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Registered owner

This website is owned and maintained by:
Data Candy Ltd t/a SmartBreeder
Registered in Gibraltar
Company number 115975

Registered office:
13/1 Line Wall Road
Gibraltar
GX11IAA

Conditions of use

Our terms and conditions sets out the conditions of use on which you may this website whether as a guest or a registered user.

By using the website you are accepting these conditions of use and you agree to abide by them. If you do not agree to these conditions of use, please do not use the website.

Registered user

Vet, Breeder, and pet owner

Online access is provided for the purpose of managing the details we hold for you and your pet(s) and is on the condition that you agree to be bound by these Terms and Conditions or any revision thereof, and SmartBreeder/SmartChip/SmartTrace reserves the right to withdraw access at any time without notice if these Terms and Conditions are not adhered to. You must not pass your account login details to any other party.

Industry Professionals

Online access is provided for the purpose of providing data and/or accessing data in order to reunite a lost animal on the SmartBreeder/SmartChip/SmartTrace database. An Industry Professional is an individual or authorised employee of the following organisation types and referred to within these Terms and Conditions as the ‘Industry Professional’.

Authorised Agent organisation types:

  • Veterinary practice
  • Registered welfare/rescue organisation
  • Local authority
  • Police
  • Private/commercial microchip implanter (for the purpose of recording microchip only)

Data

The information is confidential and is the property and copyright of the SmartBreeder/SmartChip/SmartTrace. The data supplied by you must not be used or be made available to any other party other than to authorised agents t i.e. dog warden, vet surgery, police authority. The data is believed to be accurate at the time it is supplied to SmartBreeder/SmartChip/SmartTrace by third parties. SmartBreeder/SmartChip/SmartTrace accepts full responsibility for holding this information under the terms of the Data Protection Acts. The information you provide will be held on the SmartBreeder/SmartChip/SmartTrace database for the life of the animal. You are responsible for the accuracy of all information which you may input.

Access

Access to an online account is only available to the Industry Professional or pet owner that the account is associated to. We will not provide access to your account to anyone other than our internal site administrators and data handlers for purposes of quality assurance and reunification.

Accessing the Website

Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the website, to users who have registered with us.

When using the website, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these conditions of use, and that they comply with them.

Web Browser Policy

This website works best when using one of the following browsers:

  • Google Chrome
  • Mozilla Firefox
  • Apple Safari
  • Internet Explorer
  • Android Browser

Reliance on information posted

All material posted on the website is intended for information purposes only and does not represent legal veterinary or other professional advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in the website without first verifying the information and as necessary obtaining legal and/or other professional advice.

Our liability

SmartBreeder/SmartChip/SmartTrace makes no representations or warranties whatsoever as to the completeness and accuracy of the information contained on the Website. To the extent permitted by law, SmartBreeder/SmartChip/SmartTrace expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. SmartBreeder/SmartChip/SmartTrace expressly disclaims all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from any reliance placed on materials posted on the website by any visitor to the website and by anyone who may be informed of any of their contents, or from the use or inability to use the website, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise.

Direct, indirect or consequential loss and damage shall include but not be limited to loss of profits or contracts, loss of income or revenue, loss of business, loss of goodwill, and wasted expenditure or management time. Nothing in these Conditions of use shall exclude the SmartBreeder/SmartChip/SmartTrace liability for death or personal injury resulting from its negligence, nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Changes to the Website

We aim to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to the website, or close it indefinitely.

Viruses, hacking and other offences

The user agrees that material downloaded or otherwise accessed through the use of the website is obtained entirely at the user's own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data. You must not misuse the website by knowingly introducing any spyware, computer viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the Website.

Linking to the website

We encourage website owners to link to any information on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. Please note we cannot guarantee that the information will always remain in the same place.

