Terms of Service

Please read these Terms of Service (collectively with The Pet Retreat’s Privacy Policy, the “Terms of Service”) fully and carefully before using www.thepetretreat.co.uk (the “Site”) and the services, features, content, applications, or products used under license by The Pet Retreat Limited, The Pet Retreat Holmes Chapel Limited, Emma Brown Limited or Charlie Alvis Limited and its affiliates (“we”, “us”, “our” or “The Pet Retreat”) (together with the Site, the “Services”). The Pet Retreat Limited is a limited company, registered in England. Its registered company number is 09814371 and its registered office is Knutsford Veterinary Surgery, Manchester Road, Knutsford, Cheshire, WA16 0SX. The Pet Retreat Holmes Chapel Limited is a limited company, registered in England. Its registered company number is 10819693 and its registered office is Knutsford Veterinary Surgery, Manchester Road, Knutsford, Cheshire, WA16 0SX. Emma Brown Limited is a limited company, registered in England. Its registered company number is 10651656 and its registered office is The Pet Retreat, Manchester Road, Knutsford, Cheshire, WA16 0SX. Charlie Alvis Limited is a limited company, registered in England. Its registered company number is 08240983 and its registered office is Grove End House, Grove End, Bagshot, Surrey, GU19 5HY. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

ACCEPTANCE OF TERMS OF SERVICE.

By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated by us from time to time.

Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR A GROOMING CLUB OR OTHER AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE “AUTO-RENEWALS AND RECURRING BILLING FOR GROOMING CLUBS AND OTHER SUBSCRIPTION SERVICES” SECTION BELOW.

These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.

ELIGIBILITY

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. The Services are offered only for your use, and not for the use or benefit of any third party.

REGISTRATION

To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, including where money is spent using your up-to-date login details, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

CONTENT

DEFINITION

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Whilst we try to make sure that all Content contained in the Services (other than any user-generated content, if applicable) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

NOTICES AND RESTRICTIONS

The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services.

USE LICENSE

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

AVAILABILITY OF CONTENT

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

RULES OF CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

You shall not: (i) take any action that imposes or may impose (as determined by us) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful or inaccurate; (viii) upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

THIRD PARTY SERVICES

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

ORDERING, PAYMENTS AND BILLING

PAID SERVICES AND TERMS OF SALE

Certain of our Services, including the purchase of any products or subscriptions (such as Grooming Clubs) offered by us, may be subject to payments now or in the future (the “Paid Services”). Please see our Help / FAQ for a description of the current Paid Services, our cancellation and refund policies. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service.

You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Purchase” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We shall send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records (“Order Confirmation”).
The rights you have under these Terms of Service are personal to you and are non-transferable.

BILLING

We use a third-party payment processor, Stripe, (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available at Stripe. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

PAYMENT METHOD

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

SUBSCRIPTIONS, CANCELLATIONS AND REFUNDS

CONSUMER CANCELLATION RIGHTS

You may cancel a subscription up to 14 days after you sign up online and at a distance, only if a groom has not been undertaken. If you cancel, you will receive a full refund of the price paid for the services in accordance with our Refunds Policy (see below).

To cancel an order, you must clearly inform us, preferably:

by emailing us at groomingclub@thepetretreat.co.uk, giving us your name, address and order reference; or
by completing and submitting our cancellation form available on the Site here.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation.

REFUNDS POLICY

If you cancel an order within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive your written request. We will refund the price paid in full, however, if you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Refunds are made using the same Payment Method originally used by you to pay for your purchase, unless agreed otherwise.

AUTO-RENEWALS AND RECURRING BILLING FOR GROOMING CLUBS AND OTHER SUBSCRIPTION SERVICES

Some of the Paid Services, such as the purchase of a Grooming Club, may consist of an initial period, followed by recurring monthly charges as agreed to by you when you sign up for such Grooming Club (“Subscription Services”). The Subscription Services give you the ability to specify the minimum period you would like your pet groomed. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at our Help / FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.

SUBSCRIPTION CANCELLATION

To change or cancel your Subscription Services at any time, email us at groomingclub@thepetretreat.co.uk. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires. It is your responsibility to notify us in advance of renewal.

FAILURE TO SHOW

Should you fail to notify us more than 2 working days in advance of an appointment that you will not be attending (“Failure to Show”), a cancellation fee will be applicable. The cancellation fee will not be less than the recurring monthly charge of your Subscription Service and will not be more than the list price for a “Makeover Groom” for your breed and size of pet. Our opening times are available here.

Should you Fail to Show, we endeavour to rebook your pet at the earliest mutually convenient date and time. This groom will be charged at full price, less a 10% goodwill discount.

CURRENT INFORMATION REQUIRED

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be emailed to groomingclub@thepetretreat.co.uk. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth above.

CHANGE IN AMOUNT AUTHORIZED

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

REAFFIRMATION OF AUTHORIZATION

Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

FREE TRIALS AND OTHER PROMOTIONS

Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the Trial Offer. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at directors@thepetretreat.co.uk. Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of these Terms of Service.

TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Except as expressly noted to the contrary in these Terms of Service, and except where we have failed to provide any Services in accordance with these Terms of Service or applicable law, any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

DISCLAIMER

We make no representations concerning any Content provided by users and contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of such material or Content contained in or accessed through the Services.

We cannot and do not guarantee that any Content or the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content.

LIMITATION OF LIABILITY

Nothing in these Terms of Service shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
under Part I of the Consumer Protection Act 1987; or
for any other liability that, by law, may not be limited or excluded.

Subject to the foregoing, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant product(s) purchased in such order and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.

COMPLAINTS AND DISPUTES

You agree that any dispute between you and us regarding these Terms of Service or any order will only be dealt with by the English courts.

GOVERNING LAW AND JURISDICTION

Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with English law.

We are required by law to advise you that orders may be concluded in the English language only and that no public filing requirements apply.

MODIFICATION

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

MISCELLANEOUS

ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

ASSIGNMENT

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.