1. Overview
1.1. The website located and accessible at https://www.uksnifferdogs.com/ (the “UKSD Platform”) is a copyrighted work belonging to UK Sniffer Dogs Limited, a private limited company incorporated under the laws of England and Wales with company number 12267657 and with registered address at Friarswood, Chipperfield Road, Kings Langley, Hertfordshire, England, WD4 9JB (“UKSD”, “Company”, “us”, “our”, and “we”).
1.2. These general terms and conditions, together with the documents referred to in them (the "Terms") govern your access to and use of the UKSD Platform whenever you, as a customer (“you”, “your” and “Client”), use the UKSD Platform to purchase Products (as defined below).
1.3. The following additional terms, which are incorporated by reference into these Terms, also apply to your use of the UKSD Platform:
(a) Our Refunds and Club Rules (https://www.uksnifferdogs.com/returns-and-refunds) which set out the terms applicable to returns and refunds.
(b) Our Privacy Policy (https://www.uksnifferdogs.com/privacy-policy) which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and
(c) Our Cookies Policy (https://www.uksnifferdogs.com/cookies-policy) which sets out the terms on which cookies and similar technologies are used on the UKSD Platform. [1]
1.4. By accessing or using the UKSD Platform, you acknowledge and agree to be bound by these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree to all the provisions of these Terms, you must not access or use the UKSD Platform.
2. Definitions
In these Terms, the below definitions also apply:
Competing Business: any business which competes, or proposes to compete, with the business of UKSD or the UKSD Platform;
Dog Owner: a Client who is not an Instructor who is in a bona fide position to purchase Products via the UKSD Platform that are targeted at pet dogs and their owners.
Expenses: expenditure incurred, directly or indirectly in connection with the provision and/or consumption of Products;
Fee(s): fees due and payable by the Client to UKSD, including: (i) any payment for Products provided by UKSD to the Client; (ii) any Licence Fees and/or Instructor Memberships; or (iii) any other fees incurred by Client in accordance with these Terms from time to time.
Feedback: any suggestion or idea for improving or otherwise modifying the UKSD Platform or any of UKSD’s other products or services.
Instructor: a Client who: (i) is a dog trainer; (b) has completed the Minimum Instructor Requirements (or their equivalent); and (c) is in a bona fide position to purchase Products from UKSD and/or pay the Licence Fee.
Instructor IP: Intellectual Property Rights to the commercialisation of (i) UKSD’s logo, identifiable under UK trademark number UK00003435948; and (ii) certain of UKSD’s course content and recordings as detailed on the UKSD Platform, specifics of which may be communicated by UKSD to you from time to time.
Instructor Membership: has the meaning given in clause 6 (Instructors and Members) below.
Intellectual Property Rights: means any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, rights in voice recordings, rights in videos, database rights and rights in data, semiconductor chip topography rights, the right to sue for passing off, utility models, domain names and all similar rights and, in each case: (i) whether registered or not; (ii) including any applications to protect or register such rights; (iii) including all renewals and extensions of such rights or applications; (iv) whether vested, contingent or future; and (v) wherever existing.
Instalment: a sum of money due as one of several payments, spread over a period of time. “Instalments” shall mean each Instalment together.
Licence Fee: the monthly fee payable by an Instructor to UKSD via an Order Form for access to UKSD’s Instructor IP.
Licence Start Date: has the meaning given in the applicable Order Form.
Licence Term: has the meaning given in the applicable Order Form.
Minimum Instructor Requirements: qualifications provided by a reputable dog training organisation (including, but not limited to: (i) the APDT, IMDT, SCS, VSA, PPG, PPN, ICAN, ISCP; (ii) organisations specialising in scent qualifications, such as WSDA Instructor, Scentwork UK, or UKCSD; or (iii) any other equivalent ‘positive reinforcement’ dog training association as may be agreed by the parties from time to time.
Order Form: the document for placing orders for Products that are entered into between you and UKSD from time to time, including any of its addenda and/or supplements.
Products: the products and services offered for sale by UKSD on the UKSD Platform from time to time, including but not limited to courses, workshops, educational content, trials, and merchandise.
Total Order Value: the total Fees due and payable by Client to UKSD, as detailed within the applicable Order Form, and/or in relation to Products purchased via the UKSD Platform.
UKSD Platform: the software application, platform and service owned and/or controlled by UKSD that is accessible via the url: https://www.uksnifferdogs.com.
3. Changes to Terms
We may amend these Terms from time to time by amending this page. Every time you wish to use the UKSD Platform, please check this page to take note of any changes we have made. You are responsible at all times for complying with the current version of these Terms.
