Pet Stays Terms of Service Pet Stays ABN 11697589009 (hereafter referred to as Pet Stays, we, us, or our) provides the Pet Stays Platform including a suite of software applications and websites (“Platform”) that enable Pet Owners to find Pet Sitters and Walkers that want to provide housing for Pets and/or other Pet related Services. The Pet Stays Platform was set up to help provide these third parties the offering and booking of their Services.
Pet Stays also provide public liability insurance that protects Pet Sitters from certain liability that may arise when caring for a Pet. For more details, please review: www.petstays.net.au/insurance.
By making use of or accessing the Pet Stays Platform you agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not you register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legal binding contract between You and Pet Stays, under which we agree to maintain the Platform and provide the Insurance Services and You agree to pay the Fee and to respect these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Sitter and must not use the Platform. If you do not respect and agree to the Terms of Service, this may lead to civil or criminal penalties.
The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform You represent and warrant that you are 18 or older. It is expressly forbidden for anyone under 18 years of age to access or use the Platform.
Each User agrees that a binding legal contract is created between each Owner and Sitter when a Service is booked through the Platform. Key Terms of that contract include:
Each Owner agrees to pay such amounts payable in respect to each Sitter’s provided Services; and
Each Sitter agrees to provide the Services, in accordance with the booking, the bookings Terms and these Terms.
1. Key Terms
2. Disclaimer and Liability
3. Modifications to these Terms
4. Compliance with Laws
5. How the Pet Stays Platform Works
6. Our Transaction Fee
7. Credit Card
8. Cancellation Policy and Refunds
9. Medical Issues
10. Fair Conduct and Use of the Platform
12. Links to Third Party Sites
14. Risk Management
15. Donation Pledges
16. Termination and Account Cancellation
17. Intellectual Property Rights
18. Information and Confidentiality
19. User Generated Content
22. Contact Details
1. Key Terms “Account” – a record of information about a person created when this person completes the registration process on the Platform;
“Content” – text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials;
“Fee” – the dollar amount charged by Pet Stays and payable to Pet Stays on each transaction between each Sitter and Owner;
“Insurance” – the specific public liability insurance and errors and omissions insurance organized by Pet Stays with the aim to protect Sitters from certain liability that may arise as a result of accommodating and providing services for pets, subject to limitations and deductibles outlined in these Terms and on our insurance page: www.petstays.com/insurance;
“Listing” – a Service that is listed by a Sitter via the Platform;
“Owner” – a person who completes Pet Stays’ Account registration process and searches for and/or books Services via the Platform;
“Payment Gateway” – the application provided on the Platform that authorizes credit card payments and for receiving payments for bookings made through the Platform;
“Platform” – a suite of software applications and websites that enable Pet Owners to find Pet Sitters that want to provide housing for Pets and/or other Pet related Services. It encompasses both the Site and mobile applications.
“Profile” – that part of the Account that is visible to Users;
“Provider” – either or both Sitters and Owners, as introduced by the context;
“Service” – pet-related Services provided by Sitters;
“Site” – the www.PetStays.net.au Platform, related mobile applications or substitutes; “Sitter” – a person who registers a Pet Stays Account and creates a Listing via the Platform to provide a Service;
“Stay” – the number of days and nights during which a Sitter looks after a Pet, in his/her house or the house of the Owner. “Third Party Providers” – Pet Stays’ third party agents, contractors, distributors, merchants or sponsors or any User (including Providers of medical or other Services in respect of a Pet);
“User” – a person who creates an Account on the Platform;
“User Generated Content” – a specific type of Content, that is submitted or uploaded by a User on the Platform.
“Withholding Period” – the 48 hours commencing after the Sitter has completed the provision of the Services; and
“You” – a person who accesses or uses the Platform, whether or not as a User, Sitter, Owner or Provider.
“Witholding Period” – 48 hours commencing after the Sitter has completed the provision of the Services allowing the Pet Owner to submit any request or complaint for refund before the end of the Withholding Period.
2. Disclaimer and Liability Pet Stays, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any damage or loss that might be suffered by you or any third party caused by the Website or the products/services sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
3. Modifications to these Terms Pet Stays reserves the right to change these Terms without informing You prior. Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting. The Terms for existing orders / cooperation’s shall be upheld by Pet Stays. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms. THE PLATFORM AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SITTERS MAY SET UP LISTINGS FOR SERVICES, AND OWNERS MAY FIND, INITIATE, AND BOOK THESE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PET STAYS IS NOT A PARTY TO ANY AGREEMENTS BETWEEN SITTERS AND OWNERS. PET STAYS HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF SITTERS, OWNERS, PETS, OR ANY OTHER USERS OF THE PLATFORM OR SERVICES. PET STAYS DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITED BY LAW.
