PET PLATFORM C.I.C – Terms and Conditions

Last updated: 1st October 2023

The website www.petplatform.co.uk (the “Website”) and the associated ‘Pet Platform C.I.C’ mobile application (“App”) are operated by Pet Platform C.I.C, a company registered in England and Wales under number 12556113 with its registered office at Suite 52, 123 Stratford Road, Solihull B90 3ND (“PETPLATFORM”, “we”, “our” or “us”). Our VAT number is……..

Definitions

The following definitions, in addition to those set out herein, apply in these

“Content” means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or Pet platform, through their use of the Service, including as displayed in their Profile;

“Platform” means the App and the Website, including all Services made available via the App and the Website;

“Profile” means the information held by pet platform about a User of the Platform, such information having been submitted by the User to whom the information relates to;

“Services” means the Basic Services and the Additional Services;

“User” means any person who registers their details for an account with the Platform, including Pet Parents, Pawsome Pals, Business Owners for our mental health support services (whether on a free support basis or paid-membership basis);

1. Acceptance of Terms

1.1 Your access to and use of the Platform is subject to these Terms and Conditions. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the Platform and remove the App from your device.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.

1.3 You should print a copy of these terms and conditions for future reference.

2. The Services

2.1 The Platform provides a meeting place for Users who are Pet Parents (“Owners”) and Users who would like to be Pawsome Pals of pets (“Borrowers”). This is enabled through various services, tools and facilities accessible on the Platform (the “Services”), including:

• Creation of an Owner’s Profile, with information about their pets and their likes and dislikes (the pets, not the Owner’s!);
• Creation of a Pawsome Pal (Borrower’s) Profile, with information about themselves, their experience looking after animals and why they want to have a animal in their life; and
• Access to a searchable database of these Profiles.

2.2 There may be variations in the features or interface design accessible through the App. You acknowledge that specific functions may need to be completed on the Website.

2.3 You must be at least 18 years old to register for an account on the Platform and use the Basic Services. By registering for an account, you warrant that you are at least 18 years old.

2.4 If you are an Owner, your pet must be at least 8 weeks old. By registering for an account, Owners represent and warrant that their animal(s) is/are at least 8 weeks old.

2.5 Dogs covered under the Dangerous Dogs Act 1991, for example pit bull terrier and Japanese tosa, are not permitted to be registered on the Platform.

2.6 You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.

2.7 You must be the legal owner of a pet for which you create an Owner’s Profile.

2.8 Animals on the endangered list or wildlife protected list are not animals people should have as pets therefore are not to be registered on our platform to be looked after by a pawsome pal.

3. Additional Services for Members

3.1 Additional services, tools and facilities are accessible on the Platform only to Users who have paid for membership (the “Member(s)”), including:
• Communication with, or about, other Users (as further described in clause 3.2);
3.2 As a Member, we permit your access to and use of communication tools, such as email, bulletin boards, chat areas, news groups, forums, push notifications and/or other messages or communication facilities which enable Users to communicate with each other, provide feedback on other Users and, in particular, to arrange a preliminary meeting between a Pawsome Pals, Pet Parents and pets. See clause ‘7 Acceptable Use’ for details of provisions which apply to your use of such communication services and Content restrictions.

3.4 As a member, you will not receive insurance coverage under the Pet Platform C.I.C dog walking, caring, sitting or other related services are at the ‘Owners’ (Pet Parents’) own risk and Pawsome Pals (‘Borrowers ‘) Own risk to provide more safety for both pet owners and pet borrowers we strongly advise private pet insurance and house insurance to be in place.

3.5 You acknowledge that by using the Additional Service you are requesting immediate performance of this contract for Additional Services.

4. Privacy & Cookies

See our Privacy Policy for Service Users & Platform Members Cookies Policy, which is hereby incorporated into these Terms and Conditions by reference, for more information about how your personal data will be used.

5. User Account, Password & Payment

5.1 When you sign up for an account on the Platform, either as an Owner or a Borrower, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will PetPlatformC.I.C be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person’s account at any time.

5.3 As a Member who purchases the Additional Services on the Website, you hereby authorise us to bill you via your preferred payment method, details of which you provide to us during the registration process, for the applicable fee in advance on the date of registration then monthly or each anniversary thereafter for the duration of your account. The fees: (a) shall be payable in the currency indicated in the membership plan selected by you; (b) are non-refundable, unless this agreement expressly provides otherwise (including clause ‘8 Termination’ and clause ‘9 Cancellation, Refunds and ’30 Day Money Back Guarantee’); and (c) are inclusive of any applicable sales tax.

