Terms of Service
This website and platform, www.tailwise.com is operated by Tailwise Limited, a company registered in England and Wales under number 10242836 with its registered office at 16 Virginia Walk, London SW2 2BX ("Tailwise", "we", "our" or "us"). To contact us you can visit our contact page or email us directly at [email protected]
The following definitions, in addition to those set out herein, apply in these Terms of Service:
- "Breeder" means any dog breeder who registers their details for an Account with the Platform.
- "Collection Date" has the meaning given to it in the Puppy Contract.
- "Cooling-off Period" means the period of 14 days commencing on the Collection Date.
- "Listing" means a litter of dogs listed for sale on the Platform by a Breeder.
- "Owner" means any current dog owner who registers their details for an Account with the Platform.
- "Payment Method" means a financial instrument that you have added to your Account, such as a credit card, debit card, or PayPal account.
- "Payout Method" means a financial instrument that you have added to your Account, such as a PayPal account, direct deposit, or a debit card (where available).
- "Platform" means the website www.tailwise.com and all services made available via such website.
- "Puppy Contract"means the Tailwise puppy contract which governs the sale and purchase of dog(s) made via the Platform (a copy of which can be found here Puppy Contract ).
- "Puppy Information" means the information in respect of a dog which Tailwise requires that a Breeder provide in order to create a Listing.
- "Seeker" refers to any prospective dog owner who registers their details for an Account with the Platform.
- "User" means any person who uses the Platform, including Seekers, Owners and Breeders.
Acceptance of Terms
- These Terms of Service apply to all Users of the Platform, this includes Seekers, Breeders and Owners.
- Your access to, and use of, the Platform is subject to these Terms of Service. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms of Service.
- You must not use the Platform if:
- you do not agree to these Terms of Service;
- you are under the age of 18; or
- you are acting on behalf of a company or agency.
- We reserve the right to update or amend these Terms of Service at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms of Service on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.
- The Terms of Service describe how you can use the Platform and constitutes a legal agreement between us and you, please read it carefully.
- You must act appropriately when using the Platform.
How to use the Platform
- We do not sell dogs. The Platform is a marketplace that, amongst other things, allows registered users to offer, sell and buy dogs.
- Tailwise does not have possession of any dogs listed or sold via the Platform, if you (acting as a Seeker) decide to buy a dog from a Breeder, you will be entering an agreement with that Breeder on the terms of the Puppy Contract. We are not a party to the Puppy Contract and we are not acting as agent in any capacity for any User.
- Tailwise has no control over, and does not guarantee, (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (each as defined below), or (iii) the performance or conduct of any User or third party.
- Tailwise does not endorse any User or Listings. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Tailwise about any User, including of the User's identity or background or whether the User is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to buy or sell a dog, or communicate and interact with other Users, whether online or in person.
- If you choose to use the Platform as a Breeder, your relationship with Tailwise is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Tailwise for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Tailwise.
- The Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Tailwise is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Tailwise of such Third-Party Services.
- As a Breeder:
- Onboarding. Account registration is free. Any person wishing to register as a Breeder on the Platform must have completed a Breeder profile (which will include details of your Payout Method) and the below-mentioned verification process.
- Licenced Breeders/Traders. If you are classified as a "trader" and/or you require a licence under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, you must ensure that you provide all legal notices to meet your legal disclosure obligations and you generally comply with all laws applicable to you and your listings, including where applicable under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002. You represent and warrant that any Listing you post and the purchase of a dog will (i) not breach any agreements you have entered into with any third parties, such as other buyers, or other agreements, and (ii) comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Breeder, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals acting on your behalf or as your agent.
- No Puppy Farming. By using the Platform you (as a Breeder) agree to be bound by our Breeder Code of Ethics.
- Listings. Once registered as a Breeder on the Platform, you may create Listings. You must ensure that all information about you and the Listings (including the Puppy Information) which is held by us and/or uploaded to the Platform is true, complete, not misleading and up to date. Any terms and conditions included in your Listing (in addition to the Puppy Contract), in particular in relation to cancellations, must not conflict with these Terms of Service or the Puppy Contract.
- Images. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality, specifics, and condition of your Listings. Tailwise reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. The placement and ranking of Listings in search results on the Platform may vary and depend on a variety of factors, such as Seekers' search parameters and preferences, Breeder requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, and/or Ratings and Reviews.
- Pricing. You are solely responsible for setting the prices for each of the dogs in your Listings (each a "Listing Price"). You may not request that a Seeker pay a different price for a dog other than the displayed Listing Price.
- Profile Acceptance. By confirming your interest in a Seeker's purchase request received via the Platform, you accept to (i) as soon as reasonably practicable, arrange, via the Platform, a telephone call with the Seeker and (subject to the call occurring and you deciding (at your sole discretion) to proceed) an in-person meeting with the Seeker, and (ii) that you will reserve a dog from the Listing until such time as any arranged in-person meeting occurs.
