Last updated: 01 January 2023
Please read these terms and conditions carefully before using the http://earlsdogfood.co.uk website and any associated web services (“Website”). Your access to and use of the Website are conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Website.
Intellectual Property
The Website and its original content, features and functionality are owned by Earls Dog Food® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content contained on the Website except for your own personal, non-commercial use.
Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions. The trademarks, logos, and service marks displayed on the Website are registered and common law trademarks of Earls Dog Food®.
User Comments and Feedback
If, at our request, you send comments or feedback about the Website, you agree that we are free to use them without any restriction or compensation to you.
Links To Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by Earls Dog Food®.
Earls Dog Food® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Earls Dog Food® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including breaches of these Terms and Conditions. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes To Terms & Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the site.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose personal information from our users. You acknowledge and agree that your use of the Website is subject to our Privacy Policy.
Disclaimer
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis.
The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Earls Dog Food® its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components.
Limitation Of Liability
In no event shall Earls Dog Food®, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Earls Dog Food®, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available on the Website.
Indemnification
You agree to indemnify, defend and hold harmless Earls Dog Food® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
Changes To Terms
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Earls Dog Food® reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Returns And Refunds
Please review our Returns Policy posted on our website prior to making any purchases.
Contact Us
If you have any questions about these Terms, please contact us at:
Earls Dog Food Ltd
123 Main Street
London, W1D 7AJ
United Kingdom
Email: [email protected]
Phone: 020 7946 0020
Order Cancellation
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Shipping Policy
Please review our Shipping Policy posted on our website prior to making any purchases.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Website may contain links to third party websites that are not owned or controlled by Earls Dog Food®.
Earls Dog Food® has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Earls Dog Food® will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Website, you expressly acknowledge your use of and release Earls Dog Food® from responsibility for accessing third party websites and release Earls Dog Food® from any claims arising out of or relating to such third party websites.
You shall be solely responsible for your use and access of third party websites and your use of any content, information, materials or services on or available through such websites. Any information you choose to give to unrelated third parties is not covered by the Earls Dog Food® Privacy Policy. You should review their privacy policy and other terms governing use of those websites.
Responsibility of Contributors
If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.
You represent and warrant that:
- you own or control all rights in and to your Content, or you have the right to use the Content, and you have the right to grant the license rights granted below;
- your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or make libelous, harassing, abusive or otherwise unlawful statements;
- your Content does not infringe any patent, trademark, trade secret, copyright or other proprietary rights or intellectual property rights of any person or entity or promote illegal activities or violate export control laws;
- your Content does not include or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- your Content is not spam, does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts.
By submitting, posting or displaying the content you give Earls Dog Food® a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Website.
You grant Earls Dog Food® the right to use the name that you submit in connection with such content, if Earls Dog Food® so chooses.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Earls Dog Food® for all claims resulting from content you supply.
Copyright Policy
Earls Dog Food® respects the intellectual property rights of others. It is our policy to respond promptly to claims of intellectual property infringement.
If you believe your work has been copied or used in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying Earls Dog Food® and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Earls Dog Food®’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent
Earls Dog Food Ltd
123 Main Street
London, W1D 7AJ
United Kingdom
Email: [email protected]
Phone: 020 7946 0020
Applicable Law
By visiting this website, you agree that the laws of the United Kingdom, without regard to principles of conflict laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Earls Dog Food® or its affiliates.
Disputes
Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in London, United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Earls Dog Food®’s intellectual property rights, Earls Dog Food® may seek injunctive or other appropriate relief in any state or federal court in the state of United Kingdom, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the International Centre for Dispute Resolution United Kingdom. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Earls Dog Food®’s Website. We reserve the right to make changes to our site, policies, service terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at [email protected].
