Mad Paws Terms of Service
Last Updated: October 14, 2014
MadPaws.com.au is the website of Mad Paws Pty Ltd. MadPaws.com.au is a platform that allows visitors (Pet Owners) to find a Pet Sitter. Please understand that Mad Paws does not control Services, Fees, Pet Sitters, Pet Owners or Pets on this Site and takes no responsibility and is not liable for their actions.
Use of the Mad Paws Website and Services is subject to the acceptance of these Terms and Conditions.
The best Pet stays and services are logically booked by following the ratings and reviews of Pet Sitters. If You are unsure whether or not to use a Sitter, the best advice is not to use that Sitter and look for a Sitter You trust. Mad Paws takes no responsibility or liability for any incidents involving Pet Sitters, Pet Owners or Pets.
TERMS OF SERVICE
Mad Paws Pty Ltd ABN 78 600 835 425 (hereafter referred to as Mad Paws, we, us, or our) provides a Site where Pet Owners can find Pet Sitters that want to provide housing for Pets and/or other Pet related Services. The Site, MadPaws.com.au was set up to help provide these third parties the offering of their Services.
Mad Paws also provide public liability insurance, errors and omissions liability insurance and care, custody and control liability insurance that protect Pet Sitters from certain liability that may arise when caring for a Pet. For more details, please review: www.madpaws.com.au/insurance
By making use or accessing the Site madpaws.com.au, You agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not You register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legal binding contract between You and Mad Paws, under which we agree to maintain the Site and provide the Insurance Services and You agree to pay the Fee and to respect these Terms.
If You do not agree to these Terms, You have no right to obtain information from or otherwise continue using the Sitter and must not use the Site. If You do not respect and agree to the Terms of Service, this may lead to civil or criminal penalties.
The Site is intended solely for persons who are 18 years of age or older. By accessing or using the Site You represent and warrant that You are 18 or older. It is expressly forbidden for anyone under 18 years of age to access or use the Site.
Each User agrees that a binding legal contract is created between each Owner and Sitter when a Service is booked through the Site. Key Terms of that contract include:
- Each Owner agrees to pay such amounts payable in respect to each Sitter’s provided Services; and
- Each Sitter agrees to provide the Services, in accordance with the booking, the bookings Terms and these Terms.
Disclaimer and Liability
Mad Paws, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any damage or loss that might be suffered by you or any third party caused by the Website or the products/services sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Changes to these Terms
Mad Paws reserves the right to change these Terms without informing You prior. Please check our Site regularly for updates. Such modifications will be effective immediately upon posting. The Terms for existing orders / cooperation's shall be upheld by Mad Paws Pty Ltd. Continued access or use of the Site shall be deemed conclusive evidence of Your acceptance of the modified Terms.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SITTERS MAY SET UP LISTINGS FOR SERVICES, AND OWNERS MAY FIND, INITIATE, AND BOOK THESE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT 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 SITE OR SERVICES. MAD PAWS DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITED BY LAW.
Compliance with laws
When accessing or using the Site, and providing or using Services, You must comply with all applicable local, state, national and international laws. You must also comply with all applicable tax laws and regulations that apply to Your activity on the Site. This includes the payment of tax on any amounts collected for the Services provided.
Without limiting the applicable laws referred to in the preceding paragraph, it is Your obligation to comply with any applicable laws relating to the boarding of animals and the keeping of animals at private residences, including the applicable state and federal companion animal legislation and the local council by-laws.
How the Site works
The Site can be used to book Services provided by the Sitter. These Services are shown on Listings on the Site. Sitters are required to provide information about their homes, their Pets and need to nominate a bank or PayPal Account. Each Sitter can set the prices for the Services according to the parameters allowed by the Site. It is possible to view Listings as an unregistered visitor to the Site. If You want to book Services provided by the Site or set up a Listing for Yourself, You need to register first in order to create an Account.
Each Sitter must provide the Services that were booked, and each Owner must pay the Fees for the Services that were performed.
