Terms Of Service

Please Read These Terms Carefully Before Using this Service The content on this website www.toplinedogs.co.uk and app.Toplinedogs.co.uk (the "site") and all sites using the domains Topline Dogs.co.uk is provided by Topline Dogs (as a service to its customers. By using this site, you agree to these terms (Agreement). If you do not agree to them, do not use the site or access the service from it.

1. Acceptance of Terms
The Services are offered to you conditional on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Website (the Site) by Topline Dogs (collectively, the "Terms" of Service). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms of Service apply to all users of the Topline Dogs site. The words "use" or "using" in this Agreement, means any time a User (a person visiting/using the content/service of the site), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Topline Dogs Services (see clause 2 below), transmit, receive or exchange data or communicate with the Topline Dogs Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Topline Dogs Services, for any purpose whatsoever. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Topline Dogs resources and services.

2. The Service
The Topline Dogs website including all content (Content) and services available through the Topline Dogs is owned and operated by Topline Dogs. Customer Relationship Management (CRM) is a web-based service accessible by computers. This is a FREE & PAID FOR SERVICE provided by the site to its customers. CRM service provided by the site helps you to collect and manage client information as well as schedule. Topline Dogs reserves the right to end its free service at any time with no prior notice to its customers. You understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from Topline Dogs, such as service announcements, administrative messages and updates. Topline Dogs service can be used to send out marketing emails and appointment reminders. You agree not to send unsolicited bulk e-mail messages using the Service or mentioning e-mail address or URL that is maintained by Topline Dogs. Spamming, or the sending of unsolicited email\SMS, using an email address, URL that is maintained on the Topline Dogs system, or directing traffic to a web page that contains any reference to Topline Dogs is STRICTLY prohibited. Spamming will also be a violation of the Topline Dogs Service Agreement. Topline Dogs will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. In addition, Topline Dogs may pursue legal action against you.

3. Modifications to the Service
Topline Dogs reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to its users, and is not obligated to support or update the Service. The amended Terms Of Service of this agreement shall be effective immediately after they are initially posted on the Site. User's continued use of the Service after the posting of the amended Terms on the Site constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Topline Dogs shall not be liable to User or any third party in the event that Topline Dogs exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms of Use.

4. Registration/Use
In order to get communication regarding the new services from this site, to access some features of the Site, like managing your account details, you will have to sign up/register and create an account. You must submit a valid email address; select a username and password during the registration process. By electing to use these services; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose. The password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password/account. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Topline Dogs immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party. You confirm that you are at least 18 years old (as defined by the laws of your country) to use our services. You also represent that you are not a person barred from receiving the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Topline Dogs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Topline Dogs has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. Privacy Policy
We respect your privacy and the use and protection of your Personal Information. Topline Dogs collects certain business information at the time of subscribing for use/registration. By using our service, you explicitly agree to accept email marketing communications from us. Please see our Privacy Policy for important information and disclosures relating to the collection, protection and use of your Personal Information in connection with your use of Topline Dogs Services.

6. User Conduct/Lawful Use
User agrees that use of the site is subject to all applicable International, National, State, and Local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Topline Dogs for lawful purposes only.
You agree:
1. Not to use Topline Dogs Services for illegal purposes;
2. Not to interfere or disrupt networks connected to the Topline Dogs Service;
3. To comply with all regulations, policies and procedures of networks connected to Topline Dogs;
4. Not to resell or transfer your access to the service to any third party;
5. To act responsibly, treat other website users with respect and not violate their rights;
6. Not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the Website;
7. Not to harvest or collect information about Users of the service without their express consent;
8. Not to solicit personal information from anyone under the age of 18;
9. Not to send any unsolicited emails or texts to customers.
10. To store only the minimum amount of personal data needed to carry out business functions.
11. Not to store customer credit, debit or bank details
12. Only to store and hold personal data for as long as is required to carry out business functions.
Should Topline Dogs find a customer to be using server resources to such an extent that he/she may jeopardize server performance and resources for other customers. In such instances, Topline Dogs reserves the right to block\limit such User.
Topline Dogs reserves the right to delete any User accounts that have not been logged into for 3 months or longer.
In case of any violation of these Terms, Topline Dogs reserves the right to seek all remedies available by law and in equity for such violations.

