Terms & Conditions
We are Daby Holdings Ltd, 24 Holborn Viaduct, London, EC1A 2BN, registered in England and Wales with number 11550700
Site is e-PuPz.co.uk and any subdomains and the e-PuPz apps
You are a visitor to our Site
We try to keep all that we do simple but it does have to be subject to some rules and here they are.
PLEASE READ THEM.
They’ve been written to be understood but if you don’t understand anything, contact us and we’ll do our best to explain.
WE HAVE THE RIGHT TO CANCEL YOUR MEMBERSHIP OF THE SITE AT ANY TIME, FOR ANY REASON AND THESE T&CS EXPLAIN THAT RIGHT
BY ENTERING OUR SITE OR CREATING AN ACCOUNT YOU ARE ACCEPTING THESE T&Cs
One other thing we need to say is that we do change these T&Cs from time to time and so you must always visit this page to see what changes we’ve made – we’ll assume that you have each time you contact us.
Here are the formal bits:
This page is meant to form the basis of the relationship and agreement between you and us and you agree to be bound by what it says.
There are some definitions at the bottom of the page.
Your Promises To Us
You warrant and agree that:
- you have the right to make this Agreement with us and that you are over the age of 18 years
- you will have only one Account with us
- all of the information you give to us when you open an Account is true, accurate and complete and that you are not opening the Account for anyone else
- if you have a username/breeder name on the Site, that name will not be offensive, suggest that you are someone else or that you represent a trade or brand name, suggest that you are a private advertiser if you are a breeder and you agree that we may insist that you change your username if we think it breaks this term
- if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to
- you won’t use robots, spiders, scrapers or similar things on our Site
- you won’t try to get around any things we put on the Site to stop or limit access to parts of it
- you won’t do anything that might cause our Site or System to crash
- you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application
- you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site, its System or the services it offers
- you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own
- You don’t have the right to copy or use any of the information or intellectual property on the Site, other than to use the Site, unless we give that right to you.
- Either we or our affiliates own all of the information and intellectual property on the Site.
- We have no means of assessing the ownership of any Content uploaded to the Site by Users and make no warranties that those posting that Content have the right to do so – if you believe that your Intellectual Property Rights have been breached in any way, let us know and we will remove any material which breaches those rights.
- We will have no rights in any Content you store in our System other than the rights contained in these T&Cs and you will indemnify us against all liabilities which arise as a result of your posting any material to the Site.
Your Use Of The Site
You accept that the primary purpose of the Site is to re-home animals within the UK and that we do not provide the Site to help you or your business make money.
You warrant and agree:
- that you are a private individual who will not use our service more than 2 times each year
- that you are not using the Site as part of any business you are engaged in
- that any animal you seek to re-home has not been bred by anyone other than you or on your behalf for the purposes of sale
- that you will make no profit in relation to any fee you charge for the animal you wish to re-home
You warrant and agree:
- that you have any relevant licence issued by the Local Authority to enable you to carry on your business and will provide complete and accurate information relating to that licence in your Account details
- that the details you enter in your Account are complete and accurate in all respects
- that you do not operate a pet shop or are in any way associated or connected with a pet shop if you are advertising dogs or cats for sale
Rescue Centre Account
You warrant and agree:
- that you are a bona fide registered charity or that your organisation is run completely on a “not for profit” basis
- that if we ask you to do so, you will produce a full copy of your accounts
Our Ad Posting Rules
You warrant and agree that you will comply with the following conditions when posting any advert on e-PuPz :
- Pets must be at least 8 weeks of age before they leave their mother.
- Adverts must be posted in the correct category and disclose its full breed. If the pet is a cross breed that must be stated clearly in your description and advertised in the mixed breed category.
- Photos must be of the actual pet you wish to re-home and not one from the internet or elsewhere. If advertising a litter of puppies or kittens, you must also upload photos of their mum (and dad if possible).
- If you are breeding and advertising dogs for sale and require a dog breeding license from your local council, you need to be registered as a licensed breeder on the site, and provide us with a copy of your license. If we suspect you need to be licensed and havent provided your license details, we reserve the right to decline your adverts and we may report this to your local authority.
- Any pet(s) you advertise must be owned by yourself. If you are advertising a litter of kittens or puppies, they must be owned and have been bred by yourself. We do not allow the advertising of litters of puppies or kittens that you have bought from third parties for the purpose of selling.
- Pet shop license holders are not permitted to advertise puppies or kittens for sale, unless you also hold a valid breeding license and that you have bred the pets your yourself in the UK.
- Do not advertise pets as gifts or presents, e.g. for Christmas, Easter or Valentines day.