Mad Paws connects Pet 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 Pet Owners and Sitters with regards to the provision of Services. Pet Owners and Sitters are solely responsible for such agreements. When a Fee is charged by the Sitter, the Owner is obliged to pay such Fee using the Payment Gateway, at the time each transaction is booked through the Site. If (a) no issues come up during the Withholding Period, and (b) Mad Paws received the Fee payable to the Sitter, and subject to these Terms; Mad Paws will transfer the Fee to bank Account nominated by the Sitter. Payments are made once per week to the Account nominated by the Sitter.
Each Sitter must acknowledge that, although these Terms require each Pet Owner to submit any request or complaint for refund before the end of the Withholding Period, a Pet Owner may be legally entitled to submit a request after the Withholding Period. By Withholding Period, we mean the 48 hours commencing after the Sitter has completed the provision of the Services. If we receive such a request after the end of the Withholding period and accept it, the Sitter must pay to Mad Paws such amount as we require to satisfy such request.
PLEASE LET IT BE CLEAR THAT MAD PAWS CANNOT AND DOES NOT CONTROL ANY LISTINGS OR SERVICES. MAD PAWS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES PROVIDED BY SITTERS. IT FOLLOWS THAT EACH PET OWNER WILL BOOK ANY SERVICES PROVIDED BY SITTERS AT HIS OR HER OWN RISK.
Registering on the Site is for free. However, in exchange for the insurance Services, platform maintenance and customer support provided by Mad Paws, we charge a Fee on each transaction booked through the Site. The Fee is not additional to the price charged by the Sitter, but is deducted from the dollar value payable to the Sitter. At this point in time (see above date of these Terms) the Fee amounts to 15% of the total value (including GST) of the transaction.
At this point in time, Mad Paws does not charge a Fee for Services booked outside of the Site or for bookings where the Sitter does not charge for its Services. Let it be clear however, that the insurance policy does not apply for bookings made outside the Site, or where there are no Fees charged for the Services provided. Mad Paws reserves the right, at our discretion, to cancel the Profiles of individuals where we find out that payments are made outside of the Site for free bookings listed on the Site or for bookings made outside the Site, where Sitter and Owner met each other on the Site. As a Sitter You agree by using the Site that all first and future bookings with clients met on the Mad Paws Site will be booked via the Site. As a Owner you also agree by using the Site and our service that all first and future bookings with Sitters met on the Mad Paws Site will be booked via the Site.
Any changes to the Fee are effective once these are posted on the Site. Unless otherwise stated, all Fees are quoted and payable in Australian Dollars.
Changes to any Fee are effective after we post them on the Site. Unless otherwise stated, all Fees are quoted, and must be paid, in Australian Dollars (AU). Each Owner accepts the responsibility to pay the amounts payable, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that Mad Paws accepts.
By submitting credit card details to the Site, Users agree that:
- Those credit card details may be retained by our Payment Gateway Provider in accordance with their policy that was effective at the time of the payment.
- Our Payment Gateway Provider is authorized to charge the User’s credit card, without further notice to the User, for amounts due with respect to our Fee and any other amounts due by that Owner to the Sitter, to Mad Paws, or to Third Party Providers with regards to Medical Issues (see below).
- The User will pay, on demand, any costs or expenses that we incur and that are related to the credit card, such as merchant, dishonour, medical expenses, medical expenses, interest and overdrawing Fees.
Cancellation Policy and Refunds
By accepting a booking, each Pet Owner and Sitter agrees to the following cancelation policy:
If a Pet Owner cancels a booking, Mad Paws will charge the Service Fee for the booking and will refund the dollar amount of that booking to the Owner’s nominated bank Account according the following decision rules:
1. Before the Stay starts:
Full refund if the booking is cancelled by 12:00 PM the day before the Stay begins (12:00 PM is determined by the Sitter’s time zone.)
2. After the Stay has started:
- All days that have started are fully paid by the Pet Owner. A day has started if the Pet is being watched by the Sitter after 10 AM (timezone of the Sitter).
- For the remaining days, if the Stay at that time is within 7 days after the Stay’s commencement date, 50% is refunded for the remaining days of the first 7 days. 100% is refunded for the additional days.
