Terms & Conditions
CareToPets (hereafter referred to as "CareToPets", "CareToPets.com", "we", "us", or "our") provides an online platform that connects pet owners with pet lovers who wish to host their dogs or cats in their home and/or offer, home visitis or dog walking services (collectively, the "Services"). These services are offered at CareToPets.com (the "Site"). By using the Site you agree to comply with and be legally bound by these Terms and Conditions ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and all Content (defined below), and constitute a binding legal agreement between you and CareToPets. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and should not use the Site.
The Site is operated by CARETOPETS LTD, registered in the UK with company number 11124428 and Postal address: 86 Paul Street, 3rd Floor, London, England, EC2A 4NE.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PET SITTERS (DEFINED BELOW) MAY CREATE LISTINGS FOR SERVICES (DEFINED BELOW) AND MEMBERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK PET RELATED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CareToPets IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PET SITTERS AND PET OWNERS - PET OWNERS CONTRACT FOR SERVICES DIRECTLY WITH PET SITTERS. CareToPets HAS NO CONTROL OVER THE CONDUCT OF PET SITTERS, PET OWNERS, PETS, OR ANY OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIM ALL LIABILITY IN THIS REGARD.
"CONTENT" means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.
"PET SITTER" means a Member who creates a Pet sitter profile (Listing) via the Site, also called "SITTER"
"MEMBER" means a person who completes CareToPets's account registration process (sign up or similar), also called "USER" members could be pet sitters or pet owners or both.
"SERVICES" means any services offered on the Site, including but not limited to home pet boarding, pet-sitting, dog walking, home visits and pet day care.
"SITE" means the entirety of the CareToPets.com website, related websites and mobile applications.
"THIRD PARTY PROVIDERS means CareToPets's third party agents, contractors, distributors, merchants or sponsors.
Access and Compliance
By accessing the Site, you agree to be bound by the Terms all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Site to be aware of modifications. Continued access or use of the Site shall be deemed conclusive evidence of your acceptance of the modified agreement.
Information on the Website
Although DogSurf attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge or consent. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us via DogSurf.
Your Information, Photos and Videos
As part of the Services CareToPets occasionally shares photo updates of guest pets and resident pets with Site users and the public. You agree that CareToPets may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Twitter, Pinterest, and similar sites.
You hereby represent and warrant to CareToPets that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for CareToPets or cause CareToPets to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Pet Stting Rules and Conduct
Each Pet Sitter must ensure:
- that animals will at all times be kept in accommodation suitable as respects construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness;
- that animals will be adequately supplied with suitable food, drink and bedding material, adequately exercised, and (so far as necessary) visited at suitable intervals;
- that all reasonable precautions will be taken to prevent and control the spread among animals of infectious or contagious diseases, including the provision of adequate isolation facilities;
- that appropriate steps will be taken for the protection of the animals in case of fire or other emergency;
- that a register be kept containing a description of any animals received into the establishment, date of arrival and departure, and the name and address of the owner, such register to be available for inspection at all times by an officer of the local authority, veterinary surgeon or an authorized veterinary practitioner
- the number, breed and size of animals hosted should depend on local regulations as well as any health and safety standards required to provide boarding services.
- to ask details from the pet owners regarding the pet's routine, preferences, reactions to other animals, allergies and follows these details as closely as possible.
- to provide accurate details about his/her experience and boarding space
- to treat the animal in his care with respect, without harm and ensures that no cause demages in teh pet owners home
- to follow and conform to the Communication Clause (see section)
- CareToPets, through its proprietary network of Pet sitters arranges for the provision of the Services to Members, including, but not limited to temporary pet boarding, dog day care, home visits and dog walking, in the comfort of the Pet Sitter's or the Member’s private residences.
- As a Pet Sitter, you may create a listing, and will be asked detailed information about your place, pets (if relevant) and experience. You may set the pricing and terms for your services within the parameters permitted by the Site. CareToPets charge a Service Fee of 15% to the Pet Sitter for a first booking with a new Owner, and 10% for recurring customers or bookings larger than 500 RON, to cover the costs of marketing, payment processing, Site administration and support. As a Pet Sitter, you contractually agree that the first and all future bookings with a client from CareToPets will be booked via the site or by our customer support. If you book with any client outside of the Site you have to pay an introduction fee of 50 RON per client payable to CareToPets.
