Terms and Conditions for Use and Sales Last updated 15th June 2022
SURE PETCARE – eCOMMERCE – WEBSITE TERMS AND CONDITIONS OF USE
Please read and review the following terms and conditions of use carefully before using this website. By using this website, you agree to these terms and conditions of use. If you do not agree, please exit and disregard the information contained herein.
This website is owned and operated by SureFlap Limited (“MSD Animal Health”), a company incorporated in England and Wales (registered number 06399085) whose registered office is at Ground Floor Building 2030 Cambourne Business Park, Cambourne, Cambridge, Cambridgeshire, England, CB23 6DW. MSD Animal Health is a division of Merck & Co., Inc, of Rahway, NJ, USA, known as MSD outside the USA and Canada.
2. Access to and use of this site
2.1 Access to this website, use of this website, and the purchase of products via this website is restricted to consumers located in the jurisdiction identified on the website.
2.2 You are responsible for maintaining the confidentiality of the user ID and password that you create in relation to your relevant user account that you access through this website. You are responsible for ensuring that the details you provided to us are correct and complete, and for informing us of any changes to the information you have provided. You can update and amend your details by contacting us.
2.3 You accept responsibility for all activities that occur under your user ID or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3. Products available for purchase on this website
3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.
3.2 The packaging of the products that you purchase may vary from that shown on images on our site.
3.3 We reserve the right to amend the products listed on this website from time to time in our discretion.
4. Use of this website.
4.2 If you link to this website you must ensure that you do so in a way that is fair and legal and complies with applicable regulatory rules and guidelines and that does not damage MSD Animal Health or its affiliates’ reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement by MSD Animal Health or its affiliates where none exists. Any link to this website must be deleted immediately if requested by MSD Animal Health.
5. Service Access.
5.1 MSD Animal Health reserves the right to withdraw or amend the service provided on this website without notice.
5.2 We will use reasonable endeavours to ensure that availability of this website and all functions on this website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to this website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. If at any time you are unable to access this website, please contact MSD Animal Health customer services.
6.2 In the event that MSD Animal Health does not comply with these terms and conditions, it will be responsible for loss that you suffer. However, MSD Animal Health will not be responsible for (i) any loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using this website. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and us knew it might happen.
6.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. In respect of any products sold to you via this website, this condition does not affect your legal right to have products sent within a reasonable time or to receive a refund if products ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
6.4 This website and the information contained on it is provided “as is” and without warranty of any kind. Use of this website, including any files or other data that may be downloaded from this website, is at the risk of the user and MSD Animal Health accepts no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this website. Information contained on this website regarding MSD Animal Health products is not intended to be comprehensive or intended to amount to advice on which you should rely. You should obtain relevant professional or specialist advice before taking, or refraining from, any action on the basis of the content of this website.
7. Representation. As a user of this website, you are liable for the accuracy of the information that you provide to MSD Animal Health. Should you provide us with feedback such as questions, comments, suggestions or the like regarding the content of this website, such information shall be deemed to be non-confidential and MSD Animal Health shall have no obligation of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.
9. User Generated Content. This website may include information and materials uploaded by other users of the website, including support forums. This information and these materials have not been verified or approved by MSD Animal Health. The views expressed by other users on our site do not represent our views or values and MSD Animal Health reserves the right to modify or delete any user generated content. By uploading any information or material to the website, you give MSD Animal Health permission to use, copy, store, transmit and publish such information for MSD Animal Health’s business purposes, which include operating the website, product improvement and warranty purposes. You agree that any information or materials you upload to the website shall: (a) comply with applicable law; (b) not infringe the rights of any third party; (c) not be defamatory, misleading, threatening or harmful; (d) not contain unsolicited promotional or marketing materials; and (e) not knowingly introduce or include any virus or harmful code.
14. Jurisdiction. The courts of England and Wales have jurisdiction in respect of any Dispute provided that you shall not be prohibited from bringing legal proceedings in relation to these terms and conditions in the courts of your home jurisdiction under any mandatory consumer law.
15. Consequences. MSD Animal Health reserves the right to suspend or terminate your use of this website for any reason at any time without notice. You agree to indemnify and hold MSD Animal Health harmless from and against any and all loss, damage, or expense in connection with your breach of these terms and conditions. If any dispute arises regarding this agreement or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the applicable jurisdiction of the courts in clause 14, above.
20. Product Support. If you require assistance with regards to any functionality of our products, please see the support page on the website or otherwise contact us using the information on the website.