AGREED TERMS
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 2.7 (YOUR DIRECT CONTACT WITH CUSTOMERS), 13 (YOUR OBLIGATIONS) AND CLAUSE 19 (LIMITATION OF LIABILITY).
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1. About Us
1.1 Company details. FOREVER PUPPY LTD (company number 12995970) (“we”, “us” and “our”) is a company registered in England and Wales and our registered office is at 85 Portland Street, London, W1W 7LT. We operate the website Forever Puppy (“Website”).
1.2 Contacting us. To contact us, please complete the form in the Contact Us section of the website or email us at Forever Puppy. How to give us formal notice of any matter under these Terms is set out in clause 23.
1.3 Professional indemnity insurance. We maintain professional liability insurance through Towergate Insurance Brokers, 4 Axis Court, Riverside Business Park, Swansea, SA7 0AJ. Our policy numbers are 00031761PIC and W13825221A.
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2. How we Operate
2.1 Our Terms. These terms and conditions, our Terms of Use & Acceptable Use Policy and our Privacy Policy (collectively our "Terms") set out the provisions by which you (the "Vendor", “you” and "your") are permitted to create adverts (“Advert”) to advertise the sale of puppies and dogs owned by you (“Puppies” or “Puppy” “Dogs” or “Dog”) to the registered account holders (“Customers”) of our Website and the general public. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Your Use. Your use of our Website is also governed by the above policies. Please ensure you read these policies before signing your agreement to these Terms, as they include important conditions and terms of business that will apply to you and your dealings with Customers.
2.3 Language & Jurisdiction. These Terms and the Contract are made only in the English language and are governed by English and Welsh law and we each irrevocably agree to submit all disputes arising out of or in connection with them to the exclusive jurisdiction of the English and Welsh courts.
2.4 Brexit. Unless the context otherwise requires, any reference to European Union law that is directly applicable or directly effective in the UK at any time is a reference to it as it applies in England and Wales from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on 31 January 2020.
2.5 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
2.6 Your Ability to Advertise. You need to create a Vendor account with us before you are able to advertise your Puppies and Dogs on our Website. Registering with us is free and will give you access to our Dashboard (see 3 below for details on our Dashboard and 5 below for details on how you register).
2.7 Your Direct Contract with Customers. We solely provide a platform upon which you can advertise your Puppies and Dogs to our Customers and the general public by way of paid Adverts. However, only people who have registered with our site can see your full contact details. If, during the correspondence you have with a Customer (via our messaging service) an order is placed with you for the purchase of one or more of your Puppies or Dogs, the contract (“Contract”) formed at that stage is ONE BETWEEN YOU AND THE CUSTOMER DIRECTLY. We do not operate as your agent and are in no way a party to the Contract formed. As such, your acceptance of these Terms is confirmation that we are not liable for the Contract itself, its fulfilment or any claim or dispute arising out of or in connection with it. You will, at all times, remain responsible for all representations, warranties or guarantees, whether express or implied, given in relation to the Puppies you list.
2.8 Minimum Terms. If you wish to include your own terms of sale in an Advert, you need to clearly add these to each Advert you create. However, such terms cannot be in contradiction to the Terms and these Terms will, at all times, supersede any terms you add to any Advert. Updates. The Terms may be updated from time to time.
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3. Dashboard
3.1 On our Dashboard, you can:
(a) create an Advert;
(b) manage your Adverts;
(c) buy boosts for your Adverts;
(d) upgrade to a Breeder (see 5.12 below);
(e) manage the details of your account with us;
(f) Save favourite Adverts;
(g) access our messaging area where you can correspond with Customers who have contacted you about one of your Adverts; or
(h) Contact a seller by telephone.
3.2 Please ensure that any images of a Puppy or Puppies or Dog or Dogs you upload to your Dashboard are true reflections of the Puppies or Dogs being sold. The images must be high resolution.
3.3 Please ensure that you keep up to date with all messages on your Dashboard by checking it on a daily basis.
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4. Membership Fees and Commissions
4.1 Our current fees are:
(a) Joining and set-up fee: Free
(b) Monthly Membership fee: Free
(c) A For Sale or Rehome Advert starts at £15.99 and your advert will run for 12 weeks. All adverts include Boosts and you can even choose our Premium and Premium Plus adverts.
