Terms of Submission

  1. Description of Service
    In accordance with these Terms and Conditions (referred to as the "Agreement"), Gecko Social Ltd (trading as wherepetsarewelcome.uk, petsarewelcome.net, lakedistrictholidaylodges.uk, withpets.uk, cornishholidayswithpets.uk, thepetsarewelcome.uk, and holidaycottageswithpets.uk) shall display on our website one or more of the following on the applicable listing page of the Customer’s business:
    a link to the official URL
    the phone number, and a link to the property's email address
    from the Effective Date until terminated by either party in accordance with this Agreement (the "Term"). Gecko Social Ltd makes no guarantees as to the effectiveness of creating a Business Listing.

    Gecko Social Ltd Business Listings is a subscription product that helps travelers worldwide to reach your property by providing localized contact details such as country dialing codes, websites and email addresses in different languages. It is a powerful tool to help businesses market to consumers and spread the word about their business.
  2. Definitions
    "Business Listing" shall be defined as a listing which includes one or more of the following listed on the Where Pets are Welcome Site:
    1. a link to an official URL for the property,
    2. a phone number, and
    3. link to the property's email address.

"Business Listings Order" means the record generated by Where Pets are Welcome sent to the Customer setting out the terms of the Business Listing.
"Customer" or "You" means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business Listings Order.
"Deliverables" customer can choose one or more of the following to add to a Business Listing: the official URL, link to the property's email address, phone number.

