Terms & Conditions
Safer Pet Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING TO ACCEPT THEM IN FULL. BY PURCHASING A SAFERPET TRACKING DEVICE AND/OR ACCESSING ANY OF OUR SERVICES YOU AGREE THAT THE FOLLOWING TERMS AND CONDITIONS WILL APPLY.
- Who we are. We are SAFERPET LTD a company registered in England and Wales. Our company registration number is 11342935 and our registered office is at Redhill Chambers, High Street, Redhill, England, RH1 1RJ.
- Our website. We operate the website, at www.saferpet.com (the “Website”) for consumers who wish to order our pet-tracking products, whether these amount to goods (for example, a tracking device), services (for example, the pet tracking services we offer) or digital content. Please note, save where context otherwise requires, any reference to the Website in these terms shall be deemed to include a reference to the Saferpet mobile application (the “App”).
- What these terms cover. These are the terms and conditions on which we supply our products and which will govern your purchase, receipt and use of such products.
- How to contact us. You can contact us at firstname.lastname@example.org
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
- Placing an order. You can place an order for our products on the Website. Please note, you will not be permitted to place an order for a Saferpet tracking device (a “Device”) without subscribing to one of our subscription plans (a “Subscription”) and in order to make use of your Device and your Subscription, you will need also to download the App to your mobile, phone, tablet or other device from your usual app store.
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it , at which point a legally-binding contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will either inform you onscreen on the Website as you attempt to place your order (or in writing as soon as possible thereafter) and will not charge you for the product.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
CHANGING AN ORDER
If you wish to make a change to any order you have placed, please contact us using the email address provided at clause 1.4 above. We will let you know if the change is possible. If it is, we will let you know how your requested change would affect the price, time of delivery or any other element of your order, and ask you to confirm whether you wish to go ahead with the change.
SUPPLYING THE PRODUCTS
- Free delivery of Device. The cost of delivery to any mainland UK address is included in the cost of the Device. During the order process we will let you know when we/one of our third-party delivery partners will be able to deliver the Device to you. Other goods purchased from us may be subject to delivery charges, which will be set out on the Website.
- When we will provide your Subscription. We will supply the services and digital content that make up your Subscription to you from the date on which you click to activate your Subscription using the Website (the “Activation Date”) until your Subscription expires (if applicable) or the contract between us is terminated in accordance with these terms and conditions.
- We are not responsible for delays outside our control. If our supply of the Device (or any other goods ordered from us) or your Subscription is delayed or interrupted by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable to you although if there is a risk of substantial delay you may contact us (using the email address provided at clause 1.4 above) to end the contract and receive a refund for any products you have paid for but not received.
- When you become responsible for the Device (and other physical items ordered). The Device (and/or any other goods ordered from us) will be your responsibility from the time we deliver it to the address you gave us when you placed your order.
- When you own the Device (and other physical items ordered). You will own the Device (and/or any other physical item ordered from us) as soon as we have received payment in full for it.
YOUR SAFERPET ACCOUNT
- To use and place an order for our products, you will need a Saferpet user account (an “Account”).
- To open an Account you must complete the online application form, available on the Website and provide all the information requested. We will not be responsible for any delay or failure to provide the products if this is caused by you not giving us the information we need.
- It is your responsibility to keep your contact details up-to-date on your Account. We may, from time to time, send you important information using the details that you have provided to us (including notifications about your Subscription). If those details are incorrect or not up-to-date you may not receive important information relating to your Account, your Subscription or these terms and conditions.
- In opening an Account, you warrant that:
- you are 18 years of age or over; and
- you have the legal right to authorise any payments made in connection with your Account (in accordance with clause 7).
USING OUR PRODUCTS
In order to make use of our pet-tracking products you will need to:
- purchase a Device and a Subscription;
- have access to a smart phone (or other portable device) and download our App; and
- set up an Account.
- Our Device uses a roaming SIM card. This means it can rely on coverage from more than one network in order to transmit location data to you via the App. Nonetheless, performance may be affected due to the location of the Device and/or the smart phone on which you have downloaded the App and/or technical issues with our third-party SIM and mobile data providers, and we cannot guarantee that the Device will be able to transmit a signal (nor that you will be able to receive the signal transmitted) at all times.
