Legal
Online Services Terms of Use
This version is effective from: May 2023
1 Welcome to Only Rescues
1.1 The website at https://onlyrescues.com/ (“Website”) and the Only Rescues iOS and Android mobile application (“App”) are provided to you by Only Rescues Ltd (“Only Rescues”, “us”, “we” or “our”). Our registered office is at Only Rescues, 124 City Road, London, United Kingdom, EC1V 2NX and our registered number is 14277947.
1.2 For ease of reference, in these Terms of Use (“Terms”) we refer to the Website and App collectively as the “Online Services”.
1.3 Our Online Services enable:
(a) pet rehoming organisations (our “Rehoming Partners”) to publish, on our Online Services, information about dogs and cats that are available for adoption; and
(b) other users to view our Online Services and browse our Rehoming Partner’s publications and, where registered with our Online Services, to submit applications to our Rehoming Partners to adopt a dog or cat,
and a reference in these terms to a “user” or “you” mean (as applicable) such Rehoming Partners and users.
1.4 If, after submitting an application to a Rehoming Partner through our Online Services, you are contacted by a Rehoming Partner (or any third-party purporting to be a Rehoming Partner) and/or you decide to adopt a pet, please exercise caution, and satisfy yourself of the authenticity of the person or organisation that you are dealing with. Your dealings with third parties, including our Rehoming Partners, are entirely at your risk, and we are not responsible for any decisions that you take (including any decision to adopt a pet from a Rehoming Partner). Please also refer to section 13 (Our Liability to you) and section 15 (Third Parties and our Rehoming Partners) for more information.
2 Our terms applicable to your use of the Online Services
2.1 By accessing and/or using the Online Services and the services and features made available through it, you agree to these Terms. You also acknowledge that our Privacy Notice applies to our use of your personal data in relation to the Online Services. Please review these Terms and our Privacy Notice and save a copy of them for your future reference.
2.2 We may amend or vary these Terms at any time and for any reason, including to reflect changes affecting the Online Services, our technology, our licensing arrangements, best practices, relevant laws and/or regulatory requirements. You should check these Terms on a regular basis to keep yourself informed of any changes. If you continue to use the Online Services, you are deemed to have accepted any changes we make to these Terms. If you do not agree to (or cannot comply with) such changes, you should not use the Online Services.
2.3 If you have any questions about these Terms, please contact us using the contact details specified at the end of these Terms.
2.4 We may provide certain services and other features to you through our Online Services, and other terms may apply in respect of these services and features.
3 Apple and Google terms
3.1 The App is available via the Google Play Store for mobile phones and other devices using the Android operating system (version 8.0 or above) and via the Apple App Store for mobile phones and other devices using the iOS operating system (version 13 or above).
3.2 These Terms incorporate the Apple Media Services Terms and Conditions (“Apple Terms”) and/or the Google Play Terms of Service (“Google Terms”). You agree to comply with the Apple Terms and/or the Google Terms (as applicable), in particular as regards to any usage restrictions set out in such terms. If and to the extent that there is any conflict or inconsistency between (a) these Terms; and (b) the Google Terms and/or the Apple Terms (as applicable), these Terms will prevail.
4 Changes to the Online Services
We may update some or all of the Online Services and/or any of the services and/or content made available through it at any time and for any reason, for example to improve performance, enhance functionality, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update parts of the Online Services for these reasons. If you choose not to install such updates or if you opt-out of automatic updates (where applicable) you may not be able to continue using the Online Services or functionality may be impaired.
5 Registering for an Account and keeping it secure
5.1 In order to use certain parts of our Online Services you will be required to register for an account (an “Account”) by providing your email address and a password of your choosing (“Registration Data”).
5.2 To be eligible to create an Account you must be at least 18 years of age.
5.3 You shall ensure that your Registration Data, and any other information that you provide to us in relation to your Account, is accurate and kept up to date. We will use your Registration Data and such other information, as set out in our Privacy Notice.
5.4 You are responsible for your use of the Online Services or any other use that you have authorised. You are also responsible for keeping your Registration Data secure and protecting it against unauthorised use and for ensuring the security of any device from which you sign into your Account. If you fail to do so, you are responsible for any unauthorised use of the Online Services using your Registration Data. We recommend that you change your password from time to time to assist with security.
5.5 If you believe someone has accessed the Online Services using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your Registration Data.
5.6 You may only have one Account at any one time. We may contact you and require you to satisfy us that you are not in breach of these Terms by operating multiple Accounts at the same time.