- If a Pet Owner books for 21 days, and then cancels on day 5 (before 10AM), the Pet Owner is refunded 50% for 3 days (7-4), refunded 100% for the additional 14 day and will have paid 100% for 4 days.
- If a Pet Owner books for 21 days, and then cancels on day 5 (after 10AM), the Pet Owner is refunded 50% for 2 days (7-5), refunded 100% for the additional 14 days and will have paid 100% for 5 days.
- If a Pet Owner books for 21 days, and then cancels on day 8 (before 10AM), the Pet Owner is refunded 100% for 14 days, and will have paid 100% for 7 days.
In order to cancel a booking and receive a refund, the Pet Owner needs to notify us in writing at email@example.com.
In special cases we will try to assist the Pet Owner and/or Sitter to agree on different cancelation Terms. However, we are not obliged to follow such Terms.
Should a Pet Owner be dissatisfied with the Services provided by the Sitter, the Pet Owner must notify Mad Paws in writing via firstname.lastname@example.org within 48 hours of the end date of a Stay or provision of Service. In that e-mail the Pet Owner should formally outline the reasons for his/her dissatisfaction. By submitting such e-mail, the Pet Owner agrees that we, at our discretion, can post this feedback.
We will review the complaint and if we believe that the complaint has merit, we will discuss the matter with the Sitter and try to reach an agreement around a solution. If the Sitter agrees to a refund, the Sitter agrees to pay to us the amount of the refund. When we receive the funds, we will pay that amount to the Pet Owner on his/her nominated bank Account.
Any complaint and request for refund should be submitted before the Withholding Period ends. Under these Terms, we have to transfer all Fees for Services provided by the Sitter to the Sitter after the end of the Withholding period.
It follows that we advice a meet and greet to happen, ideally at the location where the Sitter will care for the Pet, before the end of the Withholding Period, so that the booking can be cancelled in time, should that be necessary.
It should be remarked that we expect the Owner and Sitter not to agree to any further bookings after an initial complaint. As such, we will not consider any complaints resulting from further bookings between that particular Sitter and Owner.
Each Sitter should understand that their Services may be subject to statutory guarantees under the Australian Consumer Law. (including such State or Territory version as applicable in any jurisdiction in which such Services are provided). Nothing in these Terms will operate to exclude or limit the operation of those guarantees in any manner contrary to law.
The contact information and contact information on the Owner’s Profile is automatically sent to the Sitter before each Stay. Each Sitter acknowledges that he/she should be aware of that information and each Owner understands that the Sitter will rely on that contact information in the case the Owner needs to be contacted or in the case of an emergency. For this reason the Owner accepts to keep this information up to date at all times.
In case the Sitter reasonably considers that the Pet needs veterinary care, the Owner agrees that the Sitter will contact the Owner to receive instructions on whether medical assistance should be sought and if so, what kind of medical assistance should be sought and whether the Sitter can contact the veterinary contact provided by the Owner or in the absence of such contact information, a veterinary that the Sitter reasonably believes to be appropriate. The Owner also agrees that the Sitter can take all reasonable actions as recommended by the veterinary.
If an Owner and Sitter agree in writing (singed by both parties) on specific emergency procedures, the procedures will take precedence (unless agreed in writing to the contrary between the Sitter and Owner). Subject to the preceding sentence, each Owner agrees that each Sitter can seek medical assistance, as the Sitter, acting in good faith, considers reasonably appropriate, including without contacting the Owner.
In the case medical assistance has been sought, each Owner agrees to:
- Reimburse any reasonable costs incurred by the Sitter in getting medical assistance, subject to any amount agreed in writing (signed by both parties) between the Sitter and the Owner if such agreement exists.
- Indemnify the Sitter and Mad Paws and/or anyone acting with the authority of the Sitter or Mad Paws, from and against any liability that may arise in relation to the medical assistance
- Release and hold harmless the Sitter and Mad Paws and/or anyone acting with the authority of the Sitter or Mad Paws, from and against any liability that may arise as a result of failing to seek medical assistance in the case that doing so would be contrary to any agreements that have been made in writing between the Owner and the Sitter.