7. Limitation of Liability
As a condition of use of the Service, and in consideration of the services provided by Topline Dogs, User agrees that neither Topline Dogs, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Topline Dogs will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; or resulting from the use or the inability to use Topline Dogs services or for cost of procurement of substitute goods and services; or resulting from unauthorized access to, deletion or alteration of user's transmissions or data; or failure of the site to store user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Topline Dogs has been advised of the possibility of such damages.
Topline Dogs makes no representations that the Topline Dogs Site is appropriate or available for use in other locations. Those who access or use the Topline Dogs Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Your Topline Dogs account is non-transferable and any rights to your Topline Dogs subscriber account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated. Topline Dogs will not be liable for any claims if any information from the client database maintained by it is lost or stolen. No legal action can be initiated by the User in this regard. Regardless of any statute or law to the contrary, since the service is offered free, Topline Dogs will not be liable to pay any claim arising out of or related to use of the Topline Dogs Services.

8. Confidentiality
In this agreement Confidential Information shall include any or all Client proprietary and confidential information furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to Topline Dogs such as, but not limited to: technical and business information, customer lists, business plans, marketing plans or strategies, passwords or user identifications, financial information or designs. Notwithstanding the termination, expiration or cancellation of this Agreement, Topline Dogs agrees to treat such Confidential Information as confidential for an indefinite period from the date of receipt of same, unless otherwise agreed to in writing by you. You shall keep the details of the Agreement and any such information which you may learn about Topline Dogs, our business technology and our clientele, strictly confidential and agree not to disclose it to any third party. You agree that if Topline Dogs suffers any loss or there is a failure from your end to meet any of these obligations above, you agree to pay us directly and immediately for any proven losses that may occur. Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned. The obligations imposed in this Article shall not apply to any information that: (a) is known to the public (through no act or omission of Topline Dogs in violation of this Agreement); (b) is lawfully acquired by Topline Dogs from an independent source having no obligation to maintain the confidentiality of such information; (c) was known to Topline Dogs prior to its disclosure under this Agreement; (d) was independently developed by the Topline Dogs; (e) Is disclosed by Client without restriction; or (f) is required to be disclosed by governmental or judicial order. The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.

9. License
The contents on this Site are copyrighted and any unauthorized use of any content on this Site may violate copyright, trademark, and other laws. You may use the service on any personal computer (PC, MAC, Tablet) for commercial use. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; Remove any copyright or other proprietary notices from the Materials; Transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

10. Disclaimer/No Warranty
Topline Dogs service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Topline Dogs be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any user or other third party, and/or; any errors or omissions in any content or for any loss of damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Topline Dogs site. Topline Dogs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Topline Dogs site or any hyperlinked site or featured in any banner or other advertising. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Topline Dogs is not liable for any statements, representations or content in any public forum, blog or other interactive area, even if Topline Dogs has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Topline Dogs further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, links or other items contained within these materials will be accurate and complete. Topline Dogs may make changes to these materials at any time without notice. Topline Dogs makes no commitment to update the Materials. No oral advice or written information given by Topline Dogs, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Topline Dogs will be conducting periodical maintenance of its website and systems. Website service will not be available during such maintenance period. Further, Topline Dogs is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Topline Dogs Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with the Topline Dogs Services.

11. Indemnification
User will defend, indemnify and hold harmless Topline Dogs and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. This indemnification obligation will survive these Terms of Service and your use of the Topline Dogs Site.

