Mad Paws Terms of Service

Our T&C's

 

Last Updated: 29 May 2017

 

Mad Paws Pty Ltd ABN 78 600 835 425 (hereafter referred to as “Mad Paws”, “we”, “us”, or “our”) provides the Mad Paws Platform including 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 Services. The Mad Paws Platform was set up to help provide Users with a means of offering and booking such Pet Services.

In certain circumstances, Mad Paws also provides public liability insurance that protects Pet Sitters from certain liability that may arise when caring for a Pet. For more details, please view: www.madpaws.com.au/insurance.

By making use of or accessing the Mad Paws Platform, you (hereafter “You” or “Your”) 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 legally binding contract between You and Mad Paws, 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 must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from  Users via the Platform.

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. We only allow minors on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided Mad Paws with their proof of identity. The account created on the Platform is then shared by the minor and their parent / guardian and should expressly state that the parent / guardian vouches and takes full accountability for the actions of the minor.

Each User agrees that a binding legal contract is created between each Owner and Sitter when a Pet Service is booked through the Platform.  Any such agreement between Users is on these Terms and any other applicable terms in the relevant Booking.

THE PLATFORM AND OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SITTERS MAY SET UP LISTINGS FOR PET SERVICES, AND OWNERS MAY FIND, INITIATE, AND BOOK THESE PET SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT MAD PAWS IS NOT A PARTY TO ANY AGREEMENTS BETWEEN SITTERS AND OWNERS. MAD PAWS 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 PET SERVICES. MAD PAWS DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 


 

Contents

 

  1. Key Terms
     
  2. Disclaimer and Liability
     
  3. Modifications to these Terms
     
  4. Compliance with Laws
     
  5. Relationship
     
  6. How the Mad Paws Platform Works
     
  7. Our Service and Booking Fees
     
  8. Credit Card
     
  9. Cancellation Policy and Refunds
     
  10. Failure to retrieve Guest Pet
     
  11. Medical Issues and Emergencies
     
  12. Insurance
     
  13. Property Damage
     
  14. Risk Management
     
  15. Fair Conduct and Use of the Platform
     
  16. Feedback
     
  17. Links to Third Party Sites
     
  18. Third Party Advertising & Analytics Cookies
     
  19. Donation Pledges
     
  20. Termination and Account Cancellation
     
  21. Intellectual Property Rights
     
  22. Information and Confidentiality
     
  23. User Generated Content
     
  24. Miscellaneous
     
  25. Interpretation
     
  26. Contact Details

     

 

1. Key Terms

 

  1. Account” – a record of information about a person created when this person completes the registration process on the Platform;
  2. Booking” – the engagement of a Sitter by an Owner via the Platform with respect to the provision of Pet Services, on the terms specified by the relevant Owner and Sitter in the Platform’s booking process and these Terms;
  3. Booking Fee” – the Fee payable by an Owner to Mad Paws upon making a Booking;
  4. Content” – text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials;
  5. Fee” – the dollar amounts charged by Mad Paws and payable to Mad Paws by Users with respect to a Booking, including without limitation Our Service Fee and the Booking Fee;
  6.  “Insurance” and “Insurance Services” – the specific public liability insurance organised by Mad Paws with the aim to protect Sitters from certain liability that may arise as a result of accommodating and providing Pet Services, subject to limitations and deductibles outlined in these Terms and on our insurance page available at: www.madpaws.com/insurance;
  7. Listing” – the listing by a Sitter on the Platform of a Pet Service the Sitter is offering to provide to Owners, subject to the completion of a Booking;
  8. Mobile Applications” – any mobile application made available to Users with respect to Our Services and the Platform;
  9. Owner” – a person who completes Mad Paws’ Account registration process as an owner as set out on the Platform and searches for and/or books Pet Services via the Platform;
  10. Our Services” – the services, information and resources provided by Mad Paws through the Platform;
  11. Our Service Fee” – the Fee payable by a Sitter to Mad Paws, with such amount to be deducted from the Pet Service Fee payable by the Owner to the Sitter pursuant to the relevant Booking;
  12. Payment Gateway” – the application provided on the Platform pursuant to which Owners can make payments for Pet Services, including the Pet Service Fee, the Booking Fee and Our Service Fee;
  13. Pet” – the dog, cat, bird, rabbit, guinea pig and/or other pet with respect to which the Owner is seeking and or books Pet Services;
  14. Pet Services” – services provided by Sitters to Owners pursuant to a Booking, including without limitation the provision of housing of Pets and other Pet related services;
  15. Pet Service Fee” – the Fee payable by Owners to Sitters for the provision of Pet Services pursuant to the relevant Booking. Also sometimes referred to as “Sitter Total”;
  16. Platform” – a suite of software applications and websites that enables Owners to search for and book Pet Services offered by Sitters. It encompasses both the Site and Mobile Applications;
  17. Profile” – that part of the Account that is visible to Users;
  18. Site” – any site made available by Mad Paws with respect to the Platform, including specifically MadPaws.com.au;
  19. Sitter” – a person who registers a Mad Paws Account and creates a Listing or otherwise offers to provide Pet Services via the Platform;
  20. Stay” – the number of days, nights and/or sessions during which a Sitter provides Pet Services and otherwise looks after a Pet at the location specified in the Booking;
  21. Third Party Providers” – Mad Paws’ third party agents, contractors, distributors, merchants or sponsors or any User (including providers of medical or other services in respect of a Pet);
  22. User” – a person who creates an Account or otherwise uses the Platform or Our Services;
  23. User Generated Content” – a specific type of Content, that is submitted or uploaded by a User on the Platform; and
  24. Withholding Period” – the period of 72 hours following the date specified in the relevant Booking for the completion of the Pet Services pursuant to that Booking;
  25. You” – a person who accesses or uses the platform, whether or not as a User, Sitter, Owner or Provider.

