PuppyGoGo Terms and Conditions

Last Updated: 23 December 2016

 

These terms and conditions together with our Privacy Policy (collectively the “Terms”) apply to any access and use of the Sites.  By accessing or using the Sites, you agree to comply with and be legally bound by the Terms and all applicable laws and regulations, and you warrant and represent that you are legally entitled to do so, whether or not you become a registered User of one or more of the Sites.

In the event that you do not agree to the Terms you must immediately cease to access or use the Sites and any failure to do so may constitute a breach of these Terms and PuppyGoGo as operated by PGG Services Pty Limited (hereafter referred to as “PuppyGoGo”, “PGG”, “us”, “we”, “our”) reserves all rights with respect to any available legal remedies.  These Terms represent the legal agreement between you and PuppyGoGo for the use of the Sites and any PGG Services.

PuppyGoGo reserves the right to change or amend the Terms from time to time with such changes to become effective immediately.  If you continue to use or access the Sites you will be deemed to have accepted any changes or amendments and agree to comply with the Terms including any changes or amendments.  By using or accessing the Sites you represent and warrant that you are eighteen (18) years of age or older.  This Site and the PGG Services are not intended for use by those under eighteen (18) years of age, and any use of the Sites or PGG Services by someone under the age of eighteen (18) is expressly prohibited.

 

1)      Key Terms

“Content” means all content contained or displayed within the Sites including but not limited to User Material, photographs, text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials (with the express exclusion of any Personal Information and any content contained or displayed on third party websites accessed via web links or hyperlinks contained within the Sites);

 

“Booking” means an arrangement, agreement or contract between a Host and an Owner for the provision of Pet Services;

 

“Cancellation Policy” means the cancellation policy contained in clause 2(c) of these Terms;

 

“Discount Coupon” means a coupon or alphanumeric code generated by PGG and provided to Users or members of the public to be applied against any Service Fee;

 

“Host” means an individual or business provider of Pet Services;

 

“Job” means Pet Services required by an Owner;

 

“Job Post” means a posting or listing that contains details related to a Job and is displayed on the Sites for browsing by Users;

 

“Owner” means an owner or person responsible for the care of a domesticated pet who is seeking the provision of Pet Services;

 

“Profile” means an online profile of a User which may include but is not limited to:

a)      a description of the Pet Services the User may require as an Owner; and

b)      the Pet Services the User may be able to provide as a Host including but not limited to:

i)       relevant dates of availability;

ii)      location of boarding or other facilities made available to pets; and

iii)     web links or hyperlinks to third party websites related to the User;

 

“Personal Information” means information relating to Users as described in clause 2 of the Privacy Policy;

 

“Pet Services” means any goods or services related to the care or boarding of pets;

 

“PGG Services” means the services provided by PuppyGoGo to Users via access to the Sites, limited to the provision of and access to the Sites:

a)       which provide an online platform to facilitate and enable Owners to arrange for and book Pet Services to be provided by Hosts;

b)      which provide an online platform to facilitate and enable Hosts to advertise Pet Services and communicate to Users; and

c)       provide electronic payment services (via a third party provider) to facilitate and enable the financial transaction between Hosts and Users in accordance with these Terms (whereby PuppyGoGo acts as the limited agent of each Host for the purpose of accepting payments from Owners on behalf of the Host).

 

“Privacy Policy” means the PuppyGoGo privacy policy made available on the Sites as amended from time to time;

 

“PuppyGoGo” means PGG Services Pty Ltd (A.C.N. 606 894 606) acting as trustee for the PuppyGoGo Trust and any subsidiary or related entity as defined in the Corporations Act 2001 (Cth) where applicable;

“PuppyGoGo Trust” means the trust established by deed of trust on 5 July 2015;

“Service Fee” means the full charge payable by an Owner to a Host for the Pet Services to be provided by the Host to an Owner in accordance with a Booking (not including any applicable Transaction Fee);

“Sites” means the websites operated by PuppyGoGo together with the online functionality, platform, and software used to provide the PGG Services located on any one or more of the puppygogo.com, puppygogo.com.au, puppygogo.co.nz domain names;

 

“Terms” means these terms and conditions together with the Privacy Policy;

 

“Transaction Fee” means a 3.0% fee charged by PuppyGoGo to an Owner calculated against the Service Fee less any applicable Discount Coupon;

 

“User” means an Owner or Host (collectively and severally);

 

“User Material” means all Content submitted or provided by a User via one or more of the Sites including but not limited to:

a)      Job details;

b)      Profile information;

c)      photographs;

d)      videos;

e)      text;

f)       feedback;

g)      testimonials;

h)      communication via the online messaging service on the Sites;

i)       web links or hyperlinks and

j)       graphics.

