Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright 2014 – 2019 Ember and Elliot.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, (www.Bigstock.com, www.seqlegal.com and others) own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website; and
(d) stream audio and video files from our website, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Affiliate links
5.1 Our website includes links to third party merchant websites supplying goods and/or services.
5.2 We may earn affiliate fees from a merchant if you click on that merchant’s link on our website and subsequently make a purchase on the merchant’s website.
(a) Ember & Elliot is a participant in the Amazon EU Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.emberandelliot.com.
5.3 You acknowledge that:
(a) we do not vet third party merchants;
(b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites;
(c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and
(d) our website contains information supplied by third party merchants, and we do not check, audit or monitor the accuracy of that information, and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.
5.4 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
5.5 The provisions of this Section 5 are subject to Section 26.1.
6. Use on behalf of organisation
6.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
7. Registration and accounts
7.1 To be eligible for an individual account on our website under this Section 7, you must be at least 18 years of age and resident in either the United Kingdom, United States, Canada, Australia or New Zealand.
7.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7.3 You must not allow any other person to use your account to access the website.
7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so
8. User login details and passwords
8.1 If you register for an account with our website, we will provide you with a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 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.
9. Cancellation and suspension of account
9.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
9.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
10.1 We welcome submissions to the directory published on our website.
10.2 Each submission to our directory must be a listing relating to one of the following categories: vets, breeders, pet groomers, pet shops, pet boarding, animal shelters, pet behaviourists or lost pets.
10.3 For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 17, Section 19 and Section 20, and must comply with the acceptable use rules set out in Section 4.
10.4 All listings must be listed in the appropriate category or categories.
10.5 You will have the opportunity to identify and correct input errors prior to making your order.
10.6 Listings submitted to our website will be individually reviewed, and will usually be published within 24 hours following submission; however, we do not guarantee publication within this period.
10.7 You must keep your directory submissions up to date using our website interface.
10.8 By adding a listing to our directory, you agree to the publication of reviews relating to you and your business, by others, on our website subject to Section 14.
10.9 If your business has been listed on our website without your permission, contact us immediately by email and we will remove it from the directory within 24 hours.
10.9 If your business has been listed and you wish to Claim the Listing, go into your listing, select Business Owner and complete the Claim Listing Form. Details of prices and packages can be found on our Advertise page.
11. Free directory listings
11.1 You may submit a free listing to our directory if you are a registered animal charity or you have lost a pet. If you are on a mobile or iPad, click on Advertise in the main menu, select sign up and follow the instructions. If you are on a laptop or computer, select Add Listing in the main menu followed by Add Animal Shelter or Add Lost Pet in the drop down menu.
11.2 If we accept your free directory listing submission, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms and conditions.
11.3 We may delete a free directory listing at any time, with or without notice to you
12. Paid directory listings
12.1 You may submit a paid listing to our directory by following the same process set out above, if you are on an iPad or mobile. If you are on a laptop or computer, select Add Listing in the main menu and select the relevant option in the drop down menu.
12.2 Paid submissions include a number of benefits as set out on our Advertise page. Payments can be made through PayPal.
12.3 Ember and Elliot are dedicated to improving animal welfare both within the UK and abroad. 10% of each paid listing will be donated to the charity Born Free www.bornfree.org.uk. For example, if you pay £25 for an annual listing, Born Free will receive 10% of the £25. Donations will be made at the end of each month via Paypal. All donation receipts will be published at the end of each month, on our website.
12.4 If we accept a paid directory submission, it will remain published on our website for the relevant period specified on our website, subject to termination or deletion in accordance with these terms and conditions.
12.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 12.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.
13. Prohibited directory submissions
13.1 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.
13.2 If we reject or delete a directory submission in accordance with this Section 13, we will not refund any applicable charges.
14.1 We publish reviews of products and services on our website.
14.2 Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.
14.3 You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.
14.4 You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
14.5 We will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.
14.6 You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
15. Expert reviews
15.1 We publish reviews by experts on our website.
15.2 If you provide expert reviews to our website, the supply by you and use by us of those reviews will be subject to separate terms and conditions.
16. User reviews
16.1 We publish reviews by users on our website.
16.2 Any user may submit reviews for publication on our website, subject to these terms and conditions. You must check the box to acknowledge you agree with these terms and conditions before posting a review.