4. Changes to the UKSD Platform
4.1. We do not guarantee that the UKSD Platform, or any content in it, will always be available or uninterrupted.
4.2. We reserve the right (in our sole discretion) to suspend, discontinue or restrict the availability of the UKSD Platform (or part thereof) for any reason or no reason at all. We will try to give you reasonable notice of any such suspension, discontinuation or restriction. You agree that UKSD will not be liable to you or to any third party for any suspension, discontinuation or restriction of the UKSD Platform or any part thereof.
4.3. We do not guarantee that the UKSD Platform, or any content in it, will always be free from errors or omissions. We reserve the right (in our sole discretion) from time to time to change the UKSD Platform for any reason or no reason at all. We will try to give you reasonable notice of any major changes. Your continued use of the UKSD Platform following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that UKSD will not be liable to you or to any third party for any change to the UKSD Platform or any part thereof.
4.4. You acknowledge and agree that UKSD will have no obligation to provide you with any support or maintenance in connection with the UKSD Platform.
4.5. You are responsible for making all arrangements necessary for you to have access to the UKSD Platform. You are also responsible for ensuring that all persons who access the UKSD Platform through your internet connection are aware of these Terms and that they comply with them.
4.6. Nothing in these Terms will restrict UKSD’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or the individual providing such Feedback, unless otherwise agreed.
5. Signing-Up
5.1. After signing up to use the UKSD Platform, you will receive confirmation that you have done so via email.
5.2. Without prejudice to our Privacy Policy, by signing up to the UKSD Platform, you agree to the use of communication via email and the storing of that email address by UKSD.
5.3. Unless otherwise agreed by the parties, there is a collective limit of one person and one pet dog for each person that signs up to use the UKSD Platform.
6. Instructors and Members
In relation to Instructors only:
6.1. Without prejudice to clause 13 (Intellectual Property) below, a mandatory Licence Fee is payable by all Instructors via an Order Form for continued use of the Instructor IP, following the successful completion of the UKSD ‘Bronze Level Instructors’ Course’ as further detailed on the UKSD Platform.
6.2. Instructors may opt to sign-up to our annual membership, which:
(a) includes the Licence Fee; and
(b) provides access to an exclusive members area within our UKSD Platform,
(“Instructor Membership”).
6.3. The Licence Fee and/or Fees for the Instructor Membership may be paid in equal monthly instalments for a minimum of 12 months, as detailed on the applicable Order Form.
6.4. Cancellation of Membership or Licence Fee: These Terms and Conditions govern the cancellation of memberships or licence fees for UK Sniffer Dogs. By enrolling in a membership or obtaining a licence, you agree to these terms. Minimum Commitment Period Duration: Members are required to make a minimum of 12 months of payments before they are eligible to cancel their membership or licence. Commencement: The commitment period begins on the date of passing your instructor assessment. Cancellation Notice Notice Period: Members must provide 30 days’ notice should they wish to cancel their membership or licence after the minimum commitment period has been met. How to Cancel: To cancel, members must submit a written notice via email to [email protected] Refunds: No refunds: Payments made prior to the cancellation notice are non refundable. Service Access: During notice period, members will retain access to services during the 30 day notice period. Post cancellation: Access to services will be terminated at the end of the notice period, you will no longer be permitted to use our Trademarked logo, name or intellectual property. Changes to Terms: Notice, we reserve the right to modify these terms at any time. Members will be given 30 days notice of any changes. Acceptance: Continued use of the membership or licence after changes indicates acceptance of the new terms.
7. Participation
7.1. Unless otherwise agreed:
(a) the number of available spaces for participants in the provision of any particular Product on any given day is limited;
(b) participation in the provision of any Product on any given day by Clients is provided on a ‘first come, first serve’ basis; and
(c) in the event that there is no space available on any given day for participation in the provision a particular Product, through no fault of your own, you will be (i) provided with an alternative date for participation; or (ii) if no date can be agreed, entitled to a full refund of Fees paid for that particular Product.
7.2. In the event that you or your pet dog cannot participate in the provision of any particular Product through illness and wish to:
(a) reschedule to the next available date for such participation; or
(b) suggest a substitute or replacement person to participate on your behalf,
you will have to provide UKSD with a note from either a doctor or a licensed veterinarian (as applicable), without delay.
7.3. The Client acknowledges that:
(a) the use of ‘e-collars’, ‘prong collars’, ‘check chains’, or any other device that, in the absolute discretion of UKSD, causes discomfort, pain or fear to the dog, is prohibited; and
(b) that the use of an appropriate harness and/or flat collar is required,
during participation in the provision of our Products.
