TERMS AND CONDITIONS
Last Updated: 16/10/2018
Petbuds Ltd (company number 11584356) trading as Petbuds.co.uk (“the website”) gives an online platform covering web and mobile devices, this connects pet owners with carers who wish to provide pet related services such as boarding pets in their home, or dog walking. By using this site, you agree and are legally bound by these Terms and Conditions (“Terms”), whether or not you become a registered user of the Services.
The Site includes a web-based platform through which Pet carers (Defined below) may create listings for services they offer, and Pet owners may learn about and book such services from the pet carers. You acknowledge and agree that Petbuds is not a party to any agreements entered into between Pet carers and Pet owners - Pet owner’s contract for services directly with pet carers; nor is Petbuds a Broker, Agent or Insurer. Petbuds has no control over the conduct of Pet owners, pet carers, pets or any other users of the site and disclaims all liability in this regard.
How the Website works
The Site can be used to accommodate a listing and booking of carer services. Such carer services are included in their carer Profiles. You may visit the Site to view pet carer profiles whilst unregistered but for you to book or contact a pet carer, you must register and create an account.
Petbuds creates an available platform or marketplace - By providing the technology for Pet owners and pet carers to connect online and arrange for the booking and payment of Pet carer services. Petbuds does not provide any pet related services. Petbuds responsibilities relate and are limited to: (i) maintaining the availability of the Site and (ii) serving as a limited agent for each pet carer for purpose of accepting payments from Pet owners on behalf of the pet carer.
Please be aware that Petbuds does not and cannot control the content within any Pet carer profiles or the delivery, quality, condition, legality or suitability of any Pet carer services. Petbuds disclaims and is not responsible for any liability related to any and all pet carer profiles and pet carer services. Therefore, any bookings of Pet carer services are made at the Pet owner’s own risk.
To become a registered Pet carer or Pet owner, it will be compulsory to register with the Site. You agree upon registration, to provide and keep true current, accurate and complete information about yourself as encouraged by the Site. In the case, your registration data is inaccurate or incomplete, we may close your account effect of immediately. We reserve the right to reject a registration request if we determine at our sole discretion that the applicant is not an appropriate pet carer. We have no obligation to release information that relates to our decision to reject an application.
Petbuds, through the network of Pet carers, arranges for the provision of the Pet carer services to Pet owners. As a Pet carer, you can set the pricing of your quotes and the terms for your service within the limits permitted by the Site. Petbuds charges a Service Fee of 15% to the Pet carer to cover costs that include, but are not restricted to: processing payments, All administration and marketing. As a Pet carer, you contractually agree that the first and all future bookings made with a Pet owner introduced by Petbuds will be booked via the website, mobile app or over the phone to Petbuds Head office on number displayed on website . Failure to follow the terms of this policy will lead to suspension from the website and all services. If you book with any pet owner met through Petbuds that was introduced to you by Petbuds you must pay an introduction fee of £250 per client payable to Petbuds. This is regardless weather your status is of a live user of the Site.
As a pet owner, you may book Pet carer services through the website. Petbuds reserves the right to charge a Booking Fee (determined at our sole discretion) this will be presented to you during the booking process if relevant.
Petbuds will validate your bank card during the submission process of your booking and will store the Credit card details securely in accordance with PCI DSS compliance rules. The pet carer will be given 3 business days to respond to the booking request or the booking may be automatically cancelled. When the pet carer accepts the booking request, the full amount of the booking will be charged to the Pet Owner’s card immediately. Petbuds reserves the right to cancel any bookings for which the payment is not visible in the account within 4 days of the booking and will inform the Pet carer.
Each Pet carer assigns Petbuds as their sole limited agent solely for collecting payments made by Pet Owners on behalf of the Pet carer. Each pet carer agrees that payment made by a Pet owner shall be considered the same as a payment made directly to said Pet carer.
Pet owners should ensure that the pet carer is provided with correct contact information to reach them in the event of an emergency or medical situation occurs involving their pet. The pet carer should make reasonable efforts to contact the Pet owner and notify them of the situation and contact Petbuds on enter number here. Petbuds will make reasonable efforts to notify the Pet owner of the situation during normal business hours.
If the Pet owner cannot be reached following reasonable efforts - the Pet owner authorises the pet carer and Petbuds to authorise care on their behalf in order to promptly treat the pet. If the insurance policy is valid for this booking, the costs may be covered but limited to the details of the insurance policy.