2)      Use of Sites for PGG Services

People who access and use any one or more of the Sites may use the PuppyGoGo online platform as Owners to meet suitable Hosts for the provision of Pet Services, or as Hosts, to provide a Profile which describes the Pet Services that the Host is able to offer Owners.

 

a)       Registration

Hosts who wish to utilise the Sites and PGG Services to find Owners for the provision of Pet Services, should enter the registration page of the relevant Site and create a Profile which contains current, accurate and detailed information as required by the Profile form.  The User Material submitted in the Profile will be made available to all people who access the Sites.

 

Owners are able to use the online platform to search for potential Hosts, however they will be unable to access critical booking and contact information relating to Hosts until registered as an Owner.  Owners should enter the registration page and enter in the current and accurate details as required to complete their Profiles.

 

b)      Posting Jobs

Owners who have created a Profile are able to use the online platform to post requests for Pet Services in Job Posts.  Each Job Post will be required to specify details relating to the Job including category of Pet Services, start date and end date, location and price offered for the provision of the described Pet Services.

 

c)      Booking and Payment Process

i)       The Profile of a Host will contain detailed information regarding the Pet Services that can be requested from the relevant Host.  Hosts are able to set the pricing for the Pet Services in accordance with the parameters set out in the Sites.

ii)      Once a registered Owner has selected a Host for the provision of Pet Services (either through browsing the Hosts or through responses to a Job Post), the Owner may contact the Host via the online messaging service contained on the Sites in order to obtain more information or clarification regarding the Pet Services offered by the Host before proceeding to request Pet Services.

iii)     Once an Owner is satisfied that the Host is able to provide the required Pet Services to the Owner, and the Host is available to provide those Pet Services at the time, dates and for the duration required by the Owner, the Owner should proceed to requesting Pet Services.  By submitting a request for Pet Services to a Host (including providing credit card details), the Owner agrees to the payment terms as agreed between the Host and the Owner and the Owner agrees to pay a Transaction Fee to PuppyGoGo for the provision of the PGG Services.

iv)     An Owner may apply a valid Discount Coupon to any Booking.  The value of a valid Discount Coupon will be deducted from the Service fee related to the relevant Booking.  PGG reserves all rights in relation to the validation of any discount Coupons and PGG may determine, at the sole discretion of PGG, to accept or decline the application of a Discount Coupon.

v)      A Host who has received a request for Pet Services has three (3) days to accept the request.  In the event that the Host fails to accept the request within three (3) days or the Host rejects the request, the Owner will be immediately notified and redirected to search for another suitable Host.  Upon acceptance by a Host of a request for Pet Services, the Owner’s credit card will be charged the Service Fee (less the value of any Discount Coupon applied to the Booking) plus the Transaction Fee immediately.  The acceptance by a Host of a request for Pet Services by an Owner constitutes a successful Booking.  In the event that the Owner specified that a meeting between the Owner and the Host was required prior to the commencement of the Booking, both the Owner and the Host must verify that the meeting has been successful before the Booking will be completed.  If either the Owner or the Host rejects the Booking following a meeting, no booking will take place and the Owner will be redirected to search for another suitable Host.

vi)    As a Host, you acknowledge and contractually agree with PuppyGoGo that the first and all future bookings with an Owner initially contacted through the PGG Services will be booked via the Sites.  Any failure to adhere to this policy may lead to suspension or termination from the Sites at the sole discretion of PuppyGoGo.

vii)   Each Host hereby appoints PuppyGoGo as the Host's limited agent solely for the purpose of collecting payments made by any Owner on behalf of the Host. Each Host agrees that any payment made by an Owner to PuppyGoGo shall be considered the same as a payment made directly to the Host and the Host will make the Pet Services available to the relevant Owner in the agreed upon manner as if the Host has received the applicable fees. Each Host agrees that PuppyGoGo may, in accordance with the cancellation policy contained in these Terms, permit the Owner to cancel the booking and refund to the Owner that portion of the fees specified in the cancellation policy. In accepting appointment as the limited authorised agent of the Host, PuppyGoGo assumes no liability for any acts or omissions of the Host.

viii)   In the event that the Owner requests an extension of the Pet Services and that request is accepted by the Host, the Host will be charged the average daily cost of the original Booking per additional day, plus an additional Transaction Fee relating to the extended period only.