- As a Pet Owner, you may book Services through the Site. CareToPets charges a Trust and Safety fee, added to the value of the booking (determined at our sole discretion) that will be presented to the Member during the booking process. The Pet Sitter will be given 48h hours to respond to the booking request or the booking request may be automatically cancelled. If the Pet Sitter accepts the booking request, the pet owner has to pay a booking fee to see contact details and then, the full amount of the Service has to be paid with a credit card online. CareToPets will transfer the payment (less Service and Booking Fee) to the bank account detailed by the Pet Sitter after the booking is completed.
- As a Pet Owner you have to pay a 10 RON Advance in order to keep the booking active and see the contact details of a pet sitter who confirmed your booking request. In case the pet owner has to cancel the booking, the advance will be considered trust and safety fee and will not be refunded.
- As a Pet Sitter, we will deduce the service fees from the booking paid online and the service fees relataed to bookings paid in cassh. For bookings paid in cash, the comission must be paid online or throuh bank transfer. CareToPets reserves the right to deactivate a pet sitter that has not paid the services fees.
- Pet Sitters are responsible for declaring and paying the income taxes, related to revenue made from completed pet sitteing booking, made through CareToPets
- As a Pet Sitter, CareToPets reserves the right to deactivate your accoount for non-confirming with the rules or Communication Clauses (see below), without prior notice, with the possibility to pay a 50 RON to activate your profile.
By agreeing to our Terms & Conditions, both Pet Stters and Members are also assuming the responsibility of clear and frequent communication.
For Pet Sitters this includes:
- Responding to Direct Booking requests within 48 hours (after that unanswered requests will expire and CareToPets reserves the right to cancel the booking and deactivate the pet sitter profile)
- Responding to a Public Pet Sitting Request with a price offer, only if he/she has availability
- Exchanging contact details (email, phone, social emdia profiles) is prohibited and CareToPets reserves the right to deactivate the pet sitters profiles of those that don't comply
- Being available to communicate with the Member from the moment a booking with that Member is confirmed via our web applications. Or via phone after the pet owner has paid the booking fee/ advance payment. Specifically,
- Being available for a “Meet and Greet” before the booking commences, if a Member requests so. If a Pet Sitter refuses a “Meet and Greet” that a Member has requested, CareToPets reserves the right to cancel the booking, fully refunding the Member.
- Sending photo and video updated to pet owner during the time the pet is in his/her care
For Members this includes:
- Giving accurate details to the Pet Sitter about the pet's behaviour, routione, preference, vaccination status.
- Pet owners can ask questions to the Pet Sitter, before paying the booking fee/advance (without exchanging contact details)
- Paying a small Booking Fee/ Advance for confirmed bookings, in order to see contact details and contiune
- If the service is not needed anymore, canceling the request in order to notify the Pet Sitter that their service is no longer needed. If the request is not confirmed or cancelled within 48 hours, CareToPets retains the right to cancel the request on the Member’s behalf.
- Being available to communicate with the Pet Sitter from the moment a booking with that Member is confirmed via our web or mobile applications, the Member should always respond to the Pet Sitter, to ensure that all details are arranged before the booking begins and to ensure appropriate arrangements for the drop off and the pick up of the pet.
- Providing the Pet Sitter with an alternative contact in case of an emergency.
The CareToPets Booking Guarantee is in place to secure Members’ peace of mind when booking with a Pet Sitter through CareToPets.com and to minimise the inconvenience in the event of a Pet Sitter cancellation.
- The guarantees shall not apply when a Member has violated CareToPets Terms & Conditions, including but not limited to not honoring the Communication Clause.
PET SITTER CANCELLATION GUARANTEE
If at any point while the booking is Confirmed or In Progress (but not yet Completed) the Pet Sitter cancels the booking, CareToPets shall:
- Refund the member in full
- Assist the member in finding an alternative Pet Sitter on CareToPets.com
In no event shall CareToPetsassist in finding alternative booking optons outside of CareToPets.com (e.g. at kennels or through private offline arrangements). In addition, CareToPets shall do the utmost to assist the Member in finding alternative Pet Sitters but shall not be liable for any consequential losses arising out of the Member not being able to secure an alternative.
