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info@petcounter.co.uk

Pet Counter - the place for pets

Pet Counter Terms and Conditions

Please read the following terms and conditions carefully, you may print a copy of our terms and conditions for your records.

The terms and conditions found on the website www.petcounter.co.uk (our website, the website) contain important information about customer rights, and regulate the use of our website, and any orders placed.

You as the customer are responsible for reading and accepting these terms and conditions before proceeding with an order.

1. Introduction

1.1 The website is owned and operated by Pet Counter Limited (our, we, us, Pet Counter), under Company Number 8589514 and VAT number 176 4169 83. The company is registered in England and Wales.

1.2 All information and material (images, logos,products) on our website is owned by us, or included with the permission of the owner. No copying of any information or material on the website is permitted for any business or commercial use without our written permission. You may not create any link to our website without prior written consent.

1.3 You will be required to show acknowledgement and acceptance of the terms and conditions by clicking the ‘accept’ button at the checkout before finalising the order. In clicking the ‘accept’ button, you agree to be legally bound by the terms and conditions. If you do not agree to, or wish to be bound by the terms and conditions, then you may not use our website.

1.4 During the ordering process on our website, you will be required to provide your own personal information and your pet’s information (pet information). We will use this pet information when processing the order.

2. Purpose of our website

2.1 Our website is a place for you to browse and order products for your pet or animal. The products include pet accessories, pet food, non-prescription items and some prescription items.

Products are detailed more extensively on our website.

2.2 Our website is only for use by individuals over eighteen (18) years of age that can agree to be legally bound by the terms and conditions. No order or payment can be made by anyone under the age of 18. If you are under the age of 18, you may not place an order on our website without the involvement or supervision of a parent or guardian. The parent or guardian is required to accept and be legally bound by these terms and conditions and place any orders for the person under the age of 18. By using our website, you agree you are aged 18 or over.

2.3Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms.

2.4 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

2.5 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

3. Your personal and account information

3.1 You are responsible for ensuring that the details provided on any registration on our website, or at any other time when using our website, are correct and up to date. This includes your personal information (to include but not limited to; name, address, telephone numbers) and your pet information (to include but not limited to; species, breed, weight, age). We are not liable for any delay caused to your order by incorrect personal or pet information being provided.

3.2 You must inform us immediately of any changes to the information you provided on registration or use of our website. We recommend that you review and update your personal and pet information at least every 12 months.

3.3 You are responsible for keeping any account login information or passwords for our website confidential at all times. You agree to accept all responsibility for any activities that occur on our website under the account details and password provided. You should contact us immediately should you have any reason to believe the account login details and password you have provided are being used without your authorisation, for this you can email us at info@petcounter.co.uk.

3.4 You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so. You may not use another users account information to login.

3.5 In addition to these Terms of Use, your use of our website is also governed by the following documents:

Our privacy policy, which is available here: [Privacy Policy]. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

Our cookies policy, which is available here: [Cookie Policy]. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

3.6 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

If you do not agree to the terms set out in these Terms of Use, you must not use our website.

4. Your guarantee

4.1 Your guarantee to us is that you have: (a) read the information on our website about the nature and use of the product; (b) that you understood the product information you have read; (c) that you are competent in the safe use and application/administration of the product on or to your animal or pet; (d) that you have deemed the product to be suitable for use in, on or for your animal or pet; (e) that you have selected and purchased the correct size, number or dose of product for your animal or pet.

4.2 We are not liable for any selection or purchase of products that you later deem to be unsuitable for your animal or pet.

5. Ordering and purchasing products on our website

5.1 To order a product on our website, you will be required to follow the ordering procedures on our website. All product information, including prices, are displayed on our website.

5.2 All orders placed on our website will be subject to our acceptance of the order. We are entitled to refuse any order placed on our website if: (a) if in our opinion the product ordered is unsuitable for the use on the animal or pet you have provided information for; (b) in any other circumstances without being required to give any reason to you.

5.3 If we have any concern or queries about the products you have ordered according to the pet information you have provided, then we will contact you electronically for clarification about the products you have ordered.

5.4 If your order is accepted, we will electronically confirm this (confirmation of order) with the details provided at time of order. The order will be fulfilled by the date set in the confirmation of the order, or within thirty (30) days of the confirmation of order if no date is specified.

5.5 All payment procedures are displayed on our website. You must pay by credit or debit card at the time of order. No other payment method will be accepted on our website.

5.6 We try to ensure the prices on our website are accurate at all times, and will reference your order when placed as an audit of this. We will inform you if the correct price of the product is higher than that stated at the time of order, and then you may cancel the order and choose whether or not to order the product at the correct price.