ix)     In the event that the Owner does not return to collect their pet(s) at the end of the booked period, the Owner’s credit card will continue to be charged the average daily cost of the original Booking per additional day, plus an additional Transaction Fee for each additional day until the Owner collects their pet(s).  In the event that the Owner has not been in contact with the Host and the Owner’s pet(s) has(have) not been collected after seven (7) days, PuppyGoGo will assume responsibility for the pet(s) and find alternate arrangements in accordance with applicable laws and regulations relating to animal abandonment which may include providing the pet(s) to an animal shelter.

x)      Upon completion of a successful Booking, the Owner and the Host will be required to provide detailed feedback to PuppyGoGo regarding the Pet Services provided.

xi)     Electronic transfer of the Service Fee will be made by PuppyGoGo to the Host within three (3) days of the Host indicating a successful completion of the Booking or cancellation of the Booking in accordance with the Cancellation Policy.

 

d)      Cancellation Policy

In the event that:

i)       a Booking is cancelled by a Host prior to the Booking commencing, the cancellation will be recorded by PuppyGoGo and the Owner will be granted a full refund (including the Transaction Fee);

ii)      a Booking is cancelled by an Owner prior to the Booking commencing, the Owner will forfeit the Transaction Fee and be charged a proportion of the full Service Fee (including the value of any applied Discount Coupon) based on the following scale:

(1)    100% if cancelled within seven (7) days of the Booking commencement; or

(2)    0% if cancelled beyond seven(7) days of the Booking commencement.

The Host will receive the proportion of the Service Fee as defined above.

iii)     In the event that a Booking is cancelled during the duration of the booked Pet Services, the Owner will forfeit the full Service Fee.

e)      Dispute Resolution

Users are solely responsible for dispute resolution with any other User arising from or resulting from any act or omission by another User in relation to the provision of Pet Services whether the subject of a Booking or otherwise.

 

f)        Emergency

Each Owner must ensure that any Host who is engaged to provide Pet Services to the Owner is provided with contact information to reach the Owner in the event of an emergency medical situation arising from or involving an Owner’s pet. Owners and Hosts acknowledge and agree that, to the extent any situation arises where the Owner’s pet is required to receive emergency veterinary care while in the care or custody of the Host, the Host shall make reasonable efforts to contact the Owner and notify him or her of the situation. If an Owner cannot be reached following reasonable efforts, the Owner authorises the Host and PuppyGoGo to authorise care on his/her behalf in order to promptly treat the Owner’s pet. Owners acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Owner and that the Owner’s credit card may be billed for any amount to reimburse costs incurred by the Host or PuppyGoGo attendant thereto.

 

g)       Contact with Owners

As may be agreed between an Owner and a Host, or prescribed by PuppyGoGo in its sole discretion, Hosts may be required to provide periodic updates and/or photos to the User and/or PuppyGoGo via text or email.  In the event that a Host fails to meet their obligations with regard to providing periodic updates, this may constitute a breach of these Terms for the purposes of clause 6 of these Terms.

 

3)      Obligation to Comply with Laws

Each User is responsible for complying with all applicable laws and regulations related to the use of the Sites and the provision of any Pet Services.  Applicable laws are not limited to but may include taxation laws and regulatory obligations for Users to register as Pet Service providers.  PuppyGoGo makes no representation regarding any User’s compliance with applicable laws.  Each User is responsible for determining what local laws may apply, and in the event that any taxes become due and payable by a User through the provision of Pet Services, PuppyGoGo is not responsible for the payment of those taxes.

 

4)      Provision of Pet Services by Hosts

Hosts provide Pet Services directly to Owners.  PuppyGoGo is not a party to any agreement, arrangement or contract to provide Pet Services between a Host and an Owner.  PuppyGoGo is not a provider of Pet Services and has no responsibility for any Pet Services or other services provided or not provided by any Host or any other party.  PuppyGoGo makes no warranty or representation regarding the standard of any Pet Service or other service provided or to be provided by any Host.

Hosts warrant that any persons under the age of 18 years of age that are present during the provision of, or participate in the provision of Pet Services will be supervised by the Host at all times.  Hosts indemnify PuppyGoGo from any claim or demand, including reasonable legal fees, made by any third party due to or arising directly or indirectly from the provision of Pet Services by the Host.

 

5)      Termination of User Accounts

PuppyGoGo may, without prior notice or cause and in its sole discretion terminate access to the Sites and cancel or remove any Job Post or Profile.  Any applicable disclaimers, limits to liabilities, indemnities, rights of PuppyGoGo and other conditions contained herein will survive any such termination and PuppyGoGo retains all rights with respect to legal remedies that may exist as a result of a User’s access to