Terms of Service
1. Acceptance of Terms; Modifications.
BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE PAW LIFE SERVICE WITHOUT AN ACCOUNT (whether or not you register as a User), YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PAW LIFE SERVICE IN ANY WAY, INCLUDING WITHOUT LIMITATION TO CONTACT, COMMUNICATE WITH, OR OTHERWISE OBTAIN INFORMATION FROM USERS VIA THE PLATFORM.
By accepting these terms, you understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17 below) when we post the modified Terms on the Paw Life Service, unless otherwise required by applicable law. Your continued access and use of the Paw Life Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2. Paw Life Service
2.1. Nature of the Paw Life Service.
The Paw Life Service consists of a desktop Web application, Mobile applications, and other related tools, support and services that Pet Parents and providers of pet-related services (“Pet Professionals”) can use, to find, communicate with and interact with each other. The Paw Life Service includes our emergency support services, educational materials for Pet Parents, and other services. We charge fees for some aspects of the Paw Life Service, as described below in Section 9. By accepting these terms, you agree to pay the Fee and to respect these Terms.
2.2. Paw Life does not provide Pet Professional Services.
Paw Life is a neutral venue for Pet Professionals and Pet Parents to safely transact. Paw Life is not a Pet Professional and, except for emergency phone support and other resources and support specifically described in the Paw Life Service, does not provide pet care services. We make no representations or warranties about the quality of pet boarding, pet sitting, pet grooming, dog parks, pet day-care, dog training or other services provided by Pet Professionals (“Pet Care Services”), or about your interactions and dealings with users. Pet Professionals listed on Paw Life are not under the direction or control of Paw Life, and Pet Professionals determine in their own discretion how to provide Pet Care Services. Though we provide general guidance on our Site to Pet Professionals about safety and pet care and to Pet Parents about selecting and engaging Pet Professionals, Paw Life does not employ Pet Professionals or Pet Parents, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Pet Professionals or Pet Parents, whether online or offline. You acknowledge and agree that Paw Life is not party to any agreements between Pet Professionals and Pet Parents. Paw Life has no control over and is not responsible for, the actions or omissions of Pet Professionals, Pet Parents, Pets or any other users of the platform or Pet Services. Paw Life disclaims any and all liability in this regard to the maximum extent permitted by law. You should exercise caution and use your independent judgment before engaging a Pet Professional, providing Pet Care Services, or otherwise interacting with users via the Paw Life Service. Pet Parents and Pet Professionals are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Paw Life Service is responsible for keeping current his or her own pet’s vaccinations, tick and flea and deworming treatment, and we will have no liability for anyone’s failure to vaccinate or treat his or her pet.
Subject to Section 16 below, our liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Pet Professionals and Pet Parents, whether online or offline is limited to the maximum extent permitted by law. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4. Transactions are between Pet Parents and Pet Professionals
The Paw Life Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Paw Life Service are between Pet Parents and Pet Professionals. Except for the limited refunds specified in Section 9.6 you agree that Paw Life has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Paw Life Service. Pet Parents are to ensure they familiarise themselves with the liability disclaimers of Pet Professionals when assessing the compatibility of the Pet Professional to your pet.
Pet Parents and Pet Professionals transact with each other on the Paw Life Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Paw Life Service (a “Booking”). A Booking may be initiated by either a Pet Professional or a Pet Parent by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. If you are a Pet Parent and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Pay Now”. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honour the price and other terms of that Booking, as acknowledged in the Booking confirmation.
2.6. Pet Parents are Solely Responsible for Evaluating Pet Professionals
Pet Parents are solely responsible for evaluating the suitability of Pet Professionals for the services they offer to provide. Please visit the Paw Life website for guidance about making informed decisions about engaging Pet Professionals. Paw Life does not warrant that any Police Clearance certificate submitted by a Pet Professional or Background check provided by a third party is accurate, complete, conclusive or up to date. Similarly, Paw Life does not endorse reviews of Pet Professionals by other Pet Parents that may be available via the Paw Life Service, and Paw Life makes no commitments that such reviews are accurate or legitimate. Pet Parents are solely responsible for choosing the right Pet Professional for their pet.
