PitPat LIFE Membership Terms July 2022 We offer a range of products defined in our General Terms of Use, including PitPat LIFE. Membership and use of PitPat LIFE is subject to all applicable terms of our General Terms of Use, to our Privacy Policy, to any applicable additional terms, and to these specific terms: About PitPat LIFE PitPat LIFE (also styled as PitPat LIFE™ and PitPat Life) is a membership-oriented service offered by us to dog owners. Its aim is to help you to look after your dog, and to be rewarded for doing so. PitPat LIFE is not a competition or marketing promotion. The Rewards received by you and your dog depend on your dog’s achievements within PitPat LIFE and are not dependent on direct comparisons with the performance of other individual dogs. About your dog Membership of PitPat LIFE is open to any pet dog (but not any other animal), and you as the owner or keeper of that dog enter into this contract with us. You are welcome to manage the memberships of more than one dog through PitPat LIFE, but each dog will be treated separately in respect of these and our other terms. About you You must be 18 years old or over on the day your dog joins PitPat LIFE. You must be normally resident in the United Kingdom, and be able to provide card payment using a card registered in the UK. Your PitPat device (if any), Gifts & Special Offers, any Prizes you claim, and anything else we may physically send you as part of your membership can only be sent to addresses in the UK. You must provide your real name and any other details that we require accurately and truthfully at the time of joining and on any subsequent request by us. Joining PitPat LIFE We will grant you membership of PitPat LIFE for your dog in exchange for any applicable one-off joining fee(s) and any applicable recurring subscription fee(s) agreed between us at the time your dog joins, both of which are payable by you. The legal relationship in respect of PitPat LIFE is between you and us, irrespective of whether you were introduced by, or joined via, any third-party organisation or individual. The level of any joining fee and recurring subscription payment may depend on factors such as your dog’s or your own affiliation with another company, organisation or scheme, or be influenced by a special offer or promotional scheme offered by us or someone else at the time your dog joins. Therefore, you or other dog owners may pay more or less for other dogs’ membership in exchange for the same or different Rewards. Payment You must pay any applicable joining fee and the first recurring subscription payment in advance on the day your dog joins PitPat LIFE. The fee for each subsequent recurring period of membership for the relevant dog will be due on the expiration of the previous period or on any other date that we agree between us. If we agree to an alternative recurring date for the payment of your recurring subscription fee, we will realign your dog’s membership periods to that new date by – at our sole discretion – extending or shortening one or more periods of membership. If your membership plan includes the supply by us to you of any PitPat device(s), the Minimum Term of membership for each separate dog is twelve recurring subscription payments, after which we will maintain their membership on a period-by-period basis for as long as you continue to pay the recurring subscription fee in advance at the beginning of each subsequent period of their membership. If your membership plan does not include the supply of any PitPat device(s), there is no Minimum Term of membership for your dog. We will maintain their membership on a period-by-period basis for as long as you continue to pay the recurring subscription fee in advance at the beginning of each period, and you may cancel whenever you wish as if you had completed the Minimum Term. You and your dog are only eligible for and can only receive the benefits of membership whilst your dog’s membership is current and has not been suspended or cancelled (for whatever reason) either by you or by us. Early cancellation If your membership plan includes the supply by us to you of any PitPat device(s), you are free to cancel your dog’s membership by contacting us by email on [email protected] at any time within the first 21 days of that membership. We may request further information, and we will ask you to return at your cost any PitPat device(s) and any Prizes that we have supplied to you as part of your dog’s membership. When we receive your PitPat device(s) and Prize(s) (if applicable), we will issue a full refund of all the fees you have paid to us for the dog whose membership you have asked us to cancel, we will deduct any accumulated Points balance from your dog (including any they may have received as part of a promotion or other opening balance), and there will be no further obligation between us. Any fee refund due will be made to the credit or debit card used by you to pay those fees. If you fail to return any PitPat device(s) and/or Prize(s) that we request, we reserve the right to charge you an additional Early Cancellation fee equal to the retail price of the PitPat device(s) and/or Prize(s) that we have supplied to you and/or to disable the operation of the device(s). Suspension We reserve the right to suspend the membership of any dog whose fees are overdue. Dogs whose membership is suspended may be stopped by us from receiving any or all membership benefits (including earning Points), and neither you nor your dog will be eligible to claim or receive any Rewards (including exchanging Points for Prizes) during this time. We will reinstate the membership of any suspended dog as soon as practically possible after all outstanding fees are paid. Cancellation You may contact us at any time after your dog’s Minimum