Terms of Service
“Paw Buddies” Terms of Service
Jennah Investments Pty Ltd ACN 106 646 191 trading as “Paw Buddies” (referred to as “Don’t Fret Pet”, “we”, “us”, or “our” in this document) has set up a booking service known as the “Paw Buddies” Portal to enable Owners to find Pet Service Providers (also referred to as ‘Your’ and ‘You’) for the provision of Pet Services.
By making use of or accessing the Portal, you agree to comply with the following Terms of Service (“Terms”), whether or not You register as a User. These Terms constitute a legally binding contract between You and “Paw Buddies”, under which we agree to maintain the Portal and, in certain circumstances, provide the insurance coverage and You agree to pay the Fee.
YOU ACKNOWLEDGE AND AGREE THAT “DON’T FRET PET!” IS NOT A PARTY TO ANY AGREEMENTS BETWEEN PET SERVICE PROVIDERS AND OWNERS. “DON’T FRET PET!” HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF PET SERVICE PROVIDERS, OWNERS, PETS, OR ANY OTHER USERS OF THE PORTAL OR PET SERVICES. “DON’T FRET PET!” DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.
a. “Account” – a record of information about a person created when this person completes the registration process on the Portal;
b. “Booking” – the engagement of a Pet Service Provider by an Owner via the Portal with respect to the provision of Pet Services, on the terms specified by the relevant Owner and Pet Service Provider in the Portal’s booking process and these Terms;
c. “Booking Fee” – the fee payable by an Owner to “Paw Buddies” upon making a Booking;
d. “Cancellation Fee” means an amount equal to the Service Fee;
e. “Content” – text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials on the Portal;
f. “Emergency Contact” – means the Owner’s emergency contact where the owner cannot be contacted;
g. “Fee” – the amounts charged by “Paw Buddies” and payable to “Paw Buddies” by Users with respect to a Booking, including without limitation the Service Fee and the Booking Fee;
h. “Insurance” and “Insurance Services” – the specific public liability insurance organised by “Paw Buddies” with the aim to protect Pet Service Providers from certain liability that may arise as a result of accommodating and providing Pet Services, subject to limitations and premiums outlined in these Terms and on our insurance page accessed at www.www.pawbuddies.com.au/insurance/;
i. “Job Advertising Fee” – means a fee equal to 5% of the Booking Fee up to a maximum of $25 payable by the Owner for an Owner Listing;
j. “Listing” – the listing by a Pet Service Provider on the Portal of a Pet Service the Pet Service Provider is offering to provide to Owners, subject to the completion of a Booking;
k. “Owner” – a person who completes the ‘Paw Buddies’ Account registration process as a pet owner as set out on the Portal and searches for and/or books Pet Services via the Portal;
l. “Owner Listing” – the listing by an Owner inviting a Pet Service Provider to provide the Pet Services, subject to the completion of a Booking;
m. “Our Services” – the services, information and resources provided by “Paw Buddies” through the Portal;
n. “Payment Gateway” – the application provided on the Portal pursuant to which Owners can make payments for Pet Services, including the Pet Service Provider Fee, the Booking Fee and Service Fee;
o. “Payment Gateway Provider” means a third party engaged by “Paw Buddies” for the purpose of operating the Payment Gateway or other payment system on the Portal
p. “Pet” – the pet with respect to which the Owner is seeking and or books Pet Services;
q. “Pet Services” – services provided by Pet Service Providers to Owners including but not limited to pet boarding, home visiting services, house sitting, dog walking, pet grooming, pet taxi services and pet training for pets pursuant to a Booking;
r. “Pet Service Provider” – a person who registers a “Paw Buddies” Account and creates a Listing or otherwise offers to provide Pet Services via the Portal;
s. “Pet Service Provider Fee” – the component of the Booking Fee payable to the Pet Service Provider for the provision of Pet Services pursuant to the relevant Booking;
t. “Portal” – a suite of software applications and websites that enables Owners to search for and book Pet Services offered by Pet Service Providers.
