Terms & Conditions

These Terms and Conditions ("Statement" or "Terms") derives from the BorrowPets.com ethos, and is our Terms and Conditions that governs our relationship with users and others who interact with BorrowPets.com, as well as BorrowPets.com brands, products and services, which we call the “BorrowPets.com Services” or “Services”. By using or accessing the BorrowPets.com Services, you agree to this Statement, as updated from time to time in accordance with Section 14 below.

BorrowPets.com provides a range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these terms and conditions, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

1. The Services

1.1. The Website is intended to enable pet owners (“Owners”) and borrowers (“Borrowers”) to perform certain functions (“Pet Services”), including:

1.2. Owners providing information about their pets.

1.3. Borrowers providing information about their pet experience.

· Owners and Borrowers to search for suitable matches.

· Making contact and, if mutually agreed, arranging to meet.

· Providing feedback and comments on the website.

1.4. The Website may provide communication tools such as email, instant messaging, Groups, Events and/or other message or communication facilities (the “Communication Services") designed to enable you to communicate with others. Unless stated otherwise the Communication Services are for your personal and non-commercial use only.

1.5. Pet Services and the Communication Services are referred to collectively and individually in these Terms and Conditions as the “Services”.

1.6. BorrowPets.com does not provide you with the benefit of insurance cover and you agree that you are not a third-party beneficiary of any BorrowPets.com insurance policy that we may decide to hold currently or in the future.

1.7. BorrowPets.com recommends that you take out personal insurance to cover, amongst other things, any damage caused to you, your pet or your property.

2. Privacy Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use BorrowPets.com to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

3. Sharing Your Content and Information You own all of the content and information you post on BorrowPets.com, and you can control how it is shared through your privacy and profile settings. In addition:

3.1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with BorrowPets.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

3.2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3.3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Privacy Policy and our FAQ’s.)

3.4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of BorrowPets.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).

3.5. We always appreciate your feedback or other suggestions about BorrowPets.com, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

4. Safety We do our best to keep BorrowPets.com safe, but we cannot guarantee it. We need your help to keep BorrowPets.com safe, which includes the following commitments by you:

4.1. You will not post unauthorised commercial communications (such as spam) on BorrowPets.com.

4.2. You will not collect users' content or information, or otherwise access BorrowPets.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

4.3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on BorrowPets.com.

4.4. You will not upload viruses or other malicious code.

4.5. You will not solicit login information or access an account belonging to someone else.

4.6. You will not bully, intimidate, or harass any user.

4.7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

4.8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

4.9. You will not use BorrowPets.com to do anything unlawful, misleading, malicious, or discriminatory.

4.10. You will not do anything that could disable, overburden, or impair the proper working or appearance of BorrowPets.com, such as a denial of service attack or interference with page rendering or other BorrowPets.com functionality.

4.11. You will not facilitate or encourage any violations of this Statement or our policies.

5. Registration and Account Security BorrowPets.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

5.1. You will not provide any false personal information on BorrowPets.com, or create an account for anyone other than yourself without permission.

5.2. You will not create more than one personal account.

5.3. If we disable your account, you will not create another one without our permission.

5.4. You will not use your personal timeline primarily for your own commercial gain, and will use a BorrowPets.com Page for such purposes.

5.5. You will not use BorrowPets.com if you are under 18 years old.

5.6. You will not use BorrowPets.com if you are a convicted sex offender.

5.7. You will keep your contact information accurate and up-to-date.

5.8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardise the security of your account.

5.9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

5.10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

6. Protecting Other People's Rights We respect other people's rights, and expect you to do the same.

6.1. You will not post content or take any action on BorrowPets.com that infringes or violates someone else's rights or otherwise violates the law.

6.2. We can remove any content or information you post on BorrowPets.com if we believe that it violates this Statement or our policies.

6.3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

6.4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

6.5. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by us and with our prior written permission.

6.6. If you collect information from users, you will: obtain their consent, make it clear you (and not BorrowPets.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

6.7. You will not post anyone's identification documents or sensitive financial information on BorrowPets.com.

6.8. You will not tag users or send email invitations to non-users without their consent. BorrowPets.com offers social reporting tools to enable users to provide feedback about tagging.

7. Mobile and Other Devices

7.1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

7.2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on BorrowPets.com.

8. Payments If you make a payment on BorrowPets.com, you agree to our Payments Terms unless it is stated that other terms apply. A copy of our payment terms can be supplied when applicable.

9. Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the BorrowPets.com Platform Policy.

10. About Advertisements and Other Commercial Content Served or Enhanced by BorrowPets.com Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

10.1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.

10.2. We do not give your content or information to advertisers without your consent.

10.3. You understand that we may not always identify paid services and communications as such.

11. Special Provisions Applicable to Advertisers If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on BorrowPets.com or our publisher network will comply with our Advertising Guidelines. A copy of our Self-Serve Ad Terms and our Advertising Guidelines can be supplied when applicable.

