GunDogsDirect

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, GunDogsDirect ("Our Site"). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Account means an account required for a User to access and/or use certain areas of Our Site, including buyer or seller functions, as detailed in Clause 4;
Content means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
User means a user of Our Site;
We/Us/Our means GunDogsDirect (gundogsdirect.co.uk).

2. Information About Us

2.1 Our Site, GunDogsDirect, is owned and operated by GunDogsDirect Limited, a company registered in England and Wales under company number 14027482, whose registered office is at 44 Evesham Avenue, Grimsby, DN34 5RT, United Kingdom ("GunDogsDirect", "We", "Us", "Our"). We can be contacted by email at info@gundogsdirect.co.uk.

3. Access to Our Site

3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts (for Buyers and Sellers)

4.1 Certain parts of Our Site, including the ability to create listings, contact other users, or purchase goods or services, require an Account in order to access them.
4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.3 We recommend that you choose a strong password for your Account, consisting of for example a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.4 You must not use anyone else's Account.
4.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as set out in Clause 16.
4.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.7 If you close your Account, any User Content, e.g. reviews, comments etc. you have created on Our Site will be deleted.
4.8 If you mark an advert as sold, you will be prompted by a confirmation button to ensure you do not do so accidentally. Once an advert is marked as sold it cannot be restored, and no refunds will apply.
4.9 Advert titles cannot be changed once the advert is live. This is in place to eliminate multiple sales on one advert.
4.10 Adverts are removed from the website 90 days after they are placed. Editing an advert does not extend this period. To keep a dog advertised beyond 90 days, place a new advert. Stud adverts are governed by Clause 4.12.
4.11 You can not advertise multiple dogs in the PART-TRAINED, TRAINED, or STUD section. One dog per advert. Violators may lose their advert without a refund.
4.12 Stud adverts last for 12 months from the date they are placed (this does not include Boosts). They are removed automatically at the end of that period, and we will email you when this happens. It remains the customer's responsibility to manage their own adverts.
4.13 If we suspect misuse, scam adverts or adverts that are not fit for GunDogsDirect we have the right to remove the adverts without notice and no refunds will be given. GunDogsDirect takes the security of its website very seriously and monitors the payment system alongside your login details and IP address. Email addresses must match our payment system with Stripe. Where misuse is established we may, at Our discretion and without notice, remove the advert(s), retain any payment made (no refund), block the offending IP address, and block the associated account and email address — and because account email addresses are unique on Our Site, a blocked email cannot be used to register again.
4.14 You must not place adverts seeking to acquire dogs, whether for business or private purposes (including search dogs, sniffer dogs, or attack dogs), or "wanted" adverts of any kind; such adverts will be removed and no refund will be given. GunDogsDirect provides an email notification system for customers searching for gun dogs, which should be used instead. To advertise your business via Our banner adverts, contact info@gundogsdirect.co.uk.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may, for personal and non-commercial purposes only:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print pages from Our Site;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.

5.6 By using GunDogsDirect you permit Us to share your advert details with Our sister company, www.gundogsuk.co.uk.

5A. Scraping, Automated Access, and Database Right

5A.1 The compilation of listings, advertisements, seller information, and associated data on Our Site (the "Database") is the product of substantial investment by Us in obtaining, verifying, and presenting its contents. The Database is protected by the database right subsisting under the Copyright and Rights in Databases Regulations 1997, in addition to the copyright subsisting in individual items of Content.

5A.2 You must not, whether directly or through any third party, and whether by manual or automated means (including but not limited to robots, crawlers, spiders, scrapers, browser plug-ins, or scripts): (a) scrape, crawl, harvest, extract, download in bulk, or otherwise copy any Content or data from Our Site; (b) extract or re-utilise the whole or any substantial part of the Database, or repeatedly and systematically extract or re-utilise insubstantial parts of it; (c) collect, harvest, or store the names, email addresses, telephone numbers, or other personal data of any User; or (d) reproduce or republish any listing, photograph, or advertisement from Our Site on any other website, platform, or medium.

5A.3 The prohibitions in clause 5A.2 apply whether or not the material is used for commercial purposes, and apply to cached, archived, and derived copies.

5A.4 Any breach of this clause 5A may result in the measures set out in clause 11.3, civil proceedings for infringement of copyright and database right, and referral to the Information Commissioner's Office and other authorities. We reserve the right to recover all costs of investigation and enforcement on an indemnity basis.

5A.5 In the event of any conflict between Clause 5.3 and this Clause 5A, this Clause 5A prevails.

6. Links to Our Site

6.1 You may link to Our Site provided that:

6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

6.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 6.

6.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@gundogsdirect.co.uk for further information.

6.4 You may not link to Our Site from any other site the main content of which contains material that:

6.4.1 is sexually explicit;
6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.3 promotes violence;
6.4.4 promotes or assists in any form of unlawful activity;
6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.4.7 is calculated or is otherwise likely to deceive another person;
6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;
6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
6.4.10 implies any form of affiliation with Us where none exists;
6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. Disclaimers

8.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

9. Our Liability

9.1 The provisions of this Clause 9 apply only to the use of Our Site and not to the sale of goods.

9.2 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

9.4 The Content of Our Site may not be used for commercial purposes by any User except as expressly permitted by these Terms and Conditions or with Our prior written consent.

