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Our Website Terms of Use

Last updated: 21 August 2023

  1. Introduction

Welcome to the PetMatch.ie website. PetMatch.ie (the “Site” or “Website”) is owned and operated by PetMatch Limited, a company registered in the Republic of Ireland under company number 709871 with our registered office at Ground Floor, 71 Lower Baggot Street, Co.Dublin with a VAT number of 3921225PH. In these terms we refer to ourselves as “PetMatch” “we”, “us”, “our” or “ourselves”. You can contact us at hello@petmatch.ie.

This document sets out the Terms of Use of our Website, and applies to anyone who accesses or uses our Site. These Terms of Use apply to usage of all services provided by us, including access to our site via desktop, as well as mobile usage. The use of the Website and the provision of our services on the Website are subject to you accepting the Terms of Use (defined below).

The agreement between you and us in relation to your use of the Website (the “User Agreement”) consists of these terms and conditions of use (“Terms of Use”), our Cookie and Privacy policies (each a “Policy” and together the “Policies”), all of which you should read carefully before you start to use the Website.

Users acting in a commercial or professional capacity who advertise pet-related goods or services to consumers on PetMatch.ie for purposes relating to trade or business are Business Users for the purposes of these Terms. Users acting on behalf of an animal welfare rescue or shelter who advertise animals looking for homes on PetMatch.ie are Rescue Users for the purposes of these Terms. Members of the public who use the site for personal, non-commercial reasons are Public Users. Collectively all Business Users, Rescue Users and Public Users are referred to as Users in these terms unless specifically referred to by User category. 

 

  1. Your Consent

Please review the Terms of Use and each Policy carefully. By accessing and using the Website, you confirm that you have read, understand and accept the Terms of Use and the Policies and that you agree to abide by their respective terms each time you access and use the Website. If you do not agree with any of the Terms of Use or any Policy, you may not use the Website.

If you use our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

 

  1. Modification of Terms

We may modify the Terms of Use and any Policy at any time. Any changes to the Terms of Use and Policies applicable to Users shall be notified on the Website and any continued use of the Website means any such User shall be deemed to have read, understood and agreed to be bound by the then prevailing Terms of Use and Policies.

 

  1. Website Availability & Access 

The User Agreement applies to all Users and visitors to the Website. As a condition of your access and use of the Website, you warrant to us that you have the right, authority and capacity to enter into and be bound by the Terms of Use.

As a User of the Website, you warrant that you, and any User(s) associated with your PetMatch account, do not have any animal care related violations or crimes.

You may only use our Website for lawful reasons. 

You must not attempt to hack or attack or attempt to gain unauthorised access to our Website, any part of it or any software or equipment connected to it. We may take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

Access to the Website is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website without notice or liability. Access to the Website may be restricted or the Website may be unavailable to allow us to repair, maintain or improve the Website. Whilst we try to make this Website available at all times, we make no promises that it will be available at all times and we will not be liable if the Website is unavailable for any period of time, for whatever reason. 

The use of the Website by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the Website that it is important that they communicate with minors about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.

You are responsible for making all arrangements necessary and ensuring that you have the necessary and compatible equipment and/or devices for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection, including any minors, are aware of these terms, and that they comply with them.

The services which are made available on the Website by us from time to time will, amongst other things, allow Users: (i) to create, publish and manage written profiles for animals looking for homes;  (ii) to create, publish and manage written advertisements for the provision of pet-related goods and/or services; (iii) to contact other Users of the Website; (v) to search our database for animals, Rescue Users and business partners (vi) to forward animal profiles to people you know; (viii) to download or copy portions of information, data, text, images, photographs, graphics, video, messages and other materials; together, “Content”).

You may use the Website for your own personal and non-commercial use strictly in accordance with the User Agreement.  Where you use the Website for commercial purposes, additional terms and conditions applicable to Business Users shall apply. Where you use the Website as a Rescue User the Rescue Code of Conduct shall also apply in addition to the User Agreement.  

 

  1. Registration of Accounts

Registration is not required if you simply want to browse through the postings and content of the Website. Registration is required if you want access to core services, including but not limited to, posting animal profiles, events, commercial advertising and saving searches. The nature of the Website functionality available to you will be dependent on the type of User and any profile created. 

