Please Read These Terms Carefully Before Using this Service
Terms Of Service
Please Read These Terms Carefully Before Using this Service The content on this website http://www.shakeyourtail.com and http://www.petstar.co.uk (the "site") and all sites using the domains shakeyourtail.com or petstar.co.uk is provided by Petstar (as a service to its customers. By using this site, you agree to these terms (Agreement). If you do not agree to them, do not use the site or access the service from it.
1. Acceptance of Terms
The Services are offered to you conditional on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Website (the Site) by Petstar (collectively, the "Terms" of Service). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms of Service apply to all users of the Petstar site. The words "use" or "using" in this Agreement, means any time a User (a person visiting/using the content/service of the site), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Petstar Services (see clause 2 below), transmit, receive or exchange data or communicate with the Petstar Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Petstar Services, for any purpose whatsoever. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Petstar resources and services.
2. The Service
The Petstar website including all content (Content) and services available through the Petstar or shakeyourtail domain name, (the "Site") is owned and operated by Petstar. Customer Relationship Management (CRM) is a web based service accessible by computers. This is a FREE & PAID FOR SERVICE provided by the site to its customers. CRM service provided by the site helps you to collect and manage client information as well as schedule. Petstar reserves the right to end its free service at any time with no prior notice to its customers. You understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from Petstar, such as service announcements, administrative messages and updates. Petstar service can be used to send out marketing emails and appointment reminders. You agree not to send unsolicited bulk e-mail messages using the Service or mentioning e-mail address or URL that is maintained by Petstar. Spamming, or the sending of unsolicited email\SMS , using an email address, URL that is maintained on the Petstar system, or directing traffic to a web page that contains any reference to Petstar is STRICTLY prohibited. Spamming will also be a violation of the Petstar Service Agreement. Petstar will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. In addition, Petstar may pursue legal action against you. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $75.00 per hour until service is restored.
3. Modifications to the Service
In order to get communication regarding the new services from this site, to access some features of the Site, like managing your account details, you will have to sign up/register and create an account. You must submit a valid email address; select a username and password during the registration process. While using Petstar you may be asked to supply additional information like phone number, residential address, email ID, etc. for verification purposes. By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose. The password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password/account. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Petstar immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party. You confirm that you are at least 16 years old (as defined by the laws of your country) to use our services. You also represent that you are not a person barred from receiving the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Petstar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Petstar has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6. User Conduct/Lawful Use
User agrees that use of the site is subject to all applicable International, National, State, and Local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Petstar for lawful purposes only.
1. Not to use Petstar's Services for illegal purposes;
2. Not to interfere or disrupt networks connected to the Petstar Service;
3. To comply with all regulations, policies and procedures of networks connected to Petstar;
4. Not to resell or transfer your access to the service to any third party;
5. To act responsibly, treat other website users with respect and not violate their rights;
6. Not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the Website;
7. Not to harvest or collect information about Users of the service without their express consent;
8. Not to solicit personal information from any one under the age of 16;
9. Not to send any unsolicited emails or texts to customers.
10. To store only the minimum amount of personal data needed to carry out business functions.
11. Not to store customer credit, debit or bank details
12. Only to store and hold personal data for as long as is required to carry out business functions.
Should petstar may find a customer to be using server resources to such an extent that he/she may jeopardize server performance and resources for other customers. In such instances, Petstar reserves the right to block\limit such User.
Petstar reserves the right to delete any User accounts that have not been logged into for 6 months or longer.
In case of any violation of these Terms, Petstar reserves the right to seek all remedies available by law and in equity for such violations.
7. Limitation of Liability
As a condition of use of the Service, and in consideration of the services provided by Petstar, User agrees that neither Petstar, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Petstar will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; or resulting from the use or the inability to use Petstar services or for cost of procurement of substitute goods and services; or resulting from unauthorized access to, deletion or alteration of user's transmissions or data; or failure of the site to store user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Petstar has been advised of the possibility of such damages.
Petstar makes no representations that the Petstar Site is appropriate or available for use in other locations. Those who access or use the Petstar Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Your Petstar account is non-transferable and any rights to your Petstar subscriber account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated. Petstar will not be liable for any claims if any information from the client database maintained by it is lost or stolen. No legal action can be initiated by the User in this regard. Regardless of any statute or law to the contrary, since the service is offered free, Petstar will not be liable to pay any claim arising out of or related to use of the Petstar Services.
In this agreement Confidential Information shall include any or all Client proprietary and confidential information furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to Petstar such as, but not limited to: technical and business information, customer lists, business plans, marketing plans or strategies, passwords or user identifications, financial information or designs. Notwithstanding the termination, expiration or cancellation of this Agreement, Petstar agrees to treat such Confidential Information as confidential for an indefinite period from the date of receipt of same, unless otherwise agreed to in writing by you. You shall keep the details of the Agreement and any such information which you may learn about Petstar, our business technology and our clientele, strictly confidential and agree not to disclose it to any third party. You agree that if Petstar suffers any loss or there is a failure from your end to meet any of these obligations above, you agree to pay us directly and immediately for any proven losses that may occur. Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned. The obligations imposed in this Article shall not apply to any information that: (a) is known to the public (through no act or omission of Petstar in violation of this Agreement); (b) is lawfully acquired by Petstar from an independent source having no obligation to maintain the confidentiality of such information; (c) was known to Petstar prior to its disclosure under this Agreement; (d) was independently developed by the Petstar; (e) Is disclosed by Client without restriction; or (f) is required to be disclosed by governmental or judicial order. The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.