2.7. Abandoned Pets; Re-homing
Pet Parents who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that Paw Life (or the Pet Professional) may, in its (or his or her) sole discretion, place the pet in foster care, a shelter or similar or find other alternate care and may notify the relevant authorities. The Pet Parent agrees to reimburse Paw Life and/or the Pet Professional for all costs and expenses they may incur arising directly or indirectly from the Pet Parent failing to retrieve the relevant Pets with respect to any Booking of the Pet Parent. Further, Paw Life expressly reserves the right, in its sole discretion, to remove a Pet Parent’s pet from a Pet Professional’s care should Paw Life deem it necessary for the safety of a pet, the Pet Professional, or any persons living with the Pet Professional. Prior to removing a pet from the care of a Pet Professional, Paw Life will use reasonable efforts during its normal business hours to contact the Pet Parent and/or the Pet Parent’s emergency contact (if provided) to arrange alternative care. Should Paw Life not be able to contact the Pet Parent or the emergency contact, Paw Life will use its best judgment to find alternative care for the pet until the Pet Parent is able to retrieve his/her pet. If you are a Pet Parent, you authorise your pet’s veterinarian(s) to release your pet’s veterinary records to Paw Life in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Paw Life in connection with such transfer.
We recommend that Pet Parents ENSURE THE MOST UP TO DATE CONTACT INFORMATION IS ON THEIR PAW LIFE PROFILE. This will allow the Pet Professionals to access the contact information easily and thus able to reach the Pet Parent in the event medical care for a pet becomes necessary. Each User acknowledges and understands that such contact information will be relied upon in the event that Paw Life, a Pet Parent or a Pet Professional (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 Pet Parent or Pet Professional you engage using the Paw Life Service is provided with and aware of such contact information.
In the event a Pet Professional, in carrying out Pet Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Pet Professional’s care, the Pet Professional must immediately contact the relevant Pet Parent using the contact information provided by the Pet Parent on the Paw Life Site. In such case, the Pet Parent agrees to respond to such communication from the relevant Pet Professional and to provide instructions as to how the Pet Professional should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Pet Professional can contact the veterinary contact provided by the Pet Parent or in the absence of such contact information, a veterinarian that the Pet Professional 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 Pet Professional 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 Pet Parent 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 Pet Professional, the Pet Professional must immediately notify the Pet Parent, all emergency contacts provided by the Pet Parent pursuant to the relevant Booking, and Paw Life on 083 795 2206. The Pet Professional must provide all relevant details of any emergency so that the Pet Parent or the Pet Parent’s emergency contact can determine which veterinary care is required or how to proceed with veterinary care where it has already been started in an emergency situation. In the event that the Pet Professional is unable to contact the Pet Parent or the Pet Parent’s emergency contact, Paw Life will take reasonable efforts to contact the Pet Parent or their emergency contact and notify them of the situation through contacting the emergency contact as provided by the Pet Parent on the Paw Life profile. It is the responsibility of the Pet Parent to contact Paw Life, if Paw Life has made efforts to inform the Pet Parent of the current situation.
If the Pet Parent or the Pet Parent’s emergency contact cannot be contacted in event of an emergency, the Pet Parent authorises the Pet Professional and/or Paw Life 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. In such case, you also authorise your pet’s veterinarian(s) to release your pet’s veterinary records to Paw Life.
If your Pet Professional (or Paw Life) reaches you with a request to authorise medical care for your pet and you refuse, you release the Pet Professional and Paw Life for any injury, damage, death or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available.
Without limiting the above, if a Pet Parent and a Pet Professional agree in writing as to the procedure to be followed in the event of an emergency, the Pet Professional must use best endeavours to comply with such directions. This notwithstanding, each Pet Parent agrees that the Pet Professional can seek veterinary care or other medical assistance, as the Pet Professional, acting in good faith, considers reasonably appropriate, including in the event that the Pet Parent cannot be contacted.