As part of the registration process, you will be asked to enter certain details including your email address and a password. The information required as part of the registration process will vary depending on the type of profile being created. All information supplied by you must be complete and accurate. You may not: (i) enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. You agree only to use the Website using your own name (for Public Users), your rescue or charity name (for Rescue Users) or your business name (for Business Users), email address and password; (ii) enter, select or submit User details without appropriate authorisations or rights; or (iii) use or submit a mobile phone number or email to us in respect of which you are not the registered owner, bill-payer and/or account holder. 

You may not enter a name or email address that:

  • Contains “PetMatch” or otherwise misrepresents your relationship with PetMatch.ie or any other party;
  • Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
  • Violates any trade mark or other proprietary right; and/or
  • Misleadingly impersonates someone else.

 

We reserve the right to deactivate accounts containing names and/or email addresses that do not comply with these Terms of Use at our discretion.

You shall be responsible for maintaining the confidentiality of your User details. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to use your email address or password to access the Website. You will be fully responsible for all activities occurring and all actions taken under your account and for keeping your password secure, for example you must not enter your account information into a phishing website, or any other website purporting to be or offer services for PetMatch. 

You agree to notify us immediately if you suspect any unauthorised use of your User details, account or access to your password or any other related breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision or for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge. You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

If you forget or lose your User details used for the purposes of accessing restricted areas of the Website, you should request these by following instructions on the Website.

By providing us with your email address, you consent to our using that email address to send you PetMatch related notices, including any notices required by law, in lieu of communication by post. This will include notifications about providing feedback on adoption of a pet as feedback left between people is an integral part of the Website. We may also use your email address to send you other messages, such as changes to features of the PetMatch service and newsletters. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.

We do not sell or knowingly pass any personal information from your account to any third party, except information which is provided by you as part of an enquiry made in respect of an animal on the Website. Your details and privacy are important to us. If you feel that your information has been compromised in any way, please report it immediately to us at hello@petmatch.ie.

In accordance with Data Protection Law, non-registered and registered Users of our Website can request we delete any personal data we hold.  In some instances we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies).

Further information about how we use your information, and your rights to update your communication preferences, your right to data deletion and how long we retain data for can be found within our Privacy Policy.

We reserve the right, in our sole discretion and at any time, to refuse registration of, disable, suspend or terminate a User’s registration, access rights and/or login details in accordance with Clause 10 of these Terms of Use if we believe that you have not complied with any provisions of these Terms or any other terms or policies applicable to you.

If we believe that there has been a breach of security in relation to your login details or we believe that your account has been misused, then we may lock your account and require you to change your password.

We reserve the right to deactivate accounts that are inactive for an extended period of time.

 

  1. Using and Accessing Website Content

Our Website is aimed at website visitors based in the Republic of Ireland. You may not use or access the Website in and from jurisdictions in which its contents are restricted or prohibited by local law or otherwise.

We have no obligation to monitor or moderate any User’s activity or use of the Website, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the Terms of Use or otherwise.

You agree and acknowledge that PetMatch shall not be liable in respect of information which is hosted or cached by it or in respect of which it acts as a mere conduit. 

Without any admission of liability, we may from time to time assess any possible risks for Users from third parties when they use the Website, and we will decide in each case whether it is appropriate to use moderation or pre-approval of advertisements on the Website (including what kind of moderation to use) in the light of those risks. We expressly exclude our liability (whether in contract, tort or otherwise) for any loss or damage arising out of or in connection with the use of the Website by a User in contravention of the Terms of Use, whether the service is moderated or not and whether or not an advertisement has been reviewed by us prior to appearing on the Website.

You understand that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any information, products or services on the Internet in any way. Except where identified otherwise, all information, products and services offered through the Website or on the Internet generally are offered by third parties that are not affiliated with us. 

You understand that we do not guarantee or warrant our Website and/or files that may be available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for ensuring that the equipment and devices you use to access our Website are installed with up to date and sufficient anti-virus software and for maintaining a means external to the Website for the reconstruction of any lost data.

You should not rely on any content and/or any other material on the Website to make or refrain from making any decision or take or refrain from taking any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such content and/or materials by any User of the Website, or by anyone who may be informed of any of the content. We accept no responsibility for keeping the information on the Website up to date or complete, nor do we accept any liability for any failure to do so. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website or on the Internet generally.

We reserve the right to refuse to publish any content or other material or to provide any other services without prior notice to any User or Users for any reason or no reason.

