Our Terms and Conditions
You should read these Terms and Conditions carefully before using our Website, as by using our Website and using the Facilitation Services, you are confirming that you accept these Terms and Conditions and that you will comply with them. If you do not accept these Terms and Conditions, you should leave our Website and cease using the Facilitation Services immediately.
We, Bark.com Global Limited (“we”, “us”, “KyHOOT”) make the Facilitation Services available to you via the Website. We are a company registered in England and Wales under company number 10614196, registered address 85 Great Portland Street, London, England, W1W 7LT. Our VAT number is GB175306803.
You can contact us:
By email at firstname.lastname@example.org
By phone at 020 3697 7737
By post at 79 Woodstock Way, Mitcham, England, CR4 1BF
Definitions and Interpretation
In these Terms and Conditions, the following words and expressions have the following meanings:
“Bark” a request from a Customer as referred to in clause 2.2 below;
“the Customer” / “you” businesses and consumers who use the Website to search for a professional who can provide the professional services they require;
“Customer Contract” the contract between the Professional and the Customer for the provision of the Services;
the “Facilitation Services” the provision by Bark, of a Professional’s contact details, as set out in clause 2.4;
“ The Professional” means the person offering their professional services to Customers;
“the Services” the professional services provided by a Professional to a Customer;
“the Website” means www.Bark.com
The Facilitation Services
Customers will be able to search the Website to find potential professionals, and the Website algorithms will help identify professionals who may be able to meet the Customer’s requirements. We call Customer requests “Barks”, and each Bark will result in us putting you in touch with professionals who may be able to fulfill the criteria you have provided.
To use the Facilitation Services, you will be required to accept these Terms and Conditions following the instructions on the Website, and a contract will be formed between you and us for the provision of the Facilitation Services at that point. You will need to enter into a separate contract with any Professionals you wish to instruct to provide you with Services. See below for more information.
When you have submitted your Bark, you will be provided with details of all of the Professionals who may be able to fulfill the criteria that you provided. A maximum of five Professionals will contact you directly and you can opt to contact the Professionals yourself. Where we cannot identify any Professionals who may be able to fulfill the criteria you submitted, you will be notified that this is the case, and given the opportunity to expand your requirements.
You will be entitled to review the information you receive from the Professionals, and may or may not decide to engage a Professional to provide the Services you require. We cannot in any way endorse or confirm that the Professionals identified as a result of the Facilitation Service we offer are able to fulfil your requirements, and it will be your sole responsibility to engage with the Professional to establish whether they can meet your requirements prior to you entering into a Customer Contract. If you do engage a Professional to provide the Services, you will become a customer of the Professional and will enter into a Customer Contract with them. For the avoidance of doubt, the Services are provided to you by the Professional, and not by Bark.com.
Bark.com shall provide a link from the Website to the Professional’s own website (where applicable) , and shall include a facility for Customers to review a Professional’s performance which shall be available on the Website for other prospective customers to see.
Reviews should be honest, based on your own experience, and should not contain racist or sexist content, content which is otherwise offensive, content which condescends certain people or groups, copyrighted material, unlawful content, any personal information, or any information which you know to be inaccurate or false. We reserve the right to remove reviews that do not comply with these guidelines and may ban you from leaving further reviews in the future. Please see our Website Terms and Conditions for further detail.
Bark.com has no influence or control whatsoever on the information contained on the Professional’s website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Professional. You will need to contract directly with the Professional for any Services you require from them.
The Facilitation Services shall be provided to you at no cost.
IMPORTANT: Bark.com acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Professional to a Customer will be subject to an entirely separate legal contract. If there are any issues with the performance of those Services by the Professional, you will have legal rights of redress against the Professional directly, and not against Bark.com.
Ending our contract
You can always end your contract with us, and you can do this by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone, or post using the details listed above.
As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Professional and as such, it is the Professional who is responsible for the provision of the Services to you. Bark.com shall have no liability to you whatsoever in respect of the provision of the Services and / or your dealings with any of the Professionals who are listed on the Website.
Nothing in these Terms and Conditions limits or excludes our liability to you for:
death or personal injury resulting from negligence;
fraud or fraudulent misrepresentation; or
any other matter for which we are not permitted by law to exclude or limit our liability.
We accept no liability for the information contained on any third-party websites linked to on our Website and we won't be liable for any loss or damage that may arise from your use of them.
If you are an individual consumer
Please note that we only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service 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 you are a business customer
We exclude all conditions, warranties, representations, or other terms which may apply to this website or any content on it, whether express or implied.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you.
We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
You need our consent to transfer your rights to someone else.
Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you are an individual consumer
Which laws apply to our contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business customer