Terms & Conditions
Website User Agreement
Terms of Web Site Use and Disclaimer
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use and consent to collection, use and disclosure of information as described in our Privacy Policy. If you do not agree to these terms you may not use this site. Our terms can be updated at any time and these changes take effect as soon as they are posted to our website. These updates will be mentioned in our e-newsletter and, when you come to purchase again we suggest you have a scan of our terms. These Terms of Use are effective as of 22 March 09.
When you shop on Canine Spirit we ask you to tick a box to say you have read and accept our terms. Proceeding on our site confirms your acceptance of our terms including recent changes. If you have any questions regarding this Agreement, please email Canine Spirit before using the site. In the event of a conflict between any other term of agreement, policy, or other agreement and this Agreement, the provisions of this Agreement shall govern.
At Canine Spirit we take online security very seriously and try to ensure we manage all online data in a professional way. We are committed to complying with the Data Protection Act 1998 and will all the legal requirements of New Zealand and UK law. Although security is of prime importance to us, you understand that Canine Spirit cannot guarantee our Site will be free of viruses, other detrimental interferences or interceptions by third parties. As such, you are responsible for ensuring you have adequate safety measures in place and accept all risk associated with use of this site.
Definitions:
Canine Spirit Ltd (‘Canine Spirit’) provides visitors access to our websites at www.canine-spirit.com, www.caninespirit.co.uk, www.caninespirit.co.nz, and www.canine-spirit.com.au (collectively the ‘site’) and in return, your use of the site (accessing, browsing, using and / or linking) bind you to our Terms of Use. For the purposes of these terms of use, ‘content' collectively includes any text, image, software, source code, applications, specifications, audio files, articles and other information or content available through the site that are not submissions (as described below). When using particular features of this site, you may also be bound to any guidelines, rules, policies or other terms of service as noted. Whenever we say ‘we', ‘us', or ‘our', we mean Canine Spirit Ltd. Similarly, whenever we refer to Canine Spirit (without the Limited) we are referring to ‘the site’ as defined above. Anytime we say ‘you' we are talking about you, the person on Canine Spirit ordering, researching or surfing. Types of ‘users' include any person accessing, browsing or using our site, either manually or via an automated device or programme, shall be deemed a ‘User' of this Agreement.
Availability & Product Specifications
Although we do everything in our power to ensure the content of the website is current, occasionally items may be out of stock. If any part of your order is unavailable, we will email to inform you and offer you alternatives. If you are unhappy with this we will reimburse your credit card.
Similarly we aim check the site regularly for accuracy, however, occasionally errors may occur where prices are incorrectly displayed or change as a result of circumstances beyond our control. In those situations, you will be informed of the correct / revised prices once we receive your order and, if you should not wish to purchase the product concerned at that price, we will immediately cancel that part of your order. Canine Spirit shall have the right to refuse or cancel any such orders whether or not the credit card has been charged. If the User's credit card has already been charged, we will issue a credit to the card.
We do our best to accurately represent the items in our photography. However, as we have no control over our customers' monitor settings (colours, resolution, etc.) we cannot guarantee colours will be exactly as they appear on our website.
The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation. We use our reasonable efforts to include accurate and up to date information on our web pages including the display of images and colour swatches. Information is for guidance only and different monitors or customer settings may show colours differently, so all information/imagery is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
Competitions
For all Canine Spirit competitions we have the rules and it's up to you to read them and agree to them. Firstly we will always clearly tell you what the prize is and who is eligible to enter. Next you need to enter, answer the question correctly (if there is one) and get your entry to us by the deadline (time and date). You will always only be allowed to enter once. All entries become the property of Canine Spirit and we can't be responsible for lost, late or incorrect entries.
We'll always tell you when we'll draw for the prize winner(s) and then will notify you by either email or phone - this is why it is essential you provide us with your correct email and day-time phone number. We will attempt to get in touch with you for 30 days but, if we can't contact you, you will forfeit the price and we will re-draw for that prize.
If you are the winner, we will arrange delivery to you at the delivery address you provided. You cannot ask for us to give it to someone else nor exchange it or cash it in. As the winner you also agree that Canine Spirit and associates to that competition will be entitled to use your name, your dog's name and possibly a photograph for promotional purposes. This might include displaying it on the Canine Spirit website (or other relevant sites) and in other media.
If the competition is for a travel prize, you will be responsible for paying your own insurance, passports, visas and entry permits (if applicable) and anything else necessary. Travel timing will always be detailed on the entry page and flights are subject to availability.