7.4. The Client acknowledges that throughout participation in the provision of our Products, pet dogs must be:
(a) kept ‘on-lead’, unless an instructor of UKSD provides consent to you walking with your dog ‘off-lead’ within a particular area; and
(b) secured and/or ‘closed-in’ when other dogs are being worked with or on in a particular area, as required.
7.5. The Client acknowledges that appropriate footwear and clothing, suitable for the applicable weather conditions, are to be worn during participation in the provision of Products.
7.6. UKSD will determine the appropriate length and/or duration of each course, workshop, or other event-based Product (“Event”) for each of its participants, based on: (i) the progress of each of its participants and their dogs at such Event; (ii) the total number of participants at such Event; and (iii) the physical and psychological capability of each dog present at such Event.
7.7. Without prejudice to our Refunds and Club Rules or clause 11 (Refunds) below, the Client acknowledges that lateness and/or unexplained non-attendance at an Event, will not entitle the Client to a refund or the ability to make up any missed time at that particular Event or any Event that may take place in the future.
7.8. The Client acknowledges that UKSD reserves the right to postpone or cancel any Event if:
(a) there are or it is likely that there will be insufficient participants at such an event, and no less than ten (10) days’ notice has been provided to the confirmed participants;
(b) the representative of UKSD that was due to host such an Event is unavailable due to illness or other similar reason; or
(c) for any other reasonable reason as communicated by UKSD to the Client.
8. Fees and Payments
8.1. Fees and/or charges due and payable by the Client to UKSD will be requested at the point of purchase. We reserve the right to amend the fees applicable to our Products and as detailed on the UKSD Platform at any time.
8.2. A payment will be considered received once it has cleared in a UKSD bank account, details of which will be as communicated by UKSD to the Client (“UKSD Bank Account”). For the avoidance of doubt, any bank transfer charges are to be borne by the Client and are not to be deducted from the Fees.
8.3. Unless otherwise agreed by the parties, Clients have the choice of:
(a) paying for Products directly online through the UKSD Platform via an applicable payment link; or
(b) for Fees payable pursuant to an Order Form, by way of transfer to a UKSD Bank Account.
9. Expenses
Unless otherwise agreed by the parties, Client shall be responsible for the payment of its own Expenses (including, but not limited to, expenditure related to travel, accommodation, and/or food).
10. Health, Liability and Insurance
10.1. The Client undertakes that, as of the date of participation in the provision of a Product (the “Applicable Event Date”):
(a) their pet dog is, and will remain, fully vaccinated and free of disease;
(b) if their pet dog that is a bitch comes or is ‘in-season’ on or shortly before the Applicable Event Date, you will promptly inform the representative of UKSD facilitating the provision of that Product;
(c) if their pet dog falls ill on or shortly before the Applicable Event Date, you will immediately inform the representative of UKSD facilitating the provision of that Product to prevent the spread of further illness; and
(d) their pet dog is ‘de-wormed’ and ‘de-flead’.
10.2. You agree to procure and maintain at all times during the Licence Term appropriate third party and professional indemnity insurance cover with respect to Products with a reputable insurance company and against all relevant liabilities that may arise under this Agreement in respect of you.
10.3. Pursuant to section 21 of the Control of Dogs Act 1986 and its remaining provisions, you agree to take full responsibility for your dog and the actions of your dog and acknowledge that UKSD accepts no responsibility for damage or injury resulting from dog bites occurring to Clients or their dogs whilst participating in the provision of Products.
11. Refunds
Unless otherwise agreed by the parties, Products are non-refundable and non-transferable.
12. No Guarantee of Success
In accordance with clause 16.1 below, the Client acknowledges that UKSD provides no guarantee of success to the Client as a result of participation in the provision of Products.
13. Intellectual Property
13.1. Notwithstanding the remaining provisions of this clause 13 (Intellectual Property), UKSD retains title to all of its background Intellectual Property Rights.
13.2. Without prejudice to clause 13.3 below, you acknowledge that, without the payment of a Licence Fee or unless otherwise agreed, you will have no rights to the use of any of UKSD’s Intellectual Property Rights.
13.3. Notwithstanding the provisions of clause 13.2 above, in consideration of the payment of a Licence Fee by an Instructor, UKSD agrees to grant to that Instructor a limited, exclusive, royalty-free, non-transferable, and non-sublicensable licence to use the Instructor IP solely for the commercial purposes contemplated by these Terms.
14. Photography and Content
14.1. During an Event (as defined in clause 7.6 above), filming, photography and broadcasting may take place, which may capture or record you in images and/or recordings. For information about how your personal information will be used, please see our Privacy Policy.
14.2. By participating in the Event, you grant permission for us to record and use your voice, image and likeness captured by any means (including using mobile devices, telephones and cameras) during, at or around the Event (including on our premises). This may be used in photographic images and/or films and for advertising our Products.