4. Compliance with Laws When accessing or using the Platform, and providing or using Services, You must comply with all applicable local, state, national and international laws. You must also comply with all applicable tax laws and regulations that apply to Your activity on the Platform. This includes the payment of tax on any amounts collected for the Services provided. Without limiting the applicable laws referred to in the preceding paragraph, it is Your obligation to comply with any applicable laws relating to the boarding of animals and the keeping of animals at private residences, including the applicable state and federal companion animal legislation and the local council by-laws.
5. How the Pet Stays Platform Works The Platform can be used to book Services provided by the Sitter. These Services are shown on Listings on the Platform. Sitters are required to provide information about their homes, their Pets and need to nominate a bank or PayPal Account. Each Sitter can set the prices for the Services according to the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Services provided by the Platform or set up a Listing for Yourself, You need to register first in order to create an Account. Each Sitter must provide the Services that were booked, and each Owner must pay the Fees for the Services that were performed. Pet Stays connects Pet Owners and Sitters and provides the Payment Gateway and insurance services as set out in these Terms. However, Pet Stays plays no role in the agreements between Pet Owners and Sitters with regards to the provision of Services. Pet Owners and Sitters are solely responsible for such agreements. When a Fee is charged by the Sitter, the Owner is obliged to pay such Fee using the Payment Gateway, at the time each transaction is booked through the Platform. If (a) no issues come up during the Withholding Period, and (b) Pet Stays received the Fee payable to the Sitter, and subject to these Terms; Pet Stays will transfer the Fee to bank account nominated by the Sitter. Payments are made once per week to the bank account nominated by the Sitter. Each Sitter must acknowledge that, although these Terms require each Pet Owner to submit any request or complaint for refund before the end of the Withholding Period, a Pet Owner may be legally entitled to submit a request after the Withholding Period. If we receive such a request after the end of the Withholding period and accept it, the Sitter must pay to Pet Stays such amount as we require to satisfy such request. PLEASE LET IT BE CLEAR THAT PET STAYS CANNOT AND DOES NOT CONTROL ANY LISTINGS OR SERVICES. PET STAYS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES PROVIDED BY SITTERS. IT FOLLOWS THAT EACH PET OWNER WILL BOOK ANY SERVICES PROVIDED BY SITTERS AT HIS OR HER OWN RISK.
6. Our Transaction Fee Registering on the Platform is for free. However, in exchange for the insurance Services, platform maintenance and customer support provided by Pet Stays, we charge a Fee on each transaction booked through the Platform. The Fee is not additional to the price charged by the Sitter, but is deducted from the dollar value payable to the Sitter. At this point in time (see above date of these Terms) the Fee amounts to 20% of the total value (including GST) of the transaction. At this point in time, Pet Stays does not charge a Fee for Services booked outside of the Platform or for bookings where the Sitter does not charge for its Services. Let it be clear however, that the insurance policy does not apply for bookings made outside the Platform, or where there are no Fees charged for the Services provided. Pet Stays reserves the right, at our discretion, to cancel the Profiles of individuals where we find out that payments are made outside of the Platform for free bookings listed on the Platform or for bookings made outside the Platform, where Sitter and Owner met each other on the Platform. As a Sitter You agree by using the Platform that all first and future bookings with clients met on the Pet Stays Platform will be booked via the Platform. As an Owner you also agree by using the Platform and our service that all first and future bookings with Sitters met on the Pet Stays Platform will be booked via the Platform. Any changes to the Fee are effective once these are posted on the Platform. Unless otherwise stated, all Fees are quoted and payable in Australian Dollars. Changes to any Fee are effective after we post them on the Platform. Unless otherwise stated, all Fees are quoted, and must be paid, in Australian Dollars (AU). Each Owner accepts the responsibility to pay the amounts payable, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that Pet Stays accepts.
