Terms of Service and Refund Policy
TERMS OF SERVICE & REFUND POLICY
Terms of Service & Refund Policy as at [8/01/2024]
These terms of service (“Terms of Service & Refund Policy”) govern the use by You of the Pawfect Booking Service and your relationship with Pawfect Walks. .
The Pawfect Booking Service is an internet on-line booking service provided by Pawfect Walks to facilitate communication between the owner of a pet (“Owner”) and a pet carer (“Pet Carer”) and for the Owner to book the services of the Pet Carer to provide Pet Services.
Please read these Terms of Service carefully.
You agree that when you register on the Pawfect Booking Service you are entering into a contract with Pawfect Walks on the terms of these Terms of Service.
When an Owner uses the Pawfect Booking Service to book a Pet Service and a Pet Carer accepts that booking, the terms of the agreement between the Owner and Pet Carer is governed by these Terms of Service & Refund Policy (where applicable) and the terms specified in the relevant booking.
Pawfect Walks is not a party to the agreement between the Owner and Pet Carer and is not responsible or liable for acts or omissions of the Owner or the Pet Carer.
Pawfect Walks is not an employment service and You are not employed by Pawfect Walks. You are responsible for all tax and compliance with all reporting obligations with government and tax authorities.
These Terms of Service do not create an exclusive relationship between You and Us and each is free to deal with third parties.
If you are under 18 years of age, your parent or legal guardian must give you permission to register on and use the Pawfect Booking Service.
If you are an Owner, by clicking the “Book Now” button on the Website you register to access the Pawfect Booking Service and agree to these terms and conditions.
If You are a Pet Carer, by completing the registration form and clicking the “Submit” button you register to access the Pawfect Booking Service and agree to these terms and conditions.
Some words used in these Terms of Service have special meanings as defined in the Dictionary at the end of these Terms of Service.
1. The Pawfect Booking Service
1.1 If you are a first time user of the Pawfect Booking Service, you must register with the Pawfect Booking Service by completing the on-line registration form on our Website at pawfect-walks.com. Owners click on the button that says
“Log In” and follow the prompts. Pet Carers click on the button that says “ Work for US”, complete the registration form and click the submit button. Registration on the Website is free.
1.2 You agree not to give us any false, inaccurate or misleading information when you register with us.
2. Booking a Pet Service
2.1 The Owner books a Pet Service on the Pawfect Booking Service by clicking the “Services and Shop” button, choosing a service and clicking on the “Book Now” button.
3. Owner Booking Fee
3.1 In consideration of Pawfect providing the Owner with access to the Pawfect Booking Service the Owner must pay the Booking Fee each time a Pet Service is Booked.
3.2 Payment must be paid through the online payment platform on the Website .
4. Acceptance of a Booking by a Pet Carer
4.1 A Pet Carer registered with the Pawfect Booking Service may accept a booking from an Owner to perform a Pet Service.
4.2 Acceptance by the Pet Carer of the Booking is made by the Pet Carer notifying Pawfect that the Booking is accepted.
4.3 Pawfect will send to the Owner a Pet Carer Confirmation either orally, by SMS message, MMS message or by email that the Booking has been accepted.
4.4 On receipt of the Pet Carer’s acceptance of a booking a legally enforceable agreement is formed between the Owner and Pet Carer for the performance of the Pet Service.
4.5 The amount payable by the Owner to the Pet Carer for the Pet Service is the Pet Service Fee.
5. Pet Service Fee
5.1 After the Pet Service is performed Pawfect must deduct from the Booking Fee a sum equivalent to the Pet Service Fee and on behalf of the Owner pay that amount to the Pet Carer in discharge of the Pet Service Fee. Payment is to be made direct to the Bank Account nominated by the Pet Carer. Pawfect will retain the balance of the Booking Fee for its own use.
6 Cancellation
Cancellation by the Owner
8.1 The Owner may at any time before midnight of the daybefore the Pet Service is scheduled cancel the Booking and elect to either rebook the Pet Service for an alternative day or time, in whichevent the Booking Fee will be credited to the new Booking, or elect to receive a full refund of the Booking Fee.
