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1 THESE TERMS
Dogtastic is provided and operated by Pet Acumen Ltd (we, us). We are a company registered in England and Wales with company registration number 12889779 and have our registered office at OFFICE 7, 35-37 Ludgate Hill, London, England, EC4M 7JN. You can contact us by writing to us at contact@dogtastic.co.
These terms are important and legally binding. These terms tell you important information including how we will provide services to you, your payment obligations, and the rules for using Dogtastic. Please read these terms carefully before subscribing. By ticking “I have read and agree to the Dogtastic Terms of Service”, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not tick “I have read and agree to the Dogtastic Terms of Service” and must not use Dogtastic. We recommend that you print a copy of these terms for future reference.
You must be 18 or over to accept these terms and use Dogtastic. Dogtastic is not intended for users under the age of 18.
We will only use your personal information as set out in our Privacy Notice. Under applicable data protection legislation, we are required to provide you with certain information relating to your personal data. This includes how we process your personal data, the purposes for doing so, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice, and it is important that you read the information and terms contained in the Privacy Notice. Please note that information about pets and domestic animals does not fall within the scope of personal information, as covered in our Privacy Notice. Additionally, your personal information can be shared with state-authorities when legally required and in case there is reasonable cause to believe any animal(s) under your care are being abused.
How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us in your order. Please refer to our Privacy Notice for further information about marketing communications.
We may make changes to these terms. We may need to make changes to these terms to reflect changes in law, best practice, or for the implementation of additional features which we introduce. We will give you at least 30 days’ notice of any change by writing to you at the email address associated with your account. If you do not accept to be notified in this manner, you will not be permitted to continue to use Dogtastic. Should this occur, you may contact us to end your subscription and receive a pro-rata refund equal to the amount reflecting the period that Dogtastic has been available to you prior to cancellation. Please see section 5 Ending Your Subscription for further information.
2 THE DOGTASTIC SERVICE
Dogtastic is a subscription service for receiving advice from professional veterinarians by way of video and text communication, provided via our website www.dogtastic.co (the Website).
Dogtastic is not intended to replace your local veterinary practice. Our vets can provide 24/7 advice on ad hoc queries, without the need to book an appointment with your local veterinary practice or pay an individual consultation fee. However, our vets can only advise based on what you tell them or show them using the text or video chat options using our Website. They cannot conduct an in-person examination of your dog or prescribe medicines or administer treatment.
We only provide our services to subscribers in the United Kingdom (UK). Our website is solely for the provision of our services to individuals (and their dogs) in the UK. Unfortunately, we do not provide services outside the UK.
Your subscription includes access to advice for up to three dogs in the same household. You can register a maximum of three dogs to your account. All the dogs registered to your account must reside within your household at the same address. Our vets will only provide advice relating to dogs which you have registered using your account.
We do not provide advice on certain dog breeds. We do not provide services to owners of Pit Bull Terriers, Japanese Tosas, Fila Brasileiros or Dogo Argentinos. We will not accept the registration of any of these breeds of dog, and our vets will not provide advice on any of these breeds of dog.
You must provide us with complete and accurate information. We need certain information from you so that we can supply our services to you, for example, information about your dog’s age, breed, and weight. If you do not provide us with this information, or if you give us incomplete or incorrect information, we reserve the right to suspend or withdraw your access to Dogtastic until we have complete and accurate information. Should we determine that additional information is necessary, we will request the same. We reserve the right to suspend or terminate access to Dogtastic in case information is not provided within a reasonable time after clarification is requested by us.
You must keep your account details safe. You will choose or receive a password for you to use to access Dogtastic. You must treat your password as confidential, and you must not disclose this information to any third party. If you know or suspect that anyone other than you know your password, you must promptly change your password or notify us at contact@dogtastic.co.
You are solely responsible for securing and backing up your content and data. We recommend that you back up any of your own content and data used in connection with Dogtastic, to protect yourself in case of problems with the Website.
