Terms and Conditions

Use and Content

• Intellectual Property

• Your Account

• Website information and availability

• Other promotions, vouchers and competitions

• Limitations

• Right to suspend or cancel your registration

• Our liability

• Written communications

• Notices

• Events outside our control

• Waiver

• General

• User Generated Content Policy

• Content standards

• Suspension and termination

These Terms and Conditions govern your use of the website accessed through www.barkersshopfordogs.co.uk (the “Website”). Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions. Please note that to access certain areas of the Website, you may be required to register as an authorised user of the Website.

1. Intellectual Property

1.1 The copyright and all other intellectual property rights in and to the Website and any and/or all of the material on the Website are either owned by us or are included with the permission of the owner of the rights or have been uploaded pursuant to the User Generated Content Policy set out below. As a visitor to the Website, you may download a single copy of each piece of material contained on the Website for your own private viewing purposes only, provided you keep intact all and/or any proprietary notices.

1.2 Subject to Condition 1.1 above, no copying of either the Website and/or any and/or all of the material contained on the Website or distribution for any commercial or business use is permitted without our prior written consent. You may not include a link to the Website or display the contents of the Website surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.

1.3 No licence is granted to you in these Terms and Conditions to use any of our trade marks whether registered or unregistered or those of our group of companies.

2. Your Account

2.1 If you use part of the Website that requires registration, you are responsible for (1) maintaining the confidentiality of your account and your password and (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.

2.2 You must ensure that the details provided by you on registration at the Website or at any time are correct and complete.

2.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

2.4 People aged under 18 may use the Website only with the involvement and supervision of a parent or guardian. By using the Website you agree you are aged 18.

3. Website information and availability

3.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. The Website is provided “AS IS” with warranties excluded to the fullest extent permissible by law. Subject to condition 5 below, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.

3.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

4. Other promotions, vouchers and competitions

4.1 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.

4.2 Coupons, discounts and promotional discount codes (including any price match policy) offered in Barkers for Dogs stores are valid only for use as part of a purchase made in Barkers for Dogs stores, unless otherwise stated.

5. Limitations

5.1 You may not use the Website for:

5.1.1 transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

5.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;

5.1.3 gaining unauthorised access to other computer systems;

5.1.4 interfering with any other person’s use or enjoyment of the Website;

5.1.5 breaching any laws concerning the use of public telecommunications networks;

5.1.6 interfering or disrupting networks or websites connected to the Website; or

5.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

5.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website. If you upload or submit material to the Website you agree to comply with the User Generated Content Policy set out below.

5.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:

5.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

5.3.2 any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature;

5.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you;

5.3.4 any breach by you of the User Generated Content Policy.

6. Right to suspend or cancel your registration

6.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.

6.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.

6.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party’s rights or liabilities.

6.4 Conditions 1 and 5 of these Terms and Conditions shall survive cancellation.

7. Our Liability

7.1 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill, opportunity or reputation, loss of business, business interruption, loss of anticipated savings, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.

7.2 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.

7.3 Nothing in these Terms and Conditions shall exclude or restrict our liability:

7.3.1 for death or personal injury caused by our negligence;

7.3.2 under section 2(3) of the Consumer Protection Act 1987;

7.3.3 for fraud or fraudulent misrepresentation; or

7.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.4 We shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data,or (c) a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it even if we have been advised of the possibility of such damages unless resulting from our gross negligence.

8. Written communications

8. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. Notices

All notices given by you to us must be given to Barkers for Dogs at Epsom Avenue, Stanley Green Trading Estate, Handforth, Cheshire, SK93RN. We may give notice to you at either the email or postal address you provide to us or in any of the ways specified in condition 8 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

10. Events outside our control

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).