5.7 If a product you order is unavailable for delivery within 30 days of the date of order, then we will contact you to offer you a refund.

5.8 If a product you have ordered is unavailable for delivery due to a supplier issue, we will not automatically substitute your order for a similar product. We may contact you electronically to advise on products that are of a similar use and cost.

5.9 We are not liable for any delay or non-delivery of your order caused by incorrect personal or pet information being provided. In such circumstances we reserve the right to charge an administration fee or inform you that you must place a repeat order.

5.10 It is the responsibility of you as the customer placing an order on our website to provide the correct information at the time of order, and to ensure the credit or debit card used is your own.

You must ensure you have sufficient funds available to cover the total cost of your order at the time the order is placed. There is no facility for credit on our website. We reserve the right to obtain validation of the credit or debit card details before fulfilling the order.

5.11 All products listed on our website are inclusive of VAT.

6. Delivery

6.1 Any times or date stated on our website or confirmation of order are estimates only. Pet Counter will endeavour to dispatch all products ordered within 5 working days of the order being placed. The exception of this is any prescription items ordered, which will be dispatched within 5 working days of receipt and acceptance of a written prescription from a Veterinary Surgeon, Pharmacist or Suitably Qualified Person. If we are not able to dispatch your order within 5 working days then we will contact you electronically.

6.2 Delivery timescales will depend on the delivery option selected at the checkout by the customer.

Pet Counter will make every effort to deliver the order within the time specified, but is not liable for any delivery that takes place outside of the specified times. Extra charges will apply for special and recorded deliveries. You are responsible for ensuring you have selected the correct delivery option before placing your order.

6.3 All products listed on our website are exclusive of delivery costs unless specified in the product description. Heavy or large items may be subject to an extra delivery charge. We reserve the right to charge delivery on any item according to the rate set by a standard courier, and to amend our delivery costs at any time. If you are unsure of our delivery costs then please contact us.

6.4 Deliveries to the UK Highlands, Channel Islands and Northern Ireland are subject to a delivery charge. We do not offer any products for sale to any person resident outside of the United Kingdom

6.5 You, as the customer, are responsible for checking your products on receipt for damage and accuracy. Any discrepancies or damage must be reported to us within 24 hours of delivery of the products.

6.6 If you have not received your dispatch confirmation within 5 working days of placing your order then please contact us. Orders will not be fulfilled on UK public holidays.

6.7 If you have not received your order within 15 working days of receipt of your dispatch confirmation then please contact us so that we can notify the courier or Royal Mail as appropriate.

If we have sent a product by Royal Mail and it has not been received then you must first contact your local Royal Mail sorting office before contacting us. You will then be required to complete the relevant Royal Mail documentation for us to investigate the non-delivery of products by Royal Mail.

7. Returns

7.1 You may return any products you have purchased, with the exception of prescription only medicines. To do so, you must notify us in writing (email or postal letter) within seven (7) working days of delivery with the reason for return, which will be considered before refund is made.

7.2 Refunds will be paid as soon as possible, but may take up to thirty (30) days to process. You are responsible for arranging and covering the cost of the return of products to Pet Counter. If you do not return the products to Pet Counter we reserve the right to charge you for the cost of recovering the products from you.

7.3 Whilst any products are in your possession, you are responsible for taking care of the products you intend to return to us. You must not use any products that you intend to return to us, and if products are sealed they must be returned to us with the seal intact. All products must be returned to us in the original packaging and with any free or promotional items which originally accompanied them. Failure to comply with clause 7.3 may result in refusal of refund.

7.4 If the product delivered to you is (a) not what you ordered; (b) does not correspond with the description of the product on our website; or (c) is not delivered in a satisfactory condition or is damaged in any way, then Pet Counter, at its discretion, will deliver you a replacement product or refund you the price paid for the product and the costs involved with the return of the product to us. If the product was delivered by Royal Mail, we will provide you with a postage paid envelope to return the product to us, or if it was delivered by courier, we will cover the costs of the courier charges for the return of the product to us.

7.5 If you are returning the product to us because they are damaged or faulty, then you must include a written explanation of the damage or fault.

7.6 If you notify us by email that you wish to cancel an order and the product has already been dispatched but not delivered to you, then you must return the products to us within seven (7) working days of delivery. Refunds will be paid as soon as possible, but may take up to thirty (30) days to process. You are responsible for arranging and covering the cost of the return of products to us.

8. Website modifications

8.1 We reserve the right to may any changes or corrections to our website, including altering, suspending or discontinuing any aspect of our website or the content available through it, including your access to it.