- We do not accept adverts for “designer” pets and we will remove any advertisement which contains descriptions including words such as “micro”, “designer”, “teacup”, “pocket”, “miniature” and any other similar expressions.
- You will not advertise any banned breeds for re-homing. We will not accept advertisements for dogs of the following breeds or cross breeds: Pit Bull Terrier, Japanese Tosa, Dogo Argentino or Fila Brasiliero.
- Pets advertised must be located in the UK and the location stated on your listing is the actual location where the animal is currently and permanently housed.
- We do not allow any pets to be advertised that have been imported in to the UK for the purpose of sale. However, you may advertise older pets that you have imported legally as your own pet, but now need to rehome. You must state in the advert description, the country of birth/origin of the pet.
- Only dogs which are family pets may be advertised on the Site. You may not advertise working dogs of any nature on the Site or dogs that have been security or protection trained or whose primary role is for hunting, working or guarding.
- You may only advertise a docked dog if the dog has been docked by a vet (and you can prove this to the new owner) and/or the docking has been carried out in accordance with the The Docking of Working Dogs’ Tails (England) Regulations 2007.
- You will clearly state whether you are using the services we offer as a private individual, frequent advertiser/breeder or rescue centre.
- You will not offer live vertebrates for re-homing intending them to be used as food.
- You will not offer any pet for sale, for the purpose of breeding, for example advertising a stud dog for sale or a dog for sale that is in season.
- You must be able to show all puppies and kittens to any prospective owner with their mother and (if possible) their father.
- We do not allow pregnant pets or an pet you think may be pregnant to be advertised.
- You will not seek to swap or exchange any pet.
- You have clearly identified all health and welfare issues associated with any animal you wish to re-home.
- We do not accept adverts for any types of monkeys.
- We do not accept adverts for any wild caught animals or ay animals which come under the Dangerous Wild Animals Act.
- We do not allow adverts for pets which offer delivery or any courier service.
- We do not allow animals to be advertised as food.
- All pets for re-homing must be available for viewing at your home or place of business.
- If the pet you wish to re-home is registered with any governing body, i.e. Kennel Club for Dogs or GCCF for cats, you must state the this in your advertisement and be able to provide all paperwork to verify that registration if required.
- We do not allow anyone under the age of 18 to advertise a pet for sale, adoption or stud on the website. Also, we do not allow anyone under the age of 18 to use the website to contact an advertiser. If you are advertising a pet via the e-PuPz website, you must ensure anyone adopting or buying your pet is at least 18 years of age.
- In order to meet PAAGs minimum standards, we reserve the right to refuse any advert(s) that may compromise them.
- We reserve the right to decline any adverts or ban, close or suspend any users account if we suspect you are behaving in an irresponsible way.
If you break any of the above rules, we may end all or any Adverts you have placed with us and close your Account.
If you want to benefit from the Site to its fullest extent and if we ask you to do so, you must create an Account which will contain certain personal details. When you create an Account you promise that:
- All information you submit is complete, accurate and truthful.
- You will keep this information accurate and up-to-date.
- You must enter your correct full address before placing an advert, this must include your house number, street address and postcode. We may ask you to verify your home address if we decide it is needed. However, we will not publish your address on the website.
- You will use only one account to advertise any pets you own or breed. For example you will not create and use multiple accounts under different names and addresses to attempt to hide the actual number of pets you breed or advertise.
- You will not share your Account with anyone, or advertise pets on your account on behalf of other people.
- You will keep your Account details confidential and secure.
- You will not give your password and login details to anyone else.
- You will log off when you exit the Account – to prevent unauthorised use by others.
Your Account will be closed by us if you break these T&Cs.
Your Account may be closed by us at any time, if we give you notice to that effect by email, to the last email address you used on your account or the one you last used to communicate with us.
As the service we offer is free to our users, if your Account is closed, for any reason, you will not be entitled to any form of compensation for any loss you might suffer as a result.
If you do anything which we think might be fraud or otherwise criminal in nature, we have the right to report those actions to the Police and any money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
If we ask you to, you must authenticate your email address and your personal details with us and if you change your address at any other time you must tell us and authenticate it again.
If you have not authenticated your current email address with us and/or if it cannot accept emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we may terminate your Account without notice to you.
If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
Contacting An Advertiser
You acknowledge and agree that we are not able to check the truth or accuracy of any statement made by any person advertising on e-PuPz.
You accept that you have the responsibility to verify all statements made and all documentation offered by any advertiser.