For Emergency Medical Situations Involving a Member's Pet:
Members should ensure that the Pet Sitter is provided with contact information to reach the Member in the event an emergency medical situation arises involving a Member's Pet. Members and Pet Sitters acknowledge and agree that, to the extent any situation arises where the Member's Pet is required to receive emergency veterinary care while in the care or custody of the Pet Sitter, the Pet Sitter shall make reasonable efforts to contact the Member and notify him or her of the situation. In the event the Pet Sitter notifies CareToPets of the situation, the Pet Sitter should contact CareToPets at our customer support number and CareToPets shall make reasonable efforts to contact the Member to notify them of the situation. If Member cannot be reached following reasonable efforts, Member authorizes Pet Sitter and CareToPets to authorize care on his/her behalf in order to promptly treat Member's pet. Members acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Member and that Member's credit card may be billed for any amount to reimburse costs incurred by the Pet Sitter or CareToPets attendant thereto.
For Flea Situations Involving a Member's Pet:
Members acknowledge and agree that, to the extent any situation arises where the Member's Pet introduces fleas into a Pet Sitter's home, the Member should cover the costs that may include, but are not limited to, costs associated with treating a Pet Sitter's resident animals and/or home for fleas or flea prevention. It is the responsibility of all Members to disclose any knowledge of flea issues associated with their pets to all Pet Sitters before any Service is rendered.
Home pet boarding is not appropriate for all animals, especially aggressive poorly socialized pets.
You acknowledge that it is your sole responsibility, as a Site Member, to determine if home pet boarding is best for your dog or cat and to select the Pet Sitter carefully. While certain Pet Sitters may receive positive assessments or comments by the Site or its users, CareToPets makes no representations or warranties regarding the quality, security or positive features of the Pet Sitter or the Pet Sitter's residence. CareToPets is not party to any agreement or transaction between Member and Pet Sitters and, as such, cannot verify or otherwise authenticate any claims made by the Pet Sitter (including any medical certifications or insurance coverage held by the Pet Sitter). Moreover, it is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your dog prior to engaging the Pet Sitter for pet boarding or other pet-care related services. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Services, is entirely your own. You acknowledge and agree that CareToPets is not liable for any damages associate with the administration of pet boarding or other pet services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Pet Sitter, any family Member, friend, pet or other affiliate of the Pet Sitter or any other third party). It is the sole responsibility of Members to make decisions that are in the best interests of themselves and their pets.
Cancellations and Refunds
As a Member, in case you have confirmed booking that you fully paid online, but have to cancel, we can refund you the amount. We cannot however refund the booking fee/ advance for bookings that were not fully paid online.
Use of the Site
Collecting information about the Site or users of the Site without CareToPets's written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any Content of or information contained on the Site, without CareToPets's written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion or Content thereof;
Accessing or using the site for commercial or competitive purposes; Disguising the origin of information transmitted to, from, or through the Site; Impersonating another person or entity;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access, use or register with the Site;
Using the Site for any purpose in violation of local, state, national, international laws, including but not limited to any unauthorized use of any Content or information contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes;
Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Receiving one or more negative reviews provided to CareToPets by Members or non-Members;
Updating a public profile with erroneous contact information or removing contact information;
Failing to respond to messages/inquiries from other CareToPets Members or failing to respond to messages/inquiries from other CareToPets Members within a timely manner, to be determined at the sole discretion of CareToPets;
Behaving or acting in any way that creates a negative experience for a CareToPets Member, to be determined at the sole discretion of CareToPets;
Behaving or acting in any way that demonstrates a lack of courtesy or professionalism with any CareToPets Staff Member that may cause any difficulty providing the best customer service possible for a CareToPets Member, to be determined at the sole discretion of CareToPets;
Receiving multiple General Inquiries and/or Meet-n-Greets without any (or a abnormally low ratio of) confirmed Reservations, to be determined at the sole discretion of CareToPets; Pet Sitters are required to provide periodic photo updates to the Members and CareToPets via text message or email;
Circumventing any measures implemented by us aimed at preventing violations of the Terms;
CareToPets expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of the Terms. In addition to violating the Terms, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of English law, and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
CareToPets also expressly reserves the right, in its sole discretion, to terminate a User's access to any interactive services and/or to any or all other areas of the Site due to one or more negative reviews provided to CareToPets by Members or non-Members. These reviews are typically, but are not required to be, associated with a Service provided by a Pet Sitter through CareToPets.
It is your obligation to comply with all applicable state, federal and international laws. It is also your obligation to comply with all applicable tax laws and regulations that apply to your activity on the Site. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Links to Third Party Websites
The Site may contain links or have references to websites controlled by parties other than CareToPets. CareToPets is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. CareToPets is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by CareToPets of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by CareToPets. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Limitation of Liability and Release
By agreeing to serve as a Pet Sitter and board dogs or provide other dog-related services to a Member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of Pet Sitters to make decisions that are in the best interests of themselves and their pets. It is strongly recommended that all Pet Sitters schedule a "Meet and Greet" with all dogs and dog owners before providing dog boarding or other dog-related services to mitigate as many risks as possible.