In the event that the Paw Life and/or a Pet Professional obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Pet Parent must:
except to the extent that the Pet Parent and the Pet Professional have agreed otherwise in writing, indemnify the Pet Professional for any and all reasonable costs, expenses and liabilities incurred by the Pet Professional in connection with the relevant veterinary care or medical assistance;
indemnify Paw Life and any authorised representative of Paw Life, from and against any cost, expense or liability incurred by Paw Life or their authorised representative in connection with the relevant veterinary care or the medical assistance; and
release and hold harmless Paw Life and their authorised representatives, from and against any liability that may arise (whether under contract, tort, statute or otherwise) as a result of the Pet Professional failing to seek veterinary care or medical assistance in respect of a Pet.
Each Pet Parent agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Pet Parent’s Pet under a Booking will be charged directly to the Pet Parent’s credit card or other account. The Pet Parent also authorises 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 other account of the Pet Parent using any credit card or other account details provided by the Pet Parent.
Pet Professionals agree to immediately contact Pet Parents in the event such care becomes necessary or, if the Pet Parent is not available, to contact Paw Life at the applicable telephone number or email address listed in the table at the end of these Terms. If you are a Pet Parent, you hereby authorise your Pet Professional and Paw Life to obtain and authorise the provision of veterinary care for your pet if you cannot be reached to authorise care yourself in an emergency situation. In such case, you also authorise your pet’s veterinarian(s) to release your pet’s veterinary records to Paw Life. If your Pet Professional reaches you with a request to authorise medical care for your pet and you refuse, you release the Pet Professional and Paw Life for any injury, damage, death or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available. Pet Parents are responsible for the costs of any such medical treatment for pets and, if you are a Pet Parent, you hereby authorise Paw Life to charge your credit card or other payment method for such costs. Paw Life strongly recommends that all Pet Parents have adequate pet insurance to cover the costs of veterinary care.
2.9. Consultation Services
Paw Life may offer Pet Professionals phone, chat, or email advice services to provide an educational resource for decisions you make about pets in your care. If you use these advice services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. Disclaimer: As far as possible we have taken due care to ensure that the information and advice given is correct. It must, however, be realised that advice can differ in different circumstances. We can therefore accept no responsibility for errors and suggest seeking direct professional advice whenever there is any doubt.
3. Compliance with Applicable Law.
Articles on this Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
By accessing and using the Paw Life Service, you certify that you: (1) are at least 18 years of age, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Paw Life Service.
For Pet Parents, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Pet Professionals (and that such policies will benefit third parties, including Pet Professionals, to the same extent they benefit you).
For Pet Professionals, this includes that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses and permits necessary to legally provide Pet Care Services; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.
You acknowledge that Paw Life is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations and will not be liable for a user’s failure to do so.
4. Use of the Paw Life Service; Suspension of your Paw Life account.
4.1. Your Conduct on the Paw Life Service
When you use the Paw Life Service, you agree:
To use the Paw Life Service only in a lawful manner and only for its intended purposes.
Not to use the Paw Life Service to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, reptiles, horses or other livestock; (b) any animal whose Pet Parentship or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, aggression towards or attacks on pets or people.
Not to submit viruses or other malicious code to or through the Paw Life Service.
Not to use the Paw Life Service or engage with other users of the Paw Life Service, for purposes that violate the law.
Not to use the Paw Life Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Paw Life Service.
Not to use the Paw Life Service for purposes of competing with Paw Life or to promote other products or services.
Not to post reviews about Pet Professionals that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorised commercial communications.
To use the Paw Life Service only for your own purposes, and not to impersonate any other person.
Not to transfer or authorise the use of your account for the Paw Life Service by any other person, or to engage in fraudulent transactions.
Not to provide false information in your profile on, or registration for, the Paw Life Service, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the Paw Life Service.
Not to solicit another user’s username and password for the Paw Life Service or any other sensitive personal information, including bank details.
4.2. Suspension and Termination
You understand and agree that we have no obligation to provide the Paw Life Service in any specific location or province, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Paw Life Service: (1) if in our discretion your conduct on the Site or Paw Life Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary, in our discretion to protect Paw Life, its users, pets, or the public. You may suspend or terminate your use of the Paw Life Service at any time and for any reason. If you wish to deactivate your account, please contact Paw Life at firstname.lastname@example.org
5. Registration; Your Account Security
In order to use some aspects of the Paw Life Service, you will be required to create a username, password, and user profile. If you elect to use the Paw Life Service, you agree to provide accurate information about yourself and your pet/s and keep this information up to date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Paw Life suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Paw Life Service. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorised use of your account.