7. Credit Card By submitting credit card details to the Platform, Users agree that: Those credit card details may be retained by our Payment Gateway Provider in accordance with their policy that was effective at the time of the payment. Our Payment Gateway Provider is authorized to charge the User’s credit card, without further notice to the User, for amounts due with respect to our Fee and any other amounts due by that Owner to the Sitter, to Pet Stays, or to Third Party Providers with regards to Medical Issues (see below). The User will pay, on demand, any costs or expenses that we incur and that are related to the credit card, such as merchant, dishonour, medical expenses, medical expenses, interest and overdrawing Fees.
8. Cancellation Policy and Refunds By accepting a booking, each Pet Owner and Sitter agrees to the following cancellation policy: Once an owner has paid for a booking, after the pet minder have approved it, the pet owner may be charged a cancellation fee if they cancel the booking.This fee will depend on the cancellation policy the pet minder has chosen, and it does not apply if the pet minder, cancels the booking. Once the cancellation is processed, we will deposit the cancellation fee amount into the pet minder’s Pet Stays balance (minus the Pet Stays 15% transaction fee which covers our operational costs to date). We have chosen to simplify our Cancellation Policies into three policy levels to make sure it’s easy to understand. All the policies are set up with a timeframe. During certain timeframes, the customers are entitled to a full refund. After those timeframes they will only get back 50% of what they paid. The timeframes (options) are: Flexible – a full refund up until 12pm, one day before the booking; Moderate – a full refund up until 12pm, 7 days before the booking; Strict – a full refund up until 12pm, 14 days before the booking. In order to cancel a booking and receive a refund, the Pet Owner needs to notify us in writing at email@example.com. In special cases we will try to assist the Pet Owner and/or Sitter to agree on different cancellation Terms. However, we are not obliged to follow such Terms. Should a Pet Owner be dissatisfied with the Services provided by the Sitter, the Pet Owner must notify Pet Stays in writing via firstname.lastname@example.org within 48 hours of the end date of a Stay or provision of Service. In that e-mail the Pet Owner should formally outline the reasons for his/her dissatisfaction. By submitting such e-mail, the Pet Owner agrees that we, at our discretion, can post this feedback. We will review the complaint and if we believe that the complaint has merit, we will discuss the matter with the Sitter and try to reach an agreement around a solution. If the Sitter agrees to a refund, the Sitter agrees to pay to us the amount of the refund. When we receive the funds, we will pay that amount to the Pet Owner on his/her nominated bank Account. Any complaint and request for refund should be submitted before the Withholding Period ends. Under these Terms, we have to transfer all Fees for Services provided by the Sitter to the Sitter after the end of the Withholding period. It follows that we advice a meet and greet to happen, ideally at the location where the Sitter will care for the Pet, before the Service commences. It should be remarked that we expect the Owner and Sitter not to agree to any further bookings after an initial complaint. As such, we will not consider any complaints resulting from further bookings between that particular Sitter and Owner. Each Sitter should understand that their Services may be subject to statutory guarantees under Australian Consumer Law (including such State or Territory version as applicable in any jurisdiction in which such Services are provided). Nothing in these Terms will operate to exclude or limit the operation of those guarantees in any manner contrary to law.
9. Medical Issues The contact information and contact information on the Owner’s Profile is automatically sent to the Sitter before each Stay. Each Sitter acknowledges that he/she should be aware of that information and each Owner understands that the Sitter will rely on that contact information in the case the Owner needs to be contacted or in the case of an emergency. For this reason the Owner accepts to keep this information up to date at all times. In case the Sitter reasonably considers that the Pet needs veterinary care, the Owner agrees that the Sitter will contact the Owner to receive instructions on whether medical assistance should be sought and if so, what kind of medical assistance should be sought and whether the Sitter can contact the veterinary contact provided by the Owner or in the absence of such contact information, a veterinary that the Sitter reasonably believes to be appropriate. The Owner also agrees that the Sitter can take all reasonable actions as recommended by the veterinary. If an Owner and Sitter agree in writing (singed by both parties) on specific emergency procedures, the procedures will take precedence (unless agreed in writing to the contrary between the Sitter and Owner). Subject to the preceding sentence, each Owner agrees that each Sitter can seek medical assistance, as the Sitter, acting in good faith, considers reasonably appropriate, including without contacting the Owner. In the case medical assistance has been sought, each Owner agrees to: Reimburse any reasonable costs incurred by the Sitter in getting medical assistance, subject to any amount agreed in writing (signed by both parties) between the Sitter and the Owner if such agreement exists. Indemnify the Sitter and Pet Stays and/or anyone acting with the authority of the Sitter or Pet Stays, from and against any liability that may arise in relation to the medical assistance Release and hold harmless the Sitter and Pet Stays and/or anyone acting with the authority of the Sitter or Pet Stays, from and against any liability that may arise as a result of failing to seek medical assistance in the case that doing so would be contrary to any agreements that have been made in writing between the Owner and the Sitter. Each Owner authorises the Payment Gateway Provider to charge any such expenses, on our request. The Owner also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts are charged from the nominated bank or PayPal Account from the Owner using any credit card or PayPal details provided by the Owner.