 

  1. Restrictions on Right to Use

You agree that you shall not (and you agree not to allow any third party to):

  • Modify, copy, adapt, translate, or reverse engineer any portion of the Website and/or the PetMatch service;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any Content or other material obtained via the Website and/or the PetMatch service;
  • Breach the Code of Standards for Advertising and Marketing Communications in Ireland;
  • Offer and/or promote products or services without the required authorisation(s);
  • Do or say anything which is deliberately harmful to the reputation of PetMatch and which may lead any reasonable person to cease conducting business with or to substantially vary in an adverse manner the terms upon which it conducts business with PetMatch;
  • Promote competitor services on our Website;
  • Place an undue or unfair burden on our support services;
  • Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website;
  • Collect any information about Users of the Website and/or the PetMatch service for any purpose other than to use the Website in the manner intended by us;
  • Create or transmit unwanted electronic communications such as ‘spam’ to other Users of the Website and/or the PetMatch service or otherwise interfere with other User’s enjoyment of the Website and/or the PetMatch service;
  • Engage in or promote any of the following (or what we deem to be similar to the following): surveys, contests, unsolicited emailing or spamming via the Website;
  • Impersonate any person or entity;
  • Solicit passwords or personally identifying information from anyone;
  • Reformat or frame any portion of the web pages that are part of the Website;
  • Create user accounts by automated means or under false or fraudulent pretences or create multiple log ins;
  • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material;
  • Aggregate, copy, store or duplicate in any manner any Content offered on the Website other than for your own personal use or as permitted by the User Agreement;
  • Upload or republish any part of our Content on any Internet, intranet or extranet site;
  • Use any device, software or routine that interferes with or otherwise attempt to interfere with the proper working of the Website;
  • Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • Use the Website and/or the PetMatch service, intentionally or unintentionally, to violate or in violation of any applicable law or in a manner that puts us in violation of applicable law;
  • Upload, post, email, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights;
  • Attempt to gain unauthorised access to the Website, its facilities and/or services or any accounts, computer systems and networks connected to the Website through hacking, password mining or any other means;
  • Post or use any material that is unlawful, malicious, intimidating, inappropriate, obscene, abusive, defamatory, indecent, threatening, violent, offensive, discriminatory, racist or criminal, or promotes or incites any activity or behaviour of this nature; and/or
  • Harvest or otherwise collect by any means any programme material or information from the Website unless authorised under the Terms of Use or to monitor, mirror or copy any Content of the Website without our prior written consent.

 

Breaches of the above or any other provision of these Terms of Use may lead to your access to the Website being suspended or terminated.  Further information on suspension or termination is outlined in Clause 10 below. 

 

  1. Interactions with Other Users

You agree not to use defamatory, abusive, threatening or otherwise offensive language in your interactions with other Users.

Public Users should remember that all pet profiles are listed and managed by the respective rescue organisation currently in possession of the animal. These organisations are often constrained in terms of employee or volunteer numbers and so may require time to revert to enquiries made in relation to a specific animal. 

We have no obligation to verify the identity of any Users when they are connected to the Website or to monitor material provided by them. You understand that we cannot guarantee the identity of any other Users with whom you may interact in the course of using the PetMatch service. Additionally, we cannot guarantee the authenticity of any data which Users may provide about themselves.

Your interactions with other Users, including the adoption of any animal identified through the Website or representations associated with such dealings, are solely between you and the other User.

We accept no responsibility for transactions that take place on the Website. While we reserve the right to monitor or to intervene in disputes between you and other Users, we have no obligation to do so.

As with any web-based interaction, we suggest that you use caution and good judgement. If there is a dispute between you and any third party we are under no obligation to become involved.

You are encouraged to exercise discretion when providing personal information about yourself on the Website. Please note that certain information which you may choose to provide might reveal data consisting of your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning your sex life or sexual orientation.

When Users are involved in an interaction, information such as each other’s name, username, email address, and other contact information may be exchanged between the Users. We cannot guarantee that other Users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of the party you are interacting with before entering into transactions and choosing to share your information with them. 

You may use other Users’ information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  • PetMatch enquiry related purposes that are not unsolicited commercial communications;
  • using services offered through PetMatch; and
  • other purposes that a User expressly agrees to.