Each Owner authorises the Payment Gateway Provider to charge any such expenses, on our request. The Owner also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts are charged from the nominated bank or PayPal Account from the Owner using any credit card or PayPal details provided by the Owner.
Use of the Site
We expect all Users of the Site to use the Site in good faith and with respect for each other. What follows is a list of things that You should not do. You agree that failing to comply with the instructions of what not to do on this list may result in Your Account or access on or to the Site being suspended, terminated or cancelled. You should also understand that failure to comply may result in infringement of local, state, national and/or international law, in which case the result may be criminal prosecution and civil liability.
- Use or access the Site for commercial purposes
- Change, or copy any Content on the Site, for other purposes than updating Your Profile in good faith.
- Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Site;
- Use or access the Site with the intention to harm, or use that would likely result in damage of any way to any person, as can be reasonably foreseen by a reasonable person.
- Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Site or to avoid any payments that need to be made related to the Site in accordance to these Terms.
- Use the Site for any purpose that violates state, national or international laws. This also holds for any use of any Content on the Site 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 Site;
- 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 Site or monitor all or part of the Site or any Content contained on the Site (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 Site.
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 Site 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, in its sole discretion, inappropriate.
In order to create a fair and impartial representation of Mad Paws Service provision, each User agrees to actively engage in Mad Paw’s Feedback process and post their true and impartial Feedback after using Services. By Services, we mean:
- If the User is an Owner, Feedback should be given on each Sitter who’s Services the Owner used; and
- if the User is a Sitter, Feedback should be given on each Owner to whom the Sitter provided Services, as well as the Owner’s Pet.
In case You fail to do so, Mad Paws reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Site.
Users are also encouraged to add reviews of other Services that they have used or provided in the past.
Links to third party sites
The Site 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 Site, 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 cautions and take reasonable precautions to ensure that each such Site is free of viruses or other items of an intrusive nature.
Mad Paws provides public liability insurance and errors and omissions insurance for bookings that are made through the Site.
Below, we will specify the risks that are covered by the Insurance. Below we highlighted certain limits and conditions. A more extensive overview can be consulted at www.madpaws.com.au/insurance.
All claims are subject to the applicable policies as specified by relevant underwriters.
- Public Liability covers the Sitter’s legal liability for injury to third persons,
and for damage to property of third persons, caused by an animal under the Sitter’s care or custody. The limit of Indemnity provided for Public Liability Insurance is $10,000,000 for any one claim and in the annual aggregate. The corresponding deductible is $1,000.
- Errors and Omissions insurance covers the Sitter against the provision of negligent Professional Services during a Stay. This would arise from the failure to perform professional Services as a Sitter, including but not limited to, administering an incorrect measure of medication, or the incorrect medication to the animal during a Stay and related to professional care. The limit of Indemnity for Errors and Omissions is a maximum of $100,000 for any one claim and in the annual aggregate. The deductible is $1,000.
In case of a claim, we will endeavour to look at each situation and consider, at our own discretion and dependent on the specific situation, whether and if so how we can be of any support.
It is important to understand that the insurance does not cover the Sitter for the following:
- Damage to Sitter's personal property (such as damage to the Sitter's property or vehicles) or the Sitter’s medical expenses
- Injuries to the Sitter or Sitter's family caused by the pet
- Injuries to the pet of the Host
- Pet Sitter cannot have any criminal convictions in past 5 years (excluding traffic violations). We will ask about this in a phone call as part of the verification process. This information will be strictly used for insurance purposes only and will in no way be publically disclosed.
- Pets with any medical conditions requiring ongoing treatment must be referred to Mad Paws for approval
- Pets involved in a previous attack with another animal or human that required medical treatment
- Pets listed on the Dangerous / Menacing Dogs listing of relevant local council of Australia (see list below)
- Treatment of pre-existing veterinary conditions, illness or old age
- Stays or Services booked outside of MadPaws.com.au
- Damage or medical care required as a result of meet and greet appointments
- All Exotic Animals - i.e. animals other than dogs or cats
- Boarding Kennels; no commercially run boarding kennels will be covered.