10. Fair Conduct and Use of the Platform We expect all Users of the Platform to use the Platform in good faith and with respect for each other. What follows is a list of things that You should not do. You agree that failing to comply with the instructions of what not to do on this list may result in Your Account or access on or to the Platform being suspended, terminated or cancelled. You should also understand that failure to comply may result in infringement of local, state, national and/or international law, in which case the result may be criminal prosecution and civil liability. Use or access the Platform for commercial purposes Change, or copy any Content on the Platform, for other purposes than updating Your Profile in good faith. Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Platform; Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person, as can be reasonably foreseen by a reasonable person. Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform or to avoid any payments that need to be made related to the Platform in accordance to these Terms. Use the Platform for any purpose that violates state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person. Disguise the origin of information transmitted to, through or from the Platform; Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account. Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm); Distribute viruses or other harmful computer code to or on the Platform; Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below: Flagging a Sitter profile as inappropriate; Direct email with Pet Stays via email@example.com and Direct phone contact with Pet Stays on 0438 937570. Pet Stays will assess and respond to any complaints related to User Generated Content within one business day. Pet Stays reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, Pet Stays reserves the right, in its sole discretion to delete any User-Generated Content that Pet Stays considers, in its sole discretion, inappropriate.
11. Feedback In order to create a fair and impartial representation of Pet Stays Service provision, each User agrees to actively engage in Mad Paw’s Feedback process and post their true and impartial Feedback after using Services. By Services, we mean: If the User is an Owner, Feedback should be given on each Sitter who’s Services the Owner used; and If the User is a Sitter, Feedback should be given on each Owner to whom the Sitter provided Services, as well as the Owner’s Pet. In case you fail to do so, Pet Stays reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Platform. Users are also encouraged to add reviews of other Services that they have used or provided in the past.
12. Links to Third Party Sites The Platform may have references or contain links to Sites controlled by parties other than Pet Stays. Pet Stays provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, Pet Stays is not responsible for and does not endorse, or accept any responsibility for, the use or Content of these third party Sites. A User must always be cautions and take reasonable precautions to ensure that each such Platform is free of viruses or other items of an intrusive nature.
13. Insurance Pet Stays provides public liability insurance and errors and omissions insurance for bookings that are made through the Platform. Below, we will specify the risks that are covered by the Insurance. Below we highlighted certain limits and conditions. A more extensive overview can be consulted at www.PetStays.net.au/insurance. All claims are subject to the applicable policies as specified by relevant underwriters. Public Liability covers the Sitter’s legal liability for injury to third persons, and for damage to property of third persons, caused by an animal under the Sitter’s care or custody. The limit of Indemnity provided for Public Liability Insurance is $10,000,000 for any one claim and in the annual aggregate. In case of a claim, we will endeavour to look at each situation and consider, at our own discretion and dependent on the specific situation, whether and if so how we can be of any support. All Claims by the Sitter are subject to a $1,000.00 deductible excess and administration fee payable by the Sitter It is important to understand that the insurance does not cover the Sitter for at-fault liability and the following: Damage to Sitter’s personal property (such as damage to the Sitter’s property or vehicles) or the Sitter’s medical expenses Injuries to the Sitter or Sitter’s family caused by the pet Injuries to the pet of the Host Pet Sitter cannot have any criminal convictions in past 5 years (excluding traffic violations). We will ask about this in a phone call as part of the verification process. This information will be strictly used for insurance purposes only and will in no way be publically disclosed. Pets with any medical conditions requiring ongoing treatment must be referred to Pet Stays for approval Pets involved in a previous attack with another animal or human that required medical treatment Pets listed on the Dangerous / Menacing Dogs listing of relevant local council of Australia (see list below) Treatment of pre-existing veterinary conditions, illness or old age Stays or Services booked outside of www.petstays.net.au Damage or medical care required as a result of meet and greet appointments All Exotic Animals – i.e. animals other than dogs or cats Boarding Kennels; no commercially run boarding kennels will be covered. Reduction in Value; this policy does not cover for the ‘value’ of any pet’s ‘show’ value. Breach of professional duty; such as not following the Pet Stays Rules or walking an animal off a leash in an area where this is reasonably considered not to be suitable.