16.3 Your reviews must be honest, reasonable and bona fide.
16.4 You may only post a review if you agree with our Terms and Conditions.
16.5 You must not post a review if:
(a) you have a financial interest in the subject matter of the review;
(b) you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; or
(c) you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.
16.6 For the avoidance of doubt, your reviews constitute “your content” for the purposes of Section 19 and Section 20.
16.7 You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us, but we shall have no obligation to do so.
16.8 You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.
16.9 You acknowledge that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user reviews.
17.1 We welcome the submission of advertisements to our website.
17.2 You may submit an advertisement to our website. Contact us at email@example.com for more details.
17.3 Advertisements submitted to our website must constitute bona fide advertisements that are true, fair and accurate in all respects.
17.4 Advertisements submitted to our website must not be for any product, service or other subject matter that:
(a) breaches any laws, regulations or codes;
(b) infringes any third party intellectual property rights or other legal rights; or
(c) may give rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law.
17.5 Advertisements submitted to our website must not be for any product, service or other subject matter that:
(a) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 20;
(b) is or relates to:
(i) drugs, narcotics, steroids or controlled substances;
(ii) obscene, indecent, pornographic or sexually explicit materials;
(iii) knives, swords, firearms or other weapons;
(iv) ammunition for any weapon;
(v) items that encourage or facilitate criminal acts or civil wrongs; or
(vi) items that encourage or facilitate the infringement of any intellectual property right.
17.6 Your advertisements must comply with the requirements of Section 4 and Section 20.
17.7 You grant to us a worldwide, non-exclusive, royalty-free licence to publish your advertisements on our website, and to copy, alter and store your advertisements in connection with their publication on our website, together with the right to sub-license these rights.
17.8 You must keep your advertisements up to date using our website interface, and must delete or unpublish any advertisements that have ceased to be relevant to our users (for example, because products advertised are no longer available).
17.9 Advertisements and listings submitted to our website will be individually reviewed, and will usually be published within 24 hours following submission; however, we do not guarantee publication within this period.
17.10 Without prejudice to our other rights under these terms and conditions, we reserve the rights to reject, unpublish or delete advertisements or listings that breach these terms and conditions or that do not meet any additional guidelines for submissions published on our website. If we reject, unpublish or delete an advertisement or listing in accordance with this Section 17.10, we will not refund any applicable listing fees.
17.11 If we accept your advertisement submission, then it will remain published on our website for the relevant period set out on our website, subject to these terms and conditions.
17.12 From time to time we may allow the publication of advertisements on our website free of charge, providing that free advertisements will be subject to such additional terms and conditions as we may specify from time to time, and we may delete free advertisements at any time in our sole discretion with or without notice to you.
18.1 The fees in respect of our website services will be as set out on the website from time to time. See our Advertise page for up to date prices.
18.2 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
18.3 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
18.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
18.5 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 18.5 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 18.5.
18.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
18.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
19. Your content: licence
19.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
19.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, reproduce, store and publish your content on and in relation to this website and any successor website, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
19.3 You grant to us the right to sub-license the rights licensed under Section 19.2.
19.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 19.2.
19.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
19.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
19.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
20. Your content: rules
20.1 You warrant and represent that your content will comply with these terms and conditions.
20.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
20.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
20.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
20.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
21. Report abuse
21.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
21.2 You can let us know about any such material or activity by email or using our abuse reporting form.
22. Limited warranties
22.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
22.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
22.3 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
23. Limitations and exclusions of liability
23.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:
(a) are subject to Section 23.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
23.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
23.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
23.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract.
24.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all 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) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
25. Breaches of these terms and conditions
25.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
25.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, creating and/or using a different account.
26. Third party websites
26.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
26.2 We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
27. Trade marks
27.1 EMBER AND ELLIOT, our logos and our other unregistered and registered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
27.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
28.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
28.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
29.1 We may revise these terms and conditions from time to time.
29.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
29.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
30.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
30.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
31.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
32.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
33. Third party rights
33.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
33.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
34. Entire agreement
34.1 Subject to Section 23.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
35. Law and jurisdiction
35.1 These terms and conditions shall be governed by and construed in accordance with English law.
35.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
36. Statutory and regulatory disclosures
36.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
36.2 These terms and conditions are available in the English language only.
37. Our details
37.1 This website is owned and operated by Ember and Elliot.
37.2 You can contact us by using our website contact form or alternatively you can send an email to firstname.lastname@example.org.