Terms & conditions
Our terms OWNER
These terms
What these terms cover. These are the terms and conditions on which we supply our services to you.
Why you should read them. Please read these terms carefully before you register to use our services. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please let us know.
What certain words mean. To help make these terms as clear as possible, the following words have the meanings given to them below:
App: our booking app for Dog Owners (enabling them to book Dog Walkers), as described on our Website and on the relevant listings on Apple, Inc’s App Store (for iOS devices) and Google Inc’s Play Store (for Android devices).
App Store: the app store operated by Apple, Inc on iOS devices.
Contract: has the meaning set out in clause 3.1.
Dog Owner: you, the owner of one or more dogs in respect of which you request or agree to receive dog walking services from a Dog Walker (also referred to in these terms as you, your and yours).
Dog Walker(s): the providers of dog walking services who advertise on the Go Walkies Platform.
Play Store: the app store operated by Google, Inc on Android devices
Go Walkies Platform: the App and the mobile application for Dog Walkers provided by us, which enables Dog Owners and Dog Walkers to find and contact each other, and through which Dog Owners can book the dog walking services offered by Dog Walkers.
Service Fee: the fee payable to us for the Services, as described in clause 12.1.
Services: the services supplied by us via the App, as further set out in clause 5.
Walk Fee: the fee payable by you to a Dog Walker for their dog walking services, as described in clause 12.2.
Website: our website at https://gowalkies.app.
Information about us and how to contact us
Who we are. We are GoWalkies, which is a trading name of Go Walkies Labs Limited, a company registered in England and Wales. Our company registration number is 13251316 and our registered office is at PO Box 78084, London W4 3EU.
How to contact us. You can contact us by telephoning our customer service team on 02071 579671 or by writing to us at [email protected].
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
App terms and conditions. By signing up for this app, you agree to receive communications from us, including but not limited to emails, push notifications, and in-app message. These communications may include marketing and promotional materials, as well as important updates and Information about your account and the app. You may opt out of receiving marketing communications at any time by writing to us at [email protected] However, please note that we may still need to send you certain administrative messages that are necessary for the functioning of the app and your account .
Our contract with you
Registration and our terms. We agree to provide the Services to you on these terms, subject to you first completing our registration process and to us confirming your registration. Our acceptance of your registration request will take place when we email you to confirm your registration, at which point a contract will come into existence between us (the Contract).
We only provide the Services to users in the UK. Our website is solely for the promotion of our Services in the UK. Unfortunately, we do not accept user registrations from users or addresses outside the UK.
Account security
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
Our Services
We provide the Go Walkies Platform, which enables:
Dog Walkers to advertise the availability of their dog walking services;
Dog Owners to find and contact Dog Walkers;
Dog owners to book the dog walking services of self-employed Dog Walkers; and
Dog Owners and Dog Walkers to post reviews about their experience of each other.
Bookings. Dog Owners and Dog Walkers are able to connect and transact with each other via the Go Walkies Platform, and use it to agree to receive or provide dog walking services:
When a Dog Owner and Dog Walker agree the required details (fee, date, start time and end time) for the dog walking services, they are able to create a “booking” via the Go Walkies Platform, which is confirmed to each of them via the App;
Bookings are initiated and agreed by the Dog Owner and the Dog Walker each following and completing the relevant steps within the App. On completion of the required steps by both parties, including payment by the Dog Walker, the booking is complete and a confirmation is generated by the Go Walkies Platform and sent to both parties.
For the avoidance of doubt, Dog Walkers are not obliged to accept booking requests, which they may decline in their sole discretion.
Dog Owners. When agreeing to a booking via the App, the Dog Owner is:
agreeing with the Dog Walker to receive the Dog Walker’s services and to pay the Dog Walker’s Walk Fee; and
agreeing with us to pay our Service Fee.
Dog Walkers. When agreeing to a booking via the App, the Dog Walker is agreeing to provide their Dog Walking services to the Dog Owner.