- Sale. If, after meeting the Seeker, you would like to proceed to sell the relevant dog from the Listing to that Seeker, you agree, acknowledge and accept that a legally binding agreement on the terms set out in the Puppy Contract for the sale and purchase of the relevant dog will come into effect between you and the relevant Seeker upon your written acceptance of the Seeker's purchase request (submitted either by email to Tailwise or via the Platform). Please carefully read the terms of the Puppy Contract before accepting any order.
- Payment of Listing Price. The appointed payment service provider will handle the Seeker's payment of the Listing Price to the Breeder via their Payout Method. In order to receive a payout you must have a valid Payout Method linked to your Account. Tailwise will generally arrange payouts in a two-stage transfer: (i) 50% of the Listing Price within 24 hours of the Collection Date and (ii) the balance of the Listing Price within 24 hours of the expiry of the Cooling-off Period. We may delay or cancel any payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
- Returns. During the Cooling-off Period we strongly recommend that a Seeker should arrange for the acquired dog to see a vet for a first check-up. If, for any reason, the Seeker is not happy with the dog's health, we ask them to immediately contact Tailwise who will liaise with you on the Seeker's behalf to arrange a return.
- As a Seeker:
- Onboarding. Account registration is free. Any person wishing to register as a Seeker on the Platform must have completed a Seeker profile.
- Service Fees. Tailwise charges service fees to Seekers ("Service Fees") in consideration for the use of the Platform. Applicable Service Fees will be displayed to Seekers in connection with Listings and will become immediately payable upon you reserving a dog from a Listing via the Platform. Tailwise reserves the right to change the Service Fees at any time, and we will provide Seekers adequate notice of any fee changes before they become effective. You are responsible for paying any Service Fees that you owe to Tailwise. The applicable Service Fees are due and payable and collected by Tailwise. Except as otherwise provided on the Platform or otherwise at Tailwise's discretion, Service Fees are non-refundable.
- Purchasing a dog from a Listing. You can view available Listings on the Platform and make enquiries by following the relevant process. You may purchase a dog from a Listing by submitting a purchase request with the relevant Breeder via the Platform. Any such purchase request will only be finally accepted by a Breeder after you have completed a phone interview and in-person meeting arranged with the Breeder via the Platform. The Breeder is under no obligation to accept any purchase request. If the Breeder does accept your order a legally binding agreement for the sale and purchase of the relevant dog from the Listing (on the terms of the Puppy Contract) will come into effect and force between you and the Breeder. Please carefully read the terms of the Puppy Contract before placing an order for a dog from a Listing.
- Price. All applicable fees, including the Listing Price and Service Fees (collectively, "Total Fees") will be presented to you via the Platform prior to completing your purchase. You agree to pay the Total Fees for any requested purchase in connection with your Account and in accordance with the Puppy Contract, on or about the Collection Date.
- Payment Method. When you add a Payment Method to your Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information to our third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method, and it is your obligation to keep your Payment Method up-to-date at all times. When you add or use a new Payment Method, our third-party payment processor(s) may verify the Payment Method by authorising a nominal amount. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Account so it can be used for a future transaction.
- Cooling-off Period. During the Cooling-off Period we strongly recommend that you arrange for a visit to a vet in order to carry out a check-up on your purchased dog's health. If for any reason you are not happy with the dog's health, you should immediately contact Tailwise who will liaise with the Breeder on your behalf to arrange a return.
- As a Seeker, you can cancel a confirmed purchase at any time subject to the Listing's cancellation policy. Unless extenuating circumstances exist, any amounts due to the Breeder under the applicable cancellation policy will be remitted to the Breeder.
- If a Breeder cancels a confirmed purchase, the Seeker will receive a full refund of the Total Fees for such purchase and Tailwise may publish an automated review on the Listing cancelled by the Breeder indicating that a transaction was cancelled. In addition, Tailwise may impose a cancellation fee on the Breeder, unless the Breeder has a valid reason for cancelling the transaction or has legitimate concerns about the Seeker's behaviour.
- In certain circumstances, Tailwise may decide, in its sole discretion, that it is necessary to cancel a confirmed purchase and make appropriate refund and payout decisions. This may be, among others, (i) where Tailwise believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Tailwise, other Users, third parties, or dogs, or (ii) for any of the reasons set out in these Terms of Service.
Ratings and Reviews
- Within a certain time frame after completing a transaction, Breeders and Seekers can leave a public review ("Review") and submit a star rating ("Rating") about each other. Any Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion of Tailwise. Ratings and Reviews are not verified by Tailwise for accuracy and may be incorrect or misleading.
- Ratings and Reviews by Breeders and Seekers must be fair, truthful, and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Tailwise's policies. Tailwise reserves the right to remove any Ratings or Reviews for any reason at any time.
- Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another User.
Rights of use and intellectual property
- By using our Platform we do not give you any rights to ownership of the Platform.
- Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the Platform belong to and vest in Tailwise, or are licensed to Tailwise.
- All third party trade names and trademarks are the property of their respective owners and Tailwise makes no warranty or representation in relation to them. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- Tailwise and our logo are registered trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
Restrictions and obligations
- You agree to comply with these Terms of Service and all rules applicable to the use of the Platform.
- You will not:
- hack, modify, reverse engineer or create derivative works of the Platform or any part of it;
- gain unauthorised access to any restricted part of the Platform;
- remove, modify or obscure any copyright, trademark or other proprietary notices on the Platform;
- create software which replicates or mimics the data or functionality in the Platform;
- collect data from the Platform by systematic or automated means;
- use your access to the Platform for the sending of marketing communications;
- use any computer virus or malicious code of any nature in connection with the Platform;
- make any part of the Platform available to a third party who does not agree to these Terms of Service;
- copy or exploit any part of the Platform or the content it contains;
- use the Platform or any part of it unfairly or for any illegal or immoral purpose; or
- attempt to do any of the acts listed above.
- Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these Terms of Service we can suspend or terminate your access to the Platform or take any other action we consider necessary to defend or promote any of our rights or interests.
- As a User of the Platform, you may need to submit personal information and choose an account name ("Username"), a password ("Password") and a valid email address in order to create an account on the Platform ("Account") or otherwise use the Platform. This includes both Breeders and Seekers.
- If so, the Username and Password will be allocated to you if you successfully apply for registration as a Seeker or Breeder. Only we can decide whether applications will be successful. Your Username and Password are personal to you and you may only hold one Account.
- We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Platform under your Account or any other use of your Username and Password.
- Do not share your Password with any other person or allow any other person or organisation to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password, or that your Account has been used by any other person, you must inform us immediately.
- The Platform enables the display of third-party content ("User Content") without review or moderation. The Platform is therefore merely a conduit of User Content.
- The views expressed in any User Content are the views of the individual authors and not those of Tailwise unless we specify otherwise.
- We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
- By using the Platform you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it. However, we may remove any User Content for any reason.
- If you post any User Content to the Platform, or otherwise publish or distribute User Content using the Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual worldwide licence to use that User Content for any purpose.
- Any User Content you post or otherwise publish or distribute using the Platform must:
- not be libellous or maliciously false;
- not be deceptive, offensive, harassing, inappropriate, obscene, indecent, violent, racist or bigoted;
- infringe any rights of another person, including any intellectual property right, the right of confidence or privacy, or any rights under data protection legislation;
- be in compliance with applicable law, regulations or court orders; or
- not be untrue, false, inaccurate or misleading.
- It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. You should, therefore, exercise some degree of caution when reading user content on any website. By using the Platform you accept that you use the Platform at your own risk.
- Tailwise provides and maintains the Platform on an "as is" basis and is liable only to provide its services with reasonable skill and care.
- External Sites have not been verified or reviewed by Tailwise and all use and access of External Sites is made at your own risk. "External Sites" means third party websites and online services to which the Platform links.
- Tailwise gives no warranty in respect of any offers or other information contained on the Platform and excludes all liability for any incorrect or inaccurate information or material the Platform contains.
- Tailwise gives no other warranty in connection with the Platform and to the maximum extent permitted by law, Tailwise excludes liability for:
- the acts or omissions of any User;
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Tailwise has been made aware;
- any interruptions to or delays in updating the Platform;
- the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Platform;
- the availability, quality, content or nature of External Sites;
- any transaction taking place on External Sites;
- any transaction with a third party retailer taking place on the Platform;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Platform; and
- all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect.
- Tailwise does not warrant that the operation of the Platform will be uninterrupted or error-free.
- If Tailwise conducts identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
- Tailwise will not be liable in any amount for failure to perform any obligation under these Terms of Service if that failure is caused by the occurrence of an event beyond its reasonable control.
- Tailwise accepts no liability whatsoever for any transactions between Users that occur outside of the Platform.
- Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
- You agree not to use the Platform in any way which is:
- may give rise to civil or criminal liability for Tailwise; or
- which might call Tailwise into disrepute.
- These Terms of Service are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms of Service will not exclude or limit Tailwise's liability for death or personal injury resulting from its negligence nor any fraudulent acts, representations or misstatements.
IndemnityYou hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms of Service.
- The Puppy Contract applies to all and any sales of dogs made via the Platform.
- Failure to enforce any term does not constitute a waiver of that term.
- If any part of these Terms of Service is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
- No representation or warranty is made as to whether the Platform complies with the laws of any other country other than the United Kingdom.
- These Terms of Service are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
- Tailwise will be entitled to assign and otherwise transfer the agreement covered by these Terms of Service by giving you reasonable notice, which may include notice given via the Platform.
- All questions, comments or enquiries should be directed to Tailwise. Tailwise will try to respond to you within 48 hours.