  1. Sales Order Rules
    All requests by a Customer to create a Business Listing on our websites are governed by this Agreement and the Business Listings Order. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on us, whether in conflict with or in addition to this Agreement. This Agreement is binding on Customer and not subject to cancellation, except as provided below under Section 4 & 7. Customer will use our services in accordance with the our Terms of Use (as amended from time to time), any applicable law and in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by Where Pets are Welcome in its sole discretion.
  2. Business Listings
    We reserves the right, without liability, to reject, edit, remove and/or cancel any information in the Business Listings that contain content or links which do not meet Where Pets are Welcomes's specifications, at Where Pets are Welcomes's sole discretion. Where Pets are Welcome's sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet the Where Pets are Welcome specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. Where Pets are Welcome may redesign the Where Pets are Welcome Site at its sole discretion at any time. Customer agrees to the following:
    1. The Customer hereby grants Where Pets are Welcome and its affiliates the right to display Business Listing information on the Where Pets are Welcome Site, and any other Where Pets are Welcome partner web sites and emails that are related to Where Pets are Welcome. Failure by Where Pets are Welcome to publish any Business Listing information does not constitute a breach of contract or otherwise entitle the Customer to any legal remedy.
    2. As an option, the Customer may add a coupon to the Business Listing by completing the appropriate form on the Where Pets are Welcome Site. The Customer will use their best efforts to honor the coupon when the guest presents it, and shall include any restrictions (if applicable) to the coupon form prior to the display of a coupon online. The Customer is solely responsible for any issues or problems that may arise in relation to the coupon.
    3. The Customer's failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give Where Pets are Welcome the right to immediately terminate the applicable Agreement;
    4. The Customer shall be solely responsible for the content provided to Where Pets are Welcome for the Business Listing and any web site linked to from such information and shall indemnify Where Pets are Welcome for all loss, costs, and damages in connection with any claims of infringement of any third party rights. The Customer represents, warrants and covenants to Where Pets are Welcome that at all times,
        1. it is fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked);
        2. all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party;
        3. it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this agreement does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and
        4. each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
    5. It is the Customer's obligation to submit Business Listing information in accordance with Where Pets are Welcome's existing criteria or specifications (including content limitations, technical specifications, terms of use, privacy policies, user experience policies, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the Site to which Where Pets are Welcome members are directed), and any other Where Pets are Welcome policy (collectively "Policies").
    6. Public Announcements. The Customer hereby grants Where Pets are Welcome permission to publicize the fact that it is a Business Listing customer of Where Pets are Welcome in a press release. The Customer shall not use, display or modify Where Pets are Welcomes trademarks in any manner without the prior written consent of Where Pets are Welcome.
  3. Privacy and Compliance
    From the date that the Business Listing information begins to be displayed, through the expiration or termination of the Agreement or applicable S.O., Customer shall have a privacy policy in place governing Customer's use of end users' personal information that meets or exceeds any applicable laws, rules and regulations governing the use of such information. Both parties shall ensure that any collection, use and disclosure of information obtained pursuant to the related S.O. comply with all applicable laws, regulations and privacy policies, including all of the requirements the CAN-SPAM Act. Customer agrees not to send any unsolicited, commercial email or other online communication (e.g., "spam") through to Where Pets are Welcome users and shall comply with all applicable Where Pets are Welcome policies regarding bulk mail. If applicable, for the purposes of any email or advertising placements, Customer designates Where Pets are Welcome as the sender for compliance with the CAN-SPAM Act. This section shall survive the completion, expiration, termination or cancellation of this S.O. for a period of five (5) years.
  4. Payment Terms and Calculations
    Where Customer purchases a Business Listing on a subscription basis (monthly or annually (as applicable)), Customer acknowledges and agrees that this is a recurring payment and payments shall be made to Where Pets are Welcome by the method selected by Customer at the recurring intervals until the subscription for Business Listings is terminated by Customer or Where Pets are Welcome in accordance with this Agreement. Customer shall be charged for the Business Listing from the first date that Where Pets are Welcome activates and displays the Business Listing on the Where Pets are Welcome Site under this Agreement as recorded in the Business Listings Order. Customer shall pay Where Pets are Welcome upfront for the annual or monthly (as appropriate) display of Business Listing information. If Where Pets are Welcome agrees to receive payment by monthly installments, Customer must pay Where Pets are Welcome every month in advance. In addition to any other rights, Where Pets are Welcome may immediately remove Customer's Business Listing information in the event that it detects some form of misuse within such time period. All sums payable by Customer to Where Pets are Welcome under this Agreement are exclusive of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate (except for VAT, which may be billed in Customer's invoice). Business Listings will be renewed automatically on an annual or monthly (as applicable) basis at the then-current standard rates. Current fees will be charged to the credit card on file unless otherwise notified of a cancellation in writing. Although Where Pets are Welcome may choose to send a reminder email prior to charging a customer for a renewal fee, Where Pets are Welcome is not responsible for notifying a customer of this automated renewal. If You have missed any payments you owe to Where Pets are Welcome or if a credit card is expired or otherwise fails to authorize, the Business Listings service may be discontinued without notice. Rates for Business Listings are calculated based on multiple factors including, but not limited to, the number of rooms of the Customer's accommodation and the number of page views for the Customer’s Business Listings. If at any time, Where Pets are Welcome becomes aware of the fact that the accommodation has more rooms than were indicated when the S.O. was signed (if applicable) and payment was made, the Customer will be notified of the accurate rates on the correct amount of rooms and the balance owed, and such misrepresentation shall be considered a material breach of this Agreement. If the Customer does not pay this balance within 7 days of notification, the Business Listing may be cancelled without a refund.
  5. Effective Date, Cancellation, Switching and Add-Ons
    1. Effective Date: Unless we agree otherwise, this Agreement is effective upon the date that the Business Listing is initially displayed on the Where Pets are Welcome Site and as recorded in the Business Listings Order.
    2. Cancellation: A Customer may cancel its Business Listing subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:
      1. Monthly Subscription: If a Customer requests the cancellation of a monthly Business Listing subscription at any time during the first fourteen (14) days after the Effective Date, the cancellation will take effect immediately and the Customer will be entitled to a prorated refund of the pre-paid Business Listing fee, in respect of the unused portion of the subscription. Furthermore, a Customer may request the cancellation of a monthly Business Listing subscription at any time after the first ninety (90) days of the subscription, and such cancellation will take effect at the end of the Customer's current monthly billing period. The Customer will not be entitled to any refund of the pre-paid Business Listing fee for that month.
      2. Annual Subscription - Cancellation in First Year: If a Customer requests the cancellation of an annual Business Listing subscription at any time during the first thirty (30) days after the initial Effective Date, (i) for annual payment accounts, the cancellation will take effect immediately and the Customer will be entitled to a prorated refund for that year, in respect of the unused portion of the subscription; and (ii) for monthly installment accounts, the cancellation will take effect at the end of the Customer’s current billing period. The Customer will not be entitled to any refund of the pre-paid Business Listing fee for that month.

        If a Customer requests cancellation at any time after the first thirty (30) days, the cancellation will take effect on the first anniversary of the Effective Date and the Customer will be liable for payment of Business Listing fee for that year.

        Annual Subscription - Cancellation after First Year: If a Customer requests the cancellation of an annual Business Listing subscription at any time during the first thirty (30) days after the renewal date in any year (ie. each anniversary of the Effective Date): (i) for annual payment accounts, the cancellation will take effect immediately and the Customer will be entitled to a prorated refund of the pre-paid Business Listing fee for the coming year, in respect of the unused portion of the subscription; and (ii) for monthly installment accounts, the cancellation will take effect at the end of the Customer’s current billing period. The Customer will not be entitled to any refund of the pre-paid Business Listing fee for that month. 

