Terms & Conditions
We are Watson Cockatoos, 1901 W 8th St, Los Angeles, CA 90057,
United States, registered in the United States with number 06696819. We are a wholly owned subsidiary of HästNet Sverige AB.
Site is watsoncockatoos.com and any subdomains and the Watson Cockatoo apps
You are a visitor to our Site
We try to keep all that we do simple but it does have to be subject to some rules and here they are.
PLEASE READ THEM.
They’ve been written to be understood but if you don’t understand anything, contact us and we’ll do our best to explain.
WE HAVE THE RIGHT TO CANCEL YOUR MEMBERSHIP OF THE SITE AT ANY TIME, FOR ANY REASON AND THESE T&CS EXPLAIN THAT RIGHT
BY ENTERING OUR SITE OR CREATING AN ACCOUNT YOU ARE ACCEPTING THESE T&Cs
One other thing we need to say is that we do change these T&Cs from time to time and so you must always visit this page to see what changes we’ve made – we’ll assume that you have each time you contact us.
Here are the formal bits:
Agreement
This page is meant to form the basis of the relationship and agreement between you and us and you agree to be bound by what it says.
Definitions
There are some definitions at the bottom of the page.
Your Promises To Us
You warrant and agree that:
- you have the right to make this Agreement with us and that you are over the age of 18 years
- you will have only one Account with us
- all of the information you give to us when you open an Account is true, accurate and complete and that you are not opening the Account for anyone else
- if you have a username/breeder name on the Site, that name will not be offensive, suggest that you are someone else or that you represent a trade or brand name if you are a private advertiser, suggest that you are a private advertiser if you are a breeder or a company and you agree that we may insist that you change your username if we think it breaks this term
- if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to
- you won’t use robots, spiders, scrapers or similar things on our Site
- you won’t try to get around any things we put on the Site to stop or limit access to parts of it
- you won’t do anything that might cause our Site or System to crash
- you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application
- you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site, its System or the services it offers
- you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own
Intellectual Property
- You don’t have the right to copy or use any of the information or intellectual property on the Site, other than to use the Site, unless we give that right to you.
- Either we or our affiliates own all of the information and intellectual property on the Site.
- We have no means of assessing the ownership of any Content uploaded to the Site by Users and make no warranties that those posting that Content have the right to do so – if you believe that your Intellectual Property Rights have been breached in any way, let us know and we will remove any material which breaches those rights.
- By uploading an Image/s here you thereby grant to Pets4Homes and its licensees a royalty-free, non-exclusive, worldwide right to copy, crop, reproduce, edit, publish, display, distribute or otherwise use the image or video publicly in all languages and all media, whether now known or hereinafter devised, in perpetuity. Pets4Homes may select certain Images that you upload to the site for promotional activities of Pets4Homes business, including but not limited to: use in Pets4Homes own promotional materials either online or in printed form.
- We will have no rights in any Content you store in our System other than the rights contained in these T&Cs and you will indemnify us against all liabilities which arise as a result of your posting any material to the Site.
Your Use Of The Site
You accept that the primary purpose of the Site is to re-home animals and facilitate the sale of accessories and services within the USA and that we do not provide the Site to help you or your business make money.
You agree that if you are advertising pets via the platform, that you have discussed your licensing requirements with your local council animal licensing team and that you have the necessary animal activities license that you require. This information has been entered in your account details and that you have uploaded a copy of your valid license.
Company Account
You warrant and agree:
- that you are legally capable of entering into binding contracts for the company that you represent
- that you will not seek to rehome any animals either as a seller or as a buyer
General Ad Posting Rules
You warrant and agree that you will comply with the following conditions when posting any advert on Pets4Homes:
- Any pet(s) advertised must be owned by you unless specified that they are being sold on behalf of a charity organization. If you are advertising a litter of kittens or puppies, they must be owned or have been bred yourself.
- In order to meet PAAGs minimum standards, we reserve the right to refuse any advert(s) that may compromise them.
- We enforce age restrictions on when pets can be rehomed / collected in line with animal welfare guidance. For dogs, cats, rabbits and ferrets they cannot be separated from their mother before 8 weeks of age, and for Chinchillas at 12 weeks of age. Foals must be at least 6 months old before they leave their mother.
- In the case of advertising a litter, the litter must be advertised together and you are required to upload a photo of the litter together with their mother. This includes dogs, cats, rabbits, ferrets and chinchillas.
- When uploading an advert, it must be posted in the correct category and you must disclose the pet’s full breed for transparency with the buyer. If the pet is a crossbreed, that must be explicitly mentioned in your description and advertised in the mixed breed category.
- All uploaded photos of pets must be of the actual pet you wish to rehome, and not copied / downloaded pictures of other pets from the internet.