5.4 If we are unable to bill you via your preferred payment method within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the Platform and we shall be under no obligation to re-enable the same until such fees have been paid.

5.5 We reserve the right to vary the fees in accordance with these Terms and Conditions. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platform after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).

5.6 PetPlatform reserves the right to correct any errors or mistakes that it makes in relation to fees even if it has already requested or received payment.

6. Pledges

6.1 If you are an Owner, you pledge that you will provide accurate and up-to-date information about you and your pet and that your pet is safe and in good health for borrowing by a Borrower.

6.2 If you are a Borrower, you pledge that you will provide accurate and up-to-date information about you and your experience with animals and that, when entrusted with a pet, you will use your best efforts to care for the pet, keeping dogs on their leads (unless you have written permission from the Owner to let the pet off the lead) and follow any instructions provided by the Owner regarding care of the pet. You also acknowledge that you will be responsible for the safety and well-being of the pet during such time.

6.3 The above pledges are made as between the Owner and the Borrower, and are not guaranteed by PetPlatform. In no event shall PetPlatform be responsible or liable to you as a result of the failure of an Owner or Borrower (as applicable) to comply with the above pledges.

7. Acceptable Use

7.1 You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. PetPlatform will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Platform and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.

7.2 In using the Platform, you agree not to:

• Send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
• Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
• Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
• Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
• Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
• Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
• Impersonate any person or entity for the purpose of misleading others;
• Violate any applicable laws or regulations;
• Use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party’s use and enjoyment of the Platform;
• Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
• Attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; or
• Accept or seek payment from another User. In particular, you agree that you will not use the Platform to make financial gains (whether pecuniary or otherwise) when taking care of a pet.

7.3 We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.

8. Termination

8.1 You may terminate your account on the Platform at any time, for any reason, without explanation, by cancelling your membership for the Services (see clause 9.5 below) and ceasing all use of the Platform, including uninstalling the App.

8.2 PetPlatform reserves the right to do either of the following without notice and in its sole discretion:

• Terminate these Terms and Conditions;
• Suspend or terminate your access to all or part of the Platform (including deletion of your account); and/or
• Remove your account information or data from the Platform, including Profiles, and any other records,

In the event you commit a material or persistent breach of these Terms and Conditions, the Platform is discontinued, we lose the right to provide you with the Platform or where the provision of the Platform or a particular service becomes unlawful.

8.3 In the event your account for the services is terminated by us (excluding termination due to your breach of these Terms and Conditions), you may request a refund for any unused portion of fees that you have paid to PetPlatform for the Services.

8.4 Following termination of these Terms and Conditions for any reason:

• All rights, licences and permissions granted to you under these Terms and Conditions shall cease;
• You must immediately stop using the Platform (including uninstalling the App) and shall not register for another account unless expressly permitted by PetPlatform; and
• PetPlatform reserves the right to notify other Users with whom you have communicated of such termination.

9. Cancellation, Refunds and ’30 Day Money Back Guarantee’

Consumers’ legal right to cancel within 14 days and receive a refund

9.1 If you are a consumer, you have a legal right to cancel your contract for the Additional Services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Clause 9.2 sets out the procedure you must follow to cancel this contract only where you have purchased the Services on the Website. If you purchased the Additional Services on the App, clause 9.2 does not apply to you; instead, you must direct all cancellation requests to iTunes SaRL. For further information, please refer to iTunes’ terms and conditions available at http://www.apple.com/legal/internet-services/itunes/uk/terms.html.

9.2 If you purchased the Services on the Website and wish to exercise your legal right to cancel this contract, you must notify us of your decision by a clear statement (e.g. a letter sent by post or e-mail) within 14 days from the date of registering to become a Member (“Cancellation Period”). You may use our model cancellation form. But it is not compulsory. If you cancel your contract for the Services during the Cancellation Period, you will (subject to any deduction permitted under this clause 9.2) receive a refund for all membership payments made by you to us for the Services without undue delay and not later than 14 days after the date on which we were informed about your decision to cancel this contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We reserve the right to deduct an amount which is in proportion to what has been performed up until the point you communicate cancellation to us, in comparison to the full coverage of the contract. In any event, you will not incur any fees as a result of the reimbursement. Further, advice about your legal right to cancel is available from your local Citizens’ Advice Bureau.