8.2 We will try to ensure that the content of our website is accurate, but our website may contain errors in typing or other inaccuracies. We rely upon the information provided to us by the manufacturer of each product, and cannot be responsible for changes made to products by the manufacturer, especially when changes have not been notified to us.

9. Prescription only medications – Veterinary Surgeon and or Pharmacist, Suitably Qualified Person (POM-V & POM-VPS)

9.1 Some products on our website are only available for order and sale if you have a valid prescription from a veterinary surgeon, pharmacist or suitably qualified person for such products.

In order to order POM-V and POM-VPS medications, you must place your order through the website and then send us a copy of the prescription by email or by post to the address set out in clause 17.1. We recommend that the prescription is sent by recorded delivery. A copy of the prescription can be emailed to info@petcounter.co.uk.

9.2 Products will not be dispatched until receipt of the prescription. We will confirm by email when the prescription has been received and the product has been dispatched.

9.3 If the original prescription is not received by us within thirty (30) working days of the date of order, then the cost of the products will be refunded to you, minus an administration fee of £1.50. It may take up to thirty (30) working days to process the refund.

9.4 The product will only be dispatched to the person whose name and address is on the original written prescription.

9.5 We cannot accept any written prescriptions which are issued by veterinarians, pharmacists or suitably qualified persons whose place of business is located outside of the United Kingdom (UK).

9.6 POM- V and POM-VPS products cannot be returned for refund.

9.7 Written prescriptions should be sent to: Pet Counter, C/O Aspen Veterinary Surgery, 139 Woolwich Road, Upper Abbey Wood, London, SE2 0DW, or by email to info@petcounter.co.uk.

10. Non-delivery of products

10.1 If your order is not received within five (5) working days of the estimated delivery date, then you should notify us by email with your order number. We will note that the order has failed to be delivered, and will contact the courier as appropriate.

10.2 If the product is being sent by Royal Mail, and the order has not been received after 15 working days from the estimated delivery date, then you must contact your local Royal Mail sorting office before contacting us. You may be required to complete Royal Mail documentation for us to investigate the non-delivery of products.

11. Applicability of online materials

11.1 Unless otherwise specified, all content and materials published on our website are solely for your private, personal and non-commercial use.

11.2 Our website is controlled and operated by us, and information on products is supplied by the manufacturer of each product. Pet Counter does not verify manufacturer’s information in any way, and we accept no responsibility for the accuracy of the manufacturer’s information.

11.3 Any advice given on our website is intended as general information only, and should not replace veterinary advice. You must consult your veterinary surgeon for advice on specific issues relating to the health and well-being of your pet or animal. No duty of care is assumed to any person, and no liability is accepted for the contents of our website.

12. Copyright

12.1 You must not modify, copy, reproduce, republish, upload, post or distribute any material or information from our website in any way, including but not limited to test, graphics, video, messages, code and software without our prior written consent.

12.2 The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.

12.3 These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org

12.4 Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

13. Linked websites

13.1 Pet Counter is in no way representative of any other websites which you may access through our website or that may be linked to our website. Any such website is independent from Pet Counter and we have no control over the content of that website. Pet Counter accepts no responsibility for the content or the use of any other website.

13.2 Pet Counter is not liable for any loss or damage caused or alleged to be caused by or in connection with use of any content, goods or services available on or through any other website or resource. Any concerns over the content of any external source or website should be expressed to the website administrator of that site.

13.3 You may not link to our website without our prior written consent.

14. Availability of our website

14.1 We will try to make our website available at all times, but cannot guarantee that our website will run continuously or without interruption. We cannot guarantee that our website will be error free and can accept no liability for its unavailability.

14.2 You must not attempt to interfere with the proper running of our website, and you must not breach security, tamper with, hack into or disrupt any computer system, server, website, router, or any other website connected device.

14.3 Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries.

15. Our promise and liability

15.1 We promise that we have the right to sell any product available on our website, that we will try to ensure the product corresponds to the description given to you, and that the product will be dispatched in a satisfactory quality to you.

15.2 We do not endorse any other terms, conditions, warranties and representations with regard to any products on our website, or any information or service provided through our website.

15.3 We accept no liability for any indirect or consequential loss or damage, or for any indirect loss of data, profit, revenue or business by any cause.

15.4 You are responsible for ensuring your computer system meets all relevant specifications required to use our website.

15.5 We cannot and do not guarantee that any material available for download from our website will be free from infection, virus, or any other code with contaminating or destructive properties.

You are responsible for applying sufficient anti-virus procedures to satisfy the data input and output.