u. “Service Fee” – the fee payable by a Pet Service Provider to “Paw Buddies”, with such amount to be deducted from the Booking Fee payable by the Owner pursuant to the relevant Booking;
v. “Subscription Fee” means a monthly fee stated on the registration page of the Portal payable by a Pet Service Provider for access to and use of the Portal;
w. “Stay” – the number of days, nights and/or sessions during which a Pet Service Provider provides Pet Services and otherwise looks after a Pet at the location specified in the Booking;
x. “Third Party Providers” – Don’t Fret Pet’ third party agents, contractors, distributors or any User (including providers of medical or other services in respect of a Pet);
y. “User” – a person who creates an Account or otherwise uses the Portal or Our Services;
z. “Withholding Period” – the period of 72 hours following the date specified in the relevant Booking for the completion of the Pet Services pursuant to that Booking;
aa. “You” – a person who accesses or uses the Portal, whether or not as a User, Pet Service Provider, Owner or Provider.
2. Disclaimer and Liability
You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way.
3. Changes to Terms
“Paw Buddies” reserves the right to change these Terms at any time. The User is advised to check the Portal regularly for updates to the Terms. Where possible we will attempt to notify a proposed change to the Terms by electronic means.
4. Compliance with Laws
When using the Portal or Our Services, and providing or using Pet Services, You must comply with all applicable laws.
Each user is solely responsible for obtaining all permits, licences and other permissions required to offer or provide any pet services. “Paw Buddies” assumes no responsibility for a user’s failure to obtain such permits, licences or permissions or otherwise comply with any applicable laws, rules or regulations.
You acknowledge and agree that nothing in these Terms or Your use of the Portal, Our Services or the Pet Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between “Paw Buddies” and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of “Paw Buddies”.
“Paw Buddies” is not an employment service and does not serve as an employer of any User.
6. Age limits
The Portal is intended solely for persons who are 18 years of age or older. By accessing or using the Portal You represent and warrant that You are 18 or older. We only allow minors on the Portal if they have written consent from a parent or guardian who has also provided photographic identification.
7. The Portal Use
The Portal can be used to book Pet Services provided by Pet Service Providers. These Pet Services are shown on the Listings on the Portal. Users may be required to provide personal information, including without limitation about their homes and their Pet(s), and may need to nominate a bank or PayPal Account. The Portal will regulate how prices are set for each Booking.
An Owner may create an Owner Listing by paying the Job Advertising Fee in addition to searching Listings.
Each Pet Service Provider must provide the Pet Services in accordance with the relevant Booking, and each Owner must pay the Booking Fee pursuant to that Booking via the Payment Gateway.
“Paw Buddies” plays no role in the agreements between Owners and Pet Service Providers with regards to the provision of Pet Services. Owners and Pet Service Providers are solely responsible for such agreements.
The Owner is obliged to pay the Pet Service Provider Fee to the Pet Service Provider applicable to a completed Booking using the Payment Gateway at the time both the Owner and the Pet Service Provider have agreed on the Booking made through the Portal. The Pet Service Provider Fee paid by the relevant Owner will be retained by “Paw Buddies” until the completion date of the relevant Booking in accordance with these Terms. Subject to the Withholding Period, “Paw Buddies” will transfer the relevant Pet Service Provider Fee, to the Pet Service Provider’s nominated bank or PayPal account.
Each Pet Service Provider acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, an Owner may be legally entitled to a refund or other remedy with respect to the Pet Services under any applicable law. To the maximum extent allowed at law, each Pet Service Provider indemnifies “Paw Buddies” with respect to any and all costs or expenses incurred by “Paw Buddies” with respect to such a claim made by an Owner with respect to Pet Services performed by that Pet Service Provider, whether before or after the Withholding Period applicable to the relevant Booking.