Third party

SmartBreeder/SmartChip/SmartTrace does not accept any liability or responsibility for any third party websites that can be accessed through the Website or for any loss or damage that may arise from your use of them. SmartBreeder/SmartChip/SmartTrace does not endorse or approve the contents of any such site and these links are provided for your information only.

Uploading material to the website

Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the website, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to the website will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.

We have the right to remove any material or posting you make on the website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Compliance

SmartBreeder/SmartChip/SmartTrace comply with the following regulations and request that all using our services comply with the relevant regulations also.

  • The Microchipping of Dogs (England) Regulations 2015
  • The Microchipping of Dogs (Scotland) Regulations 2015
  • The Dogs (Licensing and Identification) Regulations (Northern Ireland) 2012
  • Microchipping of Dogs Regulations 2015 (Republic of Ireland)

Look Up a Microchip service

There are currently 7 microchip databases that are compliant with the Compulsory Microchipping Regulations. DEFRA requires as part of the legislation for all compliant microchip databases to provide each other the means to identify which database a microchip is held. When you enter a microchip number into SmartBreeder/SmartChip/SmartTrace Look Up a Microchip service, the number is checked against SmartBreeder/SmartChip/SmartTrace database and an enquiry is also made to the other 6 databases, this may take several seconds in order to be completed. If the number is valid and the microchip can be located, the status of the microchip, plus name and contact details of the database(s) is returned. Please note only the microchip number is checked and no personal data on the owner/keeper or animal is shared. It is possible a microchip number may be known to one or more databases, in this scenario you will need to contact all the listed databases in order to identify which database has the most up to date information.

Should we be unable to contact one or more of the databases at any given time, we will try to determine which database it should be located on by premise of the manufacturer prefix number.

General

We process information about you in accordance with our Privacy Policy. By using the website, you consent to such processing and you warrant that all data provided by you is accurate. If any provision of these Conditions of use or the Notice of copyright (see below) is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. SmartBreeder/SmartChip/SmartTrace omission to exercise any right under these conditions of use or the notice of copyright shall not constitute a waiver of any such right unless expressly accepted by SmartBreeder/SmartChip/SmartTrace in writing. These Conditions of use and the Notice of copyright and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The user and SmartBreeder/SmartChip/SmartTrace agree to submit any dispute (including any non-contractual dispute) arising out of or in connection with the use of the Website to the exclusive jurisdiction of the courts of England, Wales, Scotland, Northern Ireland and the courts of the Republic or Ireland.

We may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.

Notice of Copyright/intellectual property rights

Except where expressly stated to the contrary, all intellectual property rights in the text, graphics, information, motifs, logos, designs and databases contained in this site including the domain names, organisation and layout of the site and the software used in relation to the site are owned by SmartBreeder/SmartChip/SmartTrace or its licensors.

SmartBreeder/SmartChip/SmartTrace owns a portfolio of unregistered trade marks including but not limited to SmartBreeder/SmartChip/SmartTrace. You may not use any trade marks, service marks and/or other trade names belonging to SmartBreeder/SmartChip/SmartTrace from time to time, without SmartBreeder/SmartChip/SmartTrace prior written consent (including without limitation SmartBreeder/SmartChip/SmartTrace trade marks SmartBreeder/SmartChip/SmartTrace, all page headers, custom graphics and button icons on the site) including to imply endorsement by the SmartBreeder/SmartChip/SmartTrace of your website and/or goods and/or services or otherwise without our prior written consent.

All other trade marks referred to on the site are the trade marks of their respective owners and you will require their specific authorisation should you wish to use any of the trade marks. You are welcome to copy excerpts of our information for personal use and purposes of review, discussion, academic study and other legitimate pursuits. You do not need to seek permission for such fair use, although you should acknowledge the source.

However, all information on this site, all motifs, designs and logos are trademarked SmartBreeder/SmartChip/SmartTrace, unless specifically stated otherwise. We will vigorously pursue any violation of our copyright that seeks to exploit our material for commercial gain or to misrepresent our regulatory stance.