14.3. We only use your personal information in accordance with our Privacy Policy. Please ensure you take the time to read this, as it includes important information.
15. Non-Competition
15.1. The Client agrees that they shall not for a period of twelve (12) months from the date of purchase of a Product, without the prior written consent of UKSD, directly be engaged, concerned or interested in any capacity in any Competing Business.
15.2. Nothing in this clause 15 (Non-Competition) will prohibit the Client from holding or being interested in, by way of bona fide investment, securities of any company provided that such company is not in competition with UKSD and that any such holding when aggregated with shares or securities beneficially owned by the Client or its connected persons will not exceed five per cent (5%) of the whole, or any class of, the issued share capital of that company.
16. Disclaimers and Limitation of Liability
16.1. OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT, UKSD ADMINISTERS THE UKSD PLATFORM AND PROVIDES ITS PRODUCTS ON AN ‘AS IS’ BASIS AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, TERMS, REPRESENTATIONS AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING ANY WARRANTIES, TERMS, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.
16.2. OTHER THAN TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL UKSD’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE LOWER OF ONE HUNDRED GREAT BRITISH POUNDS AND THE TOTAL ORDER VALUE DUE AND PAYABLE TO UKSD. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
16.3. UKSD DISCLAIMS ANY LIABILITY TO THE YOU, YOUR ANIMALS, OR TO ANY THIRD PARTIES FOR DEATH, INJURY, ACCIDENT, LOST PROFITS, REVENUES OR FOR ANY DAMAGES HOWEVER CAUSED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17. Warranties and Indemnities
17.1. You represent and warrant that you:
(a) (if you are an individual) have legal capacity and are of legal age to form a binding contract and that you are at least 18 years old;
(b) have not previously been removed / suspended / restricted from using the UKSD Platform;
(c) are of sound mind and are capable of taking responsibility for your own actions and have full power and authority to agree to these Terms;
(d) are not violating any other agreement to which you are a party in agreeing to these Terms;
(e) all the information you provide to us is accurate, up to date and not misleading and that you will notify us of any changes to any information you have provided;
(f) will not bring UKSD or the UKSD Platform into disrepute;
(g) will not use the UKSD Platform if any applicable laws in your country prohibit you from doing so;
(h) are not located in any country that is subject to a United Kingdom government embargo;
(i) are not listed on any United Kingdom government list of prohibited or restricted parties;
(j) any funds that you use to transact through the UKSD Platform do not originate from any criminal activity or activity that is unlawful or could be considered unlawful by any relevant jurisdiction;
(k) are not using the UKSD Platform to conceal any economic activity such as money laundering or the financing of terrorism;
17.2. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless UKSD, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “UKSD Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the UKSD Platform, (b) your violation of these Terms, (c) your violation of the rights of a third party, or (e) your failure to pay any applicable taxes due by you. You agree to promptly notify UKSD of any third party Claims and cooperate with the UKSD Parties in defending such Claims. You further agree that the UKSD Parties shall have control of the defense or settlement of any third party Claims.
18. Third Party Links and Resources
18.1 Where the UKSD Platform contains links to other websites and services and/or displays advertisements of third parties:
(a) These links and advertisements are not under our control and are provided for your convenience only. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to links and advertisements. You use all links and advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so.
(b) When you click on any links and advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
18.2. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links and advertisements. We assume no responsibility for the content of such websites or resources and we will not be liable for any loss or damage that may arise from your use of them.
19. No Agency, Partnership etc.
Nothing in these Terms constitutes, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
20. Assignment
You shall not assign any of your rights under these Terms, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of UKSD and any attempt by you to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
21. Notices
You agree that any notices, agreements, disclosures, or other communications delivered to any email address that we have for you on record is considered valid.
22. Severability
If any provision of these Terms shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms; and, the remaining provisions of these Terms shall remain in full force and effect.
23. Applicable Law
You agree to comply with applicable law, if and as required, for the fulfilment of these Terms.
24. Termination
UKSD reserves the right, without notice and in its sole discretion, to terminate your license to access or use the UKSD Platform itself, to continue to purchase Products, or (to the extent permitted by applicable law or unless otherwise detailed within these Terms) to participate in the provision of any Product at any time and for any reason. You understand and agree that UKSD shall have no liability or obligation to you in such an event.
25. Entire Agreement; Amendment
These Terms represent the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom.
26. Waiver
The waiver by either party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
27. Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no person other than UKSD and the Client shall have any rights under it.
28. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and in the event of any dispute the parties hereby submit to the exclusive jurisdiction of the English courts.
07545 893631