Term to request Voluntary Cancellation. If you bought your dog’s membership via a purchase inside our app, you may cancel using our app or via other means provided by your phone’s operating system. We will stop taking payment for your dog’s membership as soon as practically possible, and we will then cancel your dog’s membership at the end of the month-long period you have paid for. Provided that the Minimum Term has been completed you may keep any PitPat device(s) that were supplied as part of your dog’s membership, which will subsequently operate and be regarded by us as if you had bought them as an outright purchase from us at the time your dog joined PitPat LIFE. If you don’t pay the monthly fee(s) for your dog for 60 days or more, we reserve the right to cancel the membership of your dog without further notice to you. If your dog’s membership is within the Minimum Term, we further reserve the right to charge you an additional cancellation fee equal to the full retail price of any PitPat device(s) and/or any Prize(s) that we have supplied to you, and/or to disable the operation of the device(s). We also reserve the right immediately to suspend or cancel your dog’s membership of PitPat LIFE if you breach any of our General Terms of Use or these Additional Terms, whereupon the terms relating to suspension and/or cancellation will apply. The Points balance (including any promotional Points) of any dog whose membership is cancelled (howsoever) may be immediately forfeited and any Points that were held for the benefit of the dog prior to cancellation may no longer be available for you to redeem. We therefore recommend that you exchange any Points that you may want to redeem before requesting cancellation of your dog’s membership. The status of any dog whose membership is cancelled (howsoever) will revert to the status of a dog that has never been a member of PitPat LIFE, and the features and benefits available to you will be identical to those we provide to owners of dogs that are not and have never been members of PitPat LIFE. PitPat device(s) We may supply one or more PitPat device(s) to you at the beginning of your dog’s membership of PitPat LIFE. Any PitPat device(s) we supply as part of your dog’s PitPat LIFE membership must only be used on the dog we supply them for. Neither you nor anyone else may resell or give away any PitPat device(s) supplied by us as part of a PitPat LIFE membership whilst that membership is within its Minimum Term. The terms relating to the provision of the PitPat device(s) (including but not limited to our General Terms, Privacy Policy, Device Terms, App Terms, Warranty and Customer Support Terms) are identical to those that would apply had the device(s) been bought by you from us as an outright retail purchase. Unless it is faulty within the warranty period, you are responsible for replacing any PitPat device(s) that we supply under your dog’s membership if they are lost, damaged, destroyed or stolen. We may, in our absolute discretion, offer an ex gratia discounted price for such a replacement if we are satisfied that the circumstances of its loss are genuine. If the PitPat device(s) that you use on your dog (whether supplied as part of your dog’s membership or not) are lost, stolen or otherwise out-of-use, you will continue to be liable for payment of the monthly subscription fee even if you decide not to replace them. Points Points may be earned by your dog in exchange for behaviours, activities, achievements and other actions completed during their membership. We publish at least one Points tariff indicating which behaviours, etc, attract Points and how many Points are awarded for those behaviours. This tariff is visible to you via our app and may also be visible elsewhere. Different dogs may be on different tariffs. This means that different dogs may earn different numbers of Points for different activities. The tariff in effect for your dog is set by us and will depend on the specific circumstances under which your dog joined PitPat LIFE. Points are accumulated against your dog and held for their benefit until they are either exchanged for Prizes, are forfeited following the cancellation of your dog’s membership of PitPat LIFE, or are otherwise deducted by us from your dog’s Points balance. Points that are successfully exchanged for Prizes are permanently deducted from your dog’s accumulated Points balance and are no longer available for redemption. Points that have not been exchanged for Prizes within two or more calendar years of the date on which they were earned by the dog may be declared by us as expired, removed from your dog’s Points balance and become unavailable for exchange without warning. In accordance with our general Terms, it is your responsibility to keep your account secure. We are not responsible for Points redeemed by other people who fraudulently access your account as a result of your failure to keep it secure. We reserve the right to remove any or all Points from your dog if we believe in our absolute discretion that any of their Points were earned or awarded in error, fraudulently or without fully completing the behaviours, etc, defined in the tariff for their proper award. Rewards Membership of PitPat LIFE provides you and your dog with access to a range of Rewards including: Gifts and Special Offers on joining and during your dog’s membership; Perks for dogs and owners whose membership is current and not suspended; and Prizes that you can choose to claim in exchange for Points earned by your dog. We reserve the right immediately to cancel without refund the PitPat LIFE membership of any dog whose owner we believe at our absolute discretion has attempted to mis-use any Reward or to access it in a fraudulent way. We further reserve the right to refuse membership (including future membership) to any other dog owned or co-owned by a PitPat user to whom this term has been applied. Gifts & special offers Gifts and Special-Offers may be offered and/or supplied by us to you at the time that your dog joins PitPat LIFE and subsequently during their membership. These Gifts and Special offers may include benefits provided by third-parties. In this case, the appropriate third-party is responsible for the delivery of the benefit and for any consequences arising from its offer, delivery or use. Except where they are faulty, the Gifts and Special Offers offered and/or supplied by us are not returnable or exchangeable for other things, and neither is a cash alternative available. Perks We may from time-to-time offer additional benefits (Perks) to you or your dog as a result of your dog’s membership of PitPat LIFE. These Perks may include benefits provided by third-parties. In this case, the appropriate third-party is responsible for the delivery of the Perk and for any consequences arising from its offer, delivery or use. Some Perks are subject to additional terms, and you must check the remainder of this document and pitpat.com/legal for those terms. Prizes We offer a range of Prizes that you can claim in exchange for Points legitimately earned by your dog for performing the prescribed behaviours, etc, during their membership of PitPat LIFE. You may also be eligible to exchange Points for Prizes offered by a third-party if – for example – you or your dog have a relationship with that third-party or are otherwise the beneficiary of such alternative Prize options. Such Prize options may be subject to additional legal terms between you and the third-party that may affect your eligibility to be offered, to claim or to receive those Prizes. You may claim Prizes offered by us or third-parties by following the prescribed online process that we make available to you (redemption). Prizes may not be claimed in any other way. Prizes may not be claimed during any period in which you are eligible for Early Cancellation of your dog’s membership of PitPat LIFE. All Prizes are priced in Points. Depending on the circumstances of their membership, different dogs may be offered different Prize options, and the price in Points for the same Prize may be different. You may claim one or more Prizes whose price in Points is less than or equal to the balance of Points held by your dog at the time you claim the Prize(s). When you claim a Prize, we will irrevocably deduct the value of that Prize from your dog’s Points balance. Points may be redeemed only on a dog-by-dog basis. You may not combine Points earned by multiple dogs, whether or not they are all owned by you, for the purpose of claiming a larger Prize. We will generally send or otherwise make available Prizes that you claim within 28 days, unless other arrangements apply as a result of the specific nature of a Prize, in which case we will indicate these arrangements before you claim such Prizes. If you claim a Prize through us that is both offered and fulfilled by a third-party, we will tell that third-party that you have claimed that Prize. In this case, our liability for delivery of the Prize is limited to communicating your claim to that third-party who is also responsible for any consequences arising from the offering, delivery or use of such a Prize. Unless faulty, Prizes may not be returned or refunded once claimed. We reserve the right to refuse to fulfil your claim for a Prize if we reasonably believe that such claim has been made fraudulently. Extended warranty Our products are covered by our Limited Warranty. We will indefinitely extend the Warranty Period of this Limited Warranty in respect of any wearable PitPat device(s) that are used exclusively on a dog that is a member of PitPat LIFE, for as long as that dog remains a member of PitPat LIFE, provided that such membership started within the original Warranty Period, and that such membership has been maintained continuously at least up to the moment at which any claim under this extended Warranty Period is made. Loss & damage protection We have designed wearable PitPat device(s) to be tough and hard to lose. However, if the PitPat device used on your dog gets lost or accidentally damaged, we may at our sole discretion offer you a replacement PitPat, subject to these conditions: The lost or damaged PitPat device must be or have been worn exclusively by a dog that is or was a member of PitPat LIFE with a fully-active and up-to-date subscription at the time the loss or damage occurred; The loss or damage must not have occurred as a result of misuse, failure to follow instructions, neglect, abuse, alteration, unreasonable carelessness, unusual stress, modification, improper or unauthorised repair, improper storage, water if the product has been opened, or because of use with unsuitable devices, software or services. We reserve the right to enquire as to the circumstances of your loss, and to grant or refuse this perk as a consequence of such enquiry in accordance with this condition; We will provide a replacement PitPat device under this Perk a maximum of once in any period of 12 calendar months; We reserve the right to refuse any claim for a replacement PitPat in circumstances where we reasonably believe that such claim has been made fraudulently. This Perk is in addition to and separate from your rights under our Limited Warranty (including any extension as a result of your dog’s membership of PitPat LIFE), which covers faults in materials and workmanship. To make a claim for a lost or damaged PitPat, please email [email protected] providing full details of the circumstances of the loss or damage, including details of the dog under whose membership of PitPat LIFE you wish to claim. We may ask for further