7. Your Content
7.1. Your Content
We will require or allow you to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Paw Life Service or otherwise in connection with using the Paw Life Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Pet Professionals are invited to create a profile page with photographs and other information and to transmit photos of the dogs under their care to Pet Parents, while Pet Parents may upload photographers or submit reviews of Pet Professionals.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Paw Life and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4. Your Representations and Warranties about Your Content
You represent and warrant that (1) you are the Pet Parent or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5. Right to Remove or Screen Your Content
Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Paw Life Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is solely your responsibility to maintain backup copies of Your Content.
The Paw Life Service will provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Paw Life has no obligation to preserve or indefinitely store any reviews. If you are a Pet Professional, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Paw Life Service, whether before or after termination of your account for the Paw Life Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Paw Life Service at any time.
8. Phone, Text and Mobile Communications.
8.1. Phone Number Changes
In the event you deactivate a mobile phone number or email address provided to us, you agree to update your Paw Life account information promptly to ensure that messages are not sent to the person who acquires your old number.
9. Fees & Payment.
All fees, deductible amounts and other payments referenced on, or charged through, the Paw Life Service are listed and payable in South African Rand (ZAR).
9.2. Fees for Pet Parents
Pet Parents may purchase Pet Care Services from a Pet Professional by completing a Booking as described in Section 2.5. If you are a Pet Parent, you enter into a transaction with the Pet Professional when you Confirm Date/s, select Add-ons, and Pay Now, you agree to pay the total fees indicated in the Booking. Except where otherwise specifically indicated on the Paw Life Service, fees for Pet Care Services are determined by Pet Professionals. As described in Sections 9.3 and 9.4, the total amount Pet Parents are charged for a Booking may also include a service fee payable to Paw Life. Where required by law, the amount charged will also be inclusive of applicable taxes. The Pet Professional and NOT Paw Life, is responsible for performing the Pet Care Services.
9.3. Fees for Pet Carers
After Pet Parents completes a Booking as described in Section 2.5, Pet Professionals automatically agree to provide Pet Care Services to a Pet Parent. If you are a Pet Professional, you are responsible for ensuring your availability is accurate on the Paw Life Service. Once the Booking is completed by both parties, you agree to honour the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Parent and the Pet Professional. Paw Life ‘s role is to facilitate the transaction. We will (either directly or indirectly through an authorised third party) collect payment from the Pet Parent at the time of Booking and (except to the extent of any payment hold pursuant to Section 9.7) initiate payment to the Pet Professional’s account within 24 hours after receiving a withdrawal request through the Paw Life Service. Withdrawal available balance will be updated after you’ve marked a booking as complete Pet Professionals are charged a service fee as described in Section 9.4, which Paw Life will deduct before remitting payment to Pet Professionals. Where required by law, the amount charged will also be inclusive of applicable taxes.
9.4. Service Fees
We charge service fees for some aspects of the Paw Life Service. If you are a Pet Professional, except where otherwise specified via the Paw Life Service, our service fee is calculated as a percentage of the fees a Pet Parent agrees to pay to you in a Booking. We deduct this service fee from the amounts paid by the Pet Parent. Our Service fee policy is described here.
9.5. Late Fees and Additional Charges
If you are a Pet Parent, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Paw Life from any additional costs and expenses we or the Pet Professional incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.