The contents on this Site are copyrighted and any unauthorized use of any content on this Site may violate copyright, trademark, and other laws. You may use the service on any personal computer (PC, MAC, Tablet) for commercial use. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; Remove any copyright or other proprietary notices from the Materials; Transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
10. Disclaimer/No Warranty
Petstar service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Petstar be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any user or other third party, and/or; any errors or omissions in any content or for any loss of damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Petstar site. Petstar does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Petstar site or any hyperlinked site or featured in any banner or other advertising. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Petstar is not liable for any statements, representations or content in any public forum, blog or other interactive area, even if Petstar has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Petstar further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, links or other items contained within these materials will be accurate and complete. Petstar may make changes to these materials at any time without notice. Petstar makes no commitment to update the Materials. No oral advice or written information given by Petstar, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Petstar will be conducting periodical maintenance of its website and systems. Website service will not be available during such maintenance period. Further, Petstar is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Petstar Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with the Petstar Services.
User will defend, indemnify and hold harmless Petstar and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. This indemnification obligation will survive these Terms of Service and your use of the Petstar Site.
Petstar may give notice to you by electronic mail or by conventional mail. Notice by Petstar shall be effective on the date that Petstar makes a good faith effort to reach you. You shall give notice to Petstar as stated below. Notice by you shall be effective on the date that Petstar actually receives the notice. [email protected]
13. Intellectual Property Rights
You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Any attempt to undermine or cause harm to a Petstar server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes spamming, transmission of - malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them. Petstar may terminate users account and forfeit any fee (if collected), at any time without prior notice, if you are in breach of the terms of this Agreement. Petstar will be the sole arbiter as to what constitutes a violation of the Agreement.
15. Entire Agreement/Severability
This Agreement sets forth the entire agreement between you and Petstar in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Petstars failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
17. Governing Law
These Terms shall be governed by and construed in accordance the Laws of England, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of English/ Northern Ireland/ Scottish Laws, the laws, rules and regulations of Great Britain shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of English Courts.
18. Beta Tag
When a service is tagged with the word "Beta", this refers to the site being in a Live Testing Phase meaning that the system may still be prone to errors and may not be the final production version in which Petstar reserves the right to change at any point the appearance, functionality and performance of the website without needing to provide any notice to its users.
19. Data Backup
Petstar take regular backup of data contained within its system and also copies data offsite to reduce risk of data loss, however like any backup system, backing up data is not 100% guranteed, should data corruption occur petstar will restore the last 'working' copy.
Support is offered via email only, in some situations petstar support may provide additional support via phone and\or remote pc support, support is only avaliable to valid "Premier subscribers" and clients in "Trial".
21. Redundant Systems & Disaster Recovery
Petstar have invested in backup systems, offering another way for clients to access data, allowing us to reduce data\service loss risk.Should a major outage occur at our data centre, we may be forced to bring online our seconday systems, which normally takes a few hours to switch over, but can take upto 72 hours to migrate. However we also can not 100% gurantee our backup service will be avaliable. Clients with an active "Premier" subscription are only entitled to this service.
22. Compensation & Disaster Recovery
Should our service & redundant service be offline for more than 5 working days any valid "premier" subscriber will be entitled to a credit of the cost of a months subscription, and for every 5 complete days after this (example 5 days = 1 month, 10 days = 2 months, 15 days = 3 months), for a maximum of 15 days.Compensation will be provided in the form of credit to be used against the subscription.
23. Paid Subscriptions
If you have chosen a paid subscription you agree to enter a yearly or monthly contract with petstar.
Subscriptions can be cancelled at anytime by contating us via our support service, upon confirmation by petstar your account will be immediately downgraded.
If you wish to change your subscription service please contact us, please note their is no credit available when switching between subscriptions.
23. Paid Subscriptions with SMS
If you have chosen a subscription that includes an SMS pack this is classed as a feature, should you change your subscription to a subscription that includes a lower or no SMS then the sms balance will be reset to 0.
If you have purchased additional SMS then the account will be calculated based on this and any credits will remain in place.
24. Stored Images
You agree that Petstar are not responsible for the images uploaded to its service and are not responsible for the upkeep of images.
You also agree not to upload any image that is not owned by you.
Petstar reserve the right to modify or purge images stored on its service if is deems performance or maintenance or the service is impacted.
25. Data Protection
You agree that you are responsible for the data collected, stored or processed.
26. User Content
If you process EU Citizen data then you agree that the information you collect, store and process comply with EU Regulation 2016/679.
You are responsible as a 'Data Controller' to follow this regulation and to ensure you collect the minimum amount of data needed to operate your business.
Should you choose to “Market” your customers you agree that you have their explicit consent and agree they have the right to “unsubscribe” at any time.
Right of access Requests [info].
You agree that should a EU Citizen request a “Right of access” then you are responsible to process and provide this information to your customer. All requests must be processed without any unfounded delay and within one month.
Right to erasure[info].
Should a customer request ‘the right to be forgotten’ then you must delete all personal data relating to the customer. You also agree that you will not hold onto any personal data for longer than necessary.
More information can be found on the Information Commissioner's Office website
Document Version: 5
Reviewed: 18 January 2020