5.7 Usernames and profile pictures must not: (i) be obscene or offensive, (ii) infringe any third-party rights, or (iii) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to choose a different username at any time.
5.8 We may suspend and/or permanently deactivate your Account if we have reason to believe that you are in breach of these Terms. In the event your Account is suspended and/or permanently deactivated, you must not create a new account under your name, a fake or borrowed name, or the name of a third party (even if you may be acting on the third party’s behalf).
5.9 You can ask us to delete your Account at any time by navigating to your Account settings (as described below) and requesting that we delete your Account. We will delete your Account within 30 days of receiving your request. Once we have deleted your Account, it cannot be recovered. If you wish to obtain a copy of your Account data prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Notice.
5.10 If you are accessing your Account through our Website, you can find your Account settings by clicking ‘View Profile’ on your Account dashboard. If you are accessing your Account through our App, you can find your Account settings by navigating to the App settings, selecting ‘Account’ and then selecting ‘Account Settings’.
6 Using the Online Services
6.1 To be eligible to use the Online Services you must be at least 18 years of age.
6.2 The Online Services are intended for use only by those who can access it from within the United Kingdom. Whilst access may be possible from outside the United Kingdom, the Online Services are not intended for such use. If you choose to access the Online Services from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with applicable local laws relating to the use of, or otherwise connecting to, the Online Services. To the extent that the Online Services or any activity contemplated by it would infringe any law of a jurisdiction other than the United Kingdom, you are prohibited from accessing or using the Online Services or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.
6.3 You are responsible for making all arrangements necessary to access our Online Services. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Online Services. Our website is compatible with all major and maintained browsers such as Chrome, Opera, Mozilla, Edge, and Safari. Our Apps are compatible with the operating systems referred to in clause 3.1 of these Terms.
6.4 You are responsible for ensuring that no one else uses the Online Services on your Devices (as defined in section 6.6 of these Terms).
6.5 You acknowledge that your agreement with your mobile network and/or internet service provider (“Internet Providers”) will apply in respect of your use of data in connection with your use of the Online Services and that you may be charged by your Internet Provider in respect of such use. You accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you must obtain, and will be assumed to have received, permission from the bill payer before using the Online Services.
6.6 You may download our App onto as many of your compatible devices (“Devices”) as you want to, but you may only have one Account. We hereby grant you a non-exclusive, non-transferable, perpetual licence to use the App on your Devices, subject to these Terms.
6.7 You must not (and you must not cause any other person to):
(a) use, or cause others to use, our Online Services for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(b) interfere with, or disrupt, the Online Services or any servers or networks connected to the Online Services, including by transmitting any worms, viruses, malware, spyware, or any other code of a destructive, malicious, or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Online Services is rendered or displayed in a user’s browser or device;
(c) access the Online Services via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers, or scrapers (except for standard search engine technologies);
(d) attempt to restrict another user of the Online Services from using or enjoying the Online Services and you must not encourage or facilitate the breach of these Terms by others;
(e) use the Online Services for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
(f) use the Online Services in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (iv) is likely to harass, upset, embarrass, alarm, or annoy any other person;
(g) change, modify, adapt, or alter the Online Services or change, modify, or alter another website so as to inaccurately imply an association with the Online Services or us,
(“Prohibited Uses”).
7 No promises
7.1 We provide the Online Services on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, we exclude all warranties not expressly set out in these Terms, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
7.2 We will do our best to make sure that our Online Services (and any email that we send to you in connection with the Online Services) are accurate, reliable, up-to-date, and free from bugs, trojan horses or other harmful components but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.
7.3 The content displayed on the Online Services (and the content that we send to you via email in connection with the Online Services) is made available to you for your general information and is for non-commercial use only. We give no warranty that such content is accurate or reliable. Such content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on the Online Services is at your own risk.
7.4 Our Online Services are provided free of charge and have not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use.
7.5 We make no warranty that the Online Services will be uninterrupted or error free, that defects will be corrected or that the Online Services or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.6 Access to the Online Services is permitted on a temporary basis and we reserve the right to withdraw access from the Online Services for any reason and without notice.
8 Uploading content to our Online Services
8.1 On certain parts of our Online Services, you may be invited to submit materials either:
(a) as a Rehoming Partner, to publish information about pets you have available for adoption on our Online Services (including images and any other information about the pet and your organisation); or
(b) as a user seeking to adopt a pet, to publish information about yourself as part of your profile and/or an adoption application for a pet that has been published on the Online Services,
(“Your Content”).