9.6. Cancellations & Refunds
Cancellations by Pet Professionals. In order to cancel a Booking, the Pet Professional must make use of the cancellation mechanism on the Paw Life Service and notify Paw Life in writing at email@example.com. The Pet Professional is required to immediately inform both the relevant Pet Parent and Paw Life about the cancellation of the Booking in writing. Cancellations by Pet Professionals are taken very seriously. Paw Life will review each Pet Professional cancellation on a case-by-case basis and Paw Life reserves the right to suspend or terminate the Pet Professional’s Account and/or access to the Platform in Paw Life’s absolute discretion. It is the responsibility of each Pet Professional to only accept those Bookings that the Pet Professional can commit to. For this reason, Paw Life highly recommends all Pet Parents and Pet Professionals make use of the ‘Contact’ Pet Professional functionality before the Pet Professional accepts and agrees to commit to the Booking. Without limiting the above, if a Pet Professional cancels 3 (three) or more paid Bookings over a 12-month period this will result in immediate account suspension. If a Pet Professional cancels a booking, we’ll give the Pet Parent a refund and deduct a 10% penalty fee of the cancelled Booking from the Pet Professional’s Paw Life Wallet. We’ll also help the Pet Parent to find a replacement Pet Professional. If the booking is cancelled by the Pet Professional due to a lack of information or cooperation from the Pet Parent, then the Pet Parent will have to cover administrative costs and transaction fees incurred by the booking and cancellation process.
Cancellations by Pet Parent. If a Booking is cancelled more than 24 hours prior to service period specified in a Booking, the Pet Parent will receive a full refund of the Pet Service fee. Refunds are processed on weekdays only, excluding public holidays. If the cancellation occurs less than 24 hours prior to the service period specified in a Booking, then the Pet Parent will forfeit the full Pet Service fee. For more information about cancellation policies, visit the Cancellation Policy Page.
Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Pet Professionals and/or Pet Parents that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from wildfire, flood, earthquake, hurricane, war, riots or other similar disaster. In such cases Paw Life may, in its reasonable discretion, issue refunds.
Refunds for Failure to Perform. IIf we determine in our reasonable discretion that a Pet Professional has failed to provide Pet Care Services as agreed with the Pet Parent or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Parent. If a Pet Parent is extremely unhappy with the service that was provided by the Pet Professional they booked, or if an incident occurs during a booking, the Pet Parent can submit a claim for a refund. However, to be eligible for a refund, the following criteria need to be met:
The Pet Parent and Pet Professional must have met before the Booking started,
The Booking must have been paid for through the Paw Life website,
The Pet Parent must have left a poor review for the Pet Professional on Paw Life.
The claim must be reported via email to firstname.lastname@example.org within 48 hours after completion of the service period indicated in the Booking.
The claim, at Paw Life's discretion, will be validated and reviewed. Pet Parents and Pet Professionals will be notified of the claim’s progress.
General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Paw Life Service to do so. For purposes of the Policies and Terms in this Section 9.6, the date of cancellation is the date that a user cancels through the Paw Life Service, regardless of any separate communications between users outside of the Paw Life Service.
Payment Disputes. Payment disputes must be lodged via email to email@example.com within 48 hours after completion of the service period indicated in the Booking. After 48 hours from the end of the Booking, any further payment disputes are between the Pet Parent and Pet Professional, and Paw Life has no obligation to mediate or facilitate any resolution. Further, Paw Life has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Paw Life Service.
9.7. Payment Holds.
If you are a Pet Professional, Paw Life reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Paw Life, the Paw Life community or third-party rights. We may also recommend that third party payment Pet Professionals restrict your access to funds in your account under the same circumstances.
9.8. Authorisation to Charge.
When you pay for Pet Care Services or for other services on the Paw Life Service, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. You authorise us to charge your credit card or other payment method for fees you incur on the Paw Life Service as they become due and payable, and to charge any alternative payment method Paw Life has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Paw Life nor the Pet Professional will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Paw Life Service are non-refundable once paid.
Except for taxes on Paw Life’s income and gross receipts or where Paw Life is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Pet Care Services via the Paw Life Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Paw Life Service.
10. Background Checks and Identity Verifications.
Background checks aren’t the only factor to consider when deciding whether a Pet Professional is suitable as they don’t guarantee that a person won’t break the law in the future. Therefore, Paw Life does not provide, and are not responsible or liable in any manner for, the Police clearance certificates, Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Police Clearance certificates, Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Police Clearance Certificates, Background Checks or Identity Verifications. We do not independently verify information in the Police Clearance Certificates, Background Checks or Identity Verifications.