We do not provide dog walking services or any other dog or pet care services:
We are a simply the independent provider of an online venue for Dog Owners and Dog Walkers to connect with each other, and to arrange bookings for the provision of dog walking services by Dog Walkers to Dog Owners;
Dog Walkers are self-employed and are not under our control or supervision. Each Dog Walker sets their own rate and availability and will decide how to provide the dog walking services that they offer;
Although we may provide general guidance on our site in relation to the care and safety of dogs, the provision of dog walking services and how to choose a Dog Walker, we do not employ, control or supervise any of the Dog Walkers and do not recommend or endorse any individual Dog Walker, notwithstanding any positive ratings or review that may appear in relation to them;
We do not recommend or endorse any individual Dog Owner, notwithstanding any positive ratings or review that may appear in relation to them;
It is your responsibility to agree with the Dog Walker any specific requirements you may have, including (but not limited to) whether the Dog Walker should or should not provide your dog with treats (and, if they should, whether they are to be provided by you or the Dog Walker).
Dog Walker ID verification, insurance and reviews. As part of our Dog Walker registration process, we undertake ID and insurance checks, and the Go Walkies Platform also provides a mechanism for user reviews to be uploaded:
Dog Walker ID verification. As part of our registration process, we request copies of Dog Walkers’ ID (current passport or driving licence) and proof of address (such as a recent utility bill, etc), which we then use to carry out an electronic identity check via a third party provider. Whilst we will only accept registrations from Dog Walkers who provide ID that is then successfully verified by our third party provider, we give no assurance or warranty that the ID provided to us by any Dog Walker is genuine or that their identity or address is as stated in the ID provided to us. You acknowledge that this is reasonable because we cannot know for certain that the ID provided to us is genuine or that falsified ID will in all cases be detected by our third party provider. Additionally, we have no way of knowing whether the person who submits their ID to us and who registers with us will be the person who collects your dog.
Insurance. As part of our registration process, we request Dog Walkers to provide a copy of their relevant insurance in respect of the dog walking services that they provide. Whilst we will only accept registrations from Dog Walkers who have provided us with insurance that appears to us to be valid and appropriate to the dog walking services being provided, we give no assurance or warranty that the insurance provided to us by any Dog Walker is genuine or adequate. You acknowledge that this is reasonable because we are not insurance experts and have no way of checking that the insurance details provided are genuine.
Reviews. User reviews are provided on the Go Walkies Platform for information purposes only and reviews should not be relied on as an indication or guarantee of the quality of care or the quality of the services provided by the Dog Walkers to which those reviews relate. You acknowledge that this is reasonable because, despite our reasonable efforts, it is possible that reviews may not be genuine.
You should therefore exercise caution and your own independent judgment before contacting or booking any Dog Walker through the Go Walkies Platform or releasing your dog into the custody of any such Dog Walker, and you should take such steps as you consider appropriate before releasing your dog into their custody (this could include, but is not limited to, checking the Dog Walker’s ID, their appearance compared to their profile photo on the Go Walkies Platform, and their insurance documents).
Your responsibilities
Booking a Dog Walker. You acknowledge and agree that:
you are solely responsible for making decisions that are in your and your dog’s best interests;
we do not provide dog walking or dog care services and that we do not employ, control or supervise any of the Dog Walkers who advertise on the Go Walkies Platform;
it is your responsibility to choose whether to engage any individual Dog Walker to provide dog walking services, to make such enquiries of them as you consider appropriate, and to exercise your own careful judgment in order to reach your decision;
it is your decision, and your decision alone, as to whether to entrust the care of your dog to any of the Dog Walkers who advertise on the Go Walkies Platform;
any booking that you make in relation to a Dog Walker via the Go Walkies Platform is a private arrangement and transaction between you and that Dog Walker, notwithstanding that the Go Walkies Platform is used to find and offer dog walking services and to facilitate the agreed payment for those services; and
you will not provide, or ask the Dog Walker to use, a choke collar, prong collar, e-collar, spray collar or any other form of aversive tool or treatment.