List Of Dangerous / Menacing Dogs Rank
1 Pit Bull Terrier
2 Basset Griffon Vendeen
3 Tibetan Mastiff
5 American Staffordshire Terrier
6 Bouvier des Flandres
8 Toy Fox Terrier
9 South African Boerboel
10 Bulldog (American)
This above list will extend to cover any cross breed of the above pure breed dogs varieties noted.
Important: to protect Sitters, dogs on this list are excluded from any Services listed on the Platform, except under special consideration, which should be explicitly requested to Pet Stays by contacting us at firstname.lastname@example.org
Each User acknowledges that the Insurance does not apply in the case that the User has not strictly complied with these Terms.
This Insurance is void in any jurisdiction where prohibited.
Pet Stays will in good faith decide whether or not the User has complied with the requirements as described in these Terms and whether to allow any claim.
The Insurance will only apply to the extent that the User’s is/are unable to claim or is denied to claim any other insurance policy that the User may have. Each User accepts to provide any information to Pet Stays or the insurance providers regarding any claim. This includes any other insurance policies the User may have. The Insurance does not imply any additional rights or claims to Users. Furthermore, the Insurance does not create any rights or claims for Users against Pet Stays, nor take away any responsibility and liability from the Sitter. Users acknowledge that they are not a third-party beneficiary of any Insurance and they have no right to assert any contribution, offset, or indemnification from Pet Stays with respect to any liability of a User for property damage, personal injury or injury to family members.
14. Risk Management Each User recognises that home Pet sitting / home Pet boarding is not an appropriate solution for all Pets. Each User agrees that it is the Owner’s sole responsibility to decide whether or not Pet Stays is a suitable solution for its Pet and to select an appropriate Sitter. Pet Stays does not guarantee or makes no representations or warranties regarding the accuracy of Feedback comments or ratings on Sitters, nor the quality, security or positive features of the Sitter or the Sitter’s home.
Pet Stays is not a party in any agreement or transaction between each Sitter and Owner. As a result, Pet Stays cannot verify or authenticate any claims made by the Sitter or the Sitter’s Profile. This includes insurance coverage held by the Sitter or any medical certifications. Each Owner and Sitter must share with each other all relevant information when discussing and providing Services. This includes any medical issues, allergies or other conditions, about any relevant persons or animals that may be involved in the Services. Pet Stays and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘Pet Stays entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the Pet Stays entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.
Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Services are provided “as is” and each Pet Stays entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and Services, reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or Services of Third Party Service Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each Pet Stays entity disclaims any guarantee that the operation or use of the Platform or provision of the Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the Pet Stays entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no Pet Stays entity is responsible for any delivery failures, delays or other damage resulting from such problems.
Nothing in the preceding paragraph will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each Pet Stays entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant Pet Stays entity) and each User agrees that it is reasonable for us to limit liability in the following manner.
In the case of Services:
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
In the case of goods:
the repair of the goods; \the payment of the cost of having the goods repaired. the payment of the cost of replacing the goods or of acquiring equivalent goods;
the replacement of the goods or the supply of equivalent goods;
Each Pet Stays entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Platform or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.
To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform or the Services related to the Platform, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform or the Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising from boarding / sitting an animal that may not be familiar with and accustomed to any persons (including minors) or property to whom such animal may be exposed.
15. Donation Pledges Sitters have the option to donate a portion of their profits gained as a Pet Stays sitter to the charity which we support which is Motor Neurone Disease.(MND). If a Sitter opted for this option, www.petstays.net.au will transfer 100% of the allocated earnings to MND. This is not tax-deductible. Pet Stays will not reveal the Sitter’s identity and the charity recipient(s) will not send the Sitter a receipt for this donation.
16. Termination and Account Cancellation If you breach these Terms, Pet Stays reserves the right to suspend or terminate your contract at any time without prior notice. If you are awaiting delivery of services, Pet Stays reserves the right to cancel the delivery. A refund may be issued.