8. Registration and Fees
Registration on the Portal is free for Owners. Pet Service Providers are required to pay the Subscription Fee for the use of the Portal.
To register an Account, Users must complete the registration process in the manner described on the Portal.
In exchange for Our Services, Users must pay the Service Fee, the Booking Fee and the Job Advertising Fee (as is applicable) with respect to Bookings or Owner Listings made through the Portal.
The Service Fee
If You are a Pet Service Provider, You must pay “Paw Buddies” the Service Fee with respect to each Booking made with Owners. The Service Fee covers the costs of payment processing, Public Liability Insurance, Portal maintenance, donations to the World Wildlife Fund, marketing, customer support provided by “Paw Buddies” and also assists in funding safety measures including thorough vetting of Pet Service Providers.
The Service Fee is a fixed percentage of the Booking Fee (including GST) specified in the relevant Booking or such other amount specified on our Portal from time to time. The Service Fee is deducted from the Booking Fee which is payable by the Owner for the Booking.
An Owner must pay the Booking Fee applicable to each Booking, which will be the amount specified on our Portal during the Booking process.
An Owner may also be required to pay a Job Advertising Fee for Owner Listings which result in an actual Booking.
‘Don’t Fret Pet’ reserves the right to adjust or increase any fee payable for the use of the Portal.
9. Credit Card
You may make any payments for using Our Services or Pet Services with a credit or debit card or an online payment account.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Our Services or Pet Services to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Our Services and the Portal.
By submitting credit card details to “Paw Buddies” to use Our Services and the Portal, Users agree that:
- “Paw Buddies” may disclose those details to the Payment Gateway Provider;
- Where applicable, those credit card details may be retained by Payment Gateway Provider(s) in accordance with their policy that was effective at the time of the payment;
- Payment Gateway Provider(s) are authorised to charge the User’s credit card, without further notice to the User, for amounts due with respect to amounts payable by the User under these Terms, including the Service Fee, the Booking Fee, the Job Advertising Fee and the Pet Service Provider Fee, and any other amounts due by an Owner to a Pet Service Provider, to “Paw Buddies”, or to Third Party Providers with regards to Medical Issues (see below); and
- The User will pay, on demand, any costs or expenses that “Paw Buddies” incurs and that are related to the credit card (such as merchant dishonour, interest and overdrawing fees), medical expenses, council fines, pound charges or any additional charges related to other bookings.
10. Cancellation and Refunds
Cancellations & Refunds before the start of the Booking
a. Owners – if You are an Owner, this section applies to You:
If an Owner cancels a Booking after paying the Booking Fee but before the Pet Services have been performed, the Owner is entitled to a refund of the Booking Fee less the Cancellation Fee in accordance with the cancellation policy (as set out in the terms of the Booking and available on the Portal).
Any Job Advertising Fee paid by an Owner is non-refundable, except where the relevant Booking is cancelled by the Pet Service Provider. If a Pet Service Provider cancels a Booking, the relevant Owner is entitled to a full refund of any Booking Fee and any Job Advertising Fee paid by the Owner with respect to that Booking.
A Booking is officially cancelled when the Owner or Pet Service Provider clicks the Cancel Booking or Cancel Job button on the relevant booking as contained on the Portal. In order to apply for a refund in accordance with these terms, the Pet Owner must also immediately notify “Paw Buddies” in writing at firstname.lastname@example.org.
Once the cancellation has been processed, “Paw Buddies” will notify both parties and will deposit the relevant refund into the Owner’s nominated account.
b. Pet Service Providers – if You are a Pet Service Provider, this section applies to You:
In order to cancel a Booking, the Pet Service Provider must notify “Paw Buddies” in writing at email@example.com. The Pet Service Provider is required to immediately inform both the relevant Owner and “Paw Buddies” about the cancellation of the Booking in writing.