Should you agree to serve as a Pet Sitter, you agree and acknowledge as follows:
a. I agree that I am and my children/child/ward are voluntarily agreeing to board a dog belonging to another at my home. I am assuming, on behalf of myself and/or my children/child/ward, all risk of personal injury, death or disability to me and/or my child/ward that might result or arise from the boarding of this dog in my home, or any damage, loss or harm to my reason or personal property which I or my children/child/ward may incur. I understand that the risks that come with boarding a dog who is not accustomed to me, my children/child/ward, and my home and that it has inherent risks; and
b. I agree on behalf of myself and/or my children/child/ward and my/their personal representatives, successors, heirs, and assigns to hold CareToPets, its affiliates, officers, directors, agents, employees, and Members (collectively, the "Releases") harmless from any and all claims or causes of action arising out of the boarding of this dog in my home. I expressly release and discharge Releases from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to me and/or my children/child/ward, while the dog is boarding in my home. This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releases or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the dog boarding in my home. By proceeding with this transaction, I understand that I voluntarily give up my right to sue the above mentioned parties.
WHETHER YOU ARE A MEMBER OR A PET SITTER, YOU AGREE NOT TO HOLD CareToPets OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY CareToPets OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF YOUR INFORMATION, (C) ANY DISPUTE WITH ANY OTHER USER OF THE SITE OR SERVICES, (D) Pet Sitters' FAILURE TO PROVIDE SERVICES OR PROVISION OF INCOMPLETE OR POOR SERVICES, (E) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR FAMILY MEMBERS, FRIENDS OR OTHER UNRELATED PARTIES), (F) ANY INJURIES OR HARM SUFFERED BY ANY DOGS OR OTHER PETS, (G) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (H) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PROPERTY.
UNDER NO CIRCUMSTANCES SHALL CareToPets OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CareToPets HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CareToPets OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EXCEED TWO THOUSAND GREAT BRITISH POUNDS (£2,000.00).
You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that CareToPets has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and CareToPets and form a basis of the bargain between the parties.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CareToPets, THE CONTENT AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, CareToPets AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE PET SITTERS, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CareToPets AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CareToPets AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SITE OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE, SECURE OR OTHERWISE OBTAIN THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; OR (C) THE SERVICES OFFERED VIA THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER CareToPets NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CareToPets IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY CareToPets. CareToPets EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE SITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE SERVICES OFFERED BY PET SITTERS WIDELY VARY BY COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. CareToPets MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE PET SITTERS OR USERS OFFERING SERVICES THROUGH THE SITE HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS.
You shall defend indemnify, and hold harmless CareToPets and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the "Indemnified Parties") against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. CareToPets and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the goods, services or Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
Termination and Account Cancellation
DogSurf may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and (b) deactivate or cancel your CareToPets Account or registration or similar uses of the Site. CareToPets's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. CareToPets may provide notice of termination by regular mail or email. You may cancel your CareToPets Account at any time by sending an email to email@example.com. However, 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 CareToPets Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site.
Intellectual Property Rights
All materials provided on the Site, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, and services are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are CareToPets, its affiliates or respective third party authors, developers or vendors ("Third Party Providers"). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of CareToPets and/or a Third Party Provider. Also, you may not "mirror" or "archive" any Content displayed on or otherwise accessible from the Site on any other server without the prior express written permission of CareToPets.
Employment and Withholding
CareToPets is not an employment service and does not serve as an employer of any User. As such, CareToPets will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services. You understand and agree that if CareToPets is found to be liable for any tax or withholding tax in connection with your use of the Services, then you will immediately reimburse and pay to CareToPets an equivalent amount, including any interest or penalties thereon.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, CareToPets is not acting as an agent for any Pet Sitter, Member or any other user or visitor of the Services or the Site.
Local Indirect Taxes
You are responsible for complying with all applicable tax laws and regulations related to your use of the Site and the Services. Without limiting the foregoing, each sitter is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. CareToPets is not responsible for any taxes related to your use of the Site and the Services.
These Terms shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
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 construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms without the prior written approval of CareToPets. Any purported assignment in violation of this section shall be void. CareToPets reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by CareToPets.
If you have any questions about these Terms or the Site, please contact CareToPets at firstname.lastname@example.org.