TERMS OF SERVICE
USE OF THIS WEBSITE
Last Updated on October 31, 2017
The PawsNPlay Pet Care Services website ("Site") is owned and operated Jarryd & Katrina Tuinier ("J & K Tuinier", "Company", "we", "us", and "our"). This Site and the services provided by this Site to you are subject to these terms and conditions of use (these "Terms"). We refer to the services provided by this Site as the "Services".
Please read these Terms carefully before using this Site and the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
You must be at least the age of majority to use the Services.
In these Terms, our customers who have registered and subscribed to use our Services are called "Customers". Registered Contractors & Staff of PawsNPlay Pet Care are called “Staff”. Persons who visit our Company's Site are called "Visitors".
- Changes to these Terms
Our Company has the right, in its sole discretion, to add, remove, modify or otherwise change any part of these Terms in whole or in part, at any time. If we do so, we will notify you by email (sent to the email address you have provided us) or by means of a notice on this Site. Changes or modifications will be effective when notice of such change is emailed to you or posted on this Site. Please check these Terms frequently for updates by checking the date of the "Last Update" at the top of this document. If you do not agree to any of the amended Terms, you must stop using this Site and the Services immediately. Your continued use of this Site and the Services after any such changes are emailed or posted will constitute your acceptance of those changes or modifications.
- Your User ID, Password and Accepting Updates
If you register and subscribe for an account on this Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on this Site; (b) maintain the security and confidentiality of your User ID and password; (c) accept all risks of unauthorized access to the registration forms, registration information, or any other information you provide to us; (e) immediately notify us of any unauthorized use of your registration information, User ID or password.
You have the sole discretion to allow others access to use the customer portal. You are solely responsible to ensure the security and confidentiality of your passwords and you agree to and accept all risks of any unauthorized use or access to the customer portal.
You are responsible for all activities that occur on your account, including the activity of any other account Users and your Customers.
This Site and the Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of this Site and the Services. You agree to receive these updates automatically as part of using this Site and the Services.
- Fees for Services or Products
Please refer to the Agreement at the time of booking services for deposit amounts and fees.
We use PayPal and/or Stripe, third-party intermediaries, to process your fees and to manage credit card processing for payments. Your credit card information will be stored and managed solely by PayPal and/or Stripe. We will not store your credit card information on this Site and will not have access to your credit card information.
Once you register with us and submit your payment information to PayPal or Stripe, you will be charged the agreed fee or advertised price.
You authorize us directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while registering and making payments for the Services or Products through PayPal or Stripe.
We shall be under no obligation to provide the Services or Products if the fee is not paid to us on time. You must ensure that our Company, PayPal and/or Stripe have complete and accurate billing and contact information as required.
- Cancellation of Services
Please refer to our Cancellation Policy in the Online Portal Agreement
- Content Ownership, Copyright,
In these Terms the content available through this Site and the Services, including all information, data, written text, computer softwares, storage management, sharing and linking of media and/or document files, logos, designs, graphics, pictures, audio files, other files, and their selection and arrangement, is called "Content". Content provided by Visitors, Customers or Users, is called "User Content".
For example, Users may enter Customer information on this Site for contact purposes, accounting purposes (e.g. invoices, payments), marketing, and/or scheduling services, which is User Content of that User. Users may also enter their Customers' credit card information if they choose to use the credit card billing feature offered by this Site. The Customers' credit card information entered and provided by the User is User Content of that User. Messages sent by PawsNPlay Pet Care Services to their Users through the customer portal is User Content of the Company. Messages sent by Visitors through this Site is User Content of that Visitor.
User Content is the property of that Visitor, Customer or User. Our Company's only right to that User Content is the limited licenses to it granted in these Terms.
Other than the User Content, the Services, all Content and information available on this Site or used to create and operate the Services is the property of J & K Tuinier or its licensors, and is protected by Australian and international copyright laws, and all rights to the Services, this Site, the Content and all the software are expressly reserved.