evidence of the relevant circumstances before agreeing to provide a replacement PitPat. Replacement strap and battery Whenever a PitPat device used exclusively by a dog that is a current, active and fully-paid member of PitPat LIFE requires a replacement strap, we will provide such strap free-of-charge on request by you to us on [email protected]. Similarly, for PitPat Activity Monitors only, we will provide a replacement battery when required subject to the same terms. We reserve the right to limit or reject claims under this Perk where we reasonably believe any such claim has been made frivolously or fraudulently. Video Vet Provision of the Video Vet Perk as part of PitPat LIFE is subject to these additional terms. Transfer of dog ownership If your ownership of your dog ends for any reason other than your dog’s death you must either ask us to transfer the control of your dog’s membership to any other current co-owner of your dog as recognised within our system, or ask us to cancel your dog’s membership. The cancellation process will depend on the status of your dog’s membership, as follows: If your dog is within the early cancellation period, you may follow that process; If your dog is outside the Minimum Term of membership, you may follow that process; If your dog is outside the early cancellation period but within the Minimum Term of membership, we may ask you to formally confirm that your ownership has ended. We may also ask you to return to us any PitPat device that we supplied as part of your dog’s membership. Provided we are satisfied that your ownership of your dog has ended, and when we receive your PitPat device (if requested), we will cancel your dog’s membership as soon as practically possible. If you don’t return your PitPat device on request, we reserve the right to charge you a fee equal to the full retail price of the device, and/or to disable the operation of the device. Death In the unfortunate event of the death of your dog, we ask you to contact us as soon as possible. We may ask you to formally confirm the death of your dog. Upon notification or confirmation of the death of your dog, we will stop collecting the monthly fees as soon as possible whether inside or outside the Minimum Term. The Points balance of your dog will remain available for redemption by you for a period of 90 days following notification, after which your dog’s membership will be cancelled. In the event of your own death, we will – upon appropriate confirmation – stop collecting your dog’s monthly fees and cancel their membership as soon as possible whether they are inside or outside the Minimum Term. Alternatively, your executor(s) may ask us to transfer control of your dog’s membership and the full obligations and benefits of it to any other current co-owner of your dog as recognised within our system. Our liability PitPat LIFE aims to encourage you to help your dog to live a healthy and happy lifestyle, and to reward you both for doing so. However, we do not guarantee that membership of PitPat LIFE will improve your dog’s health or increase your own happiness. We remind you that our General Terms of Use require you to use good judgement and to assume full responsibility for the effects on your dog of actions recommended or otherwise indicated or suggested by us (including through our app, emails, website and via other communications). PitPat LIFE aims to offer you and your dog a range of tangible and intangible Rewards (including Gifts, Special Offers, Perks and Prizes) that may exceed the monetary value of the relevant fees paid by you for your dog. However, we don’t guarantee that every Reward will be applicable to you or your dog, or that your dog will necessarily earn enough Points to receive the Prizes you may want or which financially offset the fees you have paid. Except as prescribed by law, you are responsible for ensuring that any Rewards that we, our business partners or any third-party, supply to you as part of PitPat LIFE are appropriate for your individual dog, and that they are used by you and your dog in a safe and healthy way. We may exercise our discretion in applying our rights under any of these Terms. Our voluntary or involuntary failure to enforce any right under these Terms does not indicate our surrender or waiver of that or any other right we may have under these Terms. In the event of a dispute, our total liability to you will not exceed the actual fees paid by you in respect of your dog’s membership. Changes We may make changes to these terms in accordance with our General Terms of Use and the following additional terms: We may alter the way PitPat LIFE operates at any time, including the joining fee for new members, the monthly subscription for any member, the design, features, behaviour and capabilities of our app, the ways in which Points can be earned, the numbers of Points earned for any behaviour, the tariff applied to any dog, the Rewards (including Gifts, Special Offers, Perks and Prizes) offered to you and your dog, the price in Points of any Prize and any of these or our other legal terms. We may attempt to contact you in advance of any change applicable to you or your dog, but we do not guarantee to do so or that we will succeed if we do. Any change will apply whether or not we successfully contact you. In the event of such alterations we will endeavour to maintain or improve the general appeal and overall value of the benefits of your dog’s membership to you. However, if any such alteration materially reduces the value of the benefits of your dog’s membership and your dog is within its Minimum Term, you will have the additional right to cancel your dog’s membership, whereupon the same terms as those affecting dogs whose membership is otherwise cancelled within the Minimum Term will apply.