- You should regularly check that your Device is in proper working order and that the battery is properly charged. This is particularly important if you are taking your pet with you on any extended trip when charging may be more difficult to do. However, we cannot guarantee that your Device will be able to transmit and receive a signal at all times, and in all conditions and in all locations. Therefore, you should always ensure you take any additional precautions available (keeping gates closed etc.) particularly when you and your pet are visiting unfamiliar locations.
- You acknowledge and accept that the Website and the services and digital content that make up your Subscription are provided for general information only and should not be relied on when taking, or refraining from taking, any action with respect to your pet. In particular, any information or suggestions made relating to the health or welfare of your pet (including any activity monitoring and/or suggestions relating to exercise and/or diet provided as part of your Subscription) are not intended to amount to advice on which you should rely without seeking professional veterinary or other appropriate specialist advice. If you have any concerns about the health or wellbeing of your pet, you should seek veterinary assistance immediately.
- You should ensure at all times that your Account details are correct and up-to-date and that you have accepted all available updates to the App.
- Please note, you are not permitted to use our products:
- to track any person, animal or object that does not belong to you; or
- that you do not have permission to track; or
- for any other unlawful or unethical purpose.
PRICES AND PAYMENT
Subject only to adjustments made in accordance with clause 8.2, the price of the Device and your chosen Subscription (which each includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the prices advised to you are correct.
You are able to make payments using the payment methods indicated on the Website prior to you placing your order.
Please note, several of our available Subscriptions involve automatically taking payments from you at set intervals (for example, on a monthly, quarterly or annual basis) using your selected payment method. By choosing a payment plan which involves recurring payments, you:
and that during the period of your chosen Subscription you will not revoke or amend any instruction, confirmation or instruction to your bank without our prior written consent.
agree promptly to issue any instruction or confirmation to your bank and/or perform any other act necessary to allow your bank to make all recurring payments to us in accordance with your chosen Subscription;
authorise us to request and receive all such recurring charges from your bank without requiring any additional agreement from you, until your Subscription is terminated or expires in accordance with these terms and conditions, and accordingly will instruct and authorise your bank to comply with the terms of any written notice or instruction from us relating to such payments to be made from your account, and to pay any such sums to us, where in accordance with these terms and conditions,
We offer two types of Subscription:
monthly pay-as-you-go Subscriptions (a Rolling Subscription) each subject to a minimum initial term of 12 months (the Initial Term); and
longer fixed-term Subscriptions (each a Fixed-term Subscription).
If you select a Rolling Subscription, it will continue until it is terminated in accordance with clause 9.3.
On the expiry of any Fixed-term Subscription (or any Renewal Period), it will automatically renew for another fixed-term renewal period of the same length as the original Fixed-term Subscription chosen by you (each a Renewal Period) unless:
you contact us at any time using the email address provided at clause 1.4 (providing your details and details of the relevant Subscription) and state that you would like to opt-out of auto-renewal; or
you contact us within the final 45 days of your Fixed-term Subscription (or of any Renewal Period) using the email address provided at clause 1.4 (or the link provided in a notification received under clause 7.7) to select an alternative Subscription (which will then take effect on the expiry of the then-current Fixed-term Subscription or Renewal Period) or to terminate your Subscription.
We will notify you in writing around 45 days in advance of your Fixed-term Subscription or Renewal Period coming to an end and send another reminder around 7 days before your Subscription auto-renews.
The price payable on the auto-renewal of a Fixed-term Subscription or Renewal Period will be the best price available at the time it is due to renew.
OUR RIGHTS TO MAKE CHANGES
Changes to the products. We may change any element of our product(s):
- to reflect any changes in relevant laws and regulatory requirements; and
- to implement technical adjustments and improvements provided these changes do not detrimentally affect your use of the product.
- Changes to the price. We may adjust the price of your Subscription with effect from the anniversary of your Activation Date / 1 January each year, to reflect increases or decreases in the cost of providing your Subscription indicated by the percentage increase or decrease in the Consumer Prices Index during the preceding year. We will give you not less than 1 month’s written notice prior to making any such adjustment.
- Changes to the terms. We reserve our right to make changes to these terms and conditions at any time provided such changes will not affect orders placed prior to notification of the change being given on the Website (unless you agree to such changes affecting any such order).
- Updates to digital content. We may update the Website, the App and other digital content from time to time, provided that the services provided to as part of your Subscription shall always match the description of the services that we provided to you before you purchased your Subscription.