We may update or change Dogtastic. From time to time, we may change the Website or how we provided the Dogtastic service to improve performance, enhance functionality, remove unused features, reflect changes to our business priorities or relevant laws and regulatory requirements, or address security issues.
We may suspend Dogtastic. We may have to suspend the supply of the Dogtastic service in order to make updates and changes as described above. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If the service has been or will be suspended for 14 days or more then you may contact us to end your subscription and receive a pro-rata refund, which will reflect the period that Dogtastic has been available to you prior to cancellation. Please see section 5 Ending Your Subscription for additional details.
We may withdraw Dogtastic. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our shutting down the service and will provide you with a pro-rata refund, which will reflect the period that Dogtastic has been available to you prior to withdrawal of the service.
Support. If you want to learn more about Dogtastic or have any problems using Dogtastic please consult our support resources at https://faq.dogtastic.co or email us at support@dogtastic.co.
3 RULES FOR USING DOGTASTIC
You must not use Dogtastic for commercial or business purposes. Dogtastic is made available to you for your domestic and private use only.
You must treat our veterinarians with respect. You must not bully, insult, intimidate, harass humiliate, or otherwise verbally abuse our vets.
You must not abuse our service. Dogtastic provides unlimited access to our vets, within reason. You must not abuse (or accidentally use) substantially more than a reasonable amount of our vets’ time. We reserve the right to limit or remove your access to Dogtastic, with no liability to you, where your level of usage or projected usage is considered by us, at our absolute discretion, to be unreasonable or significantly in excess of what we would expect from a typical subscription.
You may use Dogtastic only for lawful purposes. You must not use Dogtastic:
You must not hack Dogtastic. You must not:
By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Dogtastic will cease immediately.
Failure to comply with these rules constitutes a material breach of these terms upon which you are permitted to use Dogtastic. In such a case, we may take any action deemed reasonably appropriate, which may include immediate temporary or permanent withdrawal of your access to Dogtastic or legal action against you. We may bring legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach.
4 SUBSCRIPTION AND PAYMENT
Your subscription and access to Dogtastic will begin, and these terms will come into effect, when we send you an email confirmation after you have registered an account with Dogtastic, provided payment details, and indicated your agreement to these terms. The subscription term is 1 year from the date of this email confirmation plus any 7-day free trial period.
The cost of one year’s access to Dogtastic is £96. We may agree to a discounted price of £24 for your first year’s subscription.
Your subscription may start with a 7-day free trial which is intended to allow new subscribers to try Dogtastic without incurring any upfront costs. Free trial eligibility is determined by us at our sole discretion, and we may limit eligibility, including to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold if we determine that you may not be eligible or may be abusing the free trial in any way. If you have already registered an account with us, you may not be eligible for a free trial. We may use information such as device ID, method of payment, or an account email address to determine eligibility.
Your subscription will automatically renew each year for £96. If you do not cancel your subscription in accordance with section 5 below, your subscription will auto renew at the full price one year after your first payment. The payment of £96 will be taken automatically by direct debit on or shortly after this date.
Payment will be taken by our payment processor Stripe using the payment details that you submit to us when you register an account with Dogtastic. We accept payment with Visa, Mastercard, American Express, Discover. Please note that Stripe’s Terms and Conditions may also apply and we recommend that you familiarise yourself with the same. Payment will be taken by way of direct debit at the end of any free trial period and when your subscription automatically renews each year unless you cancel your subscription.
We may increase subscription payments. From time to time, we may increase the price of Dogtastic and thereby increase your subscription payments. We will always notify you in writing to the email address registered to your account at least 2 months in advance before any such increase takes place to provide you the opportunity to cancel.
5 ENDING YOUR SUBSCRIPTION
How to cancel your subscription. To cancel your subscription and end your contract with us, please let us know by emailing us at contact@dogtastic.co or by following the links to cancel your subscription in your account page.
14-day cooling-off period. For most services bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days from the day after the contract becomes legally binding and receive a refund.
