1. THESE TERMS
- 1.2 Why you should read them. Please read these Terms carefully before you create an account via Our App or use the Services. If you think that there is a mistake in these Terms, please contact us to discuss and do not use Our App or the Services.
- 1.3 These are other terms that may apply to you. The following additional terms also apply to your use of Our App:
- 1.4 Changes to these Terms. We amend these Terms from time to time. Every time you wish to use Our App, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 12 th Jun 2023. We will give you at least 15 days’ notice by e-mail of any changes to these Terms and after such period has expired you will need to accept such changes when you next start Our App. If you do not accept the notified changes you will not be permitted to continue to use Our App.
- 1.5 Our App is only for users in the United Kingdom. Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through Our App is appropriate for use or available in other locations.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are. We are Project Pet Limited, a company registered in England and Wales. Our company registration number is 12380259 and our registered office is Silverstream House, 4th Floor, 45 Fitzroy Street, Fitzrovia, London, England, W1T 6EB. Our brand name is "Project Pet".
- 2.2 How to contact us. You can contact us by e-mailing our customer service team at firstname.lastname@example.org.
- 2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of SMS.
- 2.4 Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails and SMS.
- 3.1 Licence. We licence you to use:
as permitted in these Terms.
- (a) the “Project Pet” mobile application software (where you have downloaded Our App to your device(s)), the data supplied with Our App and any updates or supplements to it;
- (b) the related online or electronic documentation (Documentation); and
- (c) the service you connect to via Our App and the content and services we provide to you through Our App (Services),
- 3.2 App store's terms may also apply. If you have downloaded Our App to your device(s), the ways in which you can use Our App and Documentation may also be controlled by the rules and policies of the app store where you downloaded Our App so you should carefully review those terms.
4. OPERATING SYSTEM REQUIREMENTS
- 4.1 Device requirements. Our App requires an Apple or Android device.
5. HOW YOU MAY USE OUR APP
- 5.1 How you may use Our App. In return for your agreeing to comply with these Terms you may:
- (a) download a copy of Our App onto up to a maximum of 3 phones or devices and view, use and display Our App and the Services on such devices for your personal purposes only;
- (b) use any Documentation to support your permitted use of Our App and the Services;
- (c) provided you comply with the licence restrictions set out in these Terms, make up to 1 copy of Our App and the Documentation for back-up purposes; and
- (d) receive and use any free supplementary software code or update of Our App incorporating "patches" and corrections of errors as we may provide to you.
- 5.2 You may not transfer Our App to anyone else. We are giving you personally the right to use Our App and the Services as set out in Clause 5.1 above. You may not transfer Our App or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which Our App is installed, you must first remove Our App from it.
- 5.3 If someone else owns the phone or device you are using. If you downloaded Our App onto any phone or other device not owned by you, you must have the owner's permission to do so and you will still be responsible for complying with these Terms on that device.
6. UPDATES TO OUR APP AND CHANGES TO THE SERVICES
- 6.1 Updates to Our App and changes to the Services. From time to time, we may automatically update Our App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update Our App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Our App and the Services. Our App will always work with the current and previous version of your devices operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
7. USER TYPES; YOUR ACCOUNT
- 7.1 User account. You will be required to set up an account with us (User Account) if you wish to use Our App and access the Services. To obtain a User Account, you are required to complete a registration process. You hereby represent to us that all information submitted to us during the registration process is accurate and true and you undertake to keep your registration information up to date.
- 7.2 User types. To use Our App, you will either be a pet owner (Pet Owner) or will be a provider of services to Pet Owners, in which case you will either be a trusted provider (Trusted Provider) or a professional provider (Pro Provider).
- 7.3 Trusted Providers and Pro Providers. When setting up a User Account, Trust Providers and Pro Providers will be subject to additional onboarding requirements as below:
(i) a copy of your driving licence or the picture page of your passport; and
(ii) a recent (no older than 3 months) proof of address such as a utility bill (gas/electricity/water/TV licence) or a bank or credit card statement,
(b) Licencing (dog walkers) – if you are offering dog walking services, it is your responsibility to check with your local council authority if you are required to be licenced to offer such services, and if so, you must obtain and maintain such licence before you offer dog walking services via Our App and must upload such licence via Our App if we request. If applicable, a badge will display in Our App to show you are a licensed dog walker.
(c) Licencing (pet boarding) – if you are offering pet boarding services, it is your responsibility to check with your local council authority if you are required to be licenced to offer such services, and if so, you must obtain and maintain such licence before you offer pet boarding services via Our App and must upload such licence via Our App if we request. If applicable, a badge will display in Our App to show you are a licensed pet boarder.
(d) Insurance – We strongly recommend that you obtain and maintain suitable insurance before providing services via Our App. To demonstrate that you're insured, you are encouraged to upload your policy documents via Our App. Once done, a badge will display in Our App as evidence of your insurance. Additionally, Our App will notify you when your insurance is nearing expiration. To continue demonstrating your insurance status, we suggest uploading your renewed policy documents via Our App. However, please note that it is not a requirement to continue providing services through Our App.
(e) Pet First Aid Certificate – We highly recommend having a current pet first aid certificate, obtained online or in person from a reputable organisation. If requested, we encourage you to upload this certificate via Our App. Once uploaded, a badge will display in Our App indicating you hold a current pet first aid certificate. This certification, while recommended, is not a mandatory requirement to provide services through Our App.
(f) Disclosure and Barring Service (DBS) Certificate – We strongly recommend that you have a current DBS certificate, which can be obtained from https://www.gov.uk/request-copy-criminal-record. If necessary, we encourage you to upload this certificate via Our App. Please note that while having this certificate is highly recommended, it is not a compulsory requirement to provide services through Our App.
(g) Your profile – as part of the onboarding process you will be required to set up your profile within Our App. You hereby represent to us that all information in your profile is accurate and true, and you undertake to keep your profile information up to date and your attention is drawn to Clause 7.7 (Content) below. If you have not passed all necessary onboarding checks, as decided in our sole discretion, you will not be able to provide services via Our App. Pro Providers will rank higher in Our App, you will only be allowed to operate as a Pro Provider within Our App if you:
(a) already have a User Account as a Trusted Provider;
(b) have uploaded your insurance policy, your pet boarding licence (if applicable), and your pet first aid certificate; and
(c) have at least 1 year of experience working with dogs/animals.
- 7.4 Children. If you are under 16 you may use Our App only with the involvement of a parent or guardian. We will need to enter your parent(s)’s details and we may contact them to verify your use is with permission.
- 7.5 Responsibility for your User Account. A one-time passcode (OTP) will be sent to your registered phone or e-mail address every time you access Our App. You are responsible for maintaining the confidentiality of your User Account and for restricting access to your device, your e-mails and your User Account. This includes keeping your User Account details secret such as your User Account ID and any OTP and not allowing other users to use your User Account or access your e-mails. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms and you indemnify us against all costs, losses or expenses that may arise from your failure to protect your User Account in accordance with these terms.
- 7.6 Responsibility for purchases. You are responsible for all use of your User Account, including all purchases and online conduct (except where such use is directly due to our error) including if you are the parent or guardian of a user under the age of 16. You may be liable for unauthorised usage of your User Account because of failing to keep your information secure. If you believe you have been a victim of crime in relation to Our App (including any fraudulent activity on your User Account) you should immediately contact us.
- 7.7 Content. You may only access Our App and use the Services so long as your content does not contain anything that is infringing of intellectual property rights or is illegal, obscene, abusive, threatening, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, or is otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You are responsible for any content that you post to Our App including its legality, reliability, and appropriateness. You represent and warrant that such content is yours, you have the right to use it, and that the posting of the content on or through Our App or the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- 7.8 Closure or suspension of your User Account. You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some or all of the Services.
8. THE SERVICES
- 8.1 Services: We do not provide pet care services. Our App operates as a marketplace whereby Pet Owners can purchase services from Trusted Providers / Pro Providers such as dog walking, pet boarding, pet sitting, drop-in-visits, day care and training. We act only as a service provider to facilitate transactions between Pet Owners and Trusted Providers / Pro Providers. There is no contract formed between us for the provision of any services by any Trusted Provider / Pro Provider for any Pet Owner. We make no representations or warranties about the quality of the services provided by any Trusted Provider / Pro Provider within Our App. We are not liable if any Trusted Provider / Pro Provider does not have the correct licence(s) required to offer the services they provide via Our App. We do not employ, recommend or endorse any Trusted Provider / Pro Provider or any Pet Owner, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of any Trusted Provider / Pro Provider or any Pet Owner, whether online or offline. Pet Owners are solely responsible for evaluating the suitability of Trusted Providers / Pro Providers for the services they offer to provide via Our App. Pet Owners should exercise caution when interacting with Trusted Providers / Pro Providers, whether online or offline. Pet Owners are solely responsible for making decisions that are in the best interests of themselves and their pets. If there is a dispute between any Pet Owner and any Trusted Provider / Pro Provider, you understand and agree that we are under no obligation to become involved and you hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.
- 8.2 Fees. Our App will display the services fees charged by Trusted Providers / Pro Providers for the services they offer via Our App and will allow Pet Owners and Trusted Providers / Pro Providers to correspond via a messaging system built into Our App to make arrangements for the services they require. Once a Pet Owner and a Trusted Provider / Pro Provider have agreed on the services to be provided and the price (Agreed Services Fee), the respective Pet Owner will be able to book the services and request to pay the respective Trusted Provider / Pro Provider for those services (Booking) and payment via our App will be initiated via a 3 rd party payment gateway (https://stripe.com/) which will be subject to the Stripe Connected Account Agreement (available at https://stripe.com/gb/legal/connect- account and which terms you agree to by using Our App and the Services) and a 15% booking fee (i.e., 15% of each Agreed Services Fee) will be added (Booking Fee). Booking Fees are not refundable under any circumstances. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking. For Trusted Providers / Pro Providers, each Agreed Services Fee we have received on your behalf from Pet Owners will display in your dashboard within Our App less a 15% platform fee (i.e., 15% of each Agreed Services Fee) which will be deducted and retained by us (Platform Fee). Platform fees are not refundable under any circumstances. Each Trusted Provider / Pro Provider can at any time request to withdraw their accrued Agreed Services Fees (less the applicable Platform Fees) which will be transferred to the bank account linked to the User Account of the respective Trusted Provider / Pro Provider, and where such funds will be released no later than 2 business days after the withdrawal request is made. Periodically we will transfer any remaining balances we hold on behalf of each respective Trusted Provider / Pro Provider to such respective Trusted Provider / Pro Provider.
- 8.3 Refunds. If a Booking is cancelled by the respective Trusted Provider / Pro Provider we will refund the Agreed Services Fee (less the applicable Booking Fee) to the respective Pet Owner. If a Booking is cancelled by the respective Pet Owner, the Agreed Services Fee will not be refunded and will be paid to the respective Trusted Provider / Pro Provider as set out in Clause 8.2 above.
- 8.4 Third party websites. Our App or the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- 8.5 Your consumer rights. Your consumer rights are not affected in any way by using Our App.
- 8.6 Circumstances beyond the control of us or you. If the event of any failure by either of us due to something outside of the respective party’s reasonable control, then that party will advise the other party as soon as reasonably practicable, and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
9. INTELLECTUAL PROPERTY; ACCEPTABLE USE
- 9.2 Our trade marks are registered. “Project Pet” and the “Project Pet” logo are UK registered trade marks of Project Pet Limited. You are not permitted to use them without our approval.
- 9.3 Prohibited actions. You agree that you will:
- (a) if a Trusted Provider / Pro Provider, not offer your dog walking and/or pet boarding services to any Pet Owner and/or not be paid by any Pet Owner for any dog walking and/or pet boarding services, in either case outside of Our App at any time whilst you maintain a User Account within Our App;
- (b) if a Pet Owner, not request dog walking and/or pet boarding services from any Trusted Provider / Pro Provider and/or not pay any Trusted Provider / Pro Provider for any dog walking and/or pet boarding services, in either case outside of Our App at any time whilst you maintain a User Account within Our App;
- (c) not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, Our App in any form, in whole or in part, to any person without prior written consent from us;
- (d) not copy Our App except as part of the normal use of Our App or where it is necessary for the purpose of back-up or operational security;
- (e) not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of Our App nor permit Our App or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
- (f) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our App;
- (g) not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of Our App;
- (h) not access or use the source code of Our App; and
- (i) comply with all applicable technology control, export control and trade sanctions laws and regulations relating to Our App.
- 9.4 Acceptable use restrictions. You must not (or permit or assist others to):
- (a) use Our App to arrange for the care of (i) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non- domesticated cats, horses or other livestock; (ii) any animal whose ownership or third-party care is prohibited under applicable law; or (iii) any animal that has a history of, or which has been trained for, attacks on pets or people;
- (b) use Our App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Our App or the Services;
- (c) use Our App to access, store or distribute any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; use Our App to facilitate illegal activity or in any way that depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or is otherwise illegal or causes damage or injury to any person or property;
- (d) infringe our intellectual property rights or those of any third party in relation to your use of Our App, including by the submission of any content or material (to the extent that such use is not licensed by these Terms);
- (e) breach any of the user content rules in Clause 7.7 (Content);
- (f) treat, interact with, or communicate with our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory;
- (g) use Our App in a way that could damage, disable, overburden, impair or compromise Our App or our systems or security or interfere with other users of Our App; or
- (h) collect or harvest any information or data from Our App or attempt to decipher any transmissions to or from the servers running Our App.
- 9.5 We do not guarantee availability of Our App. We will use reasonable skill and care to provide Our App to you and to keep Our App safe, secure, virus-free and error-free but we do not guarantee that your use of Our App will be safe, secure, uninterrupted, virus-free or error-free. We will use reasonable endeavours to maintain the availability of Our App to you, but we do not guarantee 100% availability. For example, Our App may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. You are responsible for configuring your information technology, computer programmes and platform to access Our App. You should use your own virus protection software.
- 9.6 We may suspend or withdraw Our App. We do not guarantee that Our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- 9.7 Back-up content and data used with Our App. We recommend that you back up any content and data used in connection with Our App to protect yourself in case of problems with Our App or the Services.
- 9.8 Check that Our App and the Services are suitable for you. Our App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Our App and the Services meet your requirements.
- 9.9 Rules about linking to Our App. You may link to Our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 10.1 Release. We have no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to interactions or dealings or with the acts and/or omissions of Trusted Providers / Pro Providers and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES VIA OUR APP IS AT YOUR SOLE AND EXCLUSIVE RISK.
- 10.2 Our liability and limits on our liability. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We shall not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss, arising under or in connection with Our App and the Services. Our total liability to you for all losses arising under or in connection with Our App and the Services, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed the total sums paid by you to us in the 3 months immediately preceding your claim.
- 10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
- 10.4 We are not liable for business losses. If you use Our App for any commercial, business or re- sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 10.5 We are not responsible for events outside our control. If our provision of the Services or support for Our App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if relevant).
11. HOW WE MAY USE YOUR PERSONAL INFORMATIONU
- 11.2 Internet transmissions are never completely secure. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Our App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- 12.1 Termination. You may stop using Our App at any time. We may end your rights to use Our App and to access the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Our App and to access the Services, then:
- (a) you must stop all activities authorised by these Terms, including your use of Our App and any Services;
- (b) you must delete or remove Our App from all devices in your possession; and
- (c) no refund of any charges you have paid will be given.
13. OTHER IMPORTANT TERMS
- 13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- 13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
- 13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 13.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
- 13.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.