(d) A Stud Advert starts at £15.99 and your advert will run for 12 weeks. All adverts include Boosts and you can even choose our Premium and Premium Plus adverts. (e) Wanted adverts are Free to place and will also be visible on our website for 12 weeks.
(f) For Sale or Rehome Puppy/Dog advertising fee: £15.99 for a Standard advert plus 3 boosts; £21.99 for a Premium advert plus 9 free boosts; £29.99 for a Premium Plus advert plus 18 free boosts.
(g) If you wish to purchase further boosts after your free boosts have been used, you may do so by clicking the Buy Boost button on the advert page. Boosts cost – 3 for £9.99; 9 for £16.99 and 18 for £25.99. Purchased Boosts are specific to your account, so can be used on your other Adverts.
These prices may be subject to change.
4.2 Boosts: A boost will move your Advert to the top of the All Breeds page (if sorted by date). Your Advert will remain at the top until a new advert is placed or Boosted (by you or another Vendor).
4.3 If you wish to purchase additional Boosts after your free Boosts have been used, you may do so by clicking the Buy Boost button on the Advert page. The cost of additional Boosts is set out in 4.1(f) above.
4.4 We will send you an electronic invoice for your Advert fee within 24 hours of your Advert’s approval. This invoice will include VAT at the applicable rate, if relevant.
4.5 We aim to approve Adverts submitted within 48 hours, but weekends are not included in this time period.
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5. How to Become a Vendor
5.1 You can register to become a Vendor by creating an account on our Website and submitting and paying for an Advert that is approved. By creating an account, you agree that all the information you provided when opening your Account is accurate and complete and that you are not opening an account on someone else’s behalf.
5.2 You can create an account as either a Private Seller or a Licensed Breeder.
(a) Private Seller: As a private seller, you agree that you are a private individual who will not use our site more than twice a year (under any username) and that the Puppy/Puppies or Dog/Dogs you wish to sell have been bred by you.
Please be aware that this is subject to the "business test" which states that anyone selling a litter as a business and making a profit should have a licence.
Please read the following links closely to ensure that you keep within the law:
Wales: https://www.gov.uk/guidance/dog-breeding-licence-wales
Scotland: https://www.gov.uk/guidance/dog-breeding-licence-scotland
(b) Licensed Breeder: As a licensed breeder, you agree that you are the holder of a breeders’ licence as issued by your Local Authority and that you will provide us with a copy of your most recent licence. You agree that you do not operate a pet shop or are in any way associated with a pet shop for the purposes of advertising Puppies or Dogs for sale.
5.3 Irrespective of the account type you choose, you agree to follow all national and local dog breeding legislation in place in your location of operation.
5.4 You will use only one account to advertise your Puppies or Dogs for sale. You will not create and use multiple accounts with different names and addresses in order to hide the actual number of Puppies or Dogs you advertise or to avoid any national or local licencing requirements.
5.5 To be eligible to become a Vendor, you must:
(a) if you are a sole trader, be at least 18 years of age and resident in the United Kingdom;
(b) if you are a partnership, you must be established under the laws of the United Kingdom;
(c) if you are a limited company or other limited liability entity, you must be incorporated in the United Kingdom;
(d) if you are Licensed Breeder, submit your Breeder details by clicking on the “Upgrade to Breeder” link on your Dashboard.
5.6 Information that is required during your Vendor registration is your:
(a) email address;
(b) full name; and
(c) Postal address.
5.7 You must enter your correct full address before placing an Advert. This must include your house number, street address and postcode. Please be aware that we may ask you to provide additional proof of any address given, but we will not publish your address on our Website. Please be aware that any Advert you create may be placed on hold while your address is verified.
5.8 We do not allow names deemed to be offensive or which suggest you are someone other than whom you are. You may be asked to change your name if necessary.
5.9 If you register for a Vendor account with our Website, your email address will be your user ID. You will also be asked to choose a password. You must keep your password confidential and secure and you are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
5.10 You shall become a Vendor once you have completed the online registration process, accepted these Terms. This shall be your “Commencement Date”.
