Terms & Conditions for ‘The DogMobile Company’ Website

Please read the following terms and conditions carefully. They are legally binding and govern your access to and use of ‘The DogMobile Company’ website ("the Site"). If you do not agree with these terms, you should exit the Site now. By continuing to browse or otherwise use the Site or any content shown on the Site, you agree to be bound by these terms.

1. ‘The DogMobile Company’ web site

1.1 ‘The DogMobile Company’ website is owned and operated by DM International (“DM International”), whose offices are based in Leeds, England (and may also be referred to as "we", "our" and "us"). If you have any questions about these terms, the Site, The DogMobile Company or Dm International, to contact us on enquiries@dogmobile-online.co.uk

1.2 Where we refer to "you" in these terms we means any visitor to the Site who browses or otherwise uses content on the Site (and "your" shall be construed accordingly).

1.3 In these terms where we refer to "Content" we mean all data, information, material and content, including but not limited to, text, pictures, photographs, software, video, music, sound and graphics which are made available to you on the Site.

2 Use of the Site

2.1 You acknowledge and agree that you are only permitted to browse and use the Site as expressly set out in these terms or on the Site and for your own personal use only.

2.2 You may not:
2.2.1 copy, remove, modify, interfere with, obscure, reformat, reverse engineer or decompile, transfer or otherwise make available or in any way commercialise the Content made available through the Site or any information learned by you whilst using or accessing the Site or any software used to operate the Site (except to the extent expressly permitted by applicable law);

2.2.2 remove, obscure or change any copyright, trade mark or other intellectual property right notices displayed on the Site or displayed on any material copied or printed from the Site.

2.3 You may establish a link to the Site from your site, provided that you always make clear that the Content is proprietary to and made available by The DogMobile Company / DM International and you do nothing to misrepresent such Content or linked material in any way or cause any detriment to The DogMobile Company / Dm International in any way.

2.4 Subject always to our Submissions Policy set out in paragraph 3 below, if you provide us with any feedback on the Content shown on the Site you hereby grant to The DogMobile Company / DM International a perpetual, irrevocable, royalty-free, world-wide licence to use, reproduce, transfer, modify, adapt and/or publish any such feedback provided by you to us as The DogMobile Company / Dm International sees fit.

3 Submissions Policy

3.1 The DogMobile Company / DM International cannot guarantee that it will review any submissions and whilst we appreciate your comments, The DogMobile Company / DM International cannot make a guarantee that it will respond to any submission which you may make in contravention of this policy. We will post up on this Site any changes to this Submissions Policy as soon as possible.

3.2 Notwithstanding the foregoing, if you do send us a submission, then you acknowledge that you do so on a non-confidential basis and The DogMobile Company / DM International does not owe you or the information any duty of confidentiality and you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights or any other intellectual property or proprietary rights or implied contract) and you waive the right to receive any financial or other consideration in connection with such submission. To the extent that such rights exist, you hereby grant to The DogMobile Company / DM International a perpetual, irrevocable, royalty-free, world-wide licence to use, reproduce, transfer, modify, adapt and/or publish any submission provided by you to us as The DogMobile Company / DM International sees fit.

4 Your Obligations

4.1 You will only use the Site and the Content in accordance with these terms and in an appropriate and lawful manner and by way of example and not as a limitation, you shall not (and shall not authorise or permit any other party to):

4.2 use the Site to receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;

4.3 circumvent user authentication or security of any host, network or account (referred to as "cracking " or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading The DogMobile Company / DM Internationa'ls legitimate web pages (referred to as "page-jacking"). Users who violate systems or network security may incur criminal or civil liability and The DogMobile Company / DM International will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

4.4 use the Site to advertise or offer to sell any goods or services for any commercial purpose;

4.5 knowingly or recklessly transmit any electronic content (including viruses) through the Site which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by The DogMobile Company / DM International or other Internet users;

4.6 make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Site or which is otherwise likely to damage or destroy The DogMobile Company / DM International reputation or the reputation of any third party.