You should not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and you do should not use any graphics, illustrations or photographs, separately from any accompanying text.

This permission may be revoked at any time by SmartBreeder/SmartChip/SmartTrace. Material displayed on the site, in whole or in part, may not otherwise be copied, reproduced, republished or incorporated in any other work or publication, whether paper or electronic media or any other form, without SmartBreeder/SmartChip/SmartTrace prior written permission.

You may not reproduce or store any part of this site in any other web site, document management system or electronic retrieval system (via screen-scraping or otherwise) without SmartBreeder/SmartChip/SmartTrace prior written permission.

You must not use any part of the materials on this site for commercial purposes without obtaining a licence to do so from SmartBreeder/SmartChip/SmartTrace.

In particular you must not:

  • use this site and in particular any of SmartBreeder/SmartChip/SmartTrace registers or databases as a source of material or contact data for any kind of marketing activity; or
  • use any information on this site and in particular from any of SmartBreeder/SmartChip/SmartTrace registers or databases to create, update, amend or verify your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists to provide any kind of commercial information service.

If you print off, copy or download any part of this site in breach of SmartBreeder/SmartChip/SmartTrace terms of use, your right to use this site will cease immediately and you must, at SmartBreeder/SmartChip/SmartTrace option, return or destroy any copies of the materials you have made.

SmartBreeder/SmartChip/SmartTrace will vigorously pursue any violation of its intellectual property rights that seeks to exploit its material for commercial gain or to misrepresent its stance. Any rights not expressly granted in this notice are reserved.

Acceptable use policy

This acceptable use policy sets out the terms between you and SmartBreeder/SmartChip/SmartTrace under which you may access the website www.smartbreeder.com / www.smartchip.org.uk / www.smarttrace.org.uk (referred to in this acceptable use policy as the Website).

This acceptable use policy applies to all users of, and visitors to, the Website.

Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the Conditions of Use.

Prohibited uses

  • You may use the Website only for lawful purposes. You may not use the Website:
  • in any way that breaches any applicable local, national or international law or regulation
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect for the purpose of harming or attempting to harm minors in any way
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Conditions of use, or
  • not to access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on the website, including, without limitation:

  • comment spaces and forums
  • public profiles
  • blogs, and
  • any other forms of user-generated content.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used. Information about data gathered during any interactions is covered by our Privacy Policy.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Content standards

These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts)
  • be genuinely held (where they state opinions)
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person
  • contain any material which is obscene, offensive, hateful or inflammatory
  • promote sexually explicit material
  • promote violence
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe any copyright, database right or trade mark of any other person be likely to deceive any person
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • promote any illegal activity
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
  • be likely to harass, upset, embarrass, alarm or annoy any other person
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person
  • give the impression that they emanate from SmartChip / SmartTrace, if this is not the case.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Conditions of use upon which you are permitted to use the website, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the website
  • immediate, temporary or permanent removal of any posting or material uploaded by you to the Website
  • issue of a warning to you
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach further legal action against you, or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the website.

Returns

​SmartBreeder stands behind the quality of everything we sell and ​we and trust you ​are happy with your ​purchases​. Our ​microchipping ​ products are ​manufactured to a high-level and we are proud of the products we supply.​ ​However, if ​for any reason ​you ​a​ ​re unsatisfied with ​any​ products you purchased from ​SmartBreeder you can return your item(s) as follows:

  • Items purchased online can be returned ​to us via post within ​30 days of purchase
  • Items purchased online using PayPal must be returned within ​3​ days of purchase
  • Please send us your original receipt or packaging invoice ​to complete your return. If you do not have this please contact us and we will issue you a duplicate.​
  • Microchips​ must be unused and u​n-opened for hygiene reasons.

Note that items purchased at a 3rd party or re-seller must be returned ​to the 3rd party or re-seller​ and are subject to the 3rd party’s return policy. ​