8.2 We may moderate Your Content before, or after, it is uploaded to the Online Services and, in our absolute discretion, determine whether Your Content is suitable for inclusion on our Online Services. We make no guarantee that Your Content will be uploaded to the Online Services.
8.3 Your Content must not:
(a) be, or cause you to use our Online Services in any way that is, a Prohibited Use (please see section 6.7 of these Terms);
(b) contain any material which is or may reasonably be considered to be false, misleading, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
(c) be illegal or infringe the Rights (as defined in section 9 of these Terms) of any third party, in any country in the world; and
(d) be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data),
(“Infringing Content”)
8.4 You must have the express consent of any person featured in Your Content to their image and/or voice being used in accordance with the permission you grant to us below. If you do not have their consent, you must not submit any content featuring that individual to the Online Services. We will not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other user of the Online Services.
8.5 We reserve the right to monitor and review Your Content and the content of other users, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, Your Content and the content of other users has not been verified or approved by us. Views expressed by other users on the Online Services do not represent our views or values.
8.6 By uploading Your Content to the Online Services, you hereby grant us and our designees, together with users of the Online Services a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence (which is unlimited in time) to view and use Your Content without restriction, including by way of example for commercial purposes. We also reserve the right, acting reasonably, to disclose your identity to any third party who is claiming that Your Content infringes their intellectual property rights or their right to privacy.
8.7 We make no guarantee that Your Content will be kept on the Online Services for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or removal is otherwise desirable for business or operational reasons. You are urged to keep back-up copies of any of Your Content submitted to us. The Online Services should not be used as your primary method to store or curate copies of your images, videos, or text, as Your Content may be removed permanently from the Online Services at any time, and we may not keep copies of Your Content.
8.8 If you wish to request us to stop using any of Your Content at any time, you should notify us by emailing the email address specified at the end of these Terms, setting out details of Your Content (the “Notified Content”) and, for Notified Content published on our Online Services, where it can be found on the Online Services. We will endeavour to respond to you promptly and will consider your request and any concerns that you have. However, please note that we may still continue to use Your Content where it is reasonable for us to do so, in particular where Your Content has been shared and reposted by us on other websites and used in other media and publications.
8.9 You will notify us without delay by emailing the email address specified at the end of these Terms if you become aware that any of Your Content is or becomes Infringing Content (as defined in section 8.3 of these Terms) and you will provide us with any and all information and assistance that we require to in order to identify and remove any Infringing Content from the Online Services.
9 Intellectual property rights
9.1 Our Online Services and all information, music, images, photographs, videos, and other content displayed on our Online Services (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill, and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
9.2 You may only view, print out, use, quote from and cite the Online Services and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.
9.3 We expressly reserve all Rights in and to our Online Services and the Materials. Your use of our Online Services and the Materials is subject to the following restrictions. You must not:
(a) copy the Online Services except where such copying is incidental to normal use of the Online Services, or where it is necessary for the purpose of back-up or operational security;
(b) sub-licence or otherwise make available the Online Services in whole or in part (including object and source code), in any form to any person without our prior written consent;
(c) remove any copyright or other proprietary notices contained in the Materials;
(d) use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
(e) use the Materials in any way that might be illegal or breach these Terms;
(f) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Online Services and/or the Materials in any way for any commercial purpose, without our prior written consent;
(g) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Online Services or attempt to do any such thing; or
(h) use the Online Services or Materials:
(i) in any way that is in contravention of any applicable law or regulation;
(ii) in any manner that will violate the privacy, publicity, or personal rights of others;
(iii) in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Online Services or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material;
(iv) in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography, or tobacco; or
(v) otherwise than in accordance with normal standards of decency.
9.4 Any use of our Online Services or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Online Services or the Materials accessible on it.
10 TRADEMARKS
10.1 We reserve all Rights in the name “Only Rescues”, the “https://onlyrescues.com/” domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing on our Online Services. Other trademarks, products and company names mentioned on our Online Services may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
10.2 Nothing in these Terms should be construed as granting any licence or right to use any such trademarks or our domain name.
11 Linking to our Online Services
11.1 We permit you to link to our Online Services if you comply with the following:
(a) you only do so in a way that is fair, legal and does not take advantage of or damage our reputation;
(b) you do not link to our Online Services via any digital property containing content of an adult or illegal nature, or material that is offensive, harassing or otherwise objectionable;
(c) you do not suggest any form of association, approval, or endorsement by us unless otherwise permitted by us;
(d) you do not remove, obscure, or modify in any way any advertisements, copyright notice, or other information on our Online Services, or frame any aspect of our Online Services on any other site;
(e) you only do so for non-commercial purposes; and
(f) you do not link to any page of the Website other than the home page.