     

2. Disclaimer and Liability

 

Disclaimer

Mad Paws, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services, the Pet Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.


Dealings with other Users

You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk.  Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform.  We are not a party to any agreement or arrangement entered into by or between the Users. 

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way.  If You have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

 

3. Modifications to these Terms

 

Mad Paws reserves the right to change these Terms at any time, including with respect to the Fees.  Before changing these terms, Mad Paws will try to give Users notice of such change by way of update before they take effect, although this may not always be possible.  Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). The Terms of existing Bookings and other orders through the Platform shall be upheld by Mad Paws. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms.

 

4. Compliance with Laws

 

When accessing or using the Platform or Our Services, and providing or using Pet Services, You must comply with all applicable local, state, national and international laws and You are responsible for obtaining all necessary licenses and permits. You are also solely responsible for complying with any and 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 Pet Services provided.

Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Pet Services, including without limitation with respect to the boarding of animals and the keeping of animals at private residences, including any applicable state and federal companion animal legislation and the local council regulations and by-laws.

EACH USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENCES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PET SERVICES. MAD PAWS ASSUMES NO RESPONSIBILITY FOR A USER'S FAILURE TO OBTAIN SUCH PERMITS, LICENCES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.

 

5. Relationship

 

You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Pet Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between Mad Paws and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of Mad Paws.

Mad Paws is not an employment service and does not serve as an employer of any user, nor is Mad Paws in the position to provide any tax related advice. As such, Users are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Pet Services provided by Sitters. 

You understand and agree that if Mad Paws is found to be liable for any tax, withholding tax or reporting obligation in connection with any Pet Services provided or received by You, then You will immediately reimburse and indemnify Mad Paws for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

 

6. How the Mad Paws Platform Works

 

The Platform can be used to book Pet Services provided by Sitters. These Pet Services are shown on the Listings on the Platform. Users may be required to provide personal information, including without limitation about their homes and their Pet(s), and may need to nominate a bank or PayPal Account. Each Sitter can set the details and prices for the Pet Services only in accordance with the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Pet 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 Pet Services in accordance with the relevant Booking, and each Owner must pay the Booking Fee and the Pet Service Fee pursuant to that Booking via the Payment Gateway.

Mad Paws connects Owners and Sitters and provides the Payment Gateway and Insurance Services as set out in these Terms. However, Mad Paws plays no role in the agreements between Owners and Sitters with regards to the provision of Pet Services. Owners and Sitters are solely responsible for such agreements.

The Owner is obliged to pay the Pet Service Fee and the Booking Fee applicable to a Booking using the Payment Gateway at the time both the Owner and the Sitter have agreed on the Booking made through the Platform.  The Pet Service Fee paid by the relevant Owner will be retained by Mad Paws until the completion date of the relevant Booking in accordance with these Terms.  Subject to the Withholding Period, Mad Paws will transfer the relevant Pet Service Fee, less Our Service Fee, to the Sitter’s nominated bank or PayPal account, after the Sitter has submitted a redeem request for payment (such payments are only made by Mad Paws on Mondays, Wednesdays and Fridays).

Each Sitter acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, an Owner may be legally entitled to a refund or other remedy with respect to the Pet Services under any applicable law.  To the maximum extent allowed at law, each Sitter indemnifies Mad Paws with respect to any and all costs or expenses incurred by Mad Paws with respect to such a claim made by an Owner with respect to Pet Services performed by that Sitter, whether before or after the Withholding Period applicable to the relevant Booking.

PLEASE LET IT BE CLEAR THAT MAD PAWS CANNOT AND DOES NOT CONTROL ANY LISTINGS OR PET SERVICES. MAD PAWS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PET SERVICES PROVIDED BY OR USED BY USERS. EACH OWNER USES THE PLATFORM AND THE PET SERVICES PROVIDED BY SITTERS AT HIS OR HER OWN RISK.