10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

10.2.1 strikes, lock-outs or other industrial action;

10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

10.2.5 impossibility of the use of public or private telecommunications networks; or

10.2.6 Systems affected as a result of computer hacking or virus

10.2.7 the acts, decrees, legislation, regulations or restrictions of any government

11. Waiver

11.1 If we fail, at any time to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 9 above.

12. General

12.1 The use of the Website and these Terms and Conditions are governed by English law. Any dispute arising from, or related to, such use and/or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

12.2 A person who is not a party to these Terms and Conditions shall have no right to enforce any term of them under the Contracts (Rights of Third Parties) Act 1999.

12.3 If any provision of these Terms and Conditions are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

12.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions to any third party at any time.

12.5 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions except with our specific prior written permission in writing.

12.6 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.

12.7 We will endeavour to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.

12.8 Barkers for Dogs is a trading name for Pets at Home Limited ( who own and operate this Website on its behalf) and is a company registered in England and Wales under company number 01822577. Our VAT number is 616 4317 54. Our registered office is Epsom Avenue, Stanley Green Trading Estate, Handforth, Cheshire, SK9 3RN.

User Generated Content Policy

By uploading any material, comments, photographs, pictures, posting, content or feedback (together “Your Content”) to our Website you agree to comply with the following terms and conditions.

1. You agree that we can use the Your Content on the Website and for any other advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.

2. You grant us (including our advertising agencies and promotion agencies and all parts of our business including all companies in our Group)(together “Our Family”) the unrestricted, perpetual, worldwide, transferable, royalty-free right and licence (with a right to sub licence) to display, exhibit, transmit, reproduce, record, digitize, modify, alter, adapt, and otherwise use Your Content (including, all intellectual property rights in Your Content) in connection with the marketing, advertising and promotion of our businesses and brands.

3. You agree to comply with the Content Standards set out below.

4. You must be 18 years of age to post content on our Website. You warrant to us that you are 18 years of age or over.

5. You also warrant to us that

5.1 you own all rights in Your Content or otherwise have the right to submit Your Content to us;

5.2 Your Content does not violate or infringe upon the rights of any third party (including, any intellectual property rights or privacy);

5.3 in the case of content that features images or pictures of pets the consent of the pet owner has been obtained before submitting Your Content and any persons identified in Your Content have consented to the submission of Your Content for use in accordance with these terms and conditions; and

5.4 no consent or authorization from any third party is required in connection with our use.

6. You hereby agree to defend, indemnify and hold us and Our Family harmless from and against any and all losses, and all claims by third parties, resulting from your breach of any of the these terms and conditions.

7. You agree to waive any moral rights in Your Content and shall ensure that any other person who provided any part of Your Content to you has waived any moral rights they have in it.

8. We reserve the right to remove any of Your Content and the vary these terms and conditions and any promotion connected to the uploading of Your Content at any time at our discretion and without notice to you.

Content Standards

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any of Your Content contribution as well as to its whole.

Your Content must:

• Be accurate (where it states facts).

• Be genuinely held (where it states opinions).

• Comply with applicable law in the UK and in any country from which they are posted.

Your Content must not:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful or inflammatory.

• Promote sexually explicit material.

• Promote violence or animal cruelty.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that they emanate from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of our Terms and Conditions through your use of our Website. When a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with the Content Standards constitutes a material breach of the Terms and Conditions of use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Website.

• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

• Issue of a warning to you.

• 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 the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude our liability for actions taken in response to breaches of our Terms and Conditions. The responses described in this Policy are not limited, and we may take any other action we reasonably deem appropriate.

Photo Promotions

1. Once a month we will select the Best Barker from the photos submitted to our Barker for Dogs Website (“Website”) based on the happiest looking dog.

2. If you submitted the photograph of the wining Best Barker you will win a dog toy up to the value of £10 as a prize to reward the very Best Barker. Prizes are subject to availability and we reserve the right to substitute the prize for another one of similar value.

3. We will contact you via e-mail to let you know that you have won and you may collect your prize in-store within 30 days of notifying you that you have won.