The Site name, domain name, service name, company name, logos and other distinctive brand features of the PawsNPlay Pet Care Services website and J & K Tuinier may not be copied, imitated or used without our prior written consent. Other services and company names mentioned on this Site may be the trademarks of their respective owners. Reference to any products, services, company names, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by our Company.
Except as expressly permitted above, any use of any portion of the Content without our prior written consent is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this section is revocable by our Company at any time.
- Content License from You
You retain ownership over your User Content, however we do need the right to use your User Content to the extent necessary to operate this Site and provide our Services. If you choose to use the credit card billing feature of this Site and you enter your credit card information, we need your license to that User Content to use in the operation of the Services.and we need the right to sublicense that User Content to your Customers for that purpose.
By entering, submitting, posting, displaying or distributing to or through this Site and the Services, you give us a non-exclusive, royalty-free, transferable license to use, reproduce, adapt, modify, perform, display, translate, create derivative works from such User Content, publish, distribute, share , transmit, and disclose any User Content. This license is for the sole purpose of enabling us to operate this Site and provide our Services and Products.
We may from time to time use the services of affiliates, subsidiaries and/or third party service providers in the operation of this Site. For example, we may use the services of third-party hosting companies to host the operation of this Site. If you choose to use the credit card billing feature of this Site and you enter your Customers' credit card information, this credit card information will be used and disclosed to Authorize.net for credit card billing purposes. You agree that this license includes a right for us to make such User Content available to affiliates, subsidiaries and/or third party service providers and to use such User Content for the provision of those services in the operation of this Site.
You represent and warrant to J & K Tuinier that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post, collect, use, disclose and distribute that User Content; and (ii) you have all the rights, power and authority necessary to grant the above license.
You are responsible for your User Content. We have no responsibility or liability for your User Content, or for any loss or damage your User Content may cause to you or other people. We are not responsible for the User Content you enter, use, store or post on this Site or the Services. Although we do not have any obligation to monitor your User Content, we have the absolute discretion to remove, screen or edit without notice any User Content posted, entered or stored on this Site, and we may do this at any time and for any reason. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You are solely responsible for maintaining copies of and replacing any User Content you post or store on this Site. If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content for their use of the Services, and also agree that we have no responsibility or liability for their use of such User Content.
If your User Content is intended for the use of other Users (for example, you enter Customer information or other information to be shared with your Customers through the customer portal), you also grant us and our affiliates, subsidiaries and/or third party service providers a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services.
- Proper Use of the Services
You agree that you will not use this Site or Services (i) in a manner that violates any local, state/provincial, national/federal, international law, regulation, or these Terms; or (ii) to engage in any activity that interferes with or disrupts this Site or the Services (or the servers and networks which are connected to this Site or the Services).
You agree not to access (or attempt to access) (i) any of the Services by any means other than through the interface that is provided by this Site and the Services; or (ii) any of the Services through any automated means (including use of scripts or web crawlers).
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, invasive of privacy or publicity rights, inflammatory, inappropriate or objectionable information or content of any kind;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state/provincial, national/federal or international law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about any third party without their consent;
- Personal or private information of any third party, including, without limitation, addresses, phone numbers, email addresses, financial information, and credit card information, unless that third party has expressly consented to such use;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Advertisements, solicitations, political campaigning, or other unsolicited commercial communication or content;
- Virus, trojan horse, worm or other disruptive or harmful software or data; or
- Content that, in the sole discretion of J & K Tuinier, is objectionable or which restricts or inhibits any other person from using or enjoying this Site or the Services, or which may expose our Company, its affiliates, subsidiaries, third party service providers, its Visitors, Customers, or Users to any harm or liability of any type.
We reserve the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of these Terms has occurred or to comply with any local, state/provincial, national/federal or international law, regulation, legal process or government request.
Any use of this Site and the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use this Site and the Services.