In consideration of each User enjoying our Services:

  1. the Sitter must not provide any Pet Services or similar services to that Owner; and
  2. the Owner must not solicit any Pet Services or similar services from that Sitter,

except through the ongoing use of Our Services and the Platform.  You acknowledge that any breach by You of this section would cause harm and damage to Mad Paws, and in the event of breach Mad Paws reserves the right to suspend or terminate Your access to the Platform and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.

 

7. Our Service and Booking Fees

 

Registering on the Platform is free. To register an Account, Users must complete the registration process in the manner described on the Platform.

In exchange for certain of Our Services, Users must pay Our Service Fee and the Booking Fee with respect to Bookings made through the Platform.

Our Service Fee

If You are a Sitter, You must pay Mad Paws Our Service Fee with respect to each Booking made with Owners.  Our Service Fee covers the costs of payment processing, Public Liability Insurance, platform maintenance and customer support provided by Mad Paws.

Our Service Fee is a fixed percentage of the Pet Service Fee (including GST) specified in the relevant Booking or such other amount specified on our Platform from time to time.  Our Service Fee is deducted from the Pet Service Fee which is payable to You as a Sitter in accordance with these Terms.

Our Service Fee amounts to 15% of the Pet Service Fee (including GST) for sitters that signed up before June 29 2017 09:59pm AEST. Sitters that signed up after this cut-off date are charged 20% of the Pet Service Fee.

Booking Fee

If You are an Owner, You must pay the Booking Fee applicable to each Booking You make, which will be the amount specified on our Platform during the Booking process.  The Booking Fee covers a broad spectrum of operating costs and helps fund safety measures such as our thorough 4-step Sitter vetting process and police background checks.

The Booking Fee amounts to 5% of the Pet Service Fee (including GST), with a cap of $25 per Booking. The Booking Fee is payable by the Owner in addition to the Pet Service Fee payable to the Sitter and may vary depending on the terms of the relevant Booking. The Booking Fee is non-refundable unless and to the extent that these Terms provide otherwise.

The Booking Fee is effective and applicable to:

  • All new Owners located in the state of Victoria who signed up to the Mad Paws Platform after 11.59pm AEST April 17th, 2017;
  • New Owners located in all other states (excluding Victoria) who signed up to the Mad Paws Platform after 09.15am AEST May 30th, 2017.

Owners that signed up to the Mad Paws platform before the above mentioned cut-off dates are currently not subject the Booking Fee.

Cancellation Fee

Without limiting the terms below under “Cancellation Policies and Refunds”, depending on the cancellation policy selected by the Sitter, if an Owner cancels a Booking, the Owner may be required to pay the relevant Sitter a cancellation fee in accordance with the terms of the relevant Booking (Cancellation Fee).  Owners can view the Sitter’s cancellation policy at all times on the Sitter’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”.

In the event that a Cancellation Fee is payable to a Sitter, Our Service Fee will be deducted from such amount before the Cancellation Fee is paid to the Sitter.

Any changes to any of Our Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Unless otherwise stated in the relevant Booking, all Fees are quoted and payable in Australian Dollars. Each User accepts the responsibility to pay the amounts payable with respect to such Fees, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that Mad Paws accepts.

 

8. Credit Card

 

If You make any payments for using Our Services or Pet Services with a credit or charge card or an online payment account, You warrant that you are the cardholder or account holder and that the billing information provided is accurate, and You authorise Mad Paws, or a third party engaged by Mad Paws for the purpose of operating the Payment Gateway or other payment system on the Platform (“Payment Gateway Provider”) to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST.  All payments and purchases made in connection with Mad Paws are non-refundable unless otherwise expressly stated in these Terms or we otherwise agree upon.

Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Our Services or Pet Services to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Our Services and the Platform.

By submitting credit card details to Mad Paws to use Our Services and the Platform, Users agree that:

  • Mad Paws may disclose those details to the Payment Gateway Provider;
  • Where applicable, those credit card details may be retained by Payment Gateway Provider(s) in accordance with their policy that was effective at the time of the payment;
  • Payment Gateway Provider(s) are authorised to charge the User’s credit card, without further notice to the User, for amounts due with respect to amounts payable by the User under these Terms, including Our Service Fee, the Booking Fee and the Pet Service Fee, and any other amounts due by an Owner to a Sitter, to Mad Paws, or to Third Party Providers with regards to Medical Issues (see below); and
  • The User will pay, on demand, any costs or expenses that Mad Paws incurs and that are related to the credit card (such as merchant, dishonor, interest and overdrawing fees), medical expenses, council fines, pound charges or any additional charges related to rebookings.

 

9. Cancellation Policies and Refunds

 

Each Owner and Sitter agrees to the cancellation rules set forth below with respect to each Booking made through the Platform.

Cancellations & Refunds before the start of the Booking

  1. Owners – if You are an Owner, this section applies to You:

If an Owner cancels a Booking after paying the Pet Service Fee but before the Pet Services have been performed, the Owner will be required to pay any applicable Sitter Cancellation Fee to the relevant Sitter (depending on the cancellation policy selected by the Sitter).

