cancel your Account, you will not be able to use the Service until such time as you open another Account.
5.3 We reserve the right to keep all Pet Data you have provided through the Service following cancellation, termination or suspension of the Service or your Account.
6 YOUR USE OF THE APP
6.1 Provided that you comply with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install a copy of the App(s) on any compatible device that you own or control and to run such copy of the App(s) for your own personal use in accordance with these Terms.
6.2 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any new terms.
6.3 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices on to which you have downloaded the App ("Devices"). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these terms for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
6.4 Except as expressly set out in these Terms or as permitted by any local law, you agree:
6.4.1 not to use the App or the Service for any commercial purpose;
6.4.2 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
6.4.3 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
6.4.4 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; and
6.4.5 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing.
6.5 You must:
6.5.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
6.5.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, (to the extent that such use is not licensed by these Terms);
6.5.3 not transmit any material that is defamatory, offensive or otherwise objectionable or knowingly inaccurate in relation to your use of the App or any Service;
6.5.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
6.5.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
7 THIRD PARTY LINKS
7.1 Certain content, products and services available on the App and through the Service may include materials from third parties.
7.2 Third party links on the App may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
7.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
8 LIMITATION OF LIABILITY
8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
8.2 We only supply the App and Service for domestic and private use. You agree not to use the App or Service for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in connection with your use of the App or Service.
8.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in condition
8.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you accepted these Terms.
8.5 Our maximum aggregate liability under or in connection with these Terms (including your use of any Service) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50. This does not apply to the types of loss set out in condition.
8.6 Nothing in these Terms shall limit or exclude our liability for:
8.6.1 death or personal injury resulting from our negligence;
8.6.2 fraud or fraudulent misrepresentation; or
8.6.3 any other liability that cannot be excluded or limited by English law.
9 OTHER IMPORTANT TERMS
9.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.2 The terms govern the relationship between you and us and are not enforceable by any other person.
9.3 Neither your nor our failure to exercise or enforce any right or provision of these Terms shall be deemed a waiver of such right or provision.
9.4 These Terms (and your use of the App and the Service) shall be governed and interpreted in accordance with English law and you and we both agree to submit any disputes arising out of or in connection these Terms and from your use of the App or the Service to the non-exclusive jurisdiction of the English courts.
10 CONTACT
10.1 If you have any questions or complaints about the Service or about these Terms, please send us a message via our contact form, by email to enquiries@sureflap.co.uk or write to us at the address below:
SureFlap Ltd
7 The Irwin Centre
Scotland Road
Dry Drayton
Cambridge
CB23 8AR
UK