You must acknowledge that, to the extent permitted by law, Canine Spirit accepts no responsibility or liability for any harm, damage or illness or injury, which may occur as a result of the winner(s) winning the prize. If you win a prize you accept and use that prize at your own risk.
Use and Restrictions
Some information (possibly testimonials, product reviews, expert reviews, buying guides and other commentary information) may be provided by other people including experts, academics, customers, etc. If you post any material on our website, you grant us an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, reproduce, publish, modify, store, archive and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of our services.
By submitting such User Content on or through Canine Spirit you are confirming (a) you are the sole author of the User Content and the User Content originated with you and not copied in whole or in part from any other work; (b) you have obtained all necessary permissions associated with the User Content, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; and (c) the User Content does not contain hate speech or profanity and is not libelous, obscene or otherwise in violation of this Agreement, and (d) that you are not a minor and have the legal right and capacity to enter into and comply with these Terms.
By submitting any such User Content to or through Canine Spirit, you grant us and permission to use your name, alias and any other information (as provided by you) to attribute such User Content to you. Without limiting the generality of the previous sentence, and subject to our Privacy Policy you authorize Canine Spirit and our affiliates to share the User Content across all affiliated Web sites, and to use your name and any other information in connection with its use of such User Content. You also grant us, and our affiliates, the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content. We are not responsible for the similarity of any of our Content or programming in any media to User Content submitted by you. Any and all rights granted in this section are granted without the need for any compensation to you in any form.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions, goals, profiles or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. Canine Spirit reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Canine Spirit determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Canine Spirit may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Canine Spirit's discretion, Canine Spirit will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require Canine Spirit to monitor, police or remove any Submissions or other information submitted by you or any other user.
User Content does not reflect the views of Canine Spirit, and Canine Spirit does not represent or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of any User Content, nor endorses or supports any opinions expressed in any User Content. In no event shall Canine Spirit have or be construed to have any responsibility or liability for or in connection with any User Content.
If we determine, in our sole discretion, you or any User Content you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
CANINE SPIRIT DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS WEB SITE.
Warranties and Disclaimer
THE SITE , SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANINE SPIRIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CANINE SPIRIT DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO CANINE SPIRIT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
Limitation of Liability
CANINE SPIRIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Copyright & Trademarks
The Content and the Site, as well as the selection and arrangement thereof, are the sole property of Canine Spirit and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Canine Spirit's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Canine Spirit grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by Canine Spirit's licensors may be subject to additional restrictions.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Canine Spirit or such marks' respective owners. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. However, you may not display or reproduce the Marks other than with the prior written consent of Canine Spirit, and you may not remove or otherwise modify any trademark notices from any Content. Permanent copying or storage of whole or part of this Web site or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited
Copyright and Trademark Infringements
Notification: Canine Spirit respects the intellectual property rights of others, and we ask you to do the same. Canine Spirit may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Canine Spirit's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Canine Spirit to locate the material.
Information reasonably sufficient to permit Canine Spirit to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Governing Law
Our Terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these Terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute. Any litigation, proceedings, lawsuits, and hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in North Shore, Auckland, New Zealand.
Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between Canine Spirit and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. Canine Spirit and you waive any rights they may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Canine Spirit as a result of these Terms of Use, our Privacy Policy or any use of the Site. Canine Spirit's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Canine Spirit's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Canine Spirit with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Canine Spirit with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Canine Spirit with respect to the Site.
Links to Third Party Websites
Whilst we do make every effort to ensure any links on our site, link to high quality and reputable sites, they are not under our day-to-day control. When you click through to these sites you leave the area controlled by Canine Spirit. Therefore we cannot accept responsibility for the privacy practices or the content of these web sites. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
Important Notice
All adventure activities are potentially hazardous. Even the correct selection, maintenance and use of equipment and gear cannot eliminate all danger. Any person using gear or accessories bought from Canine Spirit Ltd. personally assumes all risks and accepts responsibility for any damages or injuries of any kind, including death. Staff and reference material from Canine Spirit Ltd. should be accepted as advice only and in no way should this be a substitute for proper instruction, veterinary care or common sense use.
Problems with this website
If you are experiencing problems with this website or have a question please email us at
For more information on our Privacy Policy and Security, click here
Feedback
If you submit any feedback or ideas about our products and services to this Site, you hereby assign and agree to assign to Canine Spirit all right, title and interest in and to such feedback.
