Welcome to Barkle.

Terms and Conditions.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and 22 Eleven Ltd, doing business as Barkle (“Barkle”, “we”, “us”, or “our”), located at Basepoint Business Centre Rivermead Drive, Swindon, England, SN5 7EX (we, us), concerning your access to and use of the Barkle app, and other related websites (“App“).

1. Mobile App.
1.1. The Mobile App provides the following services: 
  • building community, 
  • selling merchandise, 
  • facilitating exercise challenges and races, and 
  • providing tools and analytics (“Services”). 

1.2. The Mobile App is intended for users who are at least 7 years old.  If you are under the age of 7, you are not permitted to register for the Services without parental permission.

1.3. Additional policies which also apply to your use of the App include:   
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the App, you consent to such processing, and you warrant that all data provided by you is accurate.

2. Acceptable Use. 
2.1 You may not access or use Barkle for any purpose other than that for which we make our Services available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.  

2.2 As a user of the Services, you agree not to:  
  • Systematically retrieve data or other content from the Services to compile a database or directory without written permission from Barkle.
  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences.  
  • Use the Services to advertise or sell goods and services, circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
  • Engage in unauthorised framing of or linking to the Services.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services, or submit false reports of abuse or misconduct.  
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.  
  • Interfere with, disrupt, or create an undue burden on the Services or the networks and services connected to the Services.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Use the Services or Our Content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Attempt to access any portions of the Services you are restricted from accessing.  
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users. 
  • Delete the copyright or other proprietary rights notice from any of the content.
  • Copy or adapt the Services software, including but not limited to Swift, PHP, HTML, JavaScript, or other code.  
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services, or any material that acts as a passive or active information collection or transmission mechanism.  
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.  
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.  
  • Use the Services in a manner inconsistent with any applicable laws or regulations.  
  • Threaten users with negative feedback or offering services solely to give positive feedback to users.
  • Misrepresent experience, skills, or information about a User.  
  • Advertise products or services not intended by Barkle. 
  • Falsely imply a relationship with us or another company with whom you do not have a relationship.

3. Information you provide to us.
3.1  You represent and warrant that: 
  • all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; 
  • you will maintain the accuracy of such information and promptly update such information as necessary; 
  • you will keep your password confidential and will be responsible for all use of your password and account; 
  • you have the legal capacity and you agree to comply with these Terms and Conditions; and 
  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.  

If you know or suspect that anyone other than you knows your user information (such as a user name) and/or password, you must promptly notify us using Woof! Support.

3.2. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such user name is inappropriate. 

4. Our Content. 
4.1 Unless otherwise indicated, the Services including source code, databases, functionality, software, website/app designs, audio, video, text, photographs, and graphics on the Services (“Our Content”) are owned or licensed to us, and are protected by copyright and trade mark laws.
4.2. Except as expressly provided in these Terms and Conditions, no part of the Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.3. Provided that you are eligible to use the Services, you are granted a limited licence to access and use the Services and Our Content and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.

4.4. You shall not 
(a) try to gain unauthorised access to the Services or any networks, servers or computer systems connected to the Services; and/or 
(b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Services or Our Content, including the modification of the paper or digital copies you may have downloaded. 

4.5. We shall 
(a) prepare the Services and Our Content with reasonable skill and care; and 
(b) use industry standard virus detection software to try to block the uploading of content to the Services that contains viruses.

4.6. The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Services.

4.7. Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that Our Content on our Services is accurate, complete or up to date.

5. Link to third party content.
5.1. The Services may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

5.2. We accept no responsibility for adverts contained within the Services. If you agree to purchase goods and/or services from any third party who advertises in the Services, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

6. App Management.   
6.1. We reserve the right at our sole discretion, to 
(a) monitor the Services for breaches of these Terms and Conditions; 
(b) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; 
(c) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and 
(d) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of our Services.

6.2. We do not guarantee that the Services will be secure or free from bugs or viruses. 

6.3. You are responsible for configuring your information technology, computer programs and platform to access the Services and you should use your own virus protection software.

7. Modifications to and availability of the services.
7.1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    
7.2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. We are not obliged to maintain and support the Services or to supply any corrections, updates, or releases. 
7.3. There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

8. Disclaimer/ Limitation of Liability.   
8.1. The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. 

8.2. We make no warranties or representations about the accuracy or completeness of the Services content and are not liable for any 
(1) errors or omissions in content: 
(2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; 
(3) any interruption or cessation of transmission to or from the Services; and/or 
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

8.3. Our responsibility for loss or damage suffered by you: 

Whether you are a consumer or a business user: 
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Services.  

If you are a Mobile App user: 
  • Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
  • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.    

9. Term and Termination.  
9.1. These Terms and Conditions shall remain in full force and effect while you use the Services or are otherwise a user of the Services, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.
9.2. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

9.3. If we terminate or suspend your account for any reason set out in this Section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. Mobile Application.
10.1. If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to download and install and use the mobile application, from a legitimate marketplace, on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

10.2. For business users only - You will not: 
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions;  
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;  
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;  
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;  
(e) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;  
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;  
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or  
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application. 

11. General.
11.1 Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Mobile App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2. These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

11.4. We may assign any or all of our rights and obligations to others at any time.
11.5. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services.
11.8. For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 

11.9. For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

11.10. Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.11. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us through Woof! Support.

12. Exercise Disclaimer.
I understand that participating in exercise classes referenced on Barkle may involve a risk of injury or even death and that I am voluntarily participating in these sessions and using the challenges, races, tools, and analytics with knowledge of the dangers involved. I hereby agree and expressly assume all and any risks of injury or death.

Children under the age of 18 years old are the responsibility of their parents or guardians and need to be accompanied at all times before, during and after the sessions.
I know of no reason why I should not participate in any of the challenges, races or other activities on Barkle.  I hereby declare myself free of any condition, disease, infirmity or illness that may affect my participation.  I agree where appropriate to seek consent from my doctor should such a condition or complaint arise before continuing.

I agree to abide by all safety precautions whilst taking part on Barkle.  If I choose not to safeguard my own health or wellbeing, I do so voluntarily and accept liability for all resulting injuries or damage.
I hereby waive, release and discharge Barkle from any and all responsibility or liability for injuries or damages resulting from my participation on the App and/or any Barkle challenges, races or other activities.

By agreeing to the terms and conditions, I agree that I have read and understood this accurately and to the best of my knowledge and belief.