Last updated: September 27th, 2018.

GroomSmart ("Service", "GroomSmart", "we", "our"), supplied by Kieran Smith, is made available to the Subscriber ("you", "your", "Subscriber") subject to the following conditions ("Terms"). Use of the Service constitutes acceptance and agreement of the following terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

You agree that GroomSmart may provide you with notices, including those regarding changes to the Terms, by email.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Use of Services

You may use the Service provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom.

Accounts

In order to access the Service, you are required to provide us information that is accurate, complete, and current at all times, as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify GroomSmart upon becoming aware of any breach of security or unauthorised use of your account.

GroomSmart will not be liable for any loss or damage as a result of your failure to provide accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for any data that is created, stored, displayed by, or transmitted by your account while using GroomSmart. You will not engage in any activity that interferes with or disrupts GroomSmart's services or networks connected to GroomSmart.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund, and the possibility that GroomSmart will impose fees and/or pursue civil remedies without providing advance notice. If in doubt, always contact us first.

Access to Other Computers or Networks without Authorisation: Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to the party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Providing False Data on any Contract or Application: Including fraudulent use of credit card numbers.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of GroomSmart or GroomSmart's customers.

GroomSmart may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of United Kingdom regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Content associated with that of an adult or pornographic nature, forgery, identity theft, wire fraud, money laundering, or terrorist activities is also prohibited. GroomSmart may not be used to facilitate infringement of these laws in any way.

Payments and Billing

You agree that GroomSmart shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. The Service may be interrupted on accounts that where payment cannot be taken for any reason. Accounts that are not collectable by GroomSmart may be turned over to an outside collection agency for collection.

You understand that GroomSmart may prospectively change the specified subscription plans ("Plan") and rates from time to time. Your chosen Plan will remain available until you change/cancel Plans. GroomSmart reserves the right to revoke discounts at any time, already applied or otherwise, without notice.

GroomSmart is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by GroomSmart. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.

Support

GroomSmart provides technical support to our customers via email. Phone support is not available at this time. No representations or guarantees are made regarding the response time in which email support questions are answered, however we aim to respond within 24 hours to all issues.

Account Cancellation Or Suspension

GroomSmart will use reasonable care in notifying the Subscriber and in resolving a problem in a method resulting in the least amount of service interference. GroomSmart reserves the right to terminate service without notice. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

If at any time it becomes necessary for GroomSmart to cancel a customer's service without cause, GroomSmart will provide 14 days advance notice.

You may cancel the service at any time by using the "Cancel Subscription" link located on the "Subscription" sub-tab of the "Settings" page on the GroomSmart web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

Links to Other Websites

The Service may contain links to third-party web sites or services that are not owned or controlled by GroomSmart.

GroomSmart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GroomSmart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Disclosure To Law Enforcement

These Terms specifically prohibits the use of GroomSmart for illegal activities. Therefore, the Subscriber agrees that GroomSmart may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, GroomSmart shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

GroomSmart has no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Service; what Content you access via the Service; or how you may interpret or use the Service or its content.

You release us from all liability for you having acquired or not acquired content through the Service. We make no representations concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Service.

THE SERVICES ARE PROVIDED "AS IS", AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE, OR QUALITY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE ALSO DO NO WARRANT THAT: THE RESULT OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; ANY CONTENT OR SOFTWARE AVAILABLE THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, LOSS CAUSED BY A VIRUS, COST OF SUBSTITUTE SERVICES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE EVEN IF GROOMSMART HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF GROOMSMART TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER UNDER CONTRACT, TORT, OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, FEES PAID TO US FOR YOUR CHOSEN PLAN DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD. THE SUBSCRIBER ALSO ACKNOWLEDGES THAT THE FEES PAID REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT GROOMSMART WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Indemnification

You indemnify GroomSmart from all claims, including damages claims, brought against GroomSmart by other users or third parties, including public authorities, due to violations of their rights as a result of your use of, or due to content that you have uploaded to, GroomSmart. You will bear all appropriate costs, including costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated. These obligations will only apply if you are responsible for the violation of rights in question.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of GroomSmart or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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