4. We will feature your photo featuring the talented dog on our Website identified as the winner.

5. No purchase is necessary and there is no cash alternative to the prize.

6. By entering this promotion by uploading your photo you agree to be bound by these terms and conditions and the TERMS AND CONDITIONS FOR UPLOADING PHOTOS TO THE BARKERS FOR DOGS WEBSITE set out below (together the “Terms”)

7. We reserve the right to withhold the prize where we reasonably believe that you have breached any of the Terms.

8. We reserve the right to vary the Terms and/or withdraw the promotion at any time at our discretion and without notice to you.

9. The winners may be required to take part in promotional activity related to the promotion and you agree to participate in such activity on our reasonable request.

10. This offer is promoted by Barkers for Dogs, Epsom Avenue, Stanley Green Trading Estate, Cheshire, Handforth, SK6 5JZ.

By submitting your photo you agree to the TERMS AND CONDITIONS FOR UPLOADING PICTURES TO THE BARKERS FOR DOGS WEBSITE. In order to use your submitted photograph(s) and other accompanying materials (collectively, the “Photo”) on our Barkers for Dogs Website (“Website”) and elsewhere we need a right to do so. Therefore by uploading your Photo you agree that we can use the Photo on the Website and for any other advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.

So when you upload the Photo, you grant us (including our advertising agencies and promotion agencies and all parts of our business including all companies in our Group) (together “Our Family”) the unrestricted, perpetual, worldwide, transferable, royalty-free right and licence (along with the right to sub-licence) to display, exhibit, transmit, reproduce, record, digitise, modify, alter, adapt, and otherwise use the Photo (including, all intellectual property rights in the Photo) in connection with the marketing, advertising and promotion of our businesses and brands. As the Photo will be displayed on our Website and marketing material which will be in the public domain you need to ensure that only suitable material is uploaded.

Photos must not:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, discriminatory, illegal, hateful or inflammatory.

• Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

We reserve the right to remove any Photo and vary these terms and conditions and any promotion connected to the uploading of your Photo at any time at our discretion and without notice to you. In addition to make sure you have the right to submit the Photo you warrant to us that:

• you are of at least 18 years of age;

• you own all rights in the Photo or otherwise have the right to submit the Photo to us;

• the Photo does not violate or infringe upon the rights of any third party (including, any intellectual property rights or privacy);

• the consent of the dog owner has been obtained before submitting the Photo and the owner and any persons identified in the Photo have consented to the submission of the Photo for use in accordance with these terms; and

• no consent or authorisation from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold us and Our Family harmless from and against any and all losses, and all claims by third parties, resulting from your breach of any of these terms and conditions. You agree to waive any moral rights in the Photo and shall ensure that any other person who took the Photo has waived any moral rights in it.

Privacy Policy

• Your consent

• What information do we collect and why?

• How we protect your information

• Statement on the use and disclosure of Personal Data

• Your rights

• Cookies

• Access Rights

Barkers for Dogs is committed to protecting and respecting your privacy. This policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Your consent

By using our Website, you understand and agree that personal information you provide through the Website will be held on a database created and operated by us, our group of companies and/or other selected third parties.

What information do we collect and why?

When you upload user content, enter a prize draw/competition, sign up or register with our Website you will be asked for some essential information including your title, first name, surname, postal address, email address, telephone. These are collected to help us:

• Understand your needs and listen to your feedback via market research/shopping analysis, customer polls and surveys;

• Enhance your shopping experience by delivering a more personally tailored offer;

• Run our prize draws/competitions and promotions;

• Identify and display your user content;

• Respond to any issues or queries via the customer service advisor teams; and/or

• Notify you about changes to our service.

We will also automatically collect data such as dates and times of your visits to the Website.