Owners can view the Sitter’s cancellation policy at all times on the Sitter’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”. By paying for a Booking, including any Pet Service Fees, the Owner agrees and accepts the relevant Sitter’s cancellation policy.

If the Owner cancels a Booking, the Owner is entitled to a refund of the Pet Service Fee in accordance with the cancellation policy selected by the Sitter (as set out in the terms of the Booking and available on the Platform).

The timeframes with respect to the refunding of the Pet Service Fee under the Sitter’s cancellation policy may include:

  1. Flexible - a full refund will only be available if the Booking is cancelled before 12pm AEST, one day before the Pet Services are to be performed under the Booking;
  2. Moderate - a full refund will only be available if the Booking is cancelled before 12pm AEST, 7 days before the Pet Services are to be performed under the Booking;
  3. Strict -  a full refund will only be available if the Booking is cancelled before 12pm AEST, 14 days before the Pet Services are to be performed under the Booking.

For cancellations of a Booking by an Owner that does not satisfy the timeframe specified in the relevant Sitter’s cancellation policy, the Owner will only be entitled to a refund of 50% of the Pet Service Fee paid by that Owner with respect to the Booking.

Any Booking Fee paid by an Owner is non-refundable, except where the relevant Booking is cancelled by the Sitter.  If a Sitter cancels a Booking, the relevant Owner is entitled to a full refund of any Pet Service Fee and any Booking Fee paid by the Owner with respect to that Booking.

In order to cancel a Booking and receive a refund, the Owner must immediately notify Mad Paws in writing at service@madpaws.com.au.

In the event a Booking is cancelled, Mad Paws may, in its absolute discretion, determine to assist the Owner and/or Sitter with respect to any dispute over the terms of the cancellation. However, Mad Paws is under no obligation to do so.

Once the cancellation has been processed, Mad Paws will notify both parties and will deposit the relevant Cancellation Fee into the Sitter's nominated account (less Our Service Fee).

  1. Sitters – if You are a Sitter, this section applies to You:

In order to cancel a Booking, the Sitter must notify Mad Paws in writing at service@madpaws.com.au. The Sitter is required to immediately inform both the relevant Owner and Mad Paws about the cancellation of the Booking in writing.

Cancellations by Sitters are taken very seriously. Mad Paws will review each Sitter cancellation on a case-by-case basis and Mad Paws reserves the right to suspend or terminate the Sitters Account and/or access to the Platform in Mad Paws’ absolute discretion.  It is the responsibility of each Sitter to only accept those Bookings that the Sitter can commit to. For this reason, Mad Paws highly recommends all Owners and Sitters to organise a Meet & Greet before the Sitter accepts and agrees to commit to the Booking.

Without limiting the above, if a Sitter cancels 3 or more paid Bookings within a 3-month timeframe, this may result in immediate account suspension.

Cancellations & Refunds after the start of the Booking

In certain circumstances, and without limiting anything else in these Terms, Mad Paws may determine to refund an Owner for Pet Service Fees and/or Booking Fees paid if that Owner is dissatisfied with the Booking or the Pet Services.

To be eligible for a refund, Owners must notify Mad Paws in writing at service@madpaws.com.au of any complaints regarding a Booking (including with respect to the performance or omissions of the Pet Services under that Booking) within the Withholding Period.  Such notice must clearly specify the details and reasons for the Owner’s complaint. Mad Paws expects 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.

Mad Paws may take into account any factors regarding the Booking and the Pet Services that it considers relevant when determining whether to refund a Sitter for any or all amounts paid with respect to that Booking.  In any case, refunds are not available for payments that were not made through the Platform. Other relevant factors include, but are not limited to:

  • Owners and Sitters must have had a Meet & Greet before the start of the booking (in case of a first-time booking between both parties);
  • The Owner must have left a poor review for the Sitter upon Confirming the End of Stay.

If Mad Paws determines that an Owner’s complaint has merit, Mad Paws may discuss the matter with the Sitter beforehand 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 in the event that the Sitter has already received moneys for the Pet Services. Once Mad Paws has received such funds, we will pay that amount to the Owner into his/her nominated bank Account.  If Mad Paws has not yet transferred the Pet Service Fee to the Sitter, Mad Paws may determine to refund such amount to the relevant Owner before transferring any of the Pet Service Fee to the Sitter.

Users understand and acknowledge that the Pet Services may be subject to statutory guarantees under Australian Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.

Mad Paws understands that there are certain circumstances where a Sitter may not be able to complete performance of Pet Services with respect to a Booking (such as in the event of severe aggression or emergencies).  However, Mad Paws reserves the right to terminate or suspend Sitter’s Accounts and/or access to the Platform in our absolute discretion if we determine that any cancellation or failure to perform the Pet Services under a Booking is unsatisfactory.