12. Notices
Topline Dogs may give notice to you by electronic mail or by conventional mail. Notice by Topline Dogs shall be effective on the date that Topline Dogs makes a good faith effort to reach you. You shall give notice to Topline Dogs as stated below. Notice by you shall be effective on the date that Topline Dogs actually receives the notice. support@ToplineDogs.co.uk

13. Intellectual Property Rights
User acknowledges that content, including but not limited to policy information, text, music, sound, images, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws; and User is only permitted to use the service as expressly authorized by Topline Dogs. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Topline Dogs. User agrees not to use or divulge to others any information designated by Topline Dogs as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes; and may result in termination of the Users access to the service. Except as specifically permitted herein, no portion of the information on the site may be reproduced in any form, or by any means, without prior written permission from Topline Dogs. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the site for any public, personal or commercial purposes. If you download, print or display any Topline Dogs Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other hidden text utilizing the Topline Dogs name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Topline Dogs Topline Dogs reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site or violation of the Terms of Use.

14. Termination
You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Any attempt to undermine or cause harm to a Topline Dogs server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes spamming, transmission of - malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them. Topline Dogs may terminate users account and forfeit any fee (if collected), at any time without prior notice, if you are in breach of the terms of this Agreement. Topline Dogs will be the sole arbiter as to what constitutes a violation of the Agreement.

15. Entire Agreement/Severability
This Agreement sets forth the entire agreement between you and Topline Dogs in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Topline Dogs failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.

16. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms and Conditions of Use.

17. Governing Law
These Terms shall be governed by and construed in accordance the Laws of England, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of English/ Northern Ireland/ Scottish Laws, the laws, rules and regulations of Great Britain shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of English Courts.

18. Beta Tag
When a service is tagged with the word "Beta", this refers to the site being in a Live Testing Phase meaning that the system may still be prone to errors and may not be the final production version in which Topline Dogs reserves the right to change at any point the appearance, functionality and performance of the website without needing to provide any notice to its users.

19. Data Backup
Topline Dogs take regular backup of data contained within its system and also copies data offsite to reduce risk of data loss, however like any backup system, backing up data is not 100% guaranteed, should data corruption occur Topline Dogs will restore the last 'working' copy.

20. Support
Support is offered via email only, in some situations Topline Dogs support may provide additional support via phone and\or remote pc support, support is only available to valid "Premium subscribers" and clients in "Trial".

21. Redundant Systems & Disaster Recovery
Topline Dogs have invested in backup systems, offering another way for clients to access data, allowing us to reduce data\service loss risk. Should a major outage occur at our data centre, we may be forced to bring online our secondary systems, which normally takes a few hours to switch over, but can take up to 48 hours to migrate. However, we also can not 100% guarantee our backup service will be available.

22. Paid Subscriptions
If you have chosen a paid subscription you agree to enter a yearly or monthly contract with Topline Dogs.
Subscriptions can be cancelled at any time.
If you wish to change your subscription service please contact us, please note there is no credit available when switching between subscriptions.

23. Paid Subscriptions with SMS
If you have chosen a subscription that includes an SMS pack this is classed as a feature, should you change your subscription to a subscription that includes a lower or no SMS then the SMS balance will be reset to 0.
If you have purchased additional SMS then the account will be calculated based on this and any credits will remain in place.

24. Stored Images
You agree that Topline Dogs are not responsible for the images uploaded to its service and are not responsible for the upkeep of images.
You also agree not to upload any image that is not owned by you.
Topline Dogs reserve the right to modify or purge images stored on its service if it deems performance or maintenance or the service is impacted.

25. Data Protection
You agree that you are responsible for the data collected, stored or processed.

26. User Content
If you process EU Citizen data then you agree that the information you collect, store and process comply with EU Regulation 2016/679.
You are responsible as a 'Data Controller' to follow this regulation and to ensure you collect the minimum amount of data needed to operate your business.
Should you choose to “Market” your customers you agree that you have their explicit consent and agree they have the right to “unsubscribe” at any time.
Right of access Requests [info].
You agree that should a EU Citizen request a “Right of access” then you are responsible to process and provide this information to your customer. All requests must be processed without any unfounded delay and within one month.
Right to erasure[info].
Should a customer request ‘the right to be forgotten’ then you must delete all personal data relating to the customer. You also agree that you will not hold onto any personal data for longer than necessary.
More information can be found on the Information Commissioner's Office website

Document Version: 1
Reviewed: 18 August 2020

Please Read These Terms Carefully Before Using this Service

Topline Dogs is committed to maintaining the confidentiality, integrity and security of information about our users and their organizations. Topline Dogs Privacy Policy describes the information we collect, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your information.