5 Privacy and Your Information

5.1 The DogMobile Company / DM International’s usage of your personal information is governed by The DogMobile Company / DM International’s Privacy Policy Statement which forms part of these Terms and Conditions.

5.2 You acknowledge that any public chat, discussion group or bulletin board services and similar services that may be offered by The DogMobile Company / DM International on the Site are public communications and your communications may be available to others. Consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you in these public areas.

5.3 Monitoring or recording of your communications with us may take place in accordance with the law, and in particular for The DogMobile Company / DM International’s business purposes, such as for quality control and training and to prevent unauthorised use of The DogMobile Company / DM International’s systems.

6 Intellectual Property rights

6.1 The DogMobile Company / DM International’s trade marks and all stylised versions, associated logos and symbols and combinations of the foregoing with any other word or mark used on the Site are the trade marks of The DogMobile Company / DM International Except as expressly provided by these terms any use of such trade marks is prohibited.

6.2 All intellectual property rights (including any patent, copyright, database rights, registered design, trade mark, trade name, logos, service marks, know-how or industrial or intellectual property right subsisting anywhere in the world and any applications to protect any of the above) and goodwill in and relating to the Site (including all components developed and produced for the Site including the operating software, up-dates, format, art direction, look and feel and content) (the "Intellectual Property Rights") shall be owned by or licensed to The DogMobile Company / DM International by our third party contributors or creative partners. Except as expressly permitted in these terms, your use of the Intellectual Property Rights displayed on this Site or contained in the Content is prohibited. All rights are expressly reserved.

7 Liability

7.1 Nothing in these terms shall act to limit or exclude The DogMobile Company / DM International liability for death or personal injury resulting from The DogMobile Company / DM International’s negligence, fraud or any other liability, which may not by applicable law be limited or excluded. Your statutory rights are not affected.

7.2 The Site and the Content are provided on an "as is" and “as available” basis. We do not warrant the accuracy, completeness, currency, suitability or reliability of any of the Content made available on the Site and we disclaim all warranties and conditions, including implied warranties and conditions or satisfactory quality, fitness for a particular purpose and non-infringement.

7.3 The DogMobile Company / DM International shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Content but availability may be affected by your equipment, communication networks, too many people trying to use the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

7.4 Due to the inherent risks in using the Internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or other property when using or browsing the Site or when downloading any Content and neither The DogMobile Company / DM International nor any member of The DogMobile Company / DM International shall be liable for any loss, claim, damage, or any punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings or loss or corruption of data) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Content, (ii) any failure or delay in the use of or inability to use any component of the Site or the Content and (iii) any other information, software, products, services and related graphics obtained through the Site in all cases even if we have been forewarned of such loss or damage.

7.5 The DogMobile Company / DM International shall not be liable to you due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone or telecommunications operators or other competent authority or other party for whom The DogMobile Company / DM International is not responsible.

7.6 Your only remedy under these terms is to discontinue using the Site.

8 Liability for third party content

8.1 The DogMobile Company / DM International assumes no responsibility for and does not endorse unless expressly stated, any third party’s website, products or services which may be linked to or which may be made available from this Site or any Content published on any third party’s website.

9 Variation and Termination

9.1 The DogMobile Company / DM International reserves the right to edit, modify, suspend, terminate or remove the Site and/or the Content at any time, without notice and for any reason and this may include terminating your access to the Site and/or the Content immediately following any breach of any of these terms by you.

9.2 The DogMobile Company / DM International reserves the right to revise these terms at any time and any revised terms shall become effective two weeks after being posted on the Site. By continuing to use the Site you will be deemed to have accepted the revised terms and you should check back periodically to ensure that you have read the most current version.

10 Indemnity by you

10.1 You hereby agree to fully indemnify and to hold The DogMobile Company / DM International harmless from and against any claim brought by a third party resulting from the use of the Site or the Content by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Vodafone in consequence of your use of the Site and Content or your breach or non-observance of any of these terms.

11 Governing Law

11.1 These terms are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts.

12 © 2004 The DogMobile Company / DM International. All rights reserved.