 

Although we cannot monitor the conduct of Users off-line, you must not use any information obtained from the Website in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any User or person without their prior expressive consent.

 

  1. Content Standards and Management

These provisions apply to any and all Content which you contribute to the Website, and to any services associated with it including Content supplied to PetMatch via email and social media. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.

You are solely responsible for any Content that you submit, publish or display on the Website or transmit to other Website Users. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any User’s use of the Website. 

The following is a non-exhaustive list of the type of Content that is prohibited on the Website. You must not:

  • Defame, abuse, harass, stalk, threaten or otherwise offend others;
  • Deceive or mislead any person and/or entity;
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
  • Submit, upload, post or email any content that:
    • Gives the impression that it emanates from PetMatch or that you are connected with us or that we have endorsed you or your business;
    • Is disparaging about other organisations, individuals, breeds/pets or PetMatch.
    • Is false, deceptive, misleading or inaccurate;
    • Is unlawful, obscene, defamatory, seditious, indecent, offensive, malicious, intimidating, inappropriate, abusive, threatening, violent, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, is in breach of confidence or is in breach of privacy or promotes or incites any activity or behaviour of this nature;
    • Is abusive in nature to another User of the Website;
    • Is in breach any applicable laws or regulations;
    • Duplicates Content already published on the Website;
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider or proprietary and confidential information); 
    • Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights of anybody else;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
    • Interferes with or disrupts the Website or servers or networks connected to the Website; and/or
    • Links to any material of a nature specified above.

 

By posting Content on the Website or submitting content to us via your User account, email or social media including photos and rehoming success stories, you grant to us, and you represent and warrant that you have the right to grant us an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is non-exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your Content with the Content of other Users for purposes of constructing or populating a searchable database. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.

We do not control the Content posted by Users on the Website, including the content of any advertisements or animal profiles, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website and/or the PetMatch service, you may be exposed to Content that is offensive, indecent or objectionable. We do not usually edit or monitor content uploaded by Users. User’s content has not been approved by us and does not necessarily represent our views or values. If there is content uploaded by other Users that you wish to complain about then please contact us using the contact details set above.

You are responsible for complying with all laws applicable to the Content you submit to the Website. 

We reserve the absolute right at our sole discretion to reject, amend or remove any Content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all Content submitted to us, accessed on or published on the Website at any time.  We will, where required by law, provide you with a statement of grounds upon which your use of our services has been restricted in this way.

You agree to modify any account profiles or content that violates this Code of Conduct within the timeframe requested by PetMatch.

If you fail to comply with these Terms, we reserve the right to suspend or withdraw indefinitely your access to or use of our Website. We may also take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

 

  1. Suspension and Termination

We may immediately suspend or delete your profile, any content and postings you have created and terminate your access to the PetMatch service without prior notice at our sole discretion. The suspension and/or deletion or otherwise of a profile and/or content should not be viewed as an indication of wrongdoing on the part of the User.  Business and Rescue Users will be provided with a statement of reasons for termination and shall have the opportunity to clarify the facts and circumstances leading to their suspension or termination with us.

Without limiting the foregoing, grounds for suspension and/or deletion of a User’s profile, content and/or termination of access to the PetMatch service may include but are not limited to: (a) a conviction of pending legal action for animal cruelty, neglect or any animal-related crimes; (b) a conviction of pending legal action for fraud (c) a breach or violation of the User Agreement and/or other terms applicable to the User category (d) a request by law enforcement, police or other government agencies about you or any Content that you have submitted to us; (e) a request by you (self-initiated deletion(s)); (f) unexpected technical issues or problems; and (g) extended periods of inactivity. 

In particular, your account with us may be terminated with immediate effect if we suspect you have engaged in any fraudulent or misleading activity on our Website.  Termination of access to the PetMatch service may result in the removal of all or any content that we may decide to delete. It may also result in preventing your further use of the Website, depending on the circumstances. Furthermore, you agree that termination of the User Agreement or your use of the Website by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account, access to the Website or removal of Content. 

We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of the User Agreement through your use of the Website and/or the PetMatch service. When a breach of the User Agreement has occurred, we may take such action as we deem appropriate.

 

  1. Concerns and Complaints

If you have any concerns about material which appears on the Website or if you believe that Content posted on the Website breaches the User Agreement or is in any other way objectionable, please notify us through hello@petmatch.ie specifying the full details and the reasons for your concern or complaint. If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. 