- Reduction in Value; this policy does not cover for the 'value' of any pet’s 'show' value.
- Breach of professional duty; such as not following the Mad Paws Rules or walking an animal off a leash in an area where this is reasonably considered not to be suitable.
Please note that for our free insurance to be valid, the Pet Owner should report any medical conditions and/or medication requirements your pet may have under the tab "Care Instructions" in the pet's profile.
List Of Dangerous / Menacing Dogs
Pit Bull Terrier
Basset Griffon Vendeen
American Staffordshire Terrier
Bouvier des Flandres
Toy Fox Terrier
South African Boerboel
This above list will extend to cover any cross breed of the above pure breed dogs varieties noted.
IMPORTANT: to protect Sitters, dogs on this list are excluded from any Services listed on the Site, except under special consideration, which should be explicitly requested to Mad Paws by contacting us at email@example.com.
The insurance policy applies to the following services that are booked through the Site: boarding, dog walking, cat care, bathing & grooming and transportation. With respect to transportation, pets should be suitable secured and the motor vehicles should be roadworthy and compliant with local laws.
For more information we advise you to contact Mad Paws via firstname.lastname@example.org to read the Policy Schedule and Policy Wording as in regards to the specific coverage afforded by the Insurer in the event of an incident.
Each User acknowledges that the Insurance does not apply in the case that the User has not strictly complied with these Terms.
This Insurance is void in any jurisdiction where prohibited.
Mad Paws will in good faith decide whether or not the User has complied with the requirements as described in these Terms and whether to allow any claim. The Insurance will only apply to the extent that the User’s is/are unable to claim or is denied to claim any other insurance policy that the User may have. Each User accepts to provide any information to Mad Paws or the insurance providers regarding any claim. This includes any other insurance policies the User may have.
The Insurance does not imply any additional rights or claims to Users. Furthermore, the Insurance does not create any rights or claims for Users against 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 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 or injury to family members.
Each User recognises that home Pet sitting / home Pet boarding is not an appropriate solution for all Pets. Each User agrees that it is the Owner’s sole responsibility to decide whether or not Mad Paws is a suitable solution for its Pet and to select an appropriate Sitter. Mad Paws does not guarantee or makes no representations or warranties regarding the accuracy of Feedback comments or ratings on Sitters, nor the quality, security or positive features of the Sitter or the Sitter’s home.
Mad Paws is not a party in any agreement or transaction between each Sitter and Owner. As a result, Mad Paws cannot verify or authenticate any claims made by the Sitter or the Sitter’s Profile. This includes insurance coverage held by the Sitter or any medical certifications. Each Owner and Sitter must share with each other all relevant information when discussing and providing Services. This includes any medical issues, allergies or other conditions, about any relevant persons or animals that may be involved in the Services.
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 Site or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the 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 Site, all Content and 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 Site and Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and Services, reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or Services of Third Party Service Providers and any persons or businesses referred to on the Site, 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 Site or provision of the Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the Mad Paws entities has control over the transfer of data over communications facilities, including the internet, and that the Site and 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 paragraph will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each 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 us to limit liability in this manner:
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
the repair of the goods;
the payment of the cost of having the goods repaired.
the payment of the cost of replacing the goods or of acquiring equivalent goods;
the replacement of the goods or the supply of equivalent goods;
Each Mad Paws entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Site or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.
To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Site or the Services related to the Site, 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 Site or the Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising from boarding / sitting an animal that may not be familiar with and accustomed to any persons (including minors) or property to whom such animal may be exposed.
Sitters have the option to donate a portion of their profits gained as a Mad Paws sitter to a charity of their choice. If a sitter opted for this option, MadPaws.com.au will transfer 100% of the allocated earnings to the chosen charity(s). This is not tax-deductible. Mad Paws will not reveal your identity and the charity recipient(s) will not send a receipt to you for this donation.
Termination and Account Cancellation
If you breach these Terms, Mad Paws reserves the right to suspend or terminate your contract at any time without prior notice. If you are awaiting delivery of services, Mad Paws reserves the right to cancel the delivery. 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 Site, and (b) deactivate or cancel Your Mad Paws Account or registration or similar uses of the Site. 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.co.nz. However, it is important to note that You are personally liable for any orders, Listings or pending transactions that You place or charges that You incur prior to Your termination/cancellation. Please note that if Your Mad Paws Account is cancelled, we do not have an obligation to delete or return to You any Content You have posted on or to the Site.