Mad Paws reserves the right to remove an Owner's Pet from the location at which the Pet Services are performed if we determine it is necessary for the safety of the Pet, the Sitter, or any other persons, however Mad Paws is under no obligation to do so. In the event We choose to relocate a Pet, Mad Paws shall make reasonable efforts during Mad Paws’ normal business hours to contact the relevant Owner and/or the Owner's Emergency Contact to arrange alternative care. Should Mad Paws not be able to contact the Owner or the Owner's Emergency Contact, Mad Paws will endeavour to find adequate care until the Owner is able to retrieve the Pet. The Owner is responsible for and indemnifies Mad Paws for any charges, costs, expenses or liabilities incurred by Mad Paws as a result of taking any of the actions referred to in this paragraph.

 

10. Failure to retrieve Pet(s)

 

If an Owner makes a Booking with a Sitter for Pet Services and fails to retrieve the relevant Pet(s) within five (5) days (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Pet Services, the Owner agrees that Mad Paws may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities.  Each Owner agrees that they are solely responsible for and indemnify Mad Paws for all costs, expenses and liabilities that Mad Paws may incur arising directly or indirectly from the Owner failing to retrieve the relevant Pets with respect to any Booking of the Owner.  Nothing in these Terms operates to limit any applicable laws that may apply to an Owner’s failure to retrieve Pet(s) with respect to any Booking of the Owner, including any applicable animal abandonment or cruelty laws.

 

11. Medical Issues and Emergencies

 

The contact information relating to the Owner and the Sitter who have entered a Booking is automatically provided to the other party during the Booking process.

Each User acknowledges and understands that such contact information will be relied upon in the event that Mad Paws, an Owner or a Sitter (as the case may be) needs to contact the relevant User, including with respect to any emergency, medical issue or otherwise in the provision of any applicable Pet Services. You must keep all such contact information up-to-date at all times and must ensure that any Owner or Sitter You engage using the Platform is provided with and aware of such contact information.

In the event a Sitter, in carrying out Pet Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Sitter’s care, the Sitter must immediately contact the relevant Owner using the contact information provided by the Owner.  In such case, the Owner agrees to respond to such communication from the relevant Sitter and to provide instructions as to how the Sitter should proceed, including 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.

In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Sitter pursuant to a Booking, then, provided that the relevant veterinarian or medical practitioner is qualified to provide medical treatment or advice regarding the Pet pursuant to any applicable laws, the Owner acknowledges, agrees and authorises any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.

Without limiting the above, in case of any emergency relating to a Pet in the care of a Sitter, the Sitter must immediately notify the Owner (and any emergency contact provided by the Owner pursuant to the relevant Booking) and Mad Paws by sending us an email at service@madpaws.com.au (and putting “Emergency” in the email subject line). The Sitter must provide all relevant details of any emergency so that the Owner, the Owner’s emergency contact and/or Mad Paws can determine which veterinary care is required.  In the event that the Sitter is unable to contact the Owner or the Owner’s emergency contact, Mad Paws will take reasonable efforts during Mad Paws’ normal business hours to contact the Owner or their emergency contact and notify them of the situation.

If the Owner or the Owner’s emergency contact cannot be contacted in event of an emergency, the Owner authorises the Sitter and/or Mad Paws to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet. 

Without limiting the above, if an Owner and a Sitter agree in writing as to the procedure to be followed in the event of an emergency, the Sitter must use best endeavours to comply with such directions.  This notwithstanding, each Owner agrees that the Sitter can seek veterinary care or other medical assistance, as the Sitter, acting in good faith, considers reasonably appropriate, including in the event that the Owner cannot be contacted.

In the event that the Mad Paws and/or a Sitter obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Owner must:

  • except to the extent that the Owner and the Sitter have agreed otherwise in writing, indemnify the Sitter for any and all reasonable costs, expenses and liabilities incurred by the Sitter in connection with the relevant veterinary care or medical assistance;
  • indemnify Mad Paws and any authorised representative of Mad Paws, from and against any cost, expense or liability incurred by Mad Paws or their authorised representative in connection with the relevant veterinary care or the medical assistance; and
  • release and hold harmless Mad Paws and their authorised representatives, from and against any liability that may arise (whether under contract, tort, statute or otherwise) as a result of the Sitter failing to seek veterinary care or medical assistance in respect of a Pet.

Each Owner agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Owner’s Pet under a Booking may be charged directly to the Owner’s credit card or PayPal account.  The Owner also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank or PayPal account of the Owner using any credit card or PayPal details provided by the Owner. The Owner may be eligible to recover some or all of such amounts charged to the Owner’s credit card or PayPal account under the Mad Paws Public Liability Insurance (additional information regarding eligibility for reimbursements can be found in section 12 of these Terms and at www.madpaws.com.au/insurance).

 

12. Insurance

 

Mad Paws recommends that Users obtain appropriate insurance for their Pet Services. Mad Paws insurance is secondary to any other relevant insurance the User may have. Please review any insurance policy that You may have for Your Pet Services carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of pets with respect to which You provide any Pet Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Pet Services may void your coverage or result in denial of an otherwise covered claim.