Cancelling your subscription during the cooling-off period. The contract between us becomes legally binding as soon as payment is taken, and we email you our confirmation of your subscription. You have 14 days from this date to cancel and you do not have to give us a reason for cancelling. If you cancel during this time, we will end your subscription and your access to the services and provide you with a full refund of any amounts paid.
Cancelling your subscription and obtaining a partial refund. If you cancel your subscription after the 14-day cooling-off period and request a refund for any of the reasons set out below, then we will refund part or all of your most recent subscription payment. The amount that we refund you will depend on the proportion of the year for which you had access to Dogtastic. The reasons are:
Cancelling your subscription for any other reason. Any cancellation other than as described above will be effective at the end of the current subscription term. Once we receive your cancellation, we will stop taking annul payments. You will continue to have access to Dogtastic until the end of the subscription year when your next payment would have been due.
How and when any refund will be made. We will make any refunds due to you by the method that you used for payment and as soon as possible.
6 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in Dogtastic belong to us or our licensors. We are the owner or the licensee of all intellectual property rights on the Website and in the material published on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The Website. You may print or download extracts of any content from the Website for your personal use. However, you must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use the Website or any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Rules about linking to the Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However:
We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on the Website other than that set out above, please contact contact@dogtastic.co for approval.
Our trademarks are registered. Dogtastic is a UK registered trade marks of Pet Acumen Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as expressly permitted under these terms.
7 OUR RESPONSIBILITY TO YOU
Your legal rights. We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015, which stipulates:
Nothing in these terms will affect your legal rights.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
How to tell us about problems. If you have any questions or complaints about Dogtastic, including any issues related to the Website or payments, please contact us at support@dogtastic.co.
We are not responsible for business losses. We only supply services for domestic and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for viruses. We do not guarantee that the Dogtastic platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Dogtastic. You should use your own virus protection software.
We are not responsible for ensuring that the Dogtastic service will meet your individual requirements. Please check that Dogtastic is suitable for you. Dogtastic’s service offering has not been developed to meet your individual requirements. Please check that the facilities and functions of Dogtastic as described on the Website meet your requirements. We are not required to refund you if you subscribe to Dogtastic even though the service is unsuitable for you.
We are not responsible for events outside our control. If our provision of Dogtastic or support for Dogtastic is unavailable or delayed by an event outside our control, then we will take steps as soon as possible to minimise the effect of the problem. We will not be liable for unavailability or delays caused by the event but if the unavailability or delay has or is expected to persist for 14 days or more then you may contact us to end your subscription and receive a pro-rata refund, which will reflect the period that Dogtastic has been available to you prior to cancellation. Please see section 5 Ending Your Subscription for further information.
We are not responsible for other websites you link to. Dogtastic may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
8 WHO MAY HAVE RIGHTS UNDER THIS CONTRACT
We may transfer this agreement to someone else. We may transfer all our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may then you may contact us to end your subscription and receive a pro-rata refund, which will reflect the period that you have been subscribed to Dogtastic prior to cancellation. Please see section 5 Ending Your Subscription.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Third parties do not have rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of these terms. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
9 HOW THESE TERMS MAY BE ENFORCED
We may end or suspend your rights to use Dogtastic if you break these terms. We may permanently or temporarily disable your account and suspend or end your rights to use Dogtastic at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms. This includes if you do not make payment when it is due or if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service. We will contact you to tell you that we are doing this. We will not provide any refund under these circumstances. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If a court finds part of this contract illegal, the rest will continue in force. 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.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us when you are supposed to and we continue to provide you our services, we can require you to make the payment at a later date.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. If you would like to engage in the alternative dispute resolution process, please do contact us and we can provide you with the details of our recommended provider. This does not affect your statutory rights.
These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any disputes brought following or in relation to this agreement. If you are a resident or consumer in Northern Ireland or Scotland then you may also bring proceedings in Northern Ireland or Scotland, as applicable.