8.2 If the Owner cancels the Pet Service on the day the Pet Service is scheduled and at any time before 2 hours before the scheduled time for the Pet Service, fifty percent (50%) of the Booking Fee will be refunded to the Owner. In that event Pawfect Walks will deduct from the balance of the Booking Fee an amount equivalent to 50% of the Pet Service Fee and on behalf of the Owner pay that amount to the Pet Carer. The balance (if any) is retained by Pawfect Walks for its own use.
8.3 If the Owner cancels the Pet Service within the 2 hours immediately before the scheduled time for the Pet Service there is no refund of the Booking Fee. In that event Pawfect Walks will deduct from the Booking Fee an amount equivalent the Pet Service Fee and on behalf of the Owner pay that amount to the Pet Carer. The balance (if any) is retained by Pawfect for its own use.
8.4 Notification of cancellation by the Owner must be by SMS or MMS message to Pawfect on 0498196447 or email to contact@pawfect-walks.com.
8.5 Pawfect will notify the Pet Carer that the Owner has cancelled the Booking by SMS or MMS message to the Pet Carer’s nominated mobile phone or email to the Pet Carer’s nominated email address.
8.6
Cancellation by Pawfect or Pet Carer
8.7 Pawfect or the Pet Carer may cancel the Pet Service in the event of a force majeure event or if it is impracticable or otherwise undesirable to perform the scheduled Pet Service. Notification of cancellation may at the election of Pawfect be oral, by SMS or MMS message to the Owner’s nominated mobile phone or email to the Owner’s nominated email address.
8.8 The Owner may elect to rebook the Pet Service to an alternative day or time and the Booking Fee will be credited to the new Booking.
8.9 If the Owner elects not to rebook the Pet Service the Booking Fee will be refunded to the Owner.
7. Changes in the Booking Fee and Service Fee
7.1 The Booking Fee and the Service Fee may be changed at any time and apply when published on the Website.
8. Emergencies
8.1 In an emergency, the Pet Carer will use their best endeavours to contact Pawfect Walks and the Owner. The Pet Carer and/or Pawfect Walks will request the Owner’s instructions regarding the care of the Pet. If safe and
practical the Pet Carer and/or Pawfect Walks will attempt to return the Pet to the Owner.
8.2 If the Owner cannot be immediately contacted, the Pet Carer and Pawfect Walks are jointly and severally authorised and directed to arrange for the removal of the Pet to the veterinarian nominated by the Owner (or an emergency pet hospital if in the opinion of the Pet Carer or Pawfect Walks, this is desirable) and to instruct the veterinarian and/or emergency pet hospital as to the appropriate care for the Pet.
8.3 The Owner will pay for all transport of the Pet to a veterinarian and/or emergency pet hospital and the cost of care by the veterinarian or emergency pet hospital.
8.4 The Owner indemnifies and saves harmless Pawfect Walks and the Pet Carer from all liability, damages, loss, costs and expenses incurred by Pawfect Walks or the Pet Carer in relation to the transport and/or care of the Pet.
9. Warranties by the Owner
9.1 The Owner is the owner of the Pet or is otherwise authorised by the owner of the Pet to enter into these Terms of Service & Refund Policy.
9.2 The information supplied by the Owner in regards to the Pet is true and correct and no relevant information as regards the Pet has been omitted.
9.3 The Pet is in good health (unless disclosed at the time of registration or subsequently in writing) and all recommended core vaccinations are up-to-date.
9.4 The Owner acknowledges that the health and vaccination status of the Pet is of the utmost importance for the health and well being of not only the Pet but also the Pet Carer and other pets with which the Pet Carer may come into contact.
9.5 The Pet is as described in the registration and without limiting the foregoing includes the Pet’s name, microchipped (if applicable), gender, breed , size, temperament (including, if a Dog, whether he/she has ever shown signs of aggression towards other Dogs or unfamiliar people and/or behavioural concerns such as phobias (such as storm or noise), separation anxiety or resource guarding and whether neutered or spayed (aka as “desexed”) and if a female Dog that is not spayed that it is not as at the date the Pet Service in an estrus cycle (aka “in heat”) . See Dog in Heat (Canine Estrus): Symptoms and Spaying (webmd.com).