5.11 You will continue to be a member with us until you or we terminate your membership in accordance with these Terms.
5.12 You can upgrade your account to that of a Licensed Breeder by clicking on the “Upgrade to a Breeder” link in your Dashboard. To be successfully accepted as a Breeder, you will need to provide particulars about your licence and upload a copy for our records. By doing so, you give us the right to hold this information for verification purposes. Once your credentials have been verified and accepted, your status on our site and your description on each of your Adverts will refer to you as a Breeder.
5.13 If at any time, you cease to be a Licensed Breeder, you must immediately notify us and you agree that we can change your account details to that of a private seller.
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6. Vendor Information
6.1 Once you have registered as a Vendor, you will have access to your Vendor Dashboard where your details and Adverts are managed and you can communicate with our Customers about your live Adverts.
6.2 If you no longer hold a valid VAT registration number, you must immediately remove this information from your Vendor Dashboard.
6.3 As we are not a party to any Contract you form with our Customers, we shall not be responsible for the collection of any VAT from Customers on your behalf and you should take all appropriate measures to collect and record VAT as appropriate.
6.4 You must keep your account details in 5.6 up to date. You acknowledge and confirm that, despite our processing or reviewing of your details, we shall have no liability to maintain or update your details and are not liable for any errors in them. You further agree to keep us indemnified against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by us arising out of or in connection with any claims related to your breach of this clause or clause 6.2.
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7. Your Adverts
7.1 Once you register as a Vendor, you will be able to submit an Advert on our Website via your Dashboard.
7.2 Adverts that are submitted will go live immediately but are subject to verification. Any Advert that does not pass verification will be removed.
7.3 All Adverts submitted to our Website must be true, fair, complete and accurate in all respects.
7.4 Adverts submitted to our Website must constitute bona fide listings relating to Puppies or Dogs only. Adverts of any other kind will not be approved and will be deleted.
7.5 When creating an Advert, you must allocate it to the appropriate canine category. If you cannot identify an appropriate category, please contact us.
7.6 Subject to the other provisions of these Terms, we reserve the right to reject, unpublish and/or delete any Advert that breaches these Terms or that does not meet any additional guidelines for Advert submissions published on our Website. Please contact us if, following a rejection, retraction or deletion of an Advert, you believe the Advert can be resubmitted (addressing the reasons for the rejection) and we shall review your request. However, we do not guarantee to permit the publication of any Advert resubmitted for review. No refunds will be given on adverts deemed to be in breach of our Terms and subsequently rejected by us.
7.7 If we permit the publication of your Advert, it will remain published on our Website for the duration stipulated when setting up your Advert.
7.8 We may submit our own Adverts on the Website, but their ranking shall be the same as that available to any other Vendor.
7.9 You agree that you are responsible for the accuracy of the Adverts you provide and agree to indemnify us against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by us arising out of or in connection with any claims related to inaccurate, incorrect, misrepresented or otherwise misleading descriptions of the Advert you provide on our Website.
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8. Advert Rules
8.1 You agree to follow all Dog breeding legislation and regulations as stipulated by your nation within the UK at all times.
8.2 PAAG. You also agree to adhere to the Pet Advertising Advisory Group PAAG standards for selling a pet. PAAG is a group comprising of animal welfare organisations, trade associations and veterinary bodies who aim to ensure that all pet animals advertised for sale are done so legally and ethically and have developed a set of Government-backed minimum standards that we suggest you familiarise yourself with before placing an Advert. We are committed to the ethics and values of PAAG and require you to always meet their minimum standards. For more information on PAAG, please visit www.paag.org.uk
8.3 You promise to provide genuine, complete and truthful information in your Advert and to clearly state whether you are using the site as a private individual or Licensed Breeder.
8.4 You must remove or deactivate your Advert once all of the Puppies or Dogs listed in that Advert are sold/reserved.
8.5 There is no refund available for time remaining on your Advert or any remaining purchased Boosts.
8.6 Irrespective of the amount of time remaining on your Advert, the Advert can only be used to advertise the Puppies and Dogs submitted during the Advert creation process. You cannot use an existing Advert to advertise any other Puppies and Dogs.