Instructions for your Dog Walker. You acknowledge and agree that it is your sole responsibility to provide your Dog Walker with comprehensive instructions relating to the care of your dog, including (but not limited to):
your dog’s care regime;
arrangements for collecting and returning your dog, including any additional steps to be taken in the event of your dog being walked in adverse weather conditions;
your dog’s responsiveness to verbal instructions and what words or intonations should be used;
any triggers that may cause your dog to be alarmed, scared or aggressive, such as traffic noise, sirens, other dogs barking, particularly if your dog’s reaction could be extreme;
your dog’s general behaviour, including any aggressive tendencies (particularly in relation to children, but also in relation to adults, dogs and other animals);
any conditions or allergies that are relevant to your dog’s care or safety;
the use of your dog’s collar, lead and/or muzzle (if non-obvious); and
your emergency contact details.
Insurance. We require all Dog Owners to have insurance for their dog, which must cover their dog’s veterinary treatment (whether arising from illness or injury), loss (including death) and any liability to third parties (including, but not limited to, injuries caused by your dog to other people or their pets, etc). You warrant to us that you have appropriate insurance in place and that it covers third parties (such as Dog Walkers) to the same extent as it covers you.
The only other services that we provide are the introduction of Dog Walkers to a relevant insurer in cases where they do not already have insurance in place in relation to the dog walking services they provide.
Compliance with legal requirements. You acknowledge and agree that:
it is your sole responsibility to comply with all legal requirements relating to your dog, including (but not limited to) vaccination, licensing, identity tagging and/or microchipping, and insurance, and you warrant to us that are fully compliant in relation to all such requirements; and
we are entitled to rely on equivalent warranties as to compliance with legal requirements that we obtain from Dog Walkers, and that we are not responsible for (and shall have no liability to you in respect of) their failure to so comply.
Your dog’s suitability for care by a Dog Walker. You warrant to us that:
Your dog is of even temperament and has no history of aggressive behaviour towards people or other animals;
Your dog has never bitten or otherwise injured any person or other animal;
Your dog is not categorised as a dangerous breed within the meaning of the Dangerous Dogs Act 1991 and has never exhibited behaviour that would constitute an offence under that Act.
Emergencies
It is your responsibility to ensure that your Dog Walker has your contact details so that they can reach you in the event of an emergency concerning your dog or its health or wellbeing, particularly (but not only) if your dog needs urgent veterinary attention. In the event that you do not provide emergency contact details to your Dog Walker, or your Dog Walker is unable to reach you when necessary, you irrevocably authorise your Dog Walker and us (jointly and severally) to:
obtain your dog’s veterinary records from your dog’s veterinary surgeon (and you hereby authorise your veterinary surgeon to release your dog’s veterinary records to us, your Dog Walker or to such veterinary surgeon as we or they specify); and
arrange and authorise such veterinary attention, care and treatment for your dog as we or your Dog Walker consider to be in your dog’s best interests and you accept and agree that any such decision or action may differ from what you would decide.
If your Dog Walker contacts you (or we contact you) about a requirement for your dog to receive urgent veterinary attention and/or asks you to authorise veterinary care for your dog, and you refuse to authorise it, you release the Dog Walker and us from any all liability, injury or damage arising from any resulting failure to seek such care.
You acknowledge that you are solely responsible for the costs of any veterinary care or treatment that your dog needs and you hereby authorise us to charge your credit or debit card, or other method of payment, for any such costs that we or your Dog Walker incurs, whether pursuant to this clause 7 or otherwise.
Dog Owner abscondment and dog abandonment
If you abscond after handing your dog into the care of your Dog Walker or you fail to take back or collect your dog after the end of the period for which your Dog Walker has been engaged to provide you with dog walking services, you:
irrevocably authorise your Dog Walker and us (jointly and severally) to:
place your dog into the care of a dog home, the responsible department or agency of the relevant local authority, the RSPCA or any other responsible body or authority, or any other appropriate care setting; and
obtain your dog’s veterinary records from your dog’s veterinary surgeon (and you hereby authorise your veterinary surgeon to release your dog’s veterinary records to us, your Dog Walker or to such care setting into which your dog is to be placed);
agree to reimburse your Dog Walker and us in full respect of any and all costs and expenses incurred in relation to the above; and
you release the Dog Walker and us from any all liability, injury or damage arising from the transfer of your dog to such care setting.
Emergency alternative care.