- At Pets4Homes, we do not permit adverts that promote or infer that pets are gifts or presents, e.g. for special holidays like Christmas, Easter or Valentine’s day.
- Pets advertised must be located in the USA, and the location stated on your listing is the actual location where the animal is currently and permanently housed.
- We do not allow any pets to be advertised that have been imported in to the UK for the purpose of sale. We also do not allow any pets to be advertised that have been imported in to the UK and are under 6 months old to be sold. However, you may advertise older pets that you have imported legally as your own pet, but now need to rehome. You must state in the advert description, the country of birth/origin of the pet.
- We do not allow pregnant pets or a pet that you think may be pregnant to be advertised. This includes horses.
- It is not permitted to upload any advertisements that seek to swap or exchange any pet.
- We do not allow selective breeding or advertising aimed at promoting extreme conformations or features in pets.
- You have clearly identified all health and welfare issues associated with any pet you wish to re-home.
- We do not permit adverts for pets that offer delivery or courier service. A pet in a litter must be collected at the house where the mother of the litter lives.
- All pets for re-homing must be available for viewing at your home or place of business.
- We do not allow large commercial breeding of pets, regardless of licensing status.
- We do not allow anyone under the age of 18 to advertise a pet for sale, adoption or stud on the website. Also, we do not allow anyone under the age of 18 to use the website to contact an advertiser. If you are advertising a pet via the Watson Cockatoos website, you must ensure anyone adopting or buying your pet is at least 18 years of age.
- We reserve the right to decline any adverts, ban, close or suspend a user’s account if we suspect inappropriate behaviour or unethical breeding, which is not limited to the rules above.
If you break any of the above rules, we may end all or any Adverts you have placed with us and close your Account.
Specific Ad Posting Rules
In addition to the general ad posting rules wou warrant and agree that you will comply with the following conditions when posting any puppy/dog or kitten/cat advert on Pets4Homes:
- There is a prerequisite for dogs to be microchipped from the age of 8 weeks and older.
- All pets advertised must be in the USA. Rescue pets from abroad may be advertised by a registered chairty accounts if the pets are currently in the USA, have all required documentation, and are vaccinated/microchipped following USA standards and law.
- If you are selling a litter you must be able to show all puppies and kittens to any prospective owner with their mother and (if possible) their father.
- If you are rehoming a litter, the litter must be advertised together under one advert.
- We do not accept adverts for bred-in aesthetic pets, and we will remove any advertisement which contains descriptions including words such as ‘Micro’,’ Big-Rope’ ‘Teacup’ (or any variation of), ‘Miniature’ (unless referring to a miniature pedigree breed), ‘Designer’ or any other similar expressions.
- You will not advertise any banned breeds for re-homing. We will not accept advertisements for dogs of the following breeds or cross breeds: Pit Bull Terrier, Japanese Tosa, Dogo Argentino or Fila Brasiliero. From 30 December 2023.
- Only dogs which are family pets may be advertised on Pets4Homes. You may not advertise guard dogs of any nature on the Site or dogs that have been security or protection trained or whose primary role is for hunting or guarding.
- We do not permit the sale of dogs that have cropped ears to be advertised.
- We do not allow ads for artificial insemination or spay/neuter procedures.
- We do not allow co-ownership, rent, or loan agreements for dogs or cats listed outside of the stud category.
- You will not offer any pet for sale, for the purpose of breeding, for example advertising a stud dog for sale or a dog for sale that is in season.
- We do not allow dogs or cats, both female and males, to be advertised for stud/mating if they are under 12 months of age.
- Advertisements containing dogs that are either a double dapple or a double merle are not permitted.
- If the pet you wish to re-home is registered with any governing body, i.e. Kennel Club for dogs or GCCF for cats, you must state this in your advertisement and be able to provide all paperwork to verify that registration if required.
- Any user that currently resides in Scotland breeding three or more litters of kittens in any 12-month period must hold a valid cat breeders license under the government of Scotlands guidelines.
Other Animals Ad Posting Rules
In addition to the general ad posting rules you warrant and agree that you will comply with the following conditions when posting any animal which is not a dog or cat advert on Watson Cockatoos:
- You will not offer live vertebrates for re-homing intending them to be used as food.
- If you are advertising an animal which is listed under Annex A of the CITES regulations for endangered species (such as some tortoises, snakes and birds), you must state in the advert that you have a valid Article 10 certificate.
- We do not accept adverts for any types of primates.
- We do not accept adverts for any wild caught animals or any animals which come under the Dangerous Wild Animals Act.
- We do not allow Anacondas, Burmese Python, Reticulated Python, African Rock Python, Spider Morphs or Enigma Morphs to be advertised.
- All horses advertised must be microchipped and have a passport as part of UK laws.