How we protect your information

We endeavour to protect your information by:

• Keeping your information up-to-date and accurate. Please note that, to do this, we require you to tell

us if any of your details such as your name or address change;and

• Having in place strict security procedures for the storage and disclosure of your information to prevent

unauthorised access.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to and/or through the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Statement on the use and disclosure of Personal Data

We may send you by sms, email or post, details on offers, products, reminders and services which may be of interest to you. We may also telephone you to discuss your experience in store, spa bookings, product queries or for market or service research. We may also permit selected third parties to use your data to provide you with information about goods and services which may be of interest to you and they may contact you about these by post or telephone. They may also contact you by email or SMS where you have consented to receiving such communications. We may monitor or record telephone calls to ensure our quality standards are maintained and for fraud prevention purposes. We may disclose your personal information to any member of our group companies and our charity and also to affiliated companies and other selected third parties for the purposes described above.

We may disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal

data to the prospective seller or buyer of such business or assets;

• If we or substantially all of our assets are acquired by a third party, in which case personal data held

by us about our customers will be one of the transferred assets; or

• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation,

or in order to enforce or apply our Terms and Conditions or agreements or contracts between us or to protect

the rights, property, or safety of our group companies, our customers, or others. This includes exchanging

information with other companies and organisations for the purposes of fraud protection, credit risk reduction

and our investigations including customer complaints and claims.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise your right not to receive marketing information at any time by clicking the link on the bottom of each email or contacting our customer service team on 0800 328 4204.

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Cookies

In order that we can monitor and improve the Website, we may gather certain information about you when you use it, including details of your domain name and IP (Internet Provider) address, operating system and browser. A cookie is an element of data that a website can send to your browser, which may then store it on the hard drive of your computer. Cookies allow us to understand who has seen which pages and advertisements on the Website and to make the Website more user friendly by, for example, allowing us to save your Website password so that you do not have to re-enter it every time you visit. We use cookies so that we can give you a better experience when you return to the Website.

Cookies are used to enable you to register and log on to the Website. Most web browsers automatically accept cookies. You do not have to accept cookies and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie. This will give you the opportunity to decide whether to accept it or not. We may also use cookies to provide you with customised information from the Website.

Access Rights

You have a right to access the personal data about you that is held by us. To obtain a copy of the personal information we hold about you, please write to us at the following address: Barkers for Dogs c/o Pets at Home Ltd, Epsom Avenue, Stanley Green Trading Estate, Handforth, Cheshire SK9 3RN, enclosing your postal details and a cheque for £10 payable to Pets at Home Limited to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. If you have any queries about data protection, please contact us on 0800 328 4204. For the purposes of the Data Protection Act 1998 (the “Act”), the data controller is Pets at Home Limited of Epsom Avenue, Stanley Green Trading Estate, Handforth, Cheshire SK9 3RN.

Golden Bone Competition

1. Congratulations on finding your Golden Bone! Your Golden Bone entitles you to a free spa treatment

or groom for your dog.

2. The treatments available can be seen at Barkersfordogs.com/spa-and-groomers/

3. You can book your appointment at any time by calling the spa on 01625 415 192 or calling into the store.

Please mention that you are a Golden Bone winner at the time of booking.

4. You may book any treatment up to the value of £50. If treatments booked total more than £50, then we

will deduct £50 from your total bill.

5. If your chosen treatment costs less than £50, we will not provide any refund for the difference.

6. Your Golden Bone can only be used for spa or groom treatments in Barkers for Dogs spa and cannot

be used to purchase any goods sold in store.

7. No purchase is necessary. There is no cash alternative to this offer.

8. Appointments are subject to availability.

9. By using your Golden Bone you consent to Barkers using your name and photograph for publicity purposes.

10. This offer is promoted by Barkers for Dogs, Epsom Avenue, Stanley Green Trading Estate, Cheshire,

Handforth, SK6 5JZ.

Got your own Happy Barker?

Upload a photo of your dog for a chance to win £10 worth of Barkers products every month. Your photo will need to be a JPEG no bigger than 5MB.

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