Terms of Service

 

Last Updated: July 15, 2017

 

PamperMy.Pet LLC, a limited liability company, incorporated under United States law,  having its registered address at 150 Forest Ave, Palo Alto, CA 94301, provides an online "www.pampermy.pet" platform that connects local pet caregivers with people in their local community that need help caring for their pets.

 

These terms and conditions (as amended from time to time, the “Terms”) govern the use of ‘www.pampermy.pet’ platform services (the “Services”) provided by PamperMy.Pet and access of such Services through the website www.pampermy.pet (the “Site”) or application for mobile devices (the “Application”).

 

Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.

 

Key definitions and interpretation

 

Content” means text, graphics, images, music, software, audio, video, information or other materials.

 

PamperMy.Pet” means services that a pet Caregiver may provide to a Client in relation to a specific need for their pet (e.g. dog walking, pet feeding, cat visiting, pet sitting). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide PamperMy.Pet services as a pet Caregiver on the PamperMy.Pet platform.

 

PamperMy.Pet Fee” means an amount due and payable by a Client for the caregiver service(s). This equals the caregiver’s "hourly-rate" multiplied by the number of hours they will provide the service.

 

Caregiver” means a User - a natural person who creates the Profile via the Site, Application and provides the pet caregiver services.

 

User” means an individual who completes pamperm.pet account registration process, including but not limited to the Pet Caregivers and Clients.

 

User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

 

Client” means a User who requests from a Caregiver a booking to be provided a caregiver service, via the Site, Application or Services.

 

you”, “your” and “yours” means you a User of the Site or Application.

 

we”, “us” and “our” are references to PamperMy.Pet LLC.

 

Interpretation of PamperMy.Pet “Caregiver"

 

On PamperMy.Pet, a ‘Caregiver’ is a broad definition of a person who resides in a certain location and wishes to share his/her personal knowledge and love of animals to provide a service that can help satisfy the need of pet owners in his/her community.   Caregivers must meet all legal requirements to provide a service to Clients in their area.  In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a PamperMy.Pet caregiver simply offers practical help using their love for and knowledge of animals, he/she may just be a passionate local person without any formal training.

 

Services

 

Description of the Services

 

PamperMy.Pet LLC makes available an online platform (www.pampermy.pet) for the Local Caregivers and Clients to meet online and pet caregiving services.

 

By using the Site or Application, the Caregivers may create profiles (the “Profiles”) that provide information about their knowledge, experience and love of animals, and may make themselves available to share that knowledge by providing services to Clients. Based on the Profiles, the Clients may select the Caregiver to provide the pet caregiving service.

 

Role and responsibilities of PamperMy.Pet LLC:

 

PamperMy.Pet LLC does not provide the service or any other pet care or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Local Pet Caregivers and Clients in arranging for the service and (ii) processing payment transactions between the Caregivers and Clients, when a meeting is booked. With reference to above, you understand and agree that PamperMy.Pet LLC is not a party to any agreement between the Caregiver and Client in relation to their scheduled meetings.

 

Intellectual Property

 

All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of PamperMy.Pet LLC and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.

 

Subject to your compliance with these Terms, PamperMy.Pet LLC grants you a limited, non-exclusive, non-sub license, revocable, non-transferable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.

 

Network Access

 

You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).

 

Your use of the services

 

User Accounts

 

To use all the Services available (including to create a Profile or book a caregiver), you must create pampermy.pet account either by direct sign up via the Site or Application or by usage of another sign up feature made available by PamperMy.Pet.  Any sign up is subject to you providing the true, accurate and complete personal information (the “Registration Data”) as prompted by the relevant sign up feature (collection and use of personal information is governed by our Privacy Policy). You undertake to keep your Registration Data accurate and current and thus update your Registration Data when relevant.

 

You are responsible for any actions that take place while using your PamperMy.Pet account. Keep your username and password secure and do not allow anyone else to use them to access the Services. PamperMy.Pet LLC is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.

 

Age Restrictions

 

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

 

Requirements for the Caregivers, Profiles and services:

If you are Client, you understand and agree that a Local Caregiver is not an individual involved in professional pet caregiver services. A Local Caregiver is not always a licensed and/or qualified caregiver. He or she is a person, who resides and has knowledge of certain area and wishes to share it to help Clients care for their pets.  