“Paw Buddies” will review each Pet Service Provider cancellation on a case-by-case basis and “Paw Buddies” reserves the right to suspend or terminate the Pet Service Providers Account and/or access to the Portal in the absolute discretion of “Paw Buddies” particularly if the events resulting in the cancellation are deemed unreasonable by us.
Cancellations & Refunds after the start of the Booking
In certain circumstances, and without limiting anything else in these Terms, “Paw Buddies” may determine to refund an Owner for all or part of the Booking Fees paid if that Owner is dissatisfied with the Booking or the Pet Services.
To be eligible for a refund, Owners must notify “Paw Buddies” in writing at firstname.lastname@example.org of any complaints regarding a Booking within the Withholding Period. Such notice must clearly specify the details and reasons for the Owner’s complaint.
If “Paw Buddies” determines that an Owner’s complaint has merit and the Pet Service Provider agrees to a refund, the Pet Service Provider agrees to pay to us the Pet Service Provider Fee which will then be deposited into the Owner’s nominated account.
“Paw Buddies” understands that there are certain circumstances where a Pet Service Provider may not be able to complete performance of Pet Services with respect to a Booking. “Paw Buddies” reserves the right to terminate or suspend the Pet Service Provider’s Accounts and/or access to the Portal in our absolute discretion if we determine that any cancellation or failure to perform the Pet Services under a Booking is unsatisfactory.
“Paw Buddies” reserves the right to remove an Owner’s Pet from the location at which the Pet Services are performed if we determine it is necessary for the safety of the Pet, the Pet Service Provider, or any other persons, however “Paw Buddies” is under no obligation to do so. In the event We choose to relocate a Pet, “Paw Buddies” shall make reasonable efforts during “Paw Buddies” normal business hours to contact the relevant Owner and/or the Owner’s Emergency Contact to arrange alternative care. Should “Paw Buddies” not be able to contact the Owner or the Owner’s Emergency Contact, “Paw Buddies” will endeavour to find adequate care until the Owner is able to retrieve the Pet. The Owner is responsible for and indemnifies “Paw Buddies” for any charges, costs, expenses or liabilities incurred by “Paw Buddies” as a result of taking any of the actions referred to in this paragraph.
11. Failure to retrieve Pet(s)
The Owner agrees that “Paw Buddies” may, in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities if the Owner fails to retrieve its Pet. Each Owner agrees that they are solely responsible for and indemnify “Paw Buddies” for all costs, expenses and liabilities that “Paw Buddies” may incur arising directly or indirectly from the Owner failing to retrieve the relevant Pets with respect to any Booking of the Owner.
In consideration of each User engaging our Services:
a. the Pet Service Provider must not provide any Pet Services or similar services to any Owner introduced via the Portal; and
b. the Owner must not solicit any Pet Services or similar services from that Pet Service Provider,
except through the ongoing use of Our Services and the Portal. You acknowledge that any breach by You of this section would cause harm and damage to “Paw Buddies”, and in the event of breach “Paw Buddies” reserves the right to suspend or terminate Your access to the Portal and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.
In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Pet Service Provider pursuant to a Booking, then the Pet Service Provider must immediately notify the Owner. If contact has been made with the Owner then the Pet Service Provider must follow the directions of the Owner for the care of the Pet.
The Owner authorises the Pet Service Provider that in the case of an emergency the Pet Service Provider, acting in good faith, may obtain urgent veterinary care for the Pet. The Pet Service Provider will use all reasonable endeavours to first contact the Owner and the Emergency Contact. In these circumstances the care must be administered by a suitably qualified veterinarian or medical practitioner. The Owner’s authority extends to any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.
In the event that “Paw Buddies” and/or a Pet Service Provider obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Owner must:
- indemnify the Pet Service Provider for any and all reasonable costs, expenses and liabilities incurred by the Pet Service Provider in connection with the relevant veterinary care or medical assistance;
- indemnify “Paw Buddies” from and against any cost, expense or liability incurred by “Paw Buddies” in connection with the relevant veterinary care or the medical assistance; and
- release and hold harmless “Paw Buddies” from and against any liability that may arise as a result of the Pet Service Provider failing to seek veterinary care or medical assistance in respect of a Pet.