- Links and Third Party Materials
Certain links on this Site may take you to other websites. We provide these links only as a convenience. If you use these websites, you will leave this Site and these Terms and policies will no longer govern. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective and security measures to safeguard against viruses and other destructive elements.
Our Company is not responsible for the contents of any such linked page or website. We accept no responsibility for the quality, content, policies, nature or reliability of any linked page or website. We make no representation or warranty regarding, and do not endorse any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that our Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade name, trademark, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade name, trademark, logo or copyright symbol of our Company. Reference to other products, services, or company names on this Site does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
- Reliability and Security
Our Company is committed to protecting your personal information and any data you store. Keeping your information safe, secure and protected is the cornerstone of our business and an integral part of our commitment to our service. We put a great deal of effort into ensuring that our Service operates all the time and that it is a secure environment for your data. We use Secure Sockets Layer ("SSL") Encryption to ensure communication with this Site is secure. Access to this Site is controlled using encrypted passwords. Data is stored on servers behind robust firewalls and is backed up daily to remote locations.
Where Users choose to use the credit card billing feature on this Site and your Customers wish to pay their invoices through this method, Customers' credit card information you have provided, along with payment information is securely transmitted to Authorize.net using SSL security and data encryption.
However, no system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use our Service, you accept these risks and we cannot guarantee (i) your access to our Services will be uninterrupted or error-free; and (ii) that our Services will be free from loss, corruption, viruses, worms, trojan horses and other harmful components, and free from interference, hacking or other security intrusions.
You should be sure to maintain copies on your system of any User Content entered, posted or stored on this Site. This will ensure that all User Content is available to you in the event of any loss or damage.
We may send you communications about our Services, or information for marketing and promotional purposes. For example, we may contact you to discuss your interest in products related to this Site and the Services, service upgrades, promotions and/or events. We may also send business related communications such as confirmations, notices, system or administrative messages. You agree that we may send these communications to you by email, telephone, mail, or by posting on this Site.
If you wish not to receive marketing and promotional communications, you may notify us at any time by contacting us at [email protected], or calling 1300 738 748.
- Disclaimer of Warranties
This Site, the Content, and the Payment/Ordering Services are provided to you on an "as is," "as available" basis without warranties from our Company of any kind, either express or implied. We expressly disclaim all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not represent or warrant that this Site, Content or Services will continue to operate without interruptions, that it will be accurate, complete, reliable and error-free. We do not represent or warrant that this Site, Content or the Services are free of corruption, viruses and other harmful components.
- Limitation of Liability and Indemnity
Your use of this Site, the Content and the online ordering & Payment Services is entirely at your own risk. You agree that our Company, its affiliates, subsidiaries, third party service providers, and their respective directors, officers, employees, agents, sponsors, contractors, advertisers, vendors or other partners, or any of their successors or assigns (collectively, the "Released Parties") will not be responsible or liable for any loss or damages whatsoever, including without limitation indirect, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information, programs or data, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of, or the inability to use this Site, the Content, or the Services, or any linked website of a third party.
The limitations of liability and disclaimers in these Terms apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless J & K Tuinier and the other Released Parties from any claims, proceedings, actions, demands, damages, liabilities, costs, expenses arising out of your use of the Site, the Content and the Services, and the Services by any person to whom you give access to your account, including any claims made by any person that any of your User Content or your Customers' User Content infringes the rights, including the intellectual property rights, of any third party.