8.7 All breeds and cross breeds must be clearly described. You will be unable to change the breed of the Puppies and Dogs you enter when creating an Advert after that advert is published. However, if you have made a genuine error to the listing details of an Advert, please contact us to get it rectified.
8.8 Puppies must be at least 8 weeks of age before they leave your care for their forever homes.
8.9 You must be able to show prospective owners the Puppies and/or Dogs you have for sale and be able to show the Puppies with the mother.
8.10 Photography: All photographs must be genuine images of the Puppies or Dogs for sale. Your advert must include a genuine photograph of the puppy’s mother. Only orginial photographs will be acepted. You must not take screenshots from another website.
8.11 All licensed breeders MUST upload their licence before their account will be approved. Any private breeder advertising more that 2 litters per year should be registered as a licensed breeder and we will require a copy of your licence as issued by your local authority. Please be aware that if we suspect you require a licence from your Local Authority, we may decline your advert and report this to the Local Authority.
8.12 The third party selling of Puppies is forbidden. Any Puppies or Dogs advertised must be owned by you.
8.13 Forbidden breeds. Any breeds currently banned must not be advertised for sale. Similarly, adverts promoting Puppies or Dogs described as ‘designer’ pets will be removed.
8.14 Forever Puppy does not allow the advertisement of expected litters. This is in accordance with the Pet Advertising Advisory Group’s (PAAG) advertising standards. There are several reasons why advertising animals that have yet to be born should not be permitted:
· There are concerns that adverts for unborn animals could be used to defraud buyers, who might be encouraged to pay a deposit ahead of the birth, before knowing the outcome of the birth or knowing if the parent animal even exists.
· There are concerns that adverts for unborn animals may be linked to unregulated Canine Fertility Clinics.
· Even with prenatal scans, it would not be possible for an advertiser to know how many animals would be available for sale until after birth.
· The PAAG Advertising Standards state that adverts must include a photograph, the age and sex of the animal for sale which would not be possible if the animal was yet to be born.
8.15 XL Bullies/American Bullies - These will continue to be allowed for sale and rehoming on the site until such time that the proposed ban comes into place.
8.16 The advertising of working Dogs is forbidden on the site. This includes Dogs which have been security or protection trained or whose primary role is for hunting, working or guarding.
8.17 Pets advertised must be located in the UK, and the location stated on your listing is the actual location where the animal is currently and permanently housed. The site will not allow any adverts promoting Puppies or Dogs which have been imported into the UK for the purposes of sale.
8.18 We do not allow adverts promoting Puppies or Dogs with cropped ears. Similarly, we do not allow adverts promoting pregnant bitches, or a bitch you suspect may be pregnant.
8.19 You must not permit a Puppy or Dog to be sold to a Customers under the age of 18.
8.20 We reserve the right to decline any adverts, ban, close or suspend a user's account if we suspect inappropriate behaviour or unethical breeding, which is not limited to these rules. Your Advert will be removed if you breach any of the terms in clauses 7 or 8. If your Advert is removed due to such a breach, you will not be entitled to a refund.
8.21 You further indemnify us against all liabilities, costs, claims, actions, proceedings, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by us arising out of or in connection with any claims related to your breach of these clauses 7 or 8.
8.22 Please be aware that we reserve the right, in our complete discretion, to decline or remove any advert we deem unsuitable. Your account may also be closed, and you agree that you will not be entitled to a refund or compensation should we choose to cancel an advertisement or your Account, whether with or without reason.
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9. Pricing
9.1 As your Puppies and Dogs will be made available to consumer, the price of the Puppies and Dogs in your Advert must be shown inclusive of any applicable VAT and in pounds sterling.
9.2 To ensure price parity in the market and to protect our commercial interests, you must not sell a Puppy or Dog elsewhere at a price lower than the price you set on our Website.
