Terms and Conditions

Welcome to Royvon!

In these terms, we also refer to Royvon as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being www.royvon.co.uk and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you purchase products and services we offer including but not limited to our dog training and boarding services (Services). If you buy Services from us, whether on our Website, by phone, or in person, you agree to these terms and conditions, which form a legally binding contract between us and you.These terms shall apply to Services provided at any of our locations, including but not limited to Royvon Esher, Royvon Merthyr and Royvon Playhouse (Premises)

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here www.royvon.co.uk

How do I read these terms?

We separated these terms into parts, so they are easy to read and understand.

Those parts are:

• Part A: Terms for when you book or buy Services (applies when you book).
• Part B: Terms for when you browse and interact with this Website (applies when you browse).
• Part C: Liability and warranties, and interpretation provisions (applies to Bookings, Services and
  browsing).

Please let us know if you have any questions about these terms, and don’t continue using this Website or
purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place a Booking, the terms accepted at the point of sale will apply to your purchase of those
Services. However, please note that we may change any part of these terms at any time by updating this
page of the Website, so you may find that different terms apply next time you use this Website or book
Services. You can check the date at the top of this page to see when we last updated these terms.

Your Key Information

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to
14 days after receiving your goods, in most cases, you can cancel within 14 days. If you agree the Services
will start within this time, you may be charged for what you’ve used. This right will not apply to some of our
Services, being our Dog Boarding, Dog Training Programme, Lesson Packages and Shuttle Services
because these Services.

The Consumer Rights Act 2015 says:

• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get
  some money back if we can’t fix it;
• If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
• If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit
www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the
contract below, which you should read carefully.

Part A For When You Book Services…

1 TELL US ABOUT YOUR DOG (a) Before we agree to provide you with any Services, we will ask for some information about you and your dog.

(b) We understand that all dogs are unique and have their own preferences, sensitivities and history. If there is anything that you think we should know about your dog before we provide the Services, please let us know so that we can accommodate their needs to the best of our ability. This includes:

(i) any previous or current medical conditions, illnesses or injuries;

(ii) any allergies, intolerances or dietary requirements;

(iii) any sensitivities to people, objects, dogs or other animals;

(iv) any aggressive or anxious tendencies; or

(v) anything else that affects your dog’s health, wellbeing or behaviour.

(c) All dogs must comply with our vaccination policy set out here: www.royvon.co.uk/vaccinations (Vaccination Policy) and by engaging us for the Services, you warrant that your dog complies with our Vaccination Policy.

(d) We reserve the right to refuse to provide the Services to any dog we deem unfit or unsafe for the Services, including dogs that are seriously unwell, injured, aggressive or anxious.

(e) You represent and warrant that:

(i) the information you have provided to us is accurate and up-to-date; and

(ii) you will notify us as soon as reasonably practicable if any of your circumstances, or circumstances relating to your dog, change.

(iii) If we discover that any of the information provided by you is inaccurate (including where your dog is not up-to-date with its vaccinations), we may, at our discretion, refuse to provide the Services to you and your dog.

2 ORDERING SERVICES FROM US

(a) You may order or book Services with us by using the functionality on the Website (Booking). Please read and check your Booking carefully before submitting it. (b) When you place your Booking at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your Booking has been accepted by us.

(c) We may contact you to say that we do not accept your Booking. This is typically for the following reasons:

(i) we cannot carry out the Services (this may be because, for example, we have a shortage of staff);

(ii) we cannot authorise your payment;

(iii) you are not allowed to buy the Services from us;

(iv) we are not allowed to sell the Services to you; or

(v) there has been a mistake on the pricing or description of the Services.

(d) We will only accept your order when we email you to confirm this (Confirmation Email).

3 YOUR OBLIGATIONS

3.1 DOG BEHAVIOUR

(a) Dogs must be on leads at all times, unless otherwise instructed by one of our staff.

(b) Your dog remains your responsibility, and you must supervise and monitor your dog at all times, whilst on our premises during any Dog Training Services.

(c) Your dog remains your responsibility, and we shall have no liability in respect of the dog, until they have been accepted and received into our care by one of our staff members, in respect of the Dog Accommodation Services.

3.2 AGGRESSIVE BEHAVIOUR

(a) We reserve the right to require dogs to undergo assessment by our staff prior to booking our Services.

(b) If your dog shows aggressive behaviour during any of the Services, we reserve the right to remove your dog from the premises. You must restrain and remove your dog immediately if your dog shows signs of aggression, or if we request you to do so (for whatever reason).

(c) If you know your dog has aggressive tendencies, you must notify us before making a Booking and we can schedule an assessment. Whether or not we will provide Services to you and your dog after the assessment is in our sole discretion.