- Governing Law and Jurisdiction
This Site and Services are controlled by J & K Tuinier and operated from its offices in Caloundra West, Queensland, Australia. These Terms shall be interpreted, construed and governed by the laws in force in the State of Qld. You and J & K Tuinier agree that all legal disputes, claims or other matters arising from or relating to your use of this Site, the Services or the Content, will be governed by the laws of the State of Qld and the federal laws of Australia applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. We do not represent or warrant that information on this Site and the Services is appropriate or available for use in all countries. You are accessing this Site and the Services on your own initiative and you are responsible for compliance with all local laws of such other jurisdiction. You agree to indemnify J & K Tuinier and the other Released Parties for your failure to comply with any such laws.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise) involving our Company and arising out of or relating to (a) these Terms; (b) this Site, the Services or the Content; (c) the relationships and the rights and obligations of the parties that result from these Terms or this Site, the Services or the Content, will be referred to and determined by a sole arbitrator (to the exclusion of the courts), held in Brisbane, Queensland in English and governed by the laws of the State of Qld. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against J & K Tuinier related to any claim and, where applicable, you also agree to opt out of any class proceedings against J & K Tuinier.
To the extent arbitration is prohibited by applicable law, you agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Brisbane, Qld.
- Termination and Changes to this Site and the Services
We may terminate, change, modify, suspend, or discontinue any aspect of this Site or the Services, including (i) changing the availability of any features at any time without notice or liability; (ii) pre-screening, reviewing, filtering, removing, adding, modifying or otherwise changing any or all the Content from this Site and the Services; (iii) imposing limits on the Services; (iv) terminating any or all the Services (temporarily or permanently) and terminating your license to use the Services, or any portion thereof; and (v) restricting your access to parts or all of the Services without notice or liability for any reason whatsoever. The aforementioned applies to you and to any third party to whom you have granted access to the Services and your User Content through this Site and J & K Tuinier.
These Terms constitute the entire agreement between you and J & K Tuinier regarding your use of this Site, the Content and the ordering & Payment Services, and replaces all prior understandings, communications and agreements, oral or written, regarding your use of them.
If any part of these terms are deemed invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You cannot assign any of your rights or transfer ownership hereunder to any party without our prior written approval and any such attempted assignment will be void and unenforceable. However, we may assign or transfer any or all of its rights hereunder to any party without your consent to (a) an affiliate; (b) another company through a sale of assets by our Company; or (c) a successor by merger.
- Contact and Questions
If you have any questions regarding these Terms or your use of this Site and the Services, please contact us at [email protected], or call 1300 738 748.
PETSITTING/DOG WALKING SERVICES
Upon registration of a New Client on the Online Portal, it is a requirement to read and accept the terms and conditions of using ‘PawsNPlay Pet Care Services’
- Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ will endeavour to offer only sound, safe, and responsible care for the client’s pet(s). However, the client recognizes that Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ is not responsible for any unintentional errors, omissions, or incorrect assertions. The client understands that the recommendation of any other product or service is not a guarantee of the client’s satisfaction with that product or service. Further, the client is and will remain responsible for the actions of their pet at all times and hereby agrees to indemnify and hold harmless Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ of any and all claims of injury, expense, costs, or damages caused by the actions of their dog while under Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ care and under their own care as a result of following any instructions given to the client by Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’. The client will be informed by Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ and understand the inherent risks of owning a pet, including but not limited to the risk of dog bites to self or others. Additionally, Jarryd and Katrina Tuinier & ‘PawsN Play Pet Care Services’ will act with all due respect and caution in the client’s home in their absence and the client hereby agrees to indemnify and hold harmless Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ of any and all claims of damages to my home.
2.Emergencies - Please see section 9
In the event of an emergency, the pet carer shall contact the Owner at the numbers provided to confirm the Owner's choice of action. If the Owner cannot be reached timeously, the carer is authorized to:
2.1. Transport the pet(s) to the listed veterinarian;
2.2. Request on-site treatment from a veterinarian;
2.3. Transport the pet(s) to an emergency clinic if the previous two options are not feasible.
2.4. The client will reimburse Jarryd and Katrina Tuinier & ‘PawsNPlay Pet Care Services’ for any charges related to emergency care.
2.5. Should the client choose not to provide credit card details as per the ‘Veterinary Release’, Katrina & Jarryd Tuinier & PawsNPlay Pet Care Services, shall not be able to administer any form of veterinary care.