 

As a Caregiver, you may create a Profile where you can showcase a range of services as well as personal information you wish to share with Clients about you and your passions. The Profile will be made publicly available via the Services, and Clients will be able to book your offering via the Site, Application and Services based upon the information provided in your Profile. Visitors will also be able to provide feedback on your PamperMy.Pet services and rate you as a Caregiver. We will monitor all feedback obtained from Clients prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Clients.

 

If you are Local Caregiver, you represent and warrant that your Profile and PamperMy.Pet service (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.

 

Please also note that any PamperMy.Pet service offered by a Local Caregiver must comply with the following requirements: (i) the caregiver service has to be delivered personally by the Local Caregiver who confirmed the booking, (ii) the Clients may not request care for additional pets beyond what was agreed during booking.

 

User Interaction and Conduct

 

You are solely responsible for your interactions with other Users, whether online or in person. PamperMy.Pet LLC assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. PamperMy.Pet LLC is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.

 

For communications about bookings all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to PamperMy.Pet. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.

 

Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your appointment details only. Contact details of both parties will be automatically released after booking is confirmed via the PamperMy.Pet payment system. In case you bypass the PamperMy.Pet platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on PamperMy.Pet can be reviewed by the PamperMy.Pet staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.

 

You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Show-around, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organization or belief.

 

When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

 

User Content

 

You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.

 

All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to PamperMy.Pet LLC a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.

 

We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If PamperMy.Pet chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.

 

Termination

 

You agree that PamperMy.Pet LLC, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.

 

We reserve the right to terminate your access to the site for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.

 

In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.

 

Bookings

 

If you are a Client and wish to book a service, you may do so either through the Site or Application. In case information provided in a Profile of a particular Local is not sufficient for you to decide on the service or you have any special requests relating to the session, you will be able to discuss this with the Caregiver via private messaging facility. As a Client, you agree to pay PamperMy.Pet LLC the PamperMy.Pet Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Caregiver.

 

If you are a Caregiver and a booking is requested for your service through the Site or Application, you will be required to either confirm or reject the booking before the day of when the booking is requested. Otherwise the booking request will be automatically cancelled.

 

Pricing

 

A Caregiver individually determines the PamperMy.Pet hourly Rate. Alternatively, a Caregiver can also choose to provide Free services.

Before setting the PamperMy.Pet hourly rate the Caregiver must evaluate the fees and any local taxes applied for providing services. The PamperMy.Pet fee has to include any such fees and taxes that the Caregiver determines that he/she has to collect. The PamperMy.Pet rate displayed in the advertisement of a PamperMy.Pet listing or Profile includes all fees and taxes and is final for the Client.

 

As a Client you understand and agree that 100% of the amount paid for the service will be considered as your personal income and taxes will be accounted for the entire initial amount.

 

Payment

 

A Client can make a payment once a Caregiver accepts his booking. At the time of payment a credit or debit card of the Client, who made the booking, is debited the full amount of the PamperMy.Pet Fee. The funds on the Caregiver account balance will be available for withdraw immediately.

 

Cancellations and Refunds

 

If, as a Client, you wish to cancel a confirmed booking made via the Site, Application and Services, 3 days (72 hours) before the service session, 100% of the service Fee will be refunded to you. The same amounts shall be refunded to you in case a Caregiver cancels a confirmed booking prior to the day of the session. Any confirmed and paid booking cancellation must be initiated by email to support@pampermy.pet . We will acknowledge and confirm your cancellation by email.

 

As a Client you are also entitled for a refund of 100% of the PamperMy.Pet Fee in case a Caregiver fails to arrive for the appointment. As a Client you have 24 hours after the end of session to initiate a dispute. If as a Client you do not cancel your booking prior to the day of the appointment the payment is not refundable.

 

Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.

 

Limitation of Liability

 

We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

 

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.

 

Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.

 

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.

 

Modification of the Services

 

PamperMy.Pet LLC reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that PamperMy.Pet LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

Miscellaneous

 

These Terms constitute the entire and exclusive understanding and agreement between PamperMy.Pet LLC and you regarding the Site, Application and Services.

 

PamperMy.Pet LLC may assign its rights and obligations under these Terms to any party at any time without notice to you.

 

PamperMy.Pet LLC may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.

 

The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and PamperMy.Pet LLC.

 

PamperMy.Pet LLC reserves the right to revise these Terms at any time. PamperMy.Pet LLC will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by PamperMy.Pet LLC. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

 

The failure of PamperMy.Pet LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

Services are rendered to you under and in accordance with United States Law. Any dispute between you and PamperMy.Pet LLC is governed in all respects by United States Law.

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PamperMy.Pet LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.