        If a Customer requests cancellation at any time after the first thirty (30) days following a renewal date, the cancellation will take effect at the end of the Customer's current annual billing period and the Customer will not be entitled to any refund of the pre-paid Business Listing fee for that year. 

        UPON TERMINATION OF THIS AGREEMENT, CUSTOMER'S SOLE REMEDY WILL BE A REFUND OF PRE-PAID FEES (IF APPLICABLE) UNDER THE TERMS OF THE ABOVE CANCELLATION POLICIES. NEITHER Where Pets are Welcome NOR ANY OF ITS AFFILIATES WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO THE CUSTOMER, OR ANY OTHER THIRD-PARTIES, IN RESPECT OF TERMINATION.

    3. Switching: If permitted by Where Pets are Welcome, a Customer switches between: (i) an annual subscription payable in full upfront; (ii) an annual subscription payable by installments; or (iii) a monthly Business Listing subscription, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.
    4. Add-ons: An add-on is product that is purchased in addition to a Business Listing subscription (i.e., Mobile Upgrade). All add-ons shall expire at the same time as the related Business Listing subscription.
      1. Monthly Subscription: If a Customer requests the cancellation of an add-on to their monthly Business Listing subscription, the cancellation will take effect at the end of the Customer's current monthly billing period. The Customer will not be entitled to any refund of the pre-paid add-on fee for that month. Unless otherwise indicated by the Customer, the Business Listing subscription will continue after the add-on is cancelled.
      2. Annual Subscription - Cancellation in First Year: If the initial purchase of a Business Listing subscription includes an add-on and the Customer requests the cancellation of the add-on within the first thirty (30) days: (i) for annual payment accounts, the cancellation of the add-on will take effect immediately and the Customer will be entitled to a prorated refund for the pre-paid add-on for that year; and (ii) for monthly installment accounts, the cancellation will take effect at the end of the Customer’s current billing period. The Customer will not be entitled to any refund of the pre-paid add-on fee for that month. If outside the 30-day window, then the cancellation will take effect at the end of the Customer's annual term and the Customer will not be entitled to any refund of the pre-paid add-on for that year.
      3. Annual Subscription - Cancellation after First Year: If a customer requests the cancellation of an add-on to their annual Business Listing subscription within 30 days: (i) for annual payment accounts, the cancellation will take effect immediately and a prorated credit for the add-on will be given for the remainder of the Customer's subscription term; and (ii) for monthly installment accounts, the cancellation will take effect at the end of the Customer’s current billing period. The Customer will not be entitled to any refund of the pre-paid add-on fee for that month. If outside the 30-day window, then the cancellation will take effect at the end of the Customer's annual term and the Customer will not be entitled to any refund of the pre-paid add-on for that year. Unless otherwise indicated by the Customer, the Business Listing subscription will continue after the add-on is cancelled
  6. Liability, Warranty & Indemnity
    1. Where Pets are Welcome MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE Where Pets are Welcome SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE Where Pets are Welcome SITE. Where Pets are Welcome DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL Where Pets are Welcome OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Where Pets are Welcome FROM CUSTOMER FOR THE SPECIFIC BUSINESS LISTING INFORMATION AT ISSUE.
    2. Customer agrees to defend, indemnify and hold harmless Where Pets are Welcome and each of Where Pets are Welcome's agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, damages, assessments, or judgments (collectively, "Liabilities"), resulting from any claim against any such parties in connection with Customer's advertisement, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of Where Pets are Welcome.
  7. Jurisdiction & Venue
    This Agreement is governed by the laws of England, United Kingdom. Customer consents to the exclusive jurisdiction and venue of courts of England, United Kingdom, for all disputes related to the subject matter hereof.
  8. General Provisions
    No joint venture, partnership, employment, or agency relationship exists between Customer and Where Pets are Welcome. Where Pets are Welcome will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. Customer may not assign its rights hereunder to any third party unless Where Pets are Welcome expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted S.O. will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Business Listings subject matter of this IO. All notices to Where Pets are Welcome relating to any legal claims or matters must be made in writing to Where Pets are Welcome, C/O Gecko Social Ltd, 83 Ducie Street, Manchester, M1 2JQ. Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. All terms and conditions of this Agreement will be considered confidential and will not be disclosed (except to both Party's attorneys and accountants on a need-to-know basis) without the prior written consent of the other Party. The Parties acknowledge and agree that Where Pets are Welcome may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter regarding Business Listings. Where Pets are Welcome may amend this Agreement at any time, by giving Customer notification of the amendments in writing or via email. Unless otherwise stated in the notification or unless Customer cancels its Business Listing subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Customer.

Updated: May 25, 2015