THE TERMS OF THIS CLAUSE 12 ARE SUBJECT AT ALL TIMES TO THE TERMS OF THE MAD PAWS PUBLIC LIABILITY INSURANCE POLICY (POLICY). THIS POLICY CAN BE CONSULTED IN THE FOLLOWING LOCATION: WWW.MADPAWS.COM.AU/INSURANCE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICY, THE POLICY WILL PREVAIL.  EACH USER WARRANTS THAT THEY HAVE READ AND ARE AWARE OF THE POLICY.

Mad Paws provides Public Liability insurance for bookings that are made and paid through the Platform. Public liability covers You for your liability to pay compensation to a third party for damage to property or personal injury as a result of the Sitter’s negligence whilst the Pet is under the Sitter’s care. Certain injuries or accidents that occur to the Pet during the booking are also covered by this insurance.

All claims are subject to the applicable policies as specified by relevant underwriters.

  • $10m - Public Liability - for any one occurrence and in the annual aggregate;
  • $100k - Errors and Omissions - for any one occurrence and in the annual aggregate;
  • $100k - Care, Custody & Control - up to $5k for any one animal and $100k in the annual aggregate.

All Claims by the Sitter are subject to a $250 deductible payable by the Sitter. The Sitter is responsible for, and irrevocably indemnifies Mad Paws against, any costs, expenses and liabilities incurred by Mad Paws in relation to any claim under the Insurance Services in connection with that Sitter’s Booking. 

For full details on our Insurance cover, please visit www.madpaws.com.au/insurance. Each User acknowledges that the Mad Paws Insurance does not apply in the case that the User has not strictly complied with these Terms.

If You believe that any incident is covered under the Insurance Services, You must provide Mad Paws with written notice of the incident, along with all material documentation available to You evidencing the foregoing (e.g. invoices and veterinary notes from the initial veterinary examination), no later than seven (7) days after the end date that the Pet Services were provided under the relevant Booking.

The Insurance Services are not available in any jurisdiction where prohibited.

Mad Paws will in good faith decide whether or not the User has complied with these Terms in determining whether the User may be eligible under the Insurance Services . The Insurance Services 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(s) may have. Each User agrees to provide any information to Mad Paws or the relevant insurance providers regarding any claim. This includes any other insurance policies the User may have.

The Insurance Services do not confer or imply any additional rights or claims to Users. Furthermore, the Insurance Services do not create any rights or claims for Users against Mad Paws, nor take away any responsibility and liability from the Sitter. Users acknowledge that they are not a third-party beneficiary of any Insurance Services and they have no right to assert any contribution, offset, or indemnification from Mad Paws with respect to any liability of a User for property damage, personal injury, injury to family members or any other persons living in the same household.

To the maximum extent permissible by any applicable law, Mad Paws reserves the right to modify or terminate the Insurance Services, at any time, in its sole discretion, and without prior notice. If Mad Paws modifies/terminates the Insurance Services cover in accordance with the foregoing, Mad Paws will provide You with notice of such modification/termination and Mad Paws will continue to process claims filed prior to the effective date of the modification/termination where possible. Such modifications may include, without limitation, conditions on Your eligibility under the Insurance Services cover. By continuing to access or use Our Services and the Platform after we have posted a modification on the Platform or have provided You with notice of a modification, You are indicating that you agree to be bound by the modified Insurance cover. If the modified Insurance Services cover is not acceptable to You, You must cease using Our Services and the Platform immediately.

 

13. Property Damage

 

The Insurance Services do not cover any property damage caused by a Pet or by a Sitter to a Sitter or Owner’s property or any other person’s property living in the same household as the Sitter, nor does it cover any damage to a User’s property directly or indirectly caused by the Pet Services.  Notwithstanding this, You acknowledge and agree that Mad Paws does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless Mad Paws with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Services, including with respect to any damage of property.

Mad Paws is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Pet Services must be settled between the relevant Users.  Each User releases and indemnifies Mad Paws with respect to any dispute between Users, including (without limitation) with respect to damaged property.  This notwithstanding, Mad Paws may elect, in its absolute discretion, to facilitate communication between disputing Users.

For information purposes only, and without limiting anything else in these Terms, Mad Paws has outlined a “Damage Guideline” below to help minimize and prevent the risk of property damage occurring during a Booking:

Damage Guideline

  1. Damage caused by a Pet

Pets are known to chew, scratch and break objects and this can potentially result in damage to property where Pet Services are carried out.

The Owner should inform the Sitter about the behaviour of the Pet(s), such as, but not limited to, whether or not the Pet is known to chew and scratch objects within the house and if they are or are not toilet trained. Users should communicate this information to each other in writing before the start of any Booking that they have engaged in.  

The Owner should pay for any property damage in the event that they have not informed the Sitter in writing that their pet:

  • Chews objects;
  • Scratches objects;
  • Digs;
  • Isn’t toilet trained; or
  • Is in heat/may come into heat.