Each Owner agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Owner’s Pet under a Booking may be charged directly to the Owner’s credit card or PayPal account.
“Paw Buddies” provides Insurance for bookings that are made and paid through the Portal. Public liability covers You for your liability to pay compensation to a third party for damage to property or personal injury as a result of the Pet Service Provider’s negligence whilst the Pet is under the Pet Service Provider’s care. Certain injuries or accidents that occur to the Pet during the booking are also covered by this insurance.
“Paw Buddies” recommends that Users obtain appropriate insurance for their Pet Services. “Paw Buddies” Insurance is secondary to any other relevant insurance the User may have.
The terms of this clause 14 are subject at all times to the terms of the “Paw Buddies” Insurance Policy (insurance policy). This policy can be accessed at the following location: www.www.pawbuddies.com.au/insurance. In the event of any inconsistency between these terms and the insurance policy, the insurance policy will prevail. Each user warrants that they have read and are aware of the insurance policy.
All Claims by the Pet Service Provider are subject to a $350 excess payable by the Pet Service Provider. The Pet Service Provider is responsible for, and irrevocably indemnifies “Paw Buddies” against, any costs, expenses and liabilities incurred by “Paw Buddies” in relation to any claim under the Insurance Services in connection with that Pet Service Provider’s Booking.
If You believe that any incident is covered under the Insurance Services, You must provide “Paw Buddies” with written notice of the incident, along with all material documentation available to You no later than seven (7) days after the occurrence of the incident under the relevant Booking. We can request any further information relating to the incident.
“Paw Buddies” will in good faith decide whether or not the User has complied with these Terms in determining whether the User may be eligible under the Insurance Services.
“Paw Buddies” reserves the right to modify or terminate the Insurance Services, at any time, in its sole discretion, and without prior notice.
The Insurance Services do not cover any property damage caused by a Pet or by a Pet Service Provider to a Pet Service Provider or Owner’s property or any other person’s property living in the same household as the Pet Service Provider, nor does it cover any damage to a User’s property directly or indirectly caused by the Pet Services. You hereby indemnify, release and hold harmless “Paw Buddies” with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Services, including with respect to any damage of property.
15. Fair Conduct and Use of the Portal
Users must only use the Portal and the Pet Services in good faith and with respect for each other User. “Paw Buddies” reserves the right to review, suspend or terminate Your Account or Your access to the Portal if we determine that You have breached or threaten to breach any of these Terms.
16. Links to Third Party Sites
The Portal may have references or contain links to sites controlled by parties other than “Paw Buddies”. “Paw Buddies” provides these links in good faith merely as information for its Users. “Paw Buddies” is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites.
17. Termination and Account Cancellation
“Paw Buddies” reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Portal and Our Services at any time without prior notice if you fail to comply with the Terms.
18. Intellectual Property Rights
We and our licensors (as applicable) own all intellectual property in “Paw Buddies” and the Portal, including any updates, enhancements and new features we may provide.
You must not modify, copy or distribute the Portal content in any way except as expressly provided for on the Portal or expressly authorised in writing by “Paw Buddies”. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Portal or expressly authorised by “Paw Buddies”. You may use the Content of the Portal only for the purpose of using Our Services and for no other purpose. The content of the Portal is protected by Australian copyright and trade mark laws.
“Paw Buddies” discloses that the intellectual property is subject to use by the “Paw Buddies” Franchising System and some areas within the System are exclusively licensed to individual franchisees. You will not do anything which prejudices the rights of those franchisees.
19. Information and Confidentiality
If you would like to know more about how we use, store or handle your personal information, please contact us.