Intellectual Property Rights
All images/ graphics, information, text, material, software and ads on the Website are Copyright (c) of Mad Paws Pty Ltd, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on this website without the prior written consent of Mad Paws. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.
You must not modify, copy or distribute the Website Content in any way except as expressly provided for on the website or expressly authorised in writing by Mad Paws. The same goes for republishing, reproducing, distributing, performing, displaying, posting, transmitting, downloading the Content. You may use the content of this Website only for the purpose of using the Services of Mad Paws and for no other purpose. The content of the website is protected by Australian copyright and trade mark laws.
In order for us allowing You to post User generated Content to the Site, 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.
Mad Paws and the Mad Paws logo are trademarks of Mad Paws Pty Ltd.
Information on the Site, personal information and confidentiality
Mad Paws attempts to maintain the accuracy and integrity of the information on the Site, and tries to moderate User-generated Content such as User ratings. However, Mad Paws does not guarantee its correctness, accuracy or completeness. The Site 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 Site without our knowledge or consent. Mad Paws disclaims all liability for any unauthorised alterations to the Site, to the maximum extent permitted at law. If You believe that information found on the Site is unauthorized, inaccurate or incomplete, please inform us by sending an e-mail to email@example.com.
Without limiting the foregoing, each Sitter agrees that the Site may provide its address on a map available to the public. However, Mad Paws will endeavour to do so in a way that limits and reduces the accuracy of an address to such an extent that it will be extremely hard to locate any Sitters.
Each User is responsible for maintaining his/her Account information and password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.
Sitters must, on reasonable request by the Owner and Mad Paws, provide photo updates of the Stay via mobile pictures, email, or public Sites. Failure to do say may result in Your Account or access to all or part of the Site being suspended, cancelled or terminated.
Mad Paws occasionally shares User generated Content with Users and the public. This includes photos. You agree that Mad Paws is allowed to, at its sole discretion, publish such Content on the Site and across social media including Facebook, Twitter, Pinterest, and similar Sites.
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 Site. Any dispute arising out of Your use of the Site, 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.
Please visit our Contact page to contact us or to find our address details.
In these Terms:
“Account” means a record of information about a person created when this person completes the registration process on the Site;
“Content” means text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials;
“Fee” means the dollar amount charged by Mad Paws and payable to Mad Paws on each transaction between each Sitter and Owner;
“Sitter” means a person who registers a Mad Paws Account and creates a Listing via the Site to provide a Service;
“Insurance” means the specific public liability insurance and errors and omissions insurance organized by Mad Paws with the aim to protect Sitters from certain liability that may arise as a result of accommodating and providing services for pets, subject to limitations and deductibles outlined in these Terms and on our insurance page: www.madpaws.com.au/insurance;
“Listing” means a Service that is listed by a Sitter via the Site;
“Owner” means a person who completes Mad Paws’ Account registration process and searches for and/or books Services via the Site;
“Payment Gateway” means the application provided on the Site that authorizes credit card payments and for receiving payments for bookings made through the Site;
“Profile” means that part of the Account that is visible to Users;
“Provider” means either or both Sitters and Owners, as introduced by the context;
“Service” means dog-related Services provided by Sitters;
“Site” means the MadPaws.com.au Site, related mobile applications or substitutes;
“Stay” means the days and nights during which a Sitter looks after a Pet, in his/her house or the house of the Owner.
“Third Party Providers” means 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);
“User” means a person who creates an Account on the Site;
“Withholding Period” means the 48 hours commencing after the Sitter has completed the provision of the Services;
“You” means a person who accesses or uses the Site, whether or not as a User, Sitter, Owner or Provider; and
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:
1. a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or
2. a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation;
3. any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or
4. this or any other document includes the document as varied;
5. writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form;
6. a clause is a reference to a clause of this Agreement.