Collection of Your Personal and Business Information

When you signup to toplinedogs.co.uk we need to collect information about you and your business, this includes data such as Name, Business Name, Email and address.
We also collect data relating to your computer, IP address and web browser information.

We will also collect and store any information relating to your business, such as tax rate, prices, website, contact numbers and email addresses.



How Your Personal Information Is Used

Topline Dogs collects your information in order to provide services to you, comply with our legal obligations, and to improve our products and services. We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. Topline Dogs may use this information to:

  • Process Orders

  • Send You Subscription Renewal Reminders and Confirmations

  • Administer Your Account

  • Customise Your Experience and Account

  • Used for Internal Statistical, Metric and Reporting Purposes

  • Send You service updates and information

  • Secure your Account



Information Shared with Third Parties

Topline Dogs will provide a number of selected partners minimal information you collect and store within our service in order for Topline Dogs deliver its services on your behalf.
To the best of our knowledge, these companies use the information provided by us to solely carry out the activity that they have been selected for and do not share this information for any other purpose.
We do share your information with certain companies in order to take payment (Stripe), store data (Microsoft) and send you information and security emails (SendGrid).
We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.



Protection of Your Personal Information

The Personal Information that you provide in connection with the use of the service is protected in several ways.

  • Your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone

  • Your Personal Information resides on servers that only selected Topline Dogs personnel and contractors have access to via password.

  • Your Information is encrypted whenever it is transmitted to and from toplinedogs.co.uk


We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. While we take into account the sensitivity of the Personal Information we collect, process and store, and the current state of technology to use these measures protect your Personal Information, we cannot guarantee its absolute security.

Data Retention

We will retain your information for as long as your account is active, should you cancel your paid subscription or not access your account within 3 months Topline Dogs reserve the right to delete the account, If you wish to delete your account or request that we no longer use your information to provide you services contact us at support@ToplineDogs.co.uk We will respond to your request within 30 days.
We will retain and use your information as necessary to comply with any legal obligations, disputes, and enforce our agreements.

Cookies
Topline Dogs uses cookies to help provide the best customer experience for our customers and make our website easier for you to use.

What are cookies?
Cookies are super tiny files that contain information that is needed to help communicate via your web browser (Like Chrome or IE) to our web server, these files are vital and to help us present your account information. Cookies are used to save time and make visiting websites more efficient and personalized. Currently in order to use is site you must accept cookies. For more information please visit (please note we are not responsible for the content on this site) http://www.allaboutcookies.org

How does Topline Dogs use cookies?
Currently we only use cookies to store account and user information that enables us to log you in and present the correct information to you.

Information You Upload to Topline Dogs
Topline Dogs offers a scheduling, marketing, CRM and other business tools. All client and business data uploaded into our system are stored in a secure location. Only restricted users at Topline Dogs have access to your Data

Links
Topline Dogs may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our services, customized content and advertising.

Other Sites
Topline Dogs website may contain links to other sites. Please be aware that Topline Dogs is not responsible for the privacy policy of third-party sites. We encourage our users to read the privacy policies of each and every website that collects personal, identifiable information.

User Communication
We may retain email or other communication you send to Topline Dogs in order to process your inquiries, respond to your requests and improve our services.

Changes to this Privacy Policy

This Privacy Policy may change over time, it is your responsibility to visit our website to check for updates, however Topline Dogs may email you of changes. You reserve the right at any time to cancel your account by emailing us at support@ToplineDogs.co.uk.

Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Topline Dogs employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Version:1.0

Reviewed: 20-08-2020

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