9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens' Advice Bureau or Trading Standards Office.

10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Usage Policy

11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:

11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

11.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
11.2.2 promotes violence;
11.2.3 promotes or assists in any form of unlawful activity;
11.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
11.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11.2.6 is calculated or is otherwise likely to deceive;
11.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy;
11.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
11.2.9 implies any form of affiliation with Us where none exists;
11.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
11.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
11.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
11.3.3 issue you with a written warning;
11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.3.5 take further legal action against you as appropriate;
11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.3.7 any other actions which We deem reasonably appropriate (and lawful).

11.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

11A. Prohibited Commercial Contact

11A.1 GunDogsDirect.co.uk is a platform strictly intended for communication between individuals engaging in the legitimate sale and purchase of gundogs and related items listed on Our Site. You must not use Our Site to contact users for the purpose of promoting third-party services, websites, commercial offers, or advertising opportunities unrelated to these core activities.
11A.2 Contacting sellers or buyers to solicit business, promote other websites, or advertise external services is a direct violation of these Terms and may constitute unlawful conduct under UK law, including but not limited to the Privacy and Electronic Communications Regulations 2003.
11A.3 Any user found to be engaging in such activity will be subject to immediate action, which may include: Account suspension or termination without notice; Deletion of all associated content or messages; IP address blocking; Referral to relevant legal or regulatory authorities; and Civil or criminal legal proceedings where appropriate.
11A.4 All violations and associated penalties are determined at the sole discretion of GunDogsDirect.co.uk and will be enforced to the fullest extent permitted by English law.
11A.5 We reserve the right to monitor or review buyer-seller communications where misuse or abuse is suspected.

11B. Reporting Abuse

11B.1 We are committed to maintaining the integrity and safety of the GunDogsDirect platform. If you encounter any misuse of the site — including unsolicited commercial messages, fraudulent behaviour, or violations of these Terms — we strongly encourage you to report it.
11B.2 Abuse reports can be submitted by emailing us directly at info@gundogsdirect.co.uk. Please include as much relevant detail as possible, such as usernames, message content, or URLs.
11B.3 All reports will be handled confidentially. We investigate every complaint and will take swift and appropriate action as necessary.

11C. Gun Dog Equipment Listings

11C.1 Gun Dog Equipment listings carry a one-off £2 listing fee. This fee is non-refundable once a listing has been published, including where a listing is later removed for misuse.
11C.2 You may only list equipment that you own and are legally entitled to sell. Listings must be accurate and must not be used for scams, "wanted" requests, prohibited or unlawful items, or to promote third-party businesses or websites (see Clause 11A).
11C.3 If We suspect misuse, fraudulent listings, or listings that are not fit for GunDogsDirect, We may at Our discretion and without notice: remove the listing(s); retain any payment made (no refund); block the offending IP address; and block the associated account and email address. Because account email addresses are unique on Our Site, a blocked email cannot be used to register again. We monitor the Stripe payment system alongside login details and IP addresses, and listing contact email addresses must match Our payment records.
11C.4 Clause 11D (Protection of User Contact Details) applies to all equipment listings.

11D. Protection of User Contact Details

11D.1 Contact details of sellers and buyers (including names, email addresses, and telephone numbers) are displayed on Our Site solely to enable genuine enquiries between Users about specific listings. They must not be collected, harvested, copied, stored, or used for any other purpose, including unsolicited commercial contact, marketing, or the population of any other website, database, or mailing list.
11D.2 Unsolicited direct marketing to Users whose details were obtained from Our Site may constitute a breach of the Privacy and Electronic Communications Regulations 2003 and the UK GDPR, and will be reported to the Information Commissioner's Office.

12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policy.

13. Changes to these Terms and Conditions

13.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at info@gundogsdirect.co.uk or using any of the methods provided on Our contact page.

15. Communications from Us

15.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
15.2 From time to time we may send you marketing emails. If you do not wish to receive these you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 working days for your new preferences to take effect.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@gundogsdirect.co.uk or via our contact page.
15.4 Customers that have banner adverts on GunDogsDirect will be notified approximately 40 days before their renewal. Should we receive a nil response, the advert banner will auto-renew for another year. We will make every reasonable attempt to contact you about renewal by email and text message to your business before auto-renewal.

16. Data Protection

16.1 Any and all personal data that We may collect will be collected, used, and held in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, and with your rights and Our obligations under that legislation.
16.2 Full details of how We collect, use, share, and protect personal data - including the purposes of processing, Our lawful bases, and how to exercise your rights - are set out in Our Privacy Policy, which forms part of these Terms and Conditions.
16.3 We do not sell personal data. We share personal data only as described in Our Privacy Policy, which includes: with Our payment processor (Stripe) for the purpose of processing payments; with members of Our corporate group and Our sister site www.gundogsuk.co.uk where clause 5.6 applies; with service providers who host and support Our Site; and where required by law.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Breeder Compliance

18.1 If you are advertising dog(s) on GunDogsDirect you must follow the government guidance for breeders: https://www.gov.uk/government/publications/animal-activities-licensing-guidance-for-local-authorities/dog-breeding-licensing-statutory-guidance-for-local-authorities. If it is found that you are in breach of this guidance your advert(s) will be removed.

Kind Regards,