16. General terms

16.1 These terms and conditions are personal to you, and are entered into by you for your own benefit, and not for the benefit of any third party. The terms and conditions do not affect your statutory rights.

16.2 We may assign any rights, and transfer, delegate or sub-contract any obligations under these terms and conditions.

16.3 These terms and conditions may alter from time to time, and any new version will be updated on our website accordingly, following which all use of our website will be governed by the latest version of our terms and conditions. We recommend that you check the terms and conditions on our website regularly.

16.4 If any part of these terms and conditions shall become or be declared illegal, then that part will be deleted from the terms and conditions.

16.5 These terms and conditions and the use of our website are governed by English law.

16.6 Pet Counter LTD is registered as a Veterinary Practice Premises with the Royal College of Veterinary Surgeons (RCVS premises number 7188995) and the Veterinary Medicines Directorate (VMD premises number 2034529).  

16.7 Jacqueline Willis RVN C-SQP Cert CFVHNut MBVNA (RCVS Number 6578602, AMTRA SQP number QC50951) is a director of Pet Counter and is on the Register of Veterinary Nurses. Rai Dutta MRCVS (RVCS Number 0409646) is also a director of Pet Counter LTD. Jacqueline WIllis and Rai Dutta are governed by the rules and regulations of the Royal Veterinary College.

17. Contact information

17.1 Contact can be made by email to info@petcounter.co.uk or by post to Pet Counter LTD, C/O Aspen Veterinary Surgery, 139 Woolwich Road, Upper Abbey Wood, London, SE2 0DW (our registered company address).

17.2 We will contact you if needed to at either the email address or the postal address we hold on record for you. If a telephone number is provided, we will contact you by phone for order information only.

17.3 Any notice served by either party is deemed received when an email or written correspondence is received in full, or on the next business day when the correspondence is received on a weekend or public holiday.

17.4 Any complaints should be sent in a written format to the above postal address. 

17.5 Any complaints regarding issues relating to veterinary medicines should be sent to the VMD at the following address: Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey, KT15 3LS. Complaints may also be emailed to the VMD at postmaster@vmd.defra.gsi.gov.uk. PLEASE NOTE, ONLY COMPLAINTS REGARDING ISSUES RELATING TO VETERINARY MEDICINES MUST BE SENT TO THE VMD, AND NOT COMPLAINTS REGARDING CUSTOMER SERVICE. 

18. VMD links

18.1  VMD’s Adverse Event (Suspected Adverse Reaction Scheme) online yellow form:  https://www.vmd.defra.gov.uk/AdverseReactionReporting/Product.aspx?SARType=Animal 

18.2 VMD Product Information Database: http://www.vmd.defra.gov.uk/ProductInformationDatabase/

18.3 Any complaints regarding issues relating to veterinary medicines should be sent to the VMD at the following address: Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey, KT15 3LS. Complaints may also be emailed to the VMD at postmaster@vmd.defra.gsi.gov.uk. PLEASE NOTE, ONLY COMPLAINTS REGARDING ISSUES RELATING TO VETERINARY MEDICINES MUST BE SENT TO THE VMD, AND NOT COMPLAINTS REGARDING CUSTOMER SERVICE. 

19. Changes we may make to these Terms and Conditions and other documentation

19.1 We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

  • to reflect any changes in the way we carry out our business;

  • to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;

  • to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

  • to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

  • to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance. 

    If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.

20. Prohibited uses of our website

    1. You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.


    2. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.


    3. You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

  • for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

  • for any fraudulent purposes whatsoever;

  • to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

  • to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

  • to communicate with, harm or attempt to harm children in any way; or

  • in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

    4. You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:

  • under the age of 18; or

  • if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.

    1. You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

    2. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

21. Viruses and other harmful content

21.1 We do not guarantee that our website does not contain viruses or other malicious software.

21.2 We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

21.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

21.4 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

22. Exclusions and limitations of liability

22.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

22.2 SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

    1. YOUR USE OF OUR WEBSITE;

    2. ANY CORRUPTION OR LOSS OF DATA;

    3. ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);

    4. ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

    5. ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

    6. ANY LOSS OF REPUTATION OR GOODWILL;

    7. ANY LOSS OF SAVINGS;

    8. ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

    9. ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

    1. WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

    2. You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

22.5 YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

22.6 To the extent that any of the provisions of this clause 1 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

22.7 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agreeto defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

  • your uploads, access to or use of the website;

  • your breach or alleged breach of these Terms of Use;

  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

  • any misrepresentation made by you.

22.8 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.