In some circumstances, it may be necessary for us to remove your dog from the care of your Dog Walker (including, but not limited to, your Dog Walker being injured or becoming unwell, concern for the safety of your dog or your Dog Walker or anyone with your Dog Walker, or your Dog Walker being identified to us as a person of concern in relation to the care of animals), and we expressly reserve the right to do this where we consider it to be in the best interests of your dog or any person.
Where we consider it necessary to remove your dog from the care of your Dog Walker, we will use our reasonable endeavours (during our normal office hours) to contact you first, so that we can arrange the immediate return of your dog to your care or discuss and agree with you alternative arrangements for the care of your dog. If we are unable to reach you or the circumstances are such as to justify immediate action, you:
irrevocably authorise your Dog Walker and us (jointly and severally) to:
take such action and to make such arrangements for the care of your dog as they or we consider appropriate in the circumstances, until such time as you are able to retrieve your dog; and
obtain your dog’s veterinary records from your dog’s veterinary surgeon (and you hereby authorise your veterinary surgeon to release your dog’s veterinary records to us, your Dog Walker or to such care setting into which your dog is to be placed);
agree to reimburse your Dog Walker and us in full respect of any and all costs and expenses incurred in relation to the above; and
you release the Dog Walker and us from any all liability, injury or damage arising from the transfer of your dog to such care setting.
Our rights to make changes
Minor changes to the App and/or Services. We may change the App and/or Services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the App or Services.
More significant changes to the App, the Services and these terms. In addition, we may make other changes to the App, the Services or these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
Updates to the App. We may update or require you to update the App so that we can continue to provide the Services to you (often, this will be to introduce new features or because the App Store or Google Play require us to update it because of changes or updates to iOS or Android).
Providing the Services
When we will provide the Services. We will provide the Services to you for so long as you maintain your account with us, unless you or we terminate the contract.
You can cancel your account with us at any time by emailing us at [email protected].
We are not responsible for events outside our control. We shall not be in breach of these terms or liable for any delay or failure to perform any of our obligations under the contract, where such delay or failure is due to events, causes or circumstances beyond our reasonable control.
Charges and payment
Our charges. When you book a Dog Walker through the Go Walkies Platform, we will charge you a fee for doing so (the Service Fee). The Service Fee is equal to 15% of the Walk Fee (as defined below) and is payable to you in addition to the Walk Fee (for example, if the Walk Fee is £20, you will also have to our Service Fee, which would be £3, making a total of £23).
Dog Walkers’ charges. The sum that you agree to pay to the Dog Walker for their dog walking services (the Walk Fee) is payable directly by you to your Dog Walker.
Payment of Walk Fees and Service Fees. For your convenience, both the Dog Walker’s Walk Fee and our Service Fee will be charged to your nominated credit or debit card as one payment. The single charge will then be split by our third party payment services provider (Stripe), who will separately pay the Service Fee to us and the Walk Fee to the Dog Walker. We do not process or collect Walk Fees on behalf of Dog Walkers; they are paid directly by you to them via Stripe.
Cancellations and refunds. We understand that circumstances sometimes change and that it may be necessary for you or a Dog Walker to cancel a booking:
Cancellations by you. Our App allows you to cancel a booking up to 10 minutes before the scheduled start time of the booking. Provided you cancel no later than 10 full minutes before the scheduled start time, both the Service Fee and Walk Fee will be refunded to your credit or debit card. Cancellations and refunds are subject to fair use and we expect cancellations to be infrequent events. Accordingly, we reserve the right to suspend your account if this facility is abused.
Cancellations by Dog Walkers. Sometimes a Dog Walker may need to cancel a booking due to exceptional circumstances. If this happens, the Dog Walker will contact you and will request that you cancel the booking. If a Dog Walker cancels, both the Service Fee and Walk Fee will be refunded to your credit or debit card. Cancellations are subject to fair use and we expect them to be infrequent events. Accordingly, we reserve the right to suspend a Dog Walker’s account if this is abused.
Events beyond the reasonable control of Dog Owners and/or Dog Walkers. Neither Dog Owners nor Dog Walkers shall be liable to the other, or to us, for any delay or failure to perform their obligations to each other, or to us, where such delay or failure is due to events, causes or circumstances beyond their reasonable control, provided that a Dog Walker who is prevented from providing dog walking services shall refund the Walk Fee (and we shall refund the Service Fee).