10. Owner to Provide All Accessories
10.1 The Owner is to provide to the Pet Carer all Accessories necessary or desirable for the Service to be performed.
11. Indemnity and General Release
11.1 You indemnify and will defend and hold harmless Us against any liability, damage, loss, or expense (including legal fees and expenses of litigation on an
indemnity basis) incurred by or imposed on Us in connection with any claims, suits, actions, demands or judgments arising out of or from the provision of the Pawfect Booking Service to You and/or the Pet Services by the Pet Carer to the Owner and without limiting the foregoing including any claims by third parties for loss or damage to any person or property and You release Us from any claim for loss or damages arising out of the death or injury to the Pet arising from any cause while in the care of the Pet Carer.
12. Relationships
12.1 Nothing in these Terms of Service is intended or creates a partnership, joint venture or employment relationship between You and Us or to authorise You to act as our agent nor do You have the authority to act in Our name or otherwise to bind Us in any way.
13. Governing Law and Jurisdiction
13.1 These Terms and Conditions is governed by the laws of the Australian Capital Territory.
The following provision apply where the Pet Service is Dog Walking.
14. The Owner is to hand the Dog and all Accessories to the Pet Carer at the public entrance to the Owner’s residence or by prior agreement at such other place as the Owner and the Pet Carer agree.
15. For the safety of the Dog and except with the consent of the Owner, the Dog will not be let off the leash except in an emergency or in an enclosed area (such as a park).
16. Where the Owner owns two or more dogs and requests that all the dogs be walked together, the Pet Carer may decline to walk all the dogs together if he or she deems it is unsafe or otherwise impracticable to do so. In that event the additional fee for the additional dog or dogs will be credited to another scheduled Pet Service for the Owner.
Dictionary
“Accessory” or “Accessories” means any accessory in good order necessary or desirable for the provision of the Pet Service including any medications (where the Service includes administering medication to the Pet) and food (where the Service includes feeding the Pet) and in the case of a Pet that is a dog of either gender includes such items as a collar (with the Pet’s name and owner contact details on the collar or disc), strong lead to walk appropriate for the size of the Pet, muzzel (as required), warm coats (as required in cold weather), treats, toys for playing and dog poop bags.
“Booking” occurs when an Owner clicks the “Book Now” button on the Web Site to indicate that he or she wishes to engage a Pet Carer provide a Pet Service.
“Booking Fee” is the fee payable by the Owner on making a Booking and includes the Pet Service Fee as amended from time to time and as recorded on the Website. “core vaccinations” means for Dogs- see URL: What vaccinations should my dog receive? – RSPCA Knowledgebase
“Force Majeure Event” means an act of God and without limiting the foregoing includes earthquake, flood, inclement weather, fire, explosions, strike, industrial action, lock-out stoppages, riot, civil commotion, terrorism, war, revolution, state of emergency, epidemic or pandemic, act or acts of government or any other event outside of the party seeking to rely on the Force Majeure event to excuse the performance of any obligation under these Terms of Service.
“Owner” means the person or persons that makes a Booking and if more than one jointly and severally;
“Pet” and “Pets” means the pet or pets nominated by the Owner;
“Pet Carer Confirmation” means the confirmation We send to the Owner that a booking is accepted and confirms important information about the Pet Service.
“Pawfect Walks” is the registered business name of Millea Industries Pty Limited A.C.N. 673428807;
owned by an Owner.
“Pet Carer” means a person registered with the Pawfect Booking Service who is prepared to accept an offer from an Owner to perform a Pet Service;
“Pet Service” means the service to be provided by a Pet Carer to an Owner pursuant to the terms of the Booking.
“Pet Service Fee” is the amount payable by the Owner to the Pet Carer for the performance of the Pet Service. The amount of the Pet Service Fee is displayed on the Website;
“Terms of Service & Refund Policy” means these terms of service as amended from time to time and as recorded on the Website.;
“You” and “you” means the person or persons who register to use the Pawfect Booking Service.
“We”, “we”, “Us”,”us”, “Our” or “our” means Pawfect Walks.
Website means the website at: pawfect-walks.com