12. Special Provisions Applicable to Pages If you create or administer a Group or Event on BorrowPets.com, or run a promotion or an offer from your Page or Profile, you agree to our Terms.

13. Special Provisions Applicable to Software

13.1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

13.2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

14. Amendments

14.1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

14.2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice by email or another method.

14.3. Your continued use of the BorrowPets.com Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

15. Termination If you violate the letter or spirit of BorrowPets.com terms and conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of BorrowPets.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, these terms and conditions shall terminate, but various terms from within the following sections will still apply:

  • Sharing Your Content and Information
  • Safety
  • Registration and Account Security
  • Protecting Other People's Rights
  • About Advertisements and Other Commercial Content Served or Enhanced by BorrowPets.com
  • Termination
  • Disclaimers and Limitation of Liability
  • Disputes
  • Severance
  • Governing Law
  • Special Provisions Applicable to Users Outside the United Kingdom
  • Definitions
  • Other

16. Disclaimers and Limitation of Liability

16.1. Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

16.2. BorrowPets.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

16.3. To the maximum extent permitted by applicable law, in no event will BorrowPets.com be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Services, including without limitation losses or damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm you. If you arrange to meet an Owner or a Borrower through the Website, the obligations arising in relation to the meeting(s) are directly between you and we will have no responsibility to you in the event of the meeting(s) being cancelled or delayed and we will have no involvement in any dispute between you about the meeting(s). In the event of you or Pet suffer personal injury, illness or death as a result of any act or omission of any Owner or Borrower (or any other person) or you having any complaint about the quality of the treatment of your Pet or having any other complaint at all, your sole right of redress will be against that person and we will be under no liability at all (whether in contract, tort or otherwise howsoever).

16.4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of BorrowPets.com for death or personal injury as a result of (i) the negligence (as such term is defined by the Unfair Contract Terms Act 1977) of BorrowPets.com; or (ii) fraud or fraudulent misrepresentations by BorrowPets.com.

16.5. Subject to clause 16.4, BorrowPets.com maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100.

16.6. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

17. Disputes

17.1. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

17.2. If anyone brings a claim against us related to your actions, content or information on BorrowPets.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on BorrowPets.com and are not responsible for the content or information users transmit or share on BorrowPets.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on BorrowPets.com. We are not responsible for the conduct, whether online or offline, of any user of BorrowPets.com. You agree to take all necessary precautions when communicating with or meeting other users of the Services.

17.3. WE TRY TO KEEP BORROWPETS.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BORROWPETS.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BORROWPETS.COM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BORROWPETS.COM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BORROWPETS.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

17.4. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BORROWPETS.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BORROWPETS.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BORROWPETS.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Severance If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

19. Governing Law These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

20. Special Provisions Applicable to Users Outside the United Kingdom We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with BorrowPets.com outside the United Kingdom:

20.1. You consent to having your personal data transferred to and processed in the United Kingdom.

20.2. If you are located in a country embargoed by the United Kingdom, or are on the list of Specially Designated Nationals you will not engage in commercial activities on BorrowPets.com (such as advertising or payments) or operate a Platform application or website. You will not use BorrowPets.com if you are prohibited from receiving products, services, or software originating from the United Kingdom.

21. Definitions

21.1. By "BorrowPets.com" or” BorrowPets.com Services” we mean the features and services we make available, including through (a) our website at www.BorrowPets.com.com and any other BorrowPets.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. BorrowPets.com reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these Terms and Conditions.

21.2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from BorrowPets.com or provide data to us.

21.3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with BorrowPets.com.

21.4. By "content" we mean anything you or other users post, provide or share using BorrowPets.com Services.

21.5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from BorrowPets.com or provide to BorrowPets.com through Platform.

21.6. By "post" we mean post on BorrowPets.com or otherwise make available by using BorrowPets.com.

21.7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

21.8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

21.9. By “Trademarks” we mean the list of trademarks provided upon request.

22. Other

22.1. If you are a resident of or have your principal place of business in the United Kingdom, our Terms and Conditions constitute an agreement between you and BorrowPets.com.  References to “us,” “we,” and “our” mean BorrowPets.com.

22.2. These Terms and Conditions make up the entire agreement between the parties regarding BorrowPets.com, and supersedes any prior agreements.

22.3. If any part of these Terms and Conditions is found to be unenforceable, the remaining part will remain in full force and effect.

22.4. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.

22.5. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.

22.6. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.

22.7. All of our rights and obligations under our Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

22.8. Nothing in the Terms and Conditions shall prevent us from complying with the law.

22.9. Our Terms and Conditions does not confer any third party beneficiary rights.

22.10. We reserve all rights not expressly granted to you.

22.11. You will comply with all applicable laws when using or accessing BorrowPets.com.