- In photographs advertising horses, the rider needs to wear a riding hat and appropriate footwear in photographs.
Breeding and Licences
- If you are a breeder and advertising pets for sale and require a dog breeding license from your local council, you need to be registered as a licensed breeder on the site and provide us with a copy of your license. You will also be required to upload your license number and local authority name to your account with us. If we suspect you need to be licensed and have not provided your license details, we reserve the right to decline your adverts, and we may report this to your local authority.
- If two different litters are posted or born in the same 30 day period, we require that a breeding license is uploaded to your account.
- Pet shop license holders are only permitted to advertise puppies or kittens for sale if they hold a valid breeding license and have bred the pets themselves in the USA.
Accounts
If you want to benefit from the Site to its fullest extent and if we ask you to do so, you must create an Account which will contain certain personal details. When you create an Account you promise that:
- All information you submit is complete, accurate and truthful.
- You will keep this information accurate and up-to-date.
- You must clearly state whether you are using the services we offer as a private individual, frequent advertiser/breeder, rescue centre or company.
- You must enter your correct full address before placing an advert, this must include your house number, street address and postcode. We may ask you to verify your home address if we decide it is needed. However, we will not publish your full address on the website.
- You will use only one account to advertise any pets you own or breed. For example you will not create and use multiple accounts under different names and addresses to attempt to hide the actual number of pets you breed or advertise.
- If we receive complaints regarding your account, you must resolve any issues to both the customers and our own satisfaction.
- You will not share your Account with anyone, or advertise pets on your account on behalf of other people.
- You will keep your Account details confidential and secure.
- You will not give your password and login details to anyone else.
- You will log off when you exit the Account – to prevent unauthorised use by others.
Your Account will be closed by us if you break these T&Cs.
Your Account may be closed by us at any time, if we give you notice to that effect by email, to the last email address you used on your account or the one you last used to communicate with us.
If your Account is closed, for any reason, you will not be entitled to any form of compensation for any loss you might suffer as a result, even if you have paid for certain products on our website.
If you do anything which we think might be fraud or otherwise criminal in nature, we have the right to report those actions to the Police and any money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
If we ask you to, you must authenticate your email address and your personal details with us and if you change your address at any other time you must tell us and authenticate it again.
If you have not authenticated your current email address with us and/or if it cannot accept emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we may terminate your Account without notice to you.
If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
Contacting An Advertiser
You acknowledge and agree that we are not able to check the truth or accuracy of any statement made by any person advertising on Watson Cockatoos.
You accept that you have the responsibility to verify all statements made and all documentation offered by any advertiser.
You confirm that you have read the Buying Check List we post on the Site and on every pet advert, particularly the advice we give never to send any money online to an advertiser for a pet or a deposit for a pet unless using Pets4Homes Safe Deposit Scheme. You accept and acknowledge that we do not have any means of verifying the honesty of any advertiser and that if you do send money using another online service, we have no responsibility to you if, and when you lose that money.
You should confirm that the advertiser is a genuine person. You can do this by visiting the pet at the advertisers home, if they make excuses or try to ask for money or a deposit without seeing the pet, or if the advertiser attempts to deliver the pet or meet you at any other location than their own home, then please do not agree to this.
You should always use our secure in-platform messenger system and not accept any invite to use any alternative messenger system, such as whatsapp or email. Our system is secure and allows you to share images. You also warrant to not use offensive wording, spam users or use our messenger system in any automated or commercial way. We reserve the right to filter or block messages that we deem to be suspicious before they reach the counter-party. We also reserve the right to block users based on misuse of our messenger system.
Using Payment Services
Watson Cockatoos sometimes charges a fee for certain services such as uploading adverts, promoting your advert, or transferring payments to other users. Our prices are quoted in Pounds Sterling, and we may change them from time to time. We may choose to change our fees for promotional events or new services temporarily, and these changes become effective when we announce the promotional event or new service.
You are responsible for paying Pets4Homes fees when they are due. If you do not, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services.
Paying for uploading adverts or for promoting adverts
Payments for uploading adverts or for promoting adverts are processed via the electronic payment system Adyen. The trading entity is HästNet Sverige AB, the parent company of Pet Media Ltd which owns the trademark Pets4Homes. Pets4Homes only store necessary information required to make a purchase. Your credit card information is NOT stored by us and is always processed across a secure server, using Adyen the online payment provider.
By agreeing to these terms and conditions, the user automatically agrees to the former conditions as well as Adyen’s Privacy Policy that applies to processing of data collected by Adyen for purpose of processing payments on the Site.
We shall not be liable for the acts or omissions of such third party payment service provider. You shall be solely responsible for the transmission of information connected to your credit or debit card, or Paypal and we hereby exclude all liability to the extent permitted by law.