9.3 You are able to update the price of your Puppies and Dogs in the “Manage your Ads” section of your Dashboard.
9.4 The price advertised is for a single Puppy/Dog.
9.5 If your Puppy’s Advert price is more than the correct price of that kind of Puppy (that being the price you normally sell that kind of Puppy for), you will immediately correct the price and notify any Customer who has enquired about that Advert.
9.6 Please note, it may take up to 48 hours for any amendments in any price you make to be reflected on our Website.
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10. Rankings
10.1 The main parameters that determine the relative prominence of a Vendor’s Advert when a user or Customer browses the categories on our Website are as follows:
(a) in relation to searches entered via the search bar on the Website, the extent to which your Advert matches the relevant search terms; and
(b) in relation to all the Adverts listed on our “Find your Dog” page, in accordance with the filters applied by the Customer on that page. The default filter being Date Published (Newest).
10.2 Once a Customer is on your Advert, other related Adverts, either sold by you or other Vendors, will be listed below the details of your advert under the title “You may also like”.
10.3 You are able to boost the prominence of your Advert by purchasing Boosts. Please see section 4 for more information on Boosts.
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11. Data Protection & Customer Communications
11.1 You must, at all times comply with all relevant data protection legislation (including in the UK, the provisions of the Data Protection Act 2018).
11.2 You shall not communicate with a Customer for any reason other than in regard to a Puppy or Dog included in a Live Advert on our website and such communication should only happen via the Messenger section of your Dashboard or directly with the Customer, with their consent.
11.3 You cannot use a Customer’s contact details taken from the Vendor Dashboard to advertise to them directly or indirectly or send them any promotional emails, catalogues or other promotional or unsolicited materials.
11.4 When you sell a Puppy or Dog (or receive a communication from a Customer) via our Website, you may receive and process that Customer’s personal information, such as their name, email address, telephone number and home address. You must protect and use such information only in accordance with our Privacy Policy and in accordance with the provisions of the Data Protection Act 2018. If you use your own Privacy Policy, it must be compatible with our own.
11.5 You agree to keep us indemnified against all liabilities, claims, actions, proceedings, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by us arising out of or in connection with any claim made against us if we are found to be joint data controller with you of personal information and we face a claim because of something that you did in your capacity as a joint data controller.
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12. Customer Returns Refunds and Replacements
12.1 As your Contract for the sale of a Puppy or Dog advertised on our Website will be made directly between you and the Customer, we are under no obligation to mediate any disagreements between you and the Customer either before or after sale. However, in order to protect our brand and goodwill, we reserve the right to intervene in any such discussions and although we cannot force either party to take any particular action, we reserve the right to terminate either party’s account and / or any adverts held by that party at any time. No refunds will be available for any Adverts that are cancelled in accordance with this clause. It is not our policy to give refunds on adverts.
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13. Your Obligations
13.1 By signing these Terms, you commit to:
(a) abiding by all of the conditions set in these Terms;
(b) indemnifying us in accordance with clauses 6.4, 7.4, 8.17, 11.5 and 19.7;
(c) be solely responsible for, and accept all liability for the Puppies and Dogs advertised on our Website until collected by the Customer;
(d) take responsibility for the accuracy and detail of all Adverts or information you provide in such Adverts, including details relating to the price of a Puppy or Dog, its breed, description, health, condition or any other relevant information relating to that Puppy or Dog);
(e) use your reasonable endeavours to respond to Customer enquires promptly (immediately if possible, but within at least within 1 Business Day); and
(f) other than by your listing of Puppies or Dogs for sale in accordance with these Terms, refrain from using the Website as any kind of advertising portal for your own or someone else’s business.
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14. Our Obligations
14.1 We commit to you to:
(a) offer you a platform from which you can advertise your Puppies and Dogs for sale, for rehoming, for stud and for you to search our Wanted section;
(b) use our best efforts to ensure our Website is available to users, to minimise any Website downtime as much as possible and to rectify any downtime issues as soon as reasonably possible; and
(c) offer you a dedicated Vendor Dashboard from where you can create, manage and Boost your Adverts and receive Customer correspondence.
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15. Complaints
15.1 If you have any questions or complaints about the services we provide, please contact us by raising a support ticket in Vendor Dashboard or by using our contact details in 1.2 above and we will do all we can to resolve your complaint as quickly as possible.