- Changes to the products. We may change any element of our product(s):
YOUR RIGHTS TO TERMINATE
Cooling-off period. You are entitled to change your mind and cancel:
- your Subscription at any time within 14 days from the day after the day we email you to confirm we accept your order; and
- your purchase of the Device (or any other goods purchased from us) at any time within 14 days from the day after the day you receive the goods.
In order to cancel during the cooling-off period (in accordance with this clause 9.1), please write to us in accordance with clause 9.6
Refunds for cancellation during cooling-off period. In the event you cancel an order during the cooling-off period in accordance with clause 9.1 you must return the Device (and/or any other goods ordered) at your own expense by post to:
- Saferpet Limited, Redhill Chambers, High Street, Redhill, Surrey, RH1 1RJ
Subject to the following, you will be refunded in full (less any non-standard delivery charges). We may reduce your refund to reflect any reduction in the value of the Device (or other goods purchased from us), if this has been caused by your use or handling of the item(s) in any way which would not generally be permitted in a shop (i.e. all items should be complete and in the same condition as when they were supplied to you). You should ensure any returns are properly packaged and contain exactly the same contents as you received. We may also deduct from any refund an amount for the supply of the Subscription for the period for which it was supplied, from the Activation Date to the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the price paid (or agreed) for the full Subscription. Please allow up to 14 days (following our receipt of the returned item(s)) for us to process your refund.
- Cancelling a Rolling Subscription. You may cancel a monthly Rolling Subscription by writing to us (please include your full details and the details of your Subscription) using the email address given at clause 1.4. Except where you cancel during the cooling-off period (in accordance with clause 9.1) your cancellation will not take effect until the end of the Initial Term and all fees payable in respect of your Subscription shall remain payable until the end of the Initial Term. In the event of cancellation after the Initial Term, you will be charged for the full month in which we complete our processing of your request to cancel and your Subscription will end at the end of that month. Please allow up to 5 working days for us to process your request.
Cancellation fees for cancelling a Fixed-term Subscription before it
expires. If you wish to cancel a Fixed-term Subscription before
it has expired, please contact us using the email address given at clause 1.4. Except where you
cancel during the cooling-off period (in accordance with clause 9.1), in order to cancel a
Fixed-term Subscription before it expires, we will require you to pay us an amount equal to the fees
that would have been payable in respect of the remainder of your Fixed-term Subscription.
Please note: our ability to decide the fees we charge to provide (and/or cancel) any Subscription is limited by the amounts we are charged by the third-party telecommunications companies that supply the SIMs and roaming data contracts for our devices. This is the reason why we are able to offer lower prices for our longer Fixed-term Subscriptions but it is also the reason why we must charge cancellation fees in the event you wish to cancel a Fixed-term Subscription before it has expired and why we are unable to cancel a Rolling Subscription before the end of the Initial Term. It is your responsibility to ensure you select the Subscription which you think will best meet your needs.
If we are in breach of these terms. You
may end your contract with us, with immediate effect and without being charged a cancellation fee,
by writing to us in accordance with clause 9.6 if:
- we have breached these terms and have not been able to remedy that breach within 7 days of being made aware (or otherwise becoming aware) of that breach;
- we have told you about an upcoming change to your Subscription or a change to any part of these terms which may affect your Subscription, which you do not agree to;
- we have notified you that there is a risk that supply of the products may be significantly delayed or interrupted because of events outside our control;
- we have suspended supply of your Subscription for a period of more than 7 days; or
- you have another legal right to end the contract because of something we have done wrong.
- To end the contract with us, please contact us using the email address given at clause 1.4.
OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you cancel, prevent or fail to make a payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
- You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation, calculated in accordance with (and for the reasons set out in) clause 9.4.
IF THERE IS A PROBLEM WITH OUR PRODUCTS
- How to tell us about problems. If you have any questions or complaints about the product, please contact us using the email address given at clause 1.4.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products.
- Personal use. We only supply the products for personal use. If you use our products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal likely to affect your Subscription.
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- We do not guarantee that the Website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and any Subscription will cease immediately.
LINKS TO OTHER SITES
- The Website and the App may contain links through to third party websites. We have no responsibility in respect of any such sites and the information provided or products offered on such sites.
- You should be aware that any third-party sites will have their own terms and conditions and privacy notices which shall apply to your use of such sites.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these terms to another organisation.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the clauses (and sub-clauses) set out within these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and sub-clauses) will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.