Petbuds reserves the right to remove a Pet owner’s pet from a Pet carers home should we deem it necessary for the safety of the Pet carer, any persons living with them or the Pet carers pets. Petbuds will make reasonable efforts during business hours to contact the Pet owner and aid in finding alternative care. Petbuds will use its best judgement to find adequate care until the Pet owner is able to collect their pet.
Home dog boarding is not suitable for all dogs – be aware that it is your sole responsibility as the Pet owner to determine if home dog boarding is best for your dog and to select the pet carer carefully. Petbuds makes no representations or guarantees regarding the quality or positive features of a Pet carer. Petbuds is not party to any agreement or transaction between Pet owner and Pet carer and therefore, cannot verify or validate any claims made by a Pet carer. It is important you share all relevant information about your pet, including prior medical conditions when engaging and booking with a Pet carer. You also acknowledge and agree that the entire risk arising out of your use of the website is yours and Petbuds cannot be held liable. It is the sole responsibility of the pet owner to make a decision in their best interests.
Payment processing services for Pet owners and Pet carers on Petbuds are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By accepting these terms or continuing to use the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Petbuds enabling payment processing services through Stripe, you agree to provide Petbuds accurate and complete information about you and your business, and you authorize Petbuds to share it and transaction information related to your use of the payment processing services provided by Stripe.
Cancellation and Refunds
As a Pet owner, you should discuss the cancellation with the Pet carer you intend to book with. Funds are held by Petbuds until the end date of the stay. If the dates are shorter than expected, the booking amount will be adjusted pro-rata (less fees) and outstanding balances paid to Pet owner and/or pet carer.
As a Pet carer, you may create a Pet carer profile where you may list, but not limited to, your place and pets (if relevant), the type and availability of care services you provide, pricing and related rules and financial terms. These profiles will be publicly available via the website. Pet owners will be able to book your services via the website based upon the information provided in your Pet carer Profile and other information you may have directly communicated with the Pet owner. You understand and agree that once a Pet Owner books your services, the price for such Services may not be altered unless you inform the change in price to Petbuds and the full booking value has gone through the website. Petbuds reserves the right at any time and without prior notice, to remove or disable access to any Pet carer profile for any reason, in violation of these Terms and Conditions or otherwise harmful to the Site.
Every user offering pet care services must ensure that they comply with the local regulations. Each council operated different rules and regulations and it is important you research local laws to determine whether you are required to apply for a Licence. Petbuds is NOT liable for Pet carers having applied for any relevant Licences.
As a Pet carer you must ensure:
Each Pet carer is solely responsible for obtaining all permits, licences and other permissions required to offer or provide any dog boarding services or other services. Petbuds holds no responsibility for a Pet carer failure to obtain such permits, licences or permissions.
As a pet carer, you also acknowledge and agree that Petbuds nor a Pet Owner that has made a booking with you have any responsibility to compensate or cover you for any property damage caused by a hosted pet, and you hereby agree not to seek any such reimbursement or other damages from Petbuds or the Pet owner.
Petbuds is not an employment service and does not serve as an employer of any user signing up to the Site. It is the pet carer responsibility to disclose any income made through bookings on the site and Petbuds will not be liable for any tax or withholding, including but not limited to unemployment PAYE, NIC, insurance, employer’s liability, social security in connection with your use of the Site. You understand and agree that if Petbuds is found to be liable for any tax in connection with your use of the Site, then you will immediately reimburse and pay to Petbuds an equivalent amount including any penalties and interest incurred.
Use of the Site
Petbuds reserves the right, at its sole discretion, to terminate a user’s access to the website due to any act that would establish a violation of the Terms. It is your obligation to comply with all applicable state, federal and international laws. This also applies to all tax laws and regulations that apply to your use of the website. You are responsible to maintain the confidentiality of your account information and password and for limiting access to such information.
Limitation of Liability and Release
By agreeing to serve as a Pet carer of services to a Pet owner, you specifically assume the risk of any damages including property damages or personal injury, which you or anyone else present in your residence. We always encourage a Meet and Greet takes place where all pets, including resident pets in the home of the pet carer meet, before providing and agreeing the booking of services to alleviate as many risks as possible.