As a Sitter, You are assumed to take reasonable precautions to prevent any damage such as (but not limited to):

  • Do not allow the Pet(s) near any fragile valuables (e.g. vases, glassware or anything that could be broken by the pet during the booking); 
  • Take appropriate precautionary measures against a Pet having access to objects that can be damaged due to chewing and/or scratching;
  • Provide plenty of toilet breaks if the Pet is not toilet trained. This is also a good way to expel energy to prevent the Pet from chewing and scratching objects.

The Sitter should always use their common sense to prevent damage from occurring during a Booking.  

If the above-mentioned measures have been taken to prevent damage from occurring, then the Owner should be responsible for the cost of any damage caused. In the event that the Sitter did not take the precautionary measures in accordance with the written communication with the relevant Owner, the Sitter should pay for the resulting property damage caused by the Pet.

  1. Damage caused by the Sitter

If damage to the Owner’s property is caused by a Sitter in the course of the relevant Pet Services of House Visits, Pet Sitting or Day Care, the Sitter agrees to pay for the cost of the damage. This includes all items in the home of the Owner such as, but not limited to, glassware, furniture, electronic devices and all other items. If such damage does occur, the Sitter must report the damage to the Owner immediately.

 

14. Risk Management

 

This clause 14 applies notwithstanding anything in these Terms to the contrary.

Mad Paws and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘Mad Paws 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, Our Services or the Pet 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 Mad Paws 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 Our Services are provided “as is” and each Mad Paws entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services and Pet Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party 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 Mad Paws entity disclaims any guarantee that the operation or use of the Platform or provision of Our 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 Mad Paws entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no Mad Paws entity is responsible for any delivery failures, delays or other damage resulting from such problems.

Nothing in the preceding paragraphs 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 Mad Paws entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant Mad Paws entity) and each User agrees that it is reasonable for the relevant Mad Paws entity to limit liability in the following manner:

  • In the case of services (including Our Services):
    • the supplying of the relevant services again; or
    • the payment of the cost of having the relevant 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; or
  • the replacement of the goods or the supply of equivalent goods.                         

Each Mad Paws entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Platform, Our Services or the Pet 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, Our Services or the Pet Services, 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, Our Services or the Pet 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 providing or receiving Pet Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.

Each User acknowledges that Our Services and Pet Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that Mad Paws is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Sitter is appropriate or suitable for the provision of Pet Services in relation to any Pet.

To the maximum extent allowed at law, Mad Paws makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Sitters on the Platform, nor as to the quality, security or positive features of the Sitter or any location where Pet Services are provided.

Mad Paws is not a party in any Booking, agreement or transaction between Users.  Mad Paws is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications.  Each Owner and Sitter must make available all relevant information reasonably required in connection with the provision of Pet Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Pet Services.

 

15. Fair Conduct and Use of the Platform

 

Users must only use the Platform, Our Services and the Pet Services in good faith and with respect for each other User. Mad Paws reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms.  Without limitation, You must not do any of the following with respect to the Platform or Our Services:

  • Use or access the Platform for a commercial purpose other than the provision or receipt of Pet Services;
  • Change, or copy any Content on the Platform, for any purpose other than in the proper use of Our Services or the Platform, such as 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 or animal, 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 with these Terms;
  • Use the Platform for any purpose that violates any applicable 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; or
  • Otherwise use Our Services or the Platform in a way that was not intended by us.

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 User’s profile as inappropriate;
  • Direct e-mail to Mad Paws via service@madpaws.com.au; and
  • Direct phone contact with Mad Paws during Mad Paws’ normal business hours on 02 8046 6536.

Mad Paws will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.

Mad Paws 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, Mad Paws reserves the right, in its sole discretion, to delete any User Generated Content that Mad Paws considers is inappropriate. 

 

16. Feedback

 

We welcome any feedback from Users with respect to Our Services.  In order to create a fair and impartial representation of Our Service provision, each User agrees to actively engage in Mad Paws’ Feedback process and post their honest and impartial Feedback after using Pet Services as follows:

  • If the User is an Owner, Feedback should be given on each Sitter whose Pet Services the Owner has used; and
  • If the User is a Sitter, Feedback can be given on each Owner to whom the Sitter has provided Pet Services, as well as the relevant Pet.  

In case You fail to do so, Mad Paws 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 Pet Services that they have used or provided in the past.

 

17. Links to Third Party Sites

 

The Platform may have references or contain links to sites controlled by parties other than Mad Paws. Mad Paws 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, Mad Paws 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 cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.

 

18. Third Party Advertising and Analytics Cookies

 

Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies.  These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

 

19. Donation Pledges

 

Sitters have the option to donate a portion or all of their profits gained as a Mad Paws Sitter to a charity of their choice. If a Sitter elects to do so, Mad Paws will transfer 100% of the specified earnings to the chosen charity(s) in accordance with the procedure set out on the Platform. Any donation made by a Sitter is not tax-deductible. Mad Paws will not disclose the Sitter’s identity to the relevant charity and the Sitter will not receive a receipt for any such donation.