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, up-to-date payment information. If so, this will have been stated on our website or in the App. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Reviews and other postings
The following content standards set out in this clause apply to any review or other materials that you post on the Go Walkies Platform (each a Contribution).
These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our sole discretion, whether a Contribution breaches these content standards.
A Contribution must:
be accurate (where it states facts);
be genuinely held (where it states opinions); and
comply with the law applicable in England and Wales.
A Contribution must not:
be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote sexually explicit material;
include child sexual abuse material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal content or activity;
be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person or misrepresent your identity or affiliation with any person;
give the impression that the Contribution emanates from us, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
contain any advertising or promote any services or web links to other sites.
When we consider that a breach of these content standards has occurred, we may take such action as we deem appropriate, and breach of them constitutes a material breach of these terms, which may result in us taking any of the following actions:
immediate, temporary or permanent withdrawal of your right to use the Go Walkies Platform;
immediate, temporary or permanent removal of any Contribution uploaded by you;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Prohibited uses
You may use the Go Walkies Platform only for lawful purposes. You may not use the Go Walkies Platform:
to arrange for the provision of dog walking services from a Dog Walker and then complete transactions for those services outside of the Go Walkies Platform;
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to bully, insult, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as set out in clause 13;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Go Walkies Platform;
not to access without authority, interfere with, damage or disrupt:
any part of the Go Walkies Platform;
any equipment or network on which the Go Walkies Platform is stored or hosted;
any software used in the provision of Go Walkies Platform; or
any equipment or network or software owned or used by any third party.
Interactive features
Whilst we will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Go Walkies Platform, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Go Walkies Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, as set out in clause 13, whether the service is moderated or not.
Suspension of Services
We may suspend the supply of Services to you:
to deal with technical problems or make minor technical changes;
to update the Services or the App to reflect changes in relevant laws and regulatory requirements;
to make changes to the Services or the App as notified by us to you (see clause 10); or
if you do not pay us or if you breach these terms or if (in our sole discretion) we consider that your conduct on the Go Walkies Platform is dangerous, inappropriate, disrespectful of Dog Walkers or other users, or is otherwise undesirable or unacceptable, or we consider it necessary to protect the safety or best interests of Dog Walkers or other users or members of the public or us.
Ending the contract between us
Our rights to end the contract. We may end the contract at any time by giving you seven days’ prior written notice. We may also end the contract immediately on giving you written notice in any of the circumstances detailed in clause 16(d).
If you have any outstanding payment obligations, or any outstanding obligations or liabilities under clauses 6, 7 or 8, these will survive the termination of the contract.
Your rights to end the contract. You may end the contract at any time, simply by closing your user account, in which case the contract will end immediately or, if you have made any bookings for dog walking services that have not yet been completed, upon completion of those services. If you have any outstanding payment obligations, or any outstanding obligations or liabilities under clauses 7, 8 or 9, these will survive the termination of the contract.
Your responsibility for disputes with Dog Walkers and for loss or damage suffered by us.
Disputes with Dog Walkers. If you have a dispute with, or claim against a Dog Walker, you agree to pursue any such dispute or claim solely against them and you agree to release us from (and, as against us, waive) all claims, demands, liabilities, costs, expense, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses), suffered or incurred by you arising out of or in connection with any such dispute or claim.
We are not liable for the actions of Dog Walkers. You agree that in no event shall we be liable for the acts or omissions (whether deliberate, accidental or negligent) of a Dog Walker.
Your indemnity to us. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
your breach or negligent performance or non-performance of these terms;
the enforcement of these terms;
any claim made against us by a Dog Walker arising out of or in connection with the dog walking services provided by them;
any claim made against us by a Dog Walker or a third party for death, personal injury or damage to property arising out of or in connection with your dog.
Our responsibility for loss or damage suffered by you if you are a consumer
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 Services.
When we are liable for damage caused by our App. If our App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by applying an update offered to you by the App Store or Play Store.
We are not liable for business losses. We only supply the Services to you for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 21.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 21.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £50, which you acknowledge to be fair and reasonable on the basis that we only supply the Services for domestic and private use.
How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our privacy policy.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. 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.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