3.3 FOOD AND LUGGAGE

(a) You are responsible for supplying the food and medication your dog requires whilst in our care. You must ensure you supply sufficient food for the duration of time that your dog is in our care.

(b) In the event that insufficient food has been supplied, we reserve the right to supply food to your dog and you agree to pay a Catering Fee small charge for each meal we supply.

(c) You may also wish to supply items of comfort, including dog beds and/or toys. We are not responsible for these items whilst they are on our premises, and you accept that such items may be lost or damaged (by your dog, or other dogs in our care).

3.4 VET FEES

(a) We may engage third party vets or consultants (Vets) to provide veterinary services to your dog in the case of an emergency, accident or illness.

(b) You must sign a form giving us responsibility to take your dog to the vet if ill. Please be aware if you do not sign the consent form even if your dog is very sick the vets may refuse to treat him/her and this is not our responsibility.

(c) The Vets are third party providers and independent contractors of Royvon (and not its subcontractors or employees). We accept no responsibility or liability arising from any acts or omissions of the Vets.

(d) You shall be responsible for any costs, charges and expenses payable to a Vet as a result of any treatment or administration of any medicine by them in the event of any damage, accident, or sickness caused to or by your dog (Vet Costs). We recommend you have full pet insurance.

(e) You agree and undertake to pay any such costs, charges or expenses on demand, and hereby indemnify Royvon for and against any Vet Costs. This clause shall survive termination of this agreement.

(f) If there are any constraints on what you are willing or can pay for regarding vets fees you need to make us aware as vets fees can grow fast and you are fully responsible for them.

3.5 COLLECTION AND ABANDONMENT

(a) Some of our Services require you to leave your dog in our care, such as our Dog Accommodation Services.

(b) You must collect your dog and remove them from our premises at the date agreed upon in your Booking (Collection Date), unless otherwise agreed in writing.

(c) If you fail to collect your dog on the Collection Date, you acknowledge and agree:

(i) That we will charge you Fees for Dog Boarding for each 24 hours in which your dog is in our care;

(ii) If we are unable to reach you within [14 days from the Collection Date, your dog will be deemed abandoned and we will hand the dog over to the local dog warden.

4 INFORMATION WE GIVE YOU

(a) By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these T&Cs and elsewhere throughout our website. If you cannot access this information for any, you are welcome to contact us using the functionality on the website and we will provide you with a copy of this information.

(b) The key information we give you by law forms part of this contract (as though it is set out in full here).

(c) If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

5 DISCLAIMERS

(a) Any information or recommendations we supply to you, whether on the Website or otherwise, is generally in nature based on our experience in the industry but may not take into account your specific circumstances including but not limited to the specific requirements of your dog.

(b) We are not Vets and do not provide veterinary or medical advice in respect of your dog. You must seek veterinary advice before relying on any recommendations or suggestions we make.

6 PHOTOGRAPHY AND VIDEOGRAPHY

(a) In the course of providing the Services, we may take photographs or video recordings of you and/or your dog.

(b) From time to time, we may upload such photographs or video recordings to our promotional material or social media platforms or in any format that Royvon considers appropriate for the sole purpose of promoting our brand and Services.

(c) If you do not want us to take photos or videos of you or your dog, please let us know before we provide any Services to you. Otherwise, your acceptance of this agreement (and our privacy policy as in force from time to time) will constitute your consent to us storing, maintaining, using and disclosing (including capturing and sharing) such photos and videos.

7 SUBCONTRACTING

(a) We may subcontract any aspect of providing the Services.

(b) Royvon is responsible for the acts and omissions of its subcontractors as if they were the acts and omissions of the company.

8 CONSUMER RIGHT TO CANCEL (COOLING OFF PERIOD)

(a) Subject to clause 8(b), you have the right to cancel a Booking made via our Website within 14 days from the date you make the Booking without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the Services during the cancellation period and the Services are fully performed during this period. This is further explained in clauses 8(c) and 8(d) below.

(b) The consumer right to cancel does not apply to the following Services:

(i) Dog Boarding

(ii) Dog Training Programme

(iii) Lesson Packages

(iv) Dog daycare

(v) Shuttle Service.

(c) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us, for example by emailing us using the contact details available on our Website.

(d) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

(e) We will not start providing the Services during the 14-day cancellation period unless you ask us to. When you make a Booking, you will be given the option to tick a box to request for us to start providing the Services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the Services are fully performed (i.e. the work is completed). If you do not tick the box, we will not be able to start providing the Services to you until the cancellation period has expired. We are not obliged to accept your request.

(f) This means that if you requested for us to start providing the Services during the cancellation period and the Services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

(g) This does not affect the rights you have if your Services are faulty. A summary of these rights is provided at the top of this page.