Note that any payment you have made for any of our services will not be refunded if your account is terminated as a result of breach to these Terms.
Cancellation By Us
We have the absolute right to cancel any Advert which you place on the Site and/or to cancel your Account:
- With immediate effect and without notice if we know or suspect that you have broken any of these terms and conditions; and
- with immediate effect, if we give you notice to that effect by email to you for any reason we, in our absolute discretion, think fit.
You agree that you are not entitled to any compensation should we choose to cancel an advertisement or your Account, whether with or without reason.
Cancellation By You
You agree that, for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, no “sale” is involved in the services we provide and that you have no right to cancel this Agreement.
Privacy & Cookies
We and you both agree that our Privacy and Cookie Policy forms part of these T&Cs. Read Privacy Policy here
Disclaimers
We can’t promise that the Site will meet your needs, that it will work properly, that it will be fit for a particular purpose and that it will not infringe the rights of others.
We can’t promise that the Site will work with all systems, that it will be secure and that all information provided will be accurate.
Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Unless the advice is given to you as part of a paid for service we offer on the Site, you must take steps to double check that that advice is effective for you.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.
The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
Problems and Complaints
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.
We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
If you wish to raise a complaint about us or any other user, please send full details of that complaint to us using this Contact Page. If we agree that your complaint has merit we will, at our option, contact any other user involved, suspend an Advert which has caused an issue and take such other steps as we deem appropriate to resolve the complaint. We do not operate a formal complaints procedure and will deal with all complaints in the manner which we feel is the most reasonable way forward. You have various rights under these Terms and Conditions and at law and nothing in these Terms and Conditions will have any affect on any of your legal rights.
Availability of the Site
We never guarantee that the Site or the System will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, the way it operates and/or suspend it or stop it at any time.
Limitation of Liability
We have limited resources and cannot guarantee that we will respond to any message you send to us, within a specific timeframe or at all. Whilst we will always do our best to respond to you within 24 hours, we will have no liability if we are unable to do so.
Please bear in mind that we are a platform for the display of pets for re-homing, for accessories and services and have no facilities for and neither do we offer any vetting service of the advertisers. We have no control over any transaction in which you are involved, neither can we verify the truth of any statements made in an Advert. Before you agree to re-home or to supply any animal you agree to take all the precautions needed to make sure that the person with whom you are dealing has been open and honest.
You enter into any transaction with any other user of this Site at your own risk.
We do not accept any liability if you are using the services we supply for commercial purposes.
On behalf of us and anyone who works with or for us (as far as we are allowed by law) we deny liability for any losses of all kinds which you incur from using the services we offer, visiting the Site and using the System.
We will have no liability on the ending of any advertisement you have placed on the Site, if either you or we terminate your Account.
If we are found to be liable for any loss you sustain, you accept and agree that our liability is limited to the direct losses you have sustained and will not include any loss to your goodwill, profit or reputation or any indirect, special or consequential losses of any nature and you agree that the maximum amount you may recover in respect of any direct losses is limited to £100.00. Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
Links to Other Websites
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
If you find any link we offer to be offensive, please let us know and we will consider removing it.
If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
Modifications of These Terms and Conditions & the Site
We’ve already said this, but we need to make it clear that these T&Cs will change from time to time. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.
We’ve also got the right to change the Site as and when we want to, but these T&Cs will still apply to any changes we make.
General Stuff
- Operative Law – this Agreement is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
- Partnership/Joint Ventures – we and you agree that this Agreement does not form the basis of any partnership or co-venture.
- Effect of Agreement – this Agreement supersedes any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
- Time of the Essence – time will not be of the essence in any part of this Agreement.
- Warranties – all parties acknowledge and agree that they have not entered into this agreement with us in reliance on anything said or promised by the other which is not in these T&Cs.
- Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do cancel it for those reasons we will refund to you a fair and reasonable proportion of any payment you have made to us.
- Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.
- Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
- Entire Agreement – these T&Cs contain the entire understanding between us.
Definitions
- Account means collectively the personal/identifying information and credentials used by Users to access the services on the Site.
- Advert means any advertisement placed on the Site.
- Breeder means an individual who breeds privately or licensed breeder following the UK Animal Welfare 2006 legislation, who lawfully breeds animals within the limitation of litters to resell.
- Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
- Licensed means a breeder who holds a license for breeding under statutory guidance and follows all the required standards, which is found in Schedule 6 of the Regulations.
- Pet means a tamed or domesticated animal kept for companionship or pleasure and excludes all wild or exotic animals.
- Refund means when a user requests a return of services in exchange for the paid monetary value.
- System means the storage system or systems we use in connection with the Site.
- T&Cs means the terms and conditions appearing above.
- User means any person, firm or company using the Site for any purpose.