You confirm that you have read the Buying Check List we post on the Site and on every pet advert, particularly the advice we give not to send any money to an advertiser using an online service. You accept and acknowledge that we do not have any means of verifying the honesty of any advertiser and that if you do send money using an online service, we have no responsibility to you if you lose that money.
You should confirm that the advertiser is a genuine person. You can do this by visiting the pet at the advertisers home, if they make excuses or try to ask for money or a deposit without seeing the pet, or if the advertiser attempts to deliver the pet or meet you at any other location than their own home, then please do not agree to this.
When sending an email to our advertisers through our services, you accept that we cannot guarantee that the email will be delivered successfully. We do have functionality in place to prevent certain emails from being sent through our service. Also, some advertisers email accounts may mark the emails as spam and therefore may never receive the email to their inbox.
Cancellation By Us
We have the absolute right to cancel any Advert which you place on the Site and/or to cancel your Account:
- With immediate effect and without notice if we know or suspect that you have broken any of these terms and conditions; and
- with immediate effect, if we give you notice to that effect by email to you for any reason we, in our absolute discretion, think fit.
You agree that you are not entitled to any compensation should we choose to cancel an advertisement or your Account, whether with or without reason.
Cancellation By You
You agree that, for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, no “sale” is involved in the services we provide and that you have no right to cancel this Agreement.
Privacy & Cookies
We can’t promise that the Site will meet your needs, that it will work properly, that it will be fit for a particular purpose and that it will not infringe the rights of others.
We can’t promise that the Site will work with all systems, that it will be secure and that all information provided will be accurate.
Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Unless the advice is given to you as part of a paid for service we offer on the Site, you must take steps to double check that that advice is effective for you.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.
The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
Problems and Complaints
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.
We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
If you wish to raise a complaint about us or any other user, please send full details of that complaint to us using this Contact Page. If we agree that your complaint has merit we will, at our option, contact any other user involved, suspend an Advert which as caused an issue and take such other steps as we deem appropriate to resolve the complaint. We do not operate a formal complaints procedure and will deal with all complaints in the manner which we feel is the most reasonable way forward. You have various rights under these Terms and Conditions and at law and nothing in these Terms and Conditions will have any affect on any of your legal rights.
Availability of the Site
We never guarantee that the Site or the System will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, the way it operates and/or suspend it or stop it at any time.
Limitation of Liability
We have limited resources and cannot guarantee that we will respond to any message you send to us, within a specific timeframe or at all. Whilst we will always do our best to respond to you, we will have no liability if we are unable to do so.
Please bear in mind that we are a platform for the display of pets for re-homing and have no facilities for and neither do we offer any vetting service of the advertisers. We have no control over any transaction in which you are involved, neither can we verify the truth of any statements made in an Advert. Before you agree to re-home or to supply any animal you agree to take all the precautions needed to make sure that the person with whom you are dealing has been open and honest.
You enter into any transaction with any other user of this Site at your own risk.
We do not accept any liability if you are using the services we supply for commercial purposes.
On behalf of us and anyone who works with or for us (as far as we are allowed by law) we deny liability for any losses of all kinds which you incur from using the services we offer, visiting the Site and using the System.
We will have no liability on the ending of any advertisement you have placed on the Site, if either you or we terminate your Account.
If we are found to be liable for any loss you sustain, you accept and agree that our liability is limited to the direct losses you have sustained and will not include any loss to your goodwill, profit or reputation or any indirect, special or consequential losses of any nature and you agree that the maximum amount you may recover in respect of any direct losses is limited to £100.00. Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
Links to Other Websites
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
If you find any link we offer to be offensive, please let us know and we will consider removing it.
If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
Modifications of These Terms and Conditions & the Site
We’ve already said this, but we need to make it clear that these T&Cs will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.
We’ve also got the right to change the Site as and when we want to, but these T&Cs will still apply to any changes we make.
- Operative Law – this Agreement is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
- Partnership/Joint Ventures – we and you agree that this Agreement does not form the basis of any partnership or co-venture.
- Effect of Agreement – this Agreement supersedes any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
- Time of the Essence – time will not be of the essence in any part of this Agreement.
- Warranties – all parties acknowledge and agree that they have not entered into this agreement with us in reliance on anything said or promised by the other which is not in these T&Cs.
- Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do cancel it for those reasons we will refund to you a fair and reasonable proportion of any payment you have made to us.
- Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.
- Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
- Entire Agreement – these T&Cs contain the entire understanding between us.
- Account means collectively the personal/identifying information and credentials used by Users to access the services on the Site.
- Advert means any advertisement placed on the Site.
- Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
- System means the storage system or systems we use in connection with the Site.
- T&Cs means the terms and conditions appearing above.
- User means any person, firm or company using the Site for any purpose.