If you undergo a Background Check or Identity Verification via the Paw Life Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Paw Life may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Pet Professional, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. Paw Life reserves the right to suspend or terminate your access to the Paw Life Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in Paw Life's sole discretion.
Pet Parents remain fully responsible to evaluate and investigate their Pet Professionals. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Paw Life does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many instances there may be a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanours or felonies.
11. Copyright Infringement
If you believe in good faith that your copyrighted work has been infringed by content posted on the Paw Life Service, please provide Paw Life with a written notice that includes all of the following information:
A description of the copyrighted work you believe to have been infringed;
A description of the URL or other location on our Site of the material you believe to be infringing;
Your name, mailing address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorised by the copyright Pet Parent, its agent, or the law;
A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright Pet Parent or authorised to act on the copyright Pet Parent’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the copyright Pet Parent.
Paw Life can be reached at: firstname.lastname@example.org
12. Third Party Services, Links
The Paw Life Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PAW LIFE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO: (1) transactions and interactions, online or offline, with other users of the Paw Life Service; (2) breach of these Terms; (3) disputes with other users of the Paw Life Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
14. Intellectual Property
14.1. Paw Life Service
Paw Life and its licensors retain all right, title and interest in and to the Paw Life Service, the technology and software used to provide it, all electronic documentation and content available through the Paw Life Service (other than Your Content), and all intellectual property and proprietary rights in the Paw Life Service and such technology, software, documentation and content. Except for your rights to access and use the Paw Life Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Paw Life Service any feedback or suggestions for improvement that you provide to us concerning the Paw Life Service, without any obligation of compensation.
14.2. Paw Life Trademarks
Paw Life owns all rights in and to its trademarks, service marks, brand names and logos (the “Paw Life Brand Elements”). If you are a Pet Professional, Paw Life grants you, for so long as you are in good standing on the Paw Life Service, a limited, revocable, non-exclusive, non-transferable license to use the Paw Life Brand Elements solely: (1) in any other manner specifically authorised in writing via the Paw Life Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Paw Life Brand Elements inures solely to the benefit of Paw Life, and (2) such license immediately terminates upon your ceasing to be a Pet Professional in good standing, whether at your own option or because Paw Life suspends or terminates your rights to use the Paw Life Service.
15. Warranty Disclaimer for the Paw Life Service
The information and materials found on the Paw Life Service, including text, graphics, information, links or other items, are provided “as is” and “as available.” Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Paw Life Service, but not directly by Paw Life, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAW LIFE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PAW LIFE SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PAW LIFE; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PAW LIFE SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAW LIFE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PAW LIFE SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY PET PROFESSIONAL THAT OFFERS PET CARE SERVICES VIA THE PAW LIFE SERVICE.
16. Limitation of Liability
16.1. Exclusion of Certain Types of Damages
To the maximum extent permitted under applicable law, in no event will Paw Life be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Paw Life Service, including without limitation damages related to any information received from the Paw Life Service, removal of your profile information or review (or other content) from the Paw Life Service, any suspension or termination of your access to the Paw Life Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Paw Life Service, even if we are aware of the possibility of any such damages, losses or expenses.
16.2. Limit on Our Liability to You
EXCEPT FOR THE REFUND AMOUNTS PAYABLE BY PAW LIFE THAT ARE SET FORTH IN SECTION 9, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PAW LIFE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PAW LIFE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PAW LIFE (SPECIFICALLY EXCLUDING AMOUNTS PAID TO PET PROFESSIONALS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID PAW LIFE FOR THE USE OF ANY SERVICES, THE AMOUNT OF ONE HUNDRED RAND (R100.00) WILL BE CHARGED TO YOU.
16.3. No Liability for non-Paw Life Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAW LIFE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PAW LIFE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PAW LIFE SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PAW LIFE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A PET PROFESSIONAL OR PET PARENT, YOU AGREE TO RELEASE PAW LIFE FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT TO THE EXTENT STATED IN THE PAW LIFE GUARANTEE. IN NO EVENT WILL PAW LIFE BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET PARENT OR PET PROFESSIONAL FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Nothing in this Agreement will be construed as making either party the joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorised in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.