15.2 Please be aware that we have limited resources and, while we endeavour to respond to your message as quickly as possible, we cannot guarantee a specific timescale. While we promise to do all we can to respond to your message, we will have no liability if we are unable to do so.
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16. Intellectual Property Rights
16.1 All intellectual property including copyright, design patent, trade secrets, trademarks (registered or unregistered), trade names or other intellectual property rights (“IP”) in, on or arising out of or in connection with our Website (other than IP rights in any names, logos or other materials provided by you) will be owned by us and we warrant that we are the legal and beneficial owners of such IP or we have an irrevocable licence to use such IP for the purposes of which it is used.
16.2 You may not use any of our IP without our prior written consent.
16.3 You acknowledge and accept that all IP and other rights on any page of our Website, including your Advert page either belong to us or you give us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use any such IP in materials provided by, owned or used by you.
16.4 We grant you a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use the Advert page created for you for the sole purpose of advertising your Puppy for sale through our Website.
16.5 You warrant to us that you are either the legal and beneficial owner and/or possesses a valid licence to use all of the IP you provide in your materials that you upload to our Website and the use of such IP will not infringe the rights of any third party.
You indemnify us and hold us harmless against any and all claims, actions, proceedings, damages, liabilities, costs, expenses and / or losses (including without limitation court costs and legal expenses) arising out of or relating to your non-compliance or breach of this clause.
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17. Data
17.1 We will have access to all information provided or generated by you, our Customers and other Vendors in the course of the use of our Website.
17.2 We may provide to third parties information provided or generated by you in the course of the use of our Website in the following circumstances only:
(a) where necessary for the proper functioning of our Website;
(b) in the case of non-personal data; and
(c) in the case of personal data, in accordance with our Privacy Policy
17.3 Except as where permitted by us or by law, you will have no contractual right under these Terms or otherwise to access information provided or generated by you or by other users when using our Website.
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18. Distribution Channels
We may choose to advertise your Puppies through alternate Distribution Channels such as through the websites and apps of Facebook and Instagram.
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19. Limitation of Liability:
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
19.1 Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
19.2 Subject to clause 19.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill;
(g) any indirect or consequential loss; or
(h) any loss suffered as a result of downtime of our Website caused by maintenance or otherwise.
19.3 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
19.4 Subject to clause 19.1, our total liability to you arising under or in connection with the sale of your Puppy(ies) or Dog(s) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the price you paid for your Advert under which the liability materialised.
19.5 We assume no liability in relation to the Puppies/Dogs whatsoever. You are entirely responsible for the Puppies/Dogs at all times before they are collected by a Customer.
19.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred OR you, having grounds to make a claim in respect of the event, and shall expire one month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
19.7 You shall indemnify and hold us harmless against all liabilities, claims, actions, proceedings, expenses, damages, losses and costs (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with your use of our Website.
19.8 This clause 19 will survive termination of the Contract.
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20. Indemnity
20.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of our Terms, or arising out of any claim that you have breached any provision of our Terms.
20.2 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
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21. Confidentiality
Both you and we agree, confirm and acknowledge that our Terms of Use & Acceptable Use Policy and our Privacy Policy form part of these Terms. Please read Our Privacy Policy here and our Terms of Use & Acceptable Use Policy here.
21.1 Both you and we each undertake that we will not at any time, and for a period of five years after termination of your membership, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 20.2.
21.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under these Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 20; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
21.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under these Terms.
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22. Termination, Consequences of Termination and Survival
22.1 We reserve the absolute right to cancel any Advert you place on the Website and to cancel your account without notice if any Advert placed, or action taken by you, on our Website contravenes our Terms. If we suspect you have engaged in any fraudulent or criminal activity, we reserve the right to terminate your account without notice and report you to the relevant authorities. You agree that you will not be entitled to any form of refund or compensation for any alleged loss you might suffer as a result of such an account closure.