You are solely responsible for your interactions with other Users of the Website. While we reserve the right to monitor or to intervene in disputes between you and other Users, we have no obligation to do so.

We will use all reasonable endeavours to respond to complaints received as soon as possible.

 

  1. Disputes with Third Parties

You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website and/or the PetMatch service. You must, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you.

 

  1. Commercial Advertising 

Businesses and persons acting in the course of trade are welcome to place classified advertisements on the Website subject to the additional terms and conditions that apply. Businesses and persons acting in the course of trade must create a Business User profile prior to placing any advertisement.

Advertisements published by businesses or persons acting in the course of trade must comply with applicable laws and it is those persons’ responsibility to ensure they do.  

All advertisements must adhere to the ‘Code of Advertising Standards’ of The Advertising Standards Authority for Ireland in addition to the standards set out in the Agreement and PetMatch Advertising Terms & Conditions.

 

  1. Responsibility

We are not responsible for the goods and/or services appearing on the Website, nor are we responsible for the Content appearing in any of the advertisements. To the fullest extent permitted by law we disclaim any and all liability in respect of any claim arising from any reliance placed on the Content of any advertisement by any User of the Website or any claims arising in respect of any goods to which the Content relates.

 

  1. Consequences for Failure to Comply with the Agreement

Failure by you to comply with the User Agreement may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Website and/or the PetMatch service;
  • Immediate, temporary or permanent removal of any posting, material or Content uploaded by you to the Website;
  • Issue of a warning to you;
  • Limit the amount of postings you may make;
  • Initiation of legal proceedings against you for reimbursement of all costs resulting from the breach;
  • Other legal action against you; and/or
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary, as set out in our Privacy Policy.

 

We exclude liability for actions taken in response to breaches of the Terms of Use. The responses described above are not exhaustive and we may take any other action we reasonably deem appropriate.  Please see Clause 10 above for examples of circumstances that would be deemed to be a breach of the User Agreement which may give rise to termination or suspension and our rights and obligations in that regard.

 

  1. Intellectual property

The Website and the PetMatch service are protected by copyright.  All individual advertisements, articles, Content and other elements comprising the Website and the PetMatch service are also protected by copyright. Except for the Content that you submit (“User Content”), all intellectual property rights (including copyright, design rights and trademarks) in the Website, Content and the PetMatch service (“Protected IP”) are owned by us or third parties who permit the use of the Protected IP on the Website. Save for any User Content, the design of the Website and all information contained on the Website is proprietary to us and other third parties (as applicable).  

You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, or the PetMatch service in whole or in part except as expressly provided. Except as expressly and unambiguously provided in these Terms of Use, we and our advertisers, licensors or suppliers do not grant you any express or implied rights to use any Protected IP, and all rights in any Protected IP not expressly granted to you are reserved.

You may reproduce material from the Website for your own personal, non-commercial reference and you may draw the attention of others to material posted on the Website. Reproduction of material from the Website for other purposes is permitted, provided that the source of the material is acknowledged and subject to the following exceptions. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on the Website for the purposes of viewing it while connected to the Internet only.

Our status (and that of any partners, advertisers or third parties identified on the Website) as the authors of material on the Website must always be acknowledged by you.

You must not use any part of the Content on the Website for commercial purposes without obtaining a licence to do so from us.

All product or service names mentioned on the Website are the trademarks of their respective owners, and other trademarks may be displayed on the Website from time to time. Nothing displayed on the Website should be construed as granting you any licence or right of use of any logo, information or trademark displayed on it, without the express written permission of the relevant owner, except as expressly provided in the Terms of Use.

For the purposes of Part II, Chapter 7 of the Copyright and Related Rights Act 2000 (as amended) and an equivalent rights under the laws of any other jurisdiction, to the extent you may have any moral rights in any Content (including User Content), you confirm and agree that: (a)you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns; and (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content.

If you print off, copy or download any part of the Website in breach of the User Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.

 

  1. Disclaimer of Liability

This section does not apply to any goods, services or digital content that we may sell to you via this Website. Business Users should refer to our terms and conditions of sale.

The Website and the PetMatch service are provided on an ‘as is’ basis only. You may not rely on any Content and/or other material on the Website to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability (whether in contract, tort or otherwise) arising out of or in connection with any reliance placed on such Content and/or materials by any User of the Website, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information in the Website up to date or complete or liability for any failure to do so.