Should you agree to serve as a Pet carer, you agree and acknowledge the following:
Whether you are a Pet owner or a Pet carer, you agree not to hold Petbuds or its affiliates, offices, directors, employees, agents or third party providers liable for any damage, suits, claims and controversies (collectively, “liabilities”) that have occurred or may arise relating to your use of our website and services, including without any limitation any liabilities arising in connection with (a) any instruction, advice, act or service provided by Petbuds or its affiliates, officers, directors, employees, agents or third party providers, (b) any destruction of your information, (c) failure of the pet carer to provide services to the pet owner, (d) any disputes with any users of the website, (e) any injuries or harm suffered by you or any third party, (f) any injuries or harm suffered by other pets, (g) any damage or harm to personal property or belongings, (h) any other conduct, act or lapse of any other party.
You agree that the limitations stated in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that Petbuds has set its prices and entered these Terms in reliance upon the limitations of liability specified here, which allocate the risk between you and Petbuds and form a foundation of the bargain between the parties.
Disclaimer of Warranties
Except where precisely mentioned by Petbuds, the content and services offered on the site are provided "as is," and are for the use as contracted herein. Excluding for the express warranties set forth herein, Petbuds and its affiliates, officers, directors, employees, agents, as well as its third party providers, hereby disclaim all express or representations, warranties, guaranties, and conditions with regard to the website, the hosts, the content, and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid.
Petbuds and its third-party providers make no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the website and the goods, services and/or materials associated with the website, or the consequences you may obtain by accessing or using the site and/or the goods, services and/or materials associated therewith. Without limiting the generality of the foregoing, Petbuds and its third party providers do not represent or warrant that (a) the operation or use of the website or services will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you purchase, secure or otherwise obtain through the site will meet your needs; or (c) the services offered via the website available are free of viruses or other harmful components.
You acknowledge that neither Petbuds nor its third-party providers control the transfer of data over communications facilities, including the internet, and that the site and services and/or materials related therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Petbuds is not accountable for any delays, delivery failures, or other damage consequential from such problems, except where expressly provided otherwise. Petbuds expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the website. You use third party providers and affiliated services at your danger and assume all risks related to use of said third party providers and services. Licensing and certification requirements (or the absence thereof) for some or all the services offered by hosts widely vary by county, city, or regional area. Petbuds makes no representations or warranties that any of the hosts or users offering services through the website have complied with any applicable state law, statute, ordinance or regulations.
You shall defend cover, and hold harmless Petbuds and its affiliates, directors, officers, employees, agents, and Third-Party Providers (collectively, the "Indemnified Parties") against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by Insured Parties in connection with a claim by a third party related to you or your use of the Services. The Insured Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. Petbuds and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other obligation for any claim of breach arising from (a) use of the website and/or the goods, services or Content related with the website other than in accordance with these Terms; (b) the combination of the Site and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
Termination and Account Cancellation
Petbuds may, in its own discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our website, and (b) deactivate or cancel your Account or registration or comparable uses of the website.
Our exclusive rights, disclaimer of warranties, indemnities, limitations of liability and various provisions shall survive any such termination. Petbuds may provide notice of termination by regular mail or email. You may cancel your Petbuds Account at any time by sending an email to Petbuds or calling our customer service team Yet, you are personally liable for any orders, listings or pending transactions that you place or charges that you incur prior to your termination/cancellation. Please note that if your Account is cancelled, we do not have any responsibility to delete or return to you any Content you have posted to the Site.
Intellectual Property Rights
All materials provided on the website, including but not limited to, information, documents, products, logos, Content, graphics, sounds, images, compilations, and services are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are Petbuds, its affiliates or respective third-party authors, developers or vendors ("Third Party Providers"). Except as stated here, none of the materials may be modified, republished, copied, printed, reproduced, distributed, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior written permission of Petbuds and/or a Third-Party Provider. Also, you may not "reflect" or "collect" any Content displayed on or otherwise available from the website or on any other server without the prior written permission of Petbuds.
Severability and Miscellaneous
any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
Petbuds reserves the right to change these Terms or policies relating to the website at any time and from time to time, and such changes will be effective upon being posted within. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain necessities of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes.
You may not assign these Terms without the written approval of Petbuds. Any supposed assignment in violation of this section shall be void. Petbuds reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated with Petbuds. In the event of any lawsuit of any controversy or dispute arising out of or in connection with these Terms, its clarification, its presentation, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defence of that controversy or dispute.
All rights not expressly granted within are reserved by Petbuds.
If you have any questions in relation to these Terms and conditions, please contact firstname.lastname@example.org with your query.