- Cancellation Policy
Cancellation by the Owner of scheduled services with less than 24 hrs notice may be charged at the full rate, credited or rescheduled at the discretion of PawsNPlay Pet Care Services.
3.1 ‘If ‘PawsNPlay Pet Care Services’ is unable to access your pet(s) due to problems with doors or keys, the client will be required to pay first day’s fee. If pet(s) is not on the premises for agreed upon time, client will be required to pay first day’s fee.
3.2 Where the carer as sole proprietor needs to cancel a scheduled visit due to unforeseen circumstances, he/she may appoint a substitute carer with the written approval of the Owner
3.3 Should any pet become aggressive or dangerous, the carer may terminate this contract with immediate effect.
3.4 Where a deposit has been paid, this is non-refundable, all other payments made after the deposit will be refunded if more than 48hours notice is provided.
- Grooming Policy
‘PawsNPlay Pet Care Services’ will do their best to keep your pet as clean as possible during and after walks. Client should leave out towels near entranceway that will be used for wet or muddy weather conditions. ‘PawsNPlay Pet Care Services’ will not be responsible for bathing or brushing pets after walks.
The parties agree to indemnify and hold harmless each other as well as respective employees, successors and assigns from any and all claims arising from either party's wilful or negligent conduct.
The carer warrants to keep safe and confidential all keys, remote control entry devices, access codes and personal information of the Owner and to return same to the Owner at the end of the contract period or immediately upon demand.
- Relationship and Responsibilities
7.1. The carer undertakes to perform the agreed-on services in an attentive, reliable and caring manner and the Owner undertakes to provide all necessary information to assist in this performance.
7.2. The carer undertakes to notify the Owner of any occurrence pertaining to the pet(s) which may be relevant to the care and well-being of the pet(s).
7.3. The carer will supply and be equipped with a scooper and waste bags and will duly remove the pet's faeces from all public places.
7.4. The Owner will provide suitable harnesses, collars and leads as approved by the Walker as well as coats or muzzles if required.
7.5. The Walker shall not be obliged to perform any other duties except those specified on the Owner's Information sheet and Pet Information sheet.
7.6 Whole Agreement: This Contract and Owner's Information sheet, Pet Information sheet(s) and the Veterinary Release Form attached constitutes the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Any alteration to this agreement must be in writing and signed by both parties.
- Payment Arrangement
Payment is expected before services are rendered. In the event of additional unforeseen visits or other costs (such as food, supplies, or vet fees), payment is expected within 5 days of the completion of services or a late charge of $20 will be applied monthly. For peak periods, a non-refundable 50% deposit is required on confirmation of booking to secure said booking. For bookings made more than 30days in advance, a 30% non-refundable deposit is required to secure booking.
- ***VETERINARY RELEASE***
During my absence, ‘PawsNPlay Pet Care Services’ will be caring for my pet(s). In the event of an emergency, I authorize you (veterinarian) to administer medical treatment and will be responsible for payment to you (veterinarian).
I give permission to 'PawsNPlay' to transport my pet(s) to the veterinarian advised within my portal and authorize treatment in the event of an emergency or sickness.
If this veterinarian is not available, I authorize ‘PawsNPlay Pet Care Services’ to transport my pet(s) to a veterinarian of choice and authorize treatment. If emergency care is needed after regular office hours, my pet(s) may be taken to the nearest Veterinarian Emergency Hospital.
The charges for any vet visit or treatment will be applied to the client’s account if the veterinarian will do so. The client gives permission to ‘PawsNPlay Pet Care Services’ to approve treatment up to the amount specified in the Online Portal under "VET INFO").
The client agrees to be responsible for all charge including, but not limited to, vet fees, extra visit fees and transportation fees. Immediate payment may be charged to the client’s credit card supplied in the Online Portal.