8.2 EFFECTS OF CANCELLATION

(a) If you cancel a Booking under this clause 8, we will reimburse to you all payments received from you, unless you requested for us to start providing the Services during the cancellation period, in which case you must pay us:

(i) for the Services we provided up to the time you told us that you want to cancel the Booking or Services, which will be an amount in proportion to the Services performed up to that point in comparison with the full price under this contract; or

(ii) the full price under this contract, if you lost your right to cancel because the Services were fully performed (i.e. the work was completed) during the cancellation period.

(b) We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel.

(c) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.3 SERVICE SPECIFIC CANCELLATION

We also have specific cancellation policies for our Services, which will apply in addition to the right to cancel set out in this clause 8.

9 PRICES AND PAYMENT 9.1 FEES

(a) You must pay the fees for the Services (Fees) as set out on our Website or communicated to you, at the times specified on our Website or in these terms.

(b) Unless otherwise stated in these terms, we reserve the right to require payment of the Fees upfront, and we may withhold the Services if you do not pay the Fees.

(c) To the maximum extent permitted under applicable law, any Fees paid in accordance with this agreement are non-refundable.

9.2 PAYMENT METHOD

We may use third-party payment providers (Payment Providers) to collect payments for Services, including Stripe.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Stripe.com’s terms of use are available here: https://stripe.com/gb/checkout/legal. Stripe.com’s Services Agreement with us is available here: https://stripe.com/gb/ssa. Both sets of terms are binding on you.

9.3 LATE PAYMENTS AND SUSPENSION OF SERVICES

(a) We reserve the right to suspend all or part of the Services indefinitely where you fail to pay the Fees in accordance with these terms.

(b) You shall pay all amounts due under these terms in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Royvon may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by Royvon to you.

9.4 VAT

Unless otherwise indicated, the Fees amounts include VAT. In relation to any VAT payable for a taxable supply by Royvon, the Client must pay the VAT subject to us providing a tax invoice.

9.5 CHANGES TO THE FEES Royvon reserves the right, from time to time, to change its Fees. We will update any prices for the Services on our Website.

10 FAULTY SERVICES

(a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

(i) contact us using the contact details at the top of this page; or

(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

(b) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

(c) If the Services we have provided to you are faulty, please contact us using the contact details at the top of this page.

11 DOG TRAINING SERVICES

11.1 PROGRAMMES AND LESSONS

(a) We may from time to time offer both:

(i) dog training programmes (Dog Training Programme) for set dates and times; and/or

(ii) one-off dog lessons (Training Lessons) in either individual or group settings, on a single or packaged basis,

together “Dog Training Services”.

(b) Where a Dog Training Service includes accommodation, the terms and conditions of our Dog Accommodation Services (as set out in clause 13) shall also apply.

11.2 DOG TRAINING PROGRAMMES

(a) We require a deposit, as set out on our Website, to enrol into our Dog Training Programme (Deposit). The Deposit is payable at the time you place a Booking for the Dog Training Programme Services.

(b) The Deposit is not refundable for change of mind.

(c) You must pay the remainder of the Fees for the Dog Training Programme prior to the Dog Training Programme start date as specified in your Booking (Programme Start Date).

(d) You may cancel your Booking for a Dog Training Programme provided you give us 14 days’ notice prior to the Programme Start Date.

11.3 DOG TRAINING LESSONS

(a) You must pay the Fees for Training Lessons at the time of making a Booking.

(b) We offer both 1:1 Training Lessons (Individual Lessons) and Training Lesson Packages.

(c) You may cancel Individual Lessons and receive a full refund, provided you give us 24 hours’ notice prior to the time on which the Training Lesson in your Booking is scheduled to start.

(d) Fees paid for Lesson Packages are non-refundable and not exchangeable for different dates, unless we agree with you in writing (in our sole discretion).

(e) If you fail to provide notice of a cancellation in accordance with this clause 11.3 we reserve the right to retain the Fees paid for the Booking.

12 DOG ACCOMMODATION SERVICES

We offer overnight dog boarding (Dog Boarding), daytime dog day care (Day Care) and transport between our different premises (Shuttle Services), together being the “Dog Accommodation Services”.

12.1 BOARDING

(a) We require payment of the Fees for Dog Boarding upfront in full at the time of making a Booking, unless otherwise agreed in writing.

(b) You may, subject to our agreement and capacity, change the dates (but subject to clause 13.1(c) this does not include reducing the number of days of the Booking) of your Booking provided you give us14 days’ notice prior to the first day on which the Booking relates (Booking Start Date).