22.2 As you are paying to advertise the sale of a Puppy or Dog to a Consumer for paid consideration, you accept that you are operating with us as a business user, even if you are acting as an individual. You further understand and agree that you have no right of cancellation under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
22.3 Without limiting any of our other rights, we may suspend or terminate your account with us with immediate effect by giving written notice to you if:
(a) you commit a material breach of any Term and (if such a breach is remediable) fail to remedy that breach within 5 Business Days of you being notified in writing to do so;
(b) you repeatedly breach any Terms in such a manner that we consider your conduct is inconsistent with you having the intention or ability to give effect to them;
(c) you fail to pay any amount due under these Terms;
(d) you partake in or are convicted of any criminal act or event;
(e) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or you suspend or threaten to suspend payment of your debts as they fall due;
(f) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
(g) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy; or
(h) in our absolute discretion, we consider maintaining your membership will have an adverse effect on us, our website or the Forever Puppy brand.
22.4 In all other circumstances, we can terminate your account with us by giving you 30 days’ written notice.
22.5 Without limiting any other rights or remedies available to you, you shall have the right to terminate your account with us at any time. You can do so by clicking on the “Delete Account” button under the ‘My Account’ tab on your Dashboard. If you do so, any personal information about you will only be kept for as long as it is needed in order for us to comply with all current laws (including tax laws).
22.6 Termination of your account will not affect your or our rights and remedies that have accrued up to that point.
22.7 On termination of your account:
(a) you shall immediately pay to us all outstanding amounts due together with any applicable VAT;
(b) all licences granted under these Terms will expire; and
(c) you acknowledge and accept that we reserve the right to forward your contact details to any Customer where there remain an unresolved disputes or issue at the time of termination.
22.8 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
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23. Events Outside Our Control
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including, but not limited to acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport or telecommunications network, act of God, pandemic, epidemic, lockdown, COVID-19 related matters, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors (Event Outside Our Control).
23.2 If an Event Outside Our Control takes place that affects the performance of our obligations of the performance of our Website:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) any of our obligations under these Terms will be suspended and the time for performance of any of our obligations will be extended for the duration of the Event Outside Our Control.
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24. Communications Between Us
24.1 When we refer to "in writing" in these Terms, this includes email and notifications sent via the Vendor Dashboard.
24.2 Any notice or other communication given by one of us to the other under or in connection with these Terms or your membership must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, by email or transmitted via the Vendor Dashboard.
24.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email or transmitted via the Vendor Dashboard, at the time of transmission.
24.4 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. Our contact details are set out in clause 1.2 and your contact details are deemed to be those you provided during your registration.
24.5 Notice for the service of any proceedings or other documents in any legal action must be made by post only. Email or notifications sent via the Vendor Dashboard are not accepted for such notifications.
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25. General
25.1 Interpretation
(a) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(b) Words in one gender refer to all other genders.
(c) Words in the singular refer to the plural and vica-versa.
(d) Business Days means any day that is not a Saturday, Sunday or Bank Holiday in the United Kingdom.
(e) Unless stated otherwise, any references to a clause is to a clause of these terms and conditions only.
25.2 Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
25.3 Severance. Each clause in these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.https://paag.org.uk/selling-a-pet/· Pets advertised must be located in the UK, and the location stated on your listing is the actual location where the animal is currently and permanently housed.· We reserve the right to decline any adverts, ban, close or suspend a user's account if we suspect inappropriate behaviour or unethical breeding, which is not limited to the rules above.should we choose to cancel an advertisement or your Account, whether with or without reason.Forever Puppy does not allow the advertisement of expected litters. This is in accordance with the Pet Advertising Advisory Group’s (PAAG) advertising standards. There are several reasons why advertising animals that have yet to be born should not be permitted:
· There are concerns that adverts for unborn animals could be used to defraud buyers, who might be encouraged to pay a deposit ahead of the birth, before knowing the outcome of the birth or knowing if the parent animal even exists.
· There are concerns that adverts for unborn animals may be linked to unregulated Canine Fertility Clinics.
· Even with prenatal scans, it would not be possible for an advertiser to know how many animals would be available for sale until after birth.
· The PAAG Advertising Standards state that adverts must include a photograph, the age and sex of the animal for sale which would not be possible if the animal was yet to be born.