Pet Stays may, in its sole discretion and with or without prior notice, without liability to you, with or without cause, and at any time: (a) terminate these Terms or your access to the Platform, and (b) deactivate or cancel Your Pet Stays Account or registration or similar uses of the Platform. Pet Stays’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. Pet Stays may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your Pet Stays Account at any time by sending an email to Service@www.petstays.net.au. However, it is important to note that 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 Pet Stays Account is cancelled, we do not have an obligation to delete or return to you any Content You have posted on or to the Platform.
17. Intellectual Property Rights All images/ graphics, information, text, material, software and ads on the Website are Copyright (c) of Pet Stays, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on this website without the prior written consent of Pet Stays. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.
You must not modify, copy or distribute the Website Content in any way except as expressly provided for on the website or expressly authorised in writing by Pet Stays. The same goes for republishing, reproducing, distributing, performing, displaying, posting, transmitting, downloading the Content. You may use the content of this Website only for the purpose of using the Services of Pet Stays and for no other purpose. The content of the website is protected by Australian copyright and trademark laws.
In order for us allowing You to post User generated Content to the Platform, You (a) assign to us all rights You may have in such Content, this is effective on posting; (b) give us permission to do anything in relation to such Content which, but for such permission, would infringe any moral rights You may have in such Content; and (c) warrant that (i) You have the right to post such Content, and (ii) such posting, and exercise of any rights in such Content by us or any person authorised by us, will not infringe any laws or any rights of any other person.
18. Information and Confidentiality Pet Stays attempts to maintain the accuracy and integrity of the information on the Platform, and tries to moderate User-generated Content such as User ratings. However, Pet Stays does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without our knowledge or consent. Pet Stays disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted at law. If you believe that information found on the Platform is unauthorized, inaccurate or incomplete, please inform us by sending an e-mail to email@example.com
Without limiting the foregoing, each Sitter agrees that the Platform may provide its address on a map available to the public. However, Pet Stays will endeavour to do so in a way that limits and reduces the accuracy of an address to such an extent that it will be extremely hard to locate any Sitters.
Each User is responsible for maintaining his/her Account information and password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.
19. User Generated Content The Pet Stays Platform facilitates transactions between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content. User Generated Content entails all forms of Content as stipulated in 1. Key Terms.
Sitters must, on reasonable request by the Owner and Pet Stays, provide photo updates of the Stay via mobile pictures, email, or public Sites. Failure to do say may result in Your Account or access to all or part of the Platform being suspended, cancelled or terminated.
Pet Stays occasionally shares User Generated Content with Users and the public. This includes photos, videos and other stipulated Content. You agree that Pet Stays is allowed to, at its sole discretion, publish such Content on the Platform and across social media including Facebook, Twitter, Pinterest, and similar Sites.
Pet Stays also reserves the right to modify, delete or block selected User Generated Content from the Platform. Reasons why this might be done include, but are not limited to the following examples:
A response to a User complaint of objectionable material that Pet Stays deems inappropriate; and Helping Users set up a Sitter Profile, Pet Profile and writing reviews. For more information on how User Generated Content should be used (either in through the submission or consumption of User Generated Content) please refer to 10. Good Conduct and Use of the Platform.
These Terms will be governed by the laws of Australia, without regard to its conflict-of-law provisions. All Users submit to the exclusive jurisdiction of the courts of their State for all matters relating to these Terms or the Platform. Any dispute arising out of your use of the Platform, or the Services purchased on it, will be subject to the exclusive courts of that jurisdiction.
You may not assign any of your rights or obligations under these Terms without the prior written approval of Pet Stays. Any alleged assignment in violation of this section shall be void. Pet Stays may assign or renew any or all of our rights or obligations under these Terms without Your consent or notice to You and You agree not to object on any ground to, and at Your cost to sign such documents and do such things as necessary to give effect to, any such assignment or novation. All and any rights not expressly granted herein are reserved by Pet Stays.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be severed to the extent necessary to address such invalidity or unenforceability, with all other provisions remaining in full force and effect.
The following rules of interpretation apply, unless the context requires otherwise.
Headings are for convenience only, and do not affect interpretation.
The singular includes the plural and conversely
A gender includes all other genders;
Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
The words “includes” and “including” are not words of limitation.
A reference to:
a person includes a partnership, joint venture, unincorporated association,
corporation and a government or statutory body or authority;
a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation;
any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;
this or any other document includes the document as varied; writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form; a clause is a reference to a clause of this Agreement.
22. Contact Details Please contact us if you have any further enquiries at: Pet Stays 17 Doncaster Street Ascot Vale Victoria 3032 Australia Email: firstname.lastname@example.org