TERMS OF SERVICE
By accessing (which includes browsing and any use, by the employment of any device or by any means), www.swalkies.com (known in these Terms as the "Website") you are agreeing to be legally bound by these terms as modified from time to time ("Terms").
1. Use of Website
The Website is owned and operated by Swalkies Ltd. Swalkies Ltd reserves the right to suspend or terminate access to the Website at any time, with or without notice or explanation.
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form ("Content") belong to Swalkies Ltd. All rights are hereby reserved.
3. Use of Content
The Website and the Content may only be used for your personal, non-commercial use.
For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out one copy of individual files on paper, but not store on any server or use on any other storage device connected to a network where the Content could be accessed by other users.
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of Swalkies Ltd. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience or distress to any person.
You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.
If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission via www.swalkies.com. Swalkies Ltd cannot guarantee that any such permission would be forthcoming or on what terms.
4. Links from other sites
We welcome third parties links. A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the Website is part of its own web site unless the third party has obtained the prior written approval of Swalkies.
Swalkies Ltd cannot be held responsible in any way for the content, operation or availability of third party websites.
Swalkies Ltd reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. Swalkies Ltd also reserves the right to change the location and nature of files within the Website without explanation or notice; it is the responsibility of the third party to check and update links.
Third parties must not deep-link to, or frame or use other techniques to enclose any part of the Website.
5. Limitation of liability and indemnity
Swalkies Ltd obtains the Content from a range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website.
While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link.
The Content should only be used for your general information and use and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances.
Swalkies Ltd does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
Swalkies Ltd shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content.
6. Submission of content to the Website
If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant Swalkies Ltd a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.
If you do not wish to grant such rights to Swalkies Ltd, you should not submit a contribution to the Website.
7. Changes to these Terms
8. English Law
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.
Standard Terms & Conditions for supply of goods and services of the Swalkies Ltd
In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2 "Customer" means the organisation or person who purchases goods and services from Swalkies Ltd;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "Specification Document" means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;
1.5 "Supplier" means Swalkies Ltd.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by Swalkies Ltd to the Customer.
3. Price and payment
3.1 We are not liable to refund fee differences that may arise due to bookings at different times, discounts etc.
3.2 Invoiced amounts shall be due and payable within 30 days of receipt of invoice, or by the day services are scheduled to be carried out (whichever is the sooner). Swalkies Ltd is entitled to withhold its services if payment of invoice has not been made according to these terms.
3.3 Should a purchase order be required for payment of the invoice, it is the purchaser’s responsibility to ensure Swalkies Ltd has the full details and agreed purchase order before the products or services are supplied.
3.4 Full payment for all training packages must be received prior to programme commencement.
3.5 All fees are non refundable, unless under extenuating circumstances as decided by Swalkies Ltd.
3.6 Returns and refunds on goods. If you are not satisfied with your purchase within 7 days of receipt of the goods, we will be happy to replace them for you or to refund your money. The cost of the goods will be refunded, so long as the goods, packaging and the labels aren't damaged. Postage will not be refunded.
If you wish to make a return please contact us in the first instance by e-mail at firstname.lastname@example.org, providing us with full details of the fault or damage. Do not return the item until you have spoken with us, as we have a number of different procedures depending on the product that has been damaged.
Once you have contacted us, and we have confirmed that we want you to return the item(s), you must ensure that the goods are appropriately packaged to ensure that they arrive in perfect condition. We strongly recommend that you get a "Proof of Posting" certificate (free of charge) from your Post Office, as you will need this to make a claim from the Royal Mail should the package be lost or damaged on its journey back to us.
4.1 For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of Swalkies Ltd and no representation written or oral, correspondence or statement shall form part of the contract.
4.2 No unauthorised use of Swalkies Ltd logo is permitted at anytime.
5. Customer obligations
5.1 To enable Swalkies Ltd to perform its obligations under this Agreement the Customer shall:
5.2 co-operate with Swalkies Ltd;
5.3 provide Swalkies Ltd with any information reasonably required;
5.4 In the event that the Customer or any third party, not being a sub-contractor of Swalkies Ltd shall omit or commit anything which prevents or delays Swalkies Ltd from undertaking or complying with any of its obligations under this Agreement, then Swalkies Ltd shall notify the Customer as soon as possible and:
5.5 Swalkies Ltd shall have no liability in respect of any delay to the completion of any project;
5.6 if applicable, the timetable for the programme will be modified accordingly;
5.7 Swalkies Ltd shall notify the Customer at the same time if it intends to make any claim for additional costs.
5.8 Customers/clients who are hoping to claim on their pet insurance schemes / fee assistance programmes for payments to the Company are strongly advised to check with their individual provider in advance that they will cover such claim.
6. Alterations to the specification document
6.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
7. Limitation of liability
7.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Swalkies Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
7.2 In no event shall Swalkies Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever to human or animal. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
8. Intellectual property rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Swalkies Ltd, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in Swalkies Ltd by the execution of appropriate instruments or the making of agreements with third parties.
9. Independent contractors
Swalkies Ltd and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Swalkies Ltd may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve Swalkies Ltd of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Swalkies Ltd.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
13. Entire agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
14. No third parties
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
15. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
16. Content; Copyright and trademark notice
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Swalkies Ltd, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Swalkies Ltd prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Swalkies Ltd reserves all rights not expressly granted hereunder. Swalkies Ltd expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
17. Registration; Customer accounts; Use of site
Certain services offered on or through the Site may require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Swalkies Ltd immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Swalkies Ltd or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by logging in and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Swalkies Ltd may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Swalkies Ltd will not be liable to you or to any third party for termination of your access to the Site.
18. Consent to collection, use & disclosure of your personal information
While Swalkies Ltd take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL SWALKIES LTD BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NET EXPOSURE, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
19. Consent to our communication with you by e-mail
By establishing a Subscriber Account with us, and each time you make a purchase through our Site, you grant permission for Swalkies Ltd to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at email@example.com.
Swalkies Ltd are not responsible for the contents or reliability of any other websites to which we provide a link. We cannot guarantee that these links will work at all times and have no control over the availability of the linked pages.