The Content and other material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. 

To the fullest extent permitted by law, we expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of opportunity, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, any direct or any indirect or consequential loss or damage incurred by any User in connection with the Website and/or PetMatch service or in connection with the use, inability to use, or results of the use of the Website and/or PetMatch service, any websites linked to it and any materials posted on it however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

PetMatch assumes no responsibility for the health, behaviour or temperament of animals adopted that have been identified through use of the PetMatch service. 

We disclaim all liability  for any injury, harm or damages to any person or property  caused by an animal identified through the Website and subsequently adopted from a Rescue User.

Nothing in these Terms of Use shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of PetMatch or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

We shall not be liable for any failure to perform any of our obligations under the User Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Website.

Although we make all reasonable endeavours to ensure that the Website is free from viruses and defects, we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in the User Agreement.

 

  1. Indemnity

You shall indemnify and keep us and our respective officers, directors, shareholders, employees, agents, licensors and suppliers (each an “Indemnified Person”) indemnified on demand from and against all judgments, awards, penalties, claims, settlements, fines, costs, liabilities and expenses (including without limitation, reasonable legal and accounting fees) suffered or incurred by an Indemnified Person and arising out of or in connection with any of the following:

  • any breach of the User Agreement;
  • your access to or use of the Website, the Content or the PetMatch service in a manner that infringes or is alleged to infringe any applicable law or the rights (including, without limitation, the privacy or intellectual property rights) of any other person.

 

  1. Disclaimer of Endorsement

Content on the Website referring to any products or services by trade name, trademark, manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or validation by us. We have not independently verified the accuracy of any description of any goods or services advertised on the Website. Any views, opinions and other Content posted by Users on the Website are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it. While we have Business Users for whom we allow advertising of products and services as described above, we are not responsible or liable for the performance of those products and services or the quality thereof.

 

  1. Links to the Website

You may link to the Website for the purpose of promoting an interest common to both of us, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission or in order to directly compete with the Website and redirect traffic from it. This is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

You must not establish a link from any website that is not owned by you.

We reserve the right to withdraw linking permission without notice. The Website (in whole or in part) must not be framed on any other website or in any other way altered or displayed in a different manner to the manner in which we display it.

If you wish to make any use of material on the Website other than in the manner permitted by these Terms of Use including as set out above please contact us.

 

  1. Links from the Website

Where the Website contains links to other websites and resources advertisers using the Website or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave the Website and do so entirely at your own risk.

 

  1. Contact from Us

In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are necessary for the normal functioning of the Website, including emails which help inform Users about functionality of the Website. You can read more information about this in our Privacy Policy. 

 

  1. Privacy and Cookies Policy

Your privacy is important to us.  Please review our Privacy Policy to see how we collect, protect, process and use your personal data.  The Website also uses cookies and by using the Website you agree to the placement of cookies.  To learn more about the cookies we use and how to manage them please review our Cookie Policy.

Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy or cookie policies of these other websites.

 

  1. Governing law and jurisdiction

The User Agreement, and any non-contractual obligations arising out of or in connection with the User Agreement are governed by, and shall be construed in accordance with, Irish law, and the courts of Ireland shall have exclusive jurisdiction to hear, settle and determine any dispute which may arise out of or in connection with the User Agreement save that we retain the right to bring proceedings against you in your country of residence or any other court of competent jurisdiction.  

 

  1. Waiver, Rights Cumulative

A failure to exercise or delay in exercising a right or remedy provided by the User Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by the User Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy. The rights and remedies contained in the User Agreement are cumulative and not exclusive of rights or remedies provided by law.

 

  1. Severability

If the whole or any part of a provision of the User Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of the User Agreement and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the User Agreement.

 

  1. Assignment and Entire Agreement

We may assign or subcontract any or all of our rights and obligations under the User Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under the User Agreement.

By agreeing to the User Agreement you are also agreeing to the transfer of, by way of novation, all respective rights and obligations outlined in this document.

The Terms of Use and the Policies contains the entire agreement and understanding between the parties relating to the Website and the PetMatch Service, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between any Policy and the Terms of Use, then the Terms of Use shall take priority.

 

  1. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website and/or the PetMatch service provided by you to us are non-confidential and may be used by us at our discretion.