(c) You may cancel a Dog Boarding Booking up to 10 days before the Booking Start Date, and receive a refund as follows:

(i) If you cancel and provide more than 30 days’ notice prior to the Booking Start Date, 100% refund of the Fees paid for that Booking;

(ii) If you cancel and provide between 21-30 days’ notice prior to the Booking Start Date, 75% refund of the Fees paid for that Booking;

(iii) If you cancel and provide between 10-20 days’ notice prior to the Booking Start Date, 50% refund of the Fees paid for that Booking.

(d) If you cancel a Dog Boarding Booking with less than 10 days’ notice prior to the Booking Start Date, we reserve the right to retain the Fees for the Booking.

12.2 DAY CARE

(a) We require payment of the Fees for Day Care upfront in full at the time of making a Booking.

(b) We do not accept change of dates or transfers of Day Care Bookings. You may be eligible to cancel and receive a refund of a Day Care Booking, subject to clause 13.1(c).

(c) You may cancel a Dog Boarding Booking up to 24 hours’ prior to the date of the Booking to receive a full refund.

(d) If you cancel a Day Care Booking with less than 24 hours’ notice we reserve the right to retain the Fees for the Booking.

12.3 SHUTTLE

(a) We offer Shuttle Services to shuttle dogs between our Premises for Dog Boarding Bookings, provided you book the Shuttle Service in advance.

(b) We require payment of the Fees for Shuttle Services upfront in full at the time of making a Booking.

(c) We do not accept cancellations of Shuttle Service Bookings and all Fees for Shuttle Services are non-refundable. You may transfer a Shuttle Service Booking to a different date, provided you give us no less than 6 days’ notice prior to the date on which the Shuttle Service is scheduled in your Booking.

13 CANCELLATION BY US

(a) We reserve the right to cancel your Booking at any time.

(b) We will endeavour to provide you with as much notice as possible if we do need to cancel your Booking.

(c) If we cancel your Booking, except where your Booking is cancelled because you have breached your obligations under these terms, then we will issue you a full refund of the Fees paid for the cancelled Booking.

Part B For When You Browse This Website…

14 ACCOUNTS

14.1 ACCOUNTS

(a) In order to use some of the functionality of the Website, you will be required to sign-up, register and receive an account through the Website (an Account).

(b) As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, payment details, and other information as determined by Royvon from time to time.

(c) You agree that you’re solely responsible for:

(i) maintaining the confidentiality and security of your Account information and your password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

(d) You warrant that any information you give to Royvon in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(e) Once you complete the Account registration process, Royvon may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(f) Royvon reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) Royvon may suspend or cancel your Account for any reason, including for any failure to comply with the terms.

(h) You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.

(i) We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

(j) You agree to release Royvon from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.

14.2 ACCOUNT CANCELLATION

(a) (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Website.

(b) (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Website at any time without notice, for any reason, provided that we refund to you any fees for Products which you have paid for and not received. We may also terminate your access to any or all of the Website at any time without notice without issuing a refund if you breach any provision of these terms.

15 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

16 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Royvon;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Royvon, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

17 INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

18 INTELLECTUAL PROPERTY

(a) Royvon retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Royvon or as permitted by law.

19 THIRD PARTY TERMS AND CONDITIONS

(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.

(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Royvon will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

20 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

21 SECURITY

Royvon does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

22 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

23 YOUR PRIVACY AND PERSONAL INFORMATION

(a) Our Privacy Policy is available at www.royvon.co.uk

(b) Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what

personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Part C Liability And Other Legal Terms…

24 END OF THE CONTRACT

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

25 LIMITATION ON OUR LIABILITY

(a) (Liability) To the maximum extent permitted by applicable law, Royvon limits all liability in aggregate of all claims to you for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these terms or any goods or services provided by Royvon to the amount paid by you to Royvon in the 1 month preceding the date of the event giving rise to the relevant liability.

(b) (Indemnity) You shall indemnify Royvon and its employees, contractors and agents in respect of all liability for any claim(s) by any person arising from your or your employee’s or agent’s:

(i) breach of any term of these terms;

(ii) negligent, wilful, fraudulent or criminal act or omission; or

(iii) use of any goods or Services provided by Royvon; or

(iv) personal injury or death of a third party as a result of any acts or actions of you or your dog(s).

(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Royvon be liable for any indirect, incidental, special or consequential loss or damages arising under or in connection with these terms or any goods or services provided by Royvon (except to the extent this liability cannot be excluded under the applicable law). (d) Nothing in these terms shall limit or exclude Royvon’s liability for the death or personal injury to a human being caused by its negligence, or the negligence of its employees, agents or subcontractors.

26 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

27 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

28 FORCE MAJEURE

(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 28(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strikes or other industrial action outside of the control of the Affected Party;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

29 GENERAL

29.1 GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

29.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

29.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

29.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

29.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

29.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

29.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

29.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to “$” or “dollar” is to USD, unless otherwise agreed in writing;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

29.9 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

(iii) whichever is earlier.