 

20. Termination and Account Cancellation

 

If You breach or threaten to breach these Terms, Mad Paws reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. If you are awaiting delivery of services (including any Pet Services pursuant to a Booking), Mad Paws reserves the right to cancel the delivery of such services. A refund may be issued.

Mad Paws 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 Mad Paws Account or registration or similar uses of the Platform. Mad Paws' proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. Mad Paws may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your Mad Paws Account at any time by sending an email to service@madpaws.com.au. However, it is important to note that You are personally liable for any Bookings, orders, Listings or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your Mad Paws Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.

 

21. Intellectual Property Rights

 

We and our licensors (as applicable) own all intellectual property in Mad Paws and the Platform, including any updates, enhancements and new features we may provide.

All images/ graphics, information, text, material, software and ads on the Platform are Copyright (c) of Mad Paws, 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 the Platformwithout the prior written consent of Mad Paws. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.

You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by Mad Paws. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by Mad Paws. You may use the Content of the Platform only for the purpose of using Our Services and for no other purpose. The Content of the Platform is protected by Australian copyright and trade mark laws.

In order for us to allow 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.

We give You a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Platform and any other software provided to You by us in relation to Mad Paws.  This licence is solely to enable You to use and enjoy Our Services and the Platform and You may not copy, modify, distribute, sell or lease any part of our intellectual property. 

We own all trade marks, branding and logos contained in, or relating to, Mad Paws and You cannot use them for any purpose without our express written consent.

 

22. Information and Confidentiality

 

Mad Paws 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, Mad Paws 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. Mad Paws 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 unauthorised, inaccurate or incomplete, please inform us by sending an e-mail to service@madpaws.com.au.

Any personal information You submit to the Platform is governed by our Privacy Policy (for more information please visit our Privacy Policy page: Privacy Policy). This Privacy Policy applies to all and any information You may provide to the Platform as a User or to receive further information, updates and promotions about and/or related to the Platform. Saved credit card details are held in accordance with the then current policies of our Payment Gateway Provider.

We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us.  You will continue to own any and all intellectual property rights in such information.  However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner.  This right continues even if You no longer use Our Services or the Platform.  We will only use this information for the purposes of operating, promoting or improving Our Services and the Platform, for developing other products or services, and for any other purposes set out in our privacy policy.  This means, for example, that we might use this information to compile statistical information for use in marketing Mad Paws, to make improvements to Mad Paws, or to develop complementary products or services to Our Services.

If you would like to know more about how we use, store or handle your personal information, please contact us.

Without limiting the foregoing, each User acknowledges and agrees that the Platform may provide their address on a map available to the public. However, Mad Paws will endeavor to do so in a way that limits and reduces the ability to locate Users without authorisation.

Each User is responsible for maintaining his/her Account information and keeping the User’s 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.

 

23. User Generated Content

 

The Mad Paws Platform facilitates transactions between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content.

Sitters agree that, upon reasonable request by an Owner for whom they are providing Pet services pursuant to a Booking, the Sitter will use reasonable endeavours to provide photographic updates of the relevant Pet via the Platform or as otherwise agreed with the Owner.

Mad Paws occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content.  You consent and agree that Mad Paws is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Pinterest, and other sites determined by Mad Paws.  You give us permission to do anything in relation to such Content which, but for such permission, would otherwise infringe any moral rights You may have in such Content.

Mad Paws 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 Mad Paws 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 through the submission or consumption of User Generated Content) please refer to section 10. Good Conduct and Use of the Platform.

 

24. Miscellaneous

 

These Terms (together with the Privacy Policy and any Mad Paws Rules available on the Platform) form the entire understanding relating to the use of the Platform and any of Our Services or Pet Services provided in relation to the use of the Platform and supersede any prior or conflicting, contemporaneous or additional, understandings. Mad Paws reserves the right to change these Terms or policies relating to the Platform at any time, without prior informing You and such changes will be effective upon being posted on the Platform. You acknowledge that these Terms are binding on You and agree to visit this page from time to time to review the then current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms published on particular pages of the Platform. These notices may be posted on the Platform from time to time. Your continued use of the Platform after any such postings is considered Your consent to such changes.

These Terms will be governed by the laws of New South Wales, Australia, without regard to its conflict-of-law provisions. All Users submit to the exclusive jurisdiction of the courts of that 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 Mad Paws. Any alleged assignment in violation of this section shall be void. Mad Paws 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 Mad Paws.

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.

 

25. Interpretation

 

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, assignees 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 these Terms.

 

26. Contact Details

 

Please contact us if you have any further enquiries at:

Mad Paws Pty. Ltd.

55 Pyrmont Bridge Road

Pyrmont

NSW 2009

Australia

 

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