11.2 We reserve our right to withdraw our permission granted at section 11.1 at any time without notice.
11.3 If you would like to link to our Online Services for commercial purposes or any purposes not included above, please contact us via any method specified at the end of these Terms.
11.4 Creation of a link to the Online Services is without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Anyone providing access to, or information relating to the Online Services, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
12 If you breach these terms
12.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the Online Services, we may take any or all of the following actions:
(a) issue a warning to you;
(b) effect an immediate, temporary, or permanent withdrawal of your access to your Account and/or the Online Services without notice;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
12.2 The responses described above at section 12.1 are not limited and we may take any other actions we reasonably deem appropriate.
13 Our Liability to you
13.1 Consumers have certain legal rights when using the Online Services. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms affects these rights. In particular, we do not exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability.
13.2 Except as stated in section 13.1 and to the extent permissible by applicable law, we will not be liable for any loss or damage caused by us or any of our employees or agents in circumstances where:
(a) there has been no breach of a legal duty of care which is owed by us;
(b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms; and/or
(c) the loss is caused by an event or circumstance beyond our reasonable control.
13.3 Except as stated in section 13.1 and to the extent permissible by applicable law, we will not be liable for any loss or damage caused in connection with your dealings with a Rehoming Partner (or any third party purporting to be a Rehoming Partner), following your decision to submit an application through our Online Services or otherwise, including in connection with any pet that you adopt from a Rehoming Partner. Please note that your dealings with Rehoming Partners and other third parties are entirely at your risk.
13.4 Except as stated in section 13.1 and to the extent permissible by applicable law: (a) we shall not be liable for any loss of profits or revenue, loss of anticipated savings, loss of or damage to data or loss of goodwill; and (b) our maximum liability to you in respect of your use of our Online Services or any matter arising under or in connection with these Terms is £50.
14 Your liability to us
14.1 You will be responsible for all claims, liabilities, damages, costs, and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
14.2 You agree to indemnify us for any breach by you of these Terms. This means you will be responsible for any loss or damage we suffer as a result of your breach. We reserve the right to control the defence and settlement of any third-party claim for which you indemnify us under these Terms, and you will assist us in exercising such rights.
15 Third parties and our Rehoming Partners
15.1 The Online Services (and emails that we send to you in connection with the Online Services) may include links to third party websites, applications and/or other digital properties, including those of our Rehoming Partners (“Third Party Properties”) that are controlled and maintained by third parties, including our Rehoming Partners (“Third Parties”).
15.2 If you decide to visit any Third-Party Property or use a service made available by, or purchase products from, a Third Party (including if you decide to adopt a pet through one of our Rehoming Partners) you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant Third Party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we, or our Online Services, are affiliated to or associated with such websites or services.
15.3 Your interaction with any Third Party (including use of a Third-Party Property) is subject to the relevant Third Party’s own terms and policies. In particular, Third Parties will process your personal data in accordance with their own privacy notices. If you apply to one of our Rehoming Partners to adopt a pet via the Online Services, the relevant Rehoming Partner’s terms of adoption (or such similar terms) may apply.
15.4 Please read all applicable terms and polices of the relevant Third Party before using a Third-Party Property and/or using a service made available by, or purchasing products from, a Third Party.
16 Transfer of rights and obligations
16.1 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Online Services, without our prior written consent.
16.2 You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Online Services.
16.3 You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms.
17 Severance
If any provision of these Terms should be found to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such provision shall be removed, and the remaining provisions shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.
18 Third party rights
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
19 Governing law
These Terms and the use of the Online Services generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.
20 Notice
All notices given by you to us must be given to us at the postal or email address specified in section 22.1.
We will give notice to you via the Online Services or using the contact information you provided to us as part of your registration.
Notice will be deemed received and properly served immediately when posted to the Online Services, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.
21 Waiver
If we fail to exercise any right or remedy under our Terms, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
22 Contact us
22.1 If you have any queries or complaints relating to the Online Services or these Terms, please contact us by:
(a) sending an e-mail to hello@onlyrescues.com;
(b) calling us on (+44)07745725791; or
(c) writing to us at Only Rescues, 124 City Road, London, United Kingdom, EC1V 2NX, marking your letter for the attention of Igor Tanjga.
We will try to answer your enquiry or resolve your query or complaint as soon as possible.
22.2 If you have an enquiry or complaint about any adoption you have made via our Online Services, please contact the relevant Rehoming Partner for assistance.
Last Updated: May 2023