Pet Platform ’30 day money-back guarantee’ offer

9.3 In addition, and without prejudice, to your legal right of cancellation as set out in clause 9.2, PetPlatform also offers a ’30 day money-back guarantee’ which, subject to the conditions in clause 9.4 below, entitles a Member who has purchased the Services on the Website to a full refund of the membership fee paid to us. To apply for the refund, you must either send an e-mail via our online contact form or send a letter to Pet Platform C.I.C Suite 52, 123 Stratford Road, Solihull, B90 3ND within thirty (30) days of the date of registering to become a Member (“Guarantee Period”). Use of the model cancellation form referred to in clause 9.2 will not be accepted for claims under this guarantee. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us proper notice of claim under this guarantee.

9.4 You will not be entitled to a refund under the ’30 day money-back guarantee’ detailed in clause 9.3 if any of the following applies:

• You purchased the Services on the App (see clause 9.1 for details);
• You have exchanged, or given or received, contact details for another User, either via the Platform or subsequent to exchanged messages on the Platform during the Guarantee Period;
• Your membership is a renewed or repeat membership or, for some other reason, it is not the first time you have subscribed to Pet Platform (regardless of the email address used for registration purposes); or
• You have violated these Terms and Conditions during the Guarantee Period.
• Cancellation at all other times

9.5 Notwithstanding the above provisions of this clause 9.5, you may cancel your membership for the Services at any time by sending an email via our online contact form or calling us on……. You acknowledge that membership fees are not refundable. Cancellation will be effective within three working days and your account will be closed.

10. Links to Third Party Websites

The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that PetPlatform is not responsible for the content or availability of any such sites.

11. International Use

11.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

11.2 Unfortunately, you may only use the Services if you are resident in a country in which we operate.

12. Intellectual Property Rights

12.1 We are the owner or the licensee of all intellectual property rights in the our site whether registered or unregistered, and in the material published on it.these works are protected by copy write laws and all such rights are reserved., and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the Platform you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The Platform, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Platform for personal, non-commercial home use only.

12.2 PetPlatfoprm does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the Platform. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the Platform. This licence shall be terminated when such Content is deleted from the Platform by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes. If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

12.3 The names Pet Platform and the Pet Platform logo are trademarks of Pet Platform C.I.C.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

13.3 Strikes, lock-outs or other industrial action;

13.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

13..5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;

13.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

13.7 Impossibility of the use of public or private telecommunications networks; and

13.8 The acts, decrees, legislation, regulations or restrictions of any government.

13.9 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless PetPlatform, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:

• Your use of or inability to use the Platform;
• Any Content transmitted by you on the Platform;
• Your violation of any terms of these Terms and Conditions or your violation of any rights of a third party; or
• Your violation of any applicable laws, rules or regulations when using the Platform.

15. Disclaimers and Limitation of Liability

Contracts for the purchase of services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

15.1 The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. PetPlatform makes no warranty that material on the Platform (including the Content) will be accurate or reliable, that the functionality of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or that the server that makes the Platform available is free of viruses or anything else which may be harmful or destructive.

15.2 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements. You assume full responsibility for results obtained from the use of the Platform, and for conclusions drawn from such use.

15.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the limit specified in clause 15.8, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into these Terms and Conditions.

15.4 If you arrange to meet an Owner or a Borrower through the Platform, the obligations arising in relation to the meeting(s) are directly between you and the Owner or Borrower (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you and the Owner or the Borrower (as applicable) about the meeting(s). As such, and by way of example, in the event of your pet suffering injury, illness or death as a result of any act or omission of any Owner or Borrower (or any other person), you (as an Owner) having any complaint about the quality of the Borrower’s treatment of your pet, or you (as a Borrower) having any complaint about the quality of the Owner’s treatment of their own pet, or you having any other complaint at all about an Owner or Borrower you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.

15.5 We only allow use of the Platform for domestic and private use. You agree not to use the Platform for any commercial, business or re-sale purposes apart from through our products directory non dog walking pet sitting home sitting or home visiting related, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PetPlatform for: (i) death or personal injury as a result of our negligence; or (ii) fraud or fraudulent misrepresentations by PetPlatform; or (iii) any other liability which cannot be excluded or limited by law.

15.7 Subject to clause 15.6, PetPlatform’s maximum aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to either: (a) where you are a Member, the amount of fees you have paid in the 12 month period preceding the date the claim arose.

15.8 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

16. General

16.1 Severance. If any provision or part provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

16.2 No Assignment. We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing.

16.3 Waiver. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.4 Governing Law and Jurisdiction. These Terms and Conditions 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.

17. Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

17.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).

18. Information about cookies

Please refer to our Cookie Policy page regarding information about our cookie policy:  https://petplatform.co.uk/cookie-policy/

19. Online Dispute Resolution.

If you are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.