1.
DEFINITION OF TERMS
a. The website PetSitterSwap.com
is owned wholly by Pet Sitter
Swap Limited of the UK.
b. the URL PetSitterSwap.com is
the website presented in this
agreement or such other URL that
we may provide the same service.
The following terms are defined
for the agreement as follows unless
contextually a different meaning
is required:
c. "Pet Sitter Swap ",
"PetSitterSwap.com",
"PetSitterSwap.co.uk",
"Pet Sitter Swap Limited",
"us", "our"
or "we" will refer to
Pet Sitter Swap, 53 Bushey Road,
Ickenham, Middlesex, UB10 8JX,
which is a private limited company
registered in England under registration
number: 05118767.
d. "Member", "registered
Member", "Standard Member",
"Premium Member", "registrant",
"user", "your",
"yourself" or "you"
is used, this refers specifically
to you, the person registering,
joining, accessing and using the
web services we provide either
via payment-based membership or/and
through free-registration.
e. "Agreement" means
the agreement between Pet Sitter
Swap and you, incorporating the
conditions set out here for the
provision of the service(s).
f. "The Pet Sitter Swap Service",
"Service", "Services",
means any service provided to
you by us including, but not inclusive
to, your ability to create and
post your details on the website
Pet Sitter Swap.co.uk, your ability
to view Member details (profile),
and your ability to communicate
with other Members.
g. "Website", "Internet
site" or/and variants of
refers to the domain name Pet
Sitter Swap.co.uk or any other
domain name that we select to
point to the same set of services
that we may offer.
h. "Liability", "Liable"
and variants there of refer to
the liability for claims, proceedings,
costs, awards, damages, expenses
and any other losses and /or liabilities.
2. INTRODUCTION
This Agreement is a legal
document that sets out your rights
and obligations, and those of
Pet Sitter Swap, in relation to
this site and the services offered.
It must be read in conjunction
with the Privacy
Policy, which together form
the entire agreement, before attempting
to register.
By registering on this website you are deemed to have accepted all the terms of this agreement, agree to all the conditions therein, and you reaffirm that agreement every time you use it.
Visitors to the Pet Sitter Swap Service who do not register to become a Member similarly affirm that they are bound by this Agreement each time they access the Pet Sitter Swap Service.
You should be aware that this
Agreement may change from time
to time in accordance with Clause
27 below.
3. ELIGIBILITY
a. People who register for
the Pet Sitter Swap Service must
be at least 18 years of age.
b. Children who wish to benefit
from this site must get their
parent(s) to register.
c. by registering you agree not
to place material on, or otherwise
use, the Pet Sitter Swap Service
if you are involved in any way
with a company (whether private
or limited) that indirectly or
otherwise provides a pet sitting
or pet minding service(s).
4. TYPES OF MEMBERSHIP
People who register for the
Pet Sitter Swap Service become
"Members".
Membership divides between those who decide to pay our fee for a full annual membership (which we call "Premium Members" or "Premium Membership"), and those who do not ("Standard Members" or "Standard Membership").
Members may be notified by e-mail
whenever another Member registers,
provided the distance between
the two Members' homes is within
the chosen 'search range' of each
Member.
Pet Sitter Swap lists, for each
Member, all other Members where
the distance between their homes
is within both their chosen search
ranges.
Standard Membership enables a
Member to send a message (or messages)
to establish contact.
Premium Membership is required
to exchange contact details or
to access areas of the website
that may contain contact information
(for example the 'Premium Info'
box) or reference details of other
members.
5. NOTE: You do not need
to upgrade to Premium Membership
until you wish to exchange contact
details or view the reference
details of another member. If
you decide to upgrade to Premium
Membership, and therefore pay
our Premium Membership fee, you
are agreeing to take the Premium
Membership we make available to
you shortly after that fee is
paid. You will not be entitled
to any refund of that fee once
you have used our service to access
information that will enable you
to contact another member. Your
Premium Membership lasts for 12
months. If you wish to continue
with Premium Membership after
this period expires, we will enable
you to do so, at our then-current
terms, conditions and prices.
But we reserve the right to change
the amount of the fee for Premium
Membership, the period that it
covers, the services which it
enables you to obtain and other
factors from time to time. However,
these changes, unless they are
changes under Clause 11 or Clause
12 below, will not affect your
then-current Premium Membership.
6. REGISTRATION
You undertake to register
for the Pet Sitter Swap Service
using accurate and current information
about yourself and any references,
including correct name, address,
or any other requested details.
You agree that all the details you add to your 'Premium Info' box are true, accurate and in no way misleading or misrepresent any material facts.
You agree to be solely and wholly responsible for the information you supply to Pet Sitter Swap.
You agree not to post or communicate
any illegal, sexist, racial, obscene,
threatening, slanderous, libellous,
religious or sexually offensive,
material of any kind including
but not restricted to material
which is viewable or receivable
by other Members. This includes
the use of commonly-acknowledged
suggestive or 'swear' words. If
you are asked for, and provide,
details of a credit, debit or
charge card, you must ensure that:
(i) you are fully entitled to
use that card, and
(ii) it has available funds sufficient to cover
the charges which are deducted from it.
You agree that you will not take any action that
may undermine the feedback or ratings systems
(such as creating bogus profiles, displaying,
importing or exporting feedback information to
non-Pet Sitter Swap sites or for using it for
purposes unrelated to Pet Sitter Swap).
7. PET SITTER SWAP'S ROLE
You, whether a Premium Member, Standard Member,
a nominated Referee, or a visitor to the Pet Sitter
Swap Service, acknowledge that we are not and
cannot be responsible for the behaviour of Members
or their pets. This applies to the Pet Sitter
Swap Service or outside of it. We only provide
a means by which the Pet Sitter Swap Service may
be accessed.
We do not guarantee that you will be contacted by any Member.
We do not guarantee that any Member will reply to your message(s).
In particular, you should note that Pet Sitter
Swap does not necessarily monitor the material
contributed by Members.
While we may help facilitate the resolution of
disputes through various programmes, we have no
control over and do not guarantee the quality,
safety or legality of any claims in member profiles,
the truth or accuracy of member profiles, the
truth or accuracy of feedback or references or
other content posted by users on our sites.
Should you arrange a meeting with any Member, you agree that you do so solely and fully at your own risk and that your safety and that of your pet's is your own responsibility and without the scope of Pet Sitter Swap. You also undertake to exchange (and check the veracity of) some form of reliable photo-identity document (eg passport or photo-driving licence) when you first meet a Member contacted through Pet Sitter Swap to verify their identity and confirm that person really is the Member contacted through Pet Sitter Swap. Should you arrange to look after another person's pet you agree that you will obtain adequate pet insurance that includes appropriate third party liability cover.
You indemnify Pet Sitter Swap,
its shareholders, principals,
staff, representatives and agents
fully against such responsibility
and risk to your well being.
You undertake that you will take
all precautions necessary to ensure
your own safety.
You accept that in the event that you have a dispute with one or more members you release Pet Sitter Swap from claims, demands and damages, actual and consequential of any kind or nature known or unknown suspected or unsuspected, disclosed and undisclosed arising out of or in any way connected to such disputes.
8. DISCLOSURE
We will not normally communicate
such of a Member's personal information
to third parties seeking its disclosure,
but reserve the right to do so
in satisfying a legally-compliant
request (for example, a court
order).
9. PRIVACY POLICY
Pet Sitter Swap's Privacy
Policy forms part of this
Agreement, and by agreeing to
this Agreement, you also give
your consent to the way we may
handle your personal data in these
policies.
10. OTHER SERVICES
From time to time Pet Sitter
Swap may offer new or additional
services through the Pet Sitter
Swap Service. Use of such services
may be subject to additional terms
and conditions, or rules of use,
which you must comply with.
Provided that those terms or rules
are notified to you on the Pet
Sitter Swap Service in an appropriate
manner (as determined by Pet Sitter
Swap in its reasonable discretion),
any failure by you to comply with
a material provision of the terms
or rules governing those services
will amount to a breach of this
Agreement.
11. OPERATION
Pet Sitter Swap reserves the
right to withdraw or modify one
or more aspects of the Pet Sitter
Swap Service where we have legal
or technical reasons to do so
(including technical difficulties
experienced by Pet Sitter Swap
or on the Internet). There may
also be times when the Pet Sitter
Swap Service becomes unavailable,
whether on a scheduled or unscheduled
basis. For security or other reasons,
we may require you to change password
or other information which facilitates
access to the Pet Sitter Swap
Service.
Your use of the website is at your own risk. We do not warrant that the Pet Sitter Swap website is compatible with your computer equipment or that the website or its server is free of viruses and we are not liable for any damage you may suffer as a result of such destructive features. Subject to the provisions on these Terms and Conditions, if you are dissatisfied with the website, your sole remedy is to discontinue use of the website.
Save in respect of fraud and of personal injury or death to the extent it results from our negligence, in no event shall we be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if we have been advised of the possibility thereof.
12. SITE USE
Members of the Pet Sitter
Swap Service must not use your
access to the Pet Sitter Swap
Service, or information gathered
from it, for the sending of unsolicited
bulk e-mail (also known as spam
or spaming).
You accept that the website is
provided as an information service
only and does not intend to create
any legal relations between you
and us in relation to the provision
of Pet Sitting services. You agree
that if you are contacted by a
third party who has obtained your
details from a Member that you
shall refuse to agree to any contract
with that third party and notify
Pet Sitter Swap immediately.
You agree that you will acknowledge
any message sent to you by another
member through the site within
48 hours of accessing it. If you
are unable or unwilling to do
so then you agree that Pet Sitter
Swap will send an automated response
on your behalf acknowledging the
sender's message and declining
the sender's request.
13. SITE MISUSE
We reserve the right:
a. to suspend or terminate any
Member's access to the Pet Sitter
Swap Service, or parts of it,
and/or
b. to edit, or require the Member
to edit, material posted on the
Pet Sitter Swap Service, if the
relevant Member or material appears
to us to be in breach of any provision
of this Agreement.
Any person whose access has been
suspended or terminated must not
re-register for, or re-access,
the Pet Sitter Swap Service without
our prior consent.
You are responsible for everything
which is done on or through the
Pet Sitter Swap Service while
your Membership account is logged
on to the Pet Sitter Swap Service,
or through your e-mail address(es).
14. FEES
a. The Pet Sitter Swap service
presently incurs no charge to
people who live in the United
States.
b. You acknowledge that we are
entitled to alter the amount or
the basis of the calculation of
our fees from time to time, provided
that such amount or basis is clearly
stated at the time when you agree
to take the relevant Pet Sitter
Swap Service.
c. Pet Sitter Swap has a 7-day cooling-off policy in which you are entitled to a full refund of your membership fee. Provided that you have not accessed another member's contact or reference details (e-mail/telephone number/address etc) through Pet Sitter Swap then your fee will be returned on a no-questions-asked basis.
d. Fees paid by a Premium Member
will not be rebated or refunded
by Pet Sitter Swap, unless the
Pet Sitter Swap Service for which
the Premium Member has subscribed
is completely withdrawn from that
Premium Member by us other than
in circumstances permitted under
this Agreement.
e. We may add new or ancillary
services from time to time, which
require the payment of fees -
either to us or a nominated third
party - on terms which will be
provided to you at the time.
15. PROHIBITIONS
You are responsible for ensuring
that no material you post, or
which is posted through a machine
on which you access the Pet Sitter
Swap Service, nor any activity
or communication you make in connection
with any Pet Sitter Swap Service,
will be capable of:
a. infringing the intellectual
property or other rights of any
person or entity
b. breaching any applicable law,
whether criminal, tortious or
otherwise, or
c. appearing to be offensive,
threatening, obscene, pornographic,
false, unreliable or misleading.
16. ALERTING PET SITTER SWAP
If you see anything on the
Pet Sitter Swap Service which
appears to infringe this Agreement,
then please contact us to inform
us of it by via the 'Contact Us'
button in the main menu, or by
e-mailing us at support@PetSitterSwap.com
17. OFFENSIVE MATERIAL AND
TERMINATION OF MEMBERSHIP
a. You acknowledge that we are
entitled to withdraw any material
on the Pet Sitter Swap Service
which appears whether based on
information received from Members
or others, or our own determination
to be capable of breaching any
part of this Agreement, or to
bring the Pet Sitter Swap Service
into disrepute.
b. You agree that the contribution
of such material to the Pet Sitter
Swap Service may result in termination
of membership.
c. You undertake that should your
membership be terminated by us,
you will not ask any other person
to re-register on this site on
your behalf, or/and attempt to
register again with us, unless
you first contact us in writing
and receive authority from us
in writing.
18. DISCLAIMER AND RELEASE
You acknowledge that Pet Sitter
Swap has no control over or responsibility
for the truth or accuracy of any
material available on the Pet
Sitter Swap Service. This is the
case for material provided by
Members or others.
Please note that it is possible that Members may provide information or otherwise behave in a way that is unreliable, misleading or even illegal, even though they are strictly prohibited from doing so, and would be breaching this agreement. Further, you should note that people may not necessarily be who they say they are.
Your use of the Pet Sitter Swap Service is entirely at your own risk. You should exercise no lesser degree of caution in appraising what you see on the Pet Sitter Swap Service than you do off-line.
Accordingly, to the extent that
the law permits, you agree to
release Pet Sitter Swap, its directors,
contractors and employees from
all liability arising out of or
in connection with the Pet Sitter
Swap Service and the material
included by Members and other
third parties.
19. LINKS TO OTHER SITES
You acknowledge that we do
not necessarily endorse or have
responsibility for any sites that
are linked to from the Pet Sitter
Swap Service.
20. INTELLECTUAL PROPERTY
a. You acknowledge that all
copyright, trademarks, and other
intellectual property rights in
and relating to the Pet Sitter
Swap Service (including the material
which is contributed by Members)
are owned by Pet Sitter Swap.
b. You agree that without obtaining
our prior written permission you
will not copy, distribute, show
in public or create any derivative
work from the Pet Sitter Swap
Service, or any of the material
found on the Pet Sitter Swap Service.
c. When you submit any material
to the Pet Sitter Swap Service,
you:
(i) are representing that you
are fully entitled to do so;
(ii) grant us a non-exclusive,
royalty-free, non-terminable licence
right to copy, edit, distribute,
show in public and create derivative
works from that material in any
form, anywhere; and
(iii) authorise us to adapt the
relevant material in the course
of doing so, and so waive your
moral rights to object to any
derogatory treatment, or to be
identified as the author, of the
material in question.
21. EXCLUDED LOSS
We will not be liable to you
or any third party for any indirect
or consequential loss or damage,
or for any loss of data, profit,
revenue or business, howsoever
caused (whether arising out of
any negligence or breach of this
Agreement or otherwise). Pet Sitter
Swap will also not be liable for
any failure to perform of its
obligations under this Agreement
caused by matters beyond its reasonable
control.
22. MAXIMUM LIABILITY
Without limiting the preceding
Clause, during any period of twelve
months, the aggregate liability
of Pet Sitter Swap under this
Agreement (whether arising in
negligence or otherwise) will
not under any circumstances exceed
an amount equal to the sums paid
by you to us by way of Premium
Membership fees during the relevant
period of twelve months, regardless
of the cause or form of action.
23. NON-EXCLUDED LIABILITIES
Nothing in this Agreement limits
Pet Sitter Swap's liability for
death or personal injury resulting
from our negligence, or any other
liability which may not by law
be excluded. Any statutory rights
you may have as a consumer remain
unaffected.
24. ASSIGNMENT
We reserve the right to assign
this Agreement, and to assign
or subcontract any or all of our
rights and obligations under this
Agreement. You may not without
the written consent of Pet Sitter
Swap assign or dispose of this
Agreement.
25. ENTIRE AGREEMENT
This Agreement includes our Privacy
Policy. Together they contain
the whole of the agreement between
us and you concerning the Pet
Sitter Swap Service and they replace
all earlier agreements and understandings
with you, except for any fraud
or fraudulent representation by
either of us. A person who is
not a party to this Agreement
has no right under the Contracts
(Rights of Third Parties) Act
1999 to rely upon or enforce any
term of this Agreement.
26. CHANGES TO THIS AGREEMENT
Pet Sitter Swap reserves the
right to change this Agreement
from time to time, and post the
new version on the Pet Sitter
Swap Service. When we do so, we
will notify you of the fact that
there are changed terms on the
main screen (PetSitterSwap.com),
and the new version of these terms
and conditions will take effect,
and will govern all Pet Sitter
Swap Services and your relationship
with Pet Sitter Swap:
a. commencing four weeks after
the date of posting (or such later
date as Pet Sitter Swap indicates
in the relevant posting), if any
of the changes is to an operative
provision of this Agreement which
is capable of adversely affecting
you; if you do not wish to be
governed by the new version of
the Agreement, you may notify
us on or before the date when
the new version of the Agreement
is to take effect, and from that
date you must cease to use the
Pet Sitter Swap Service; or
b. immediately upon the date of
posting (or such later date as
Pet Sitter Swap indicates in the
relevant posting), if the changes
are not to operative provisions,
or not capable of adversely affecting
you - examples of which would
include, without limitation, changes
to one or more of Pet Sitter Swap
's addresses or e-mail addresses
referred to in this Agreement.
27. SEVERABILITY
In the event that any term
of this Agreement is held to be
invalid or unenforceable by judicial
decree or decision, the remainder
of this Agreement shall remain
valid and enforceable.
28. LAW
This Agreement shall be governed
by and construed in accordance
with the laws of England and Wales.
29. CONTACT
You can contact us by post
at 53 Bushey Road, Ickenham, Middlesex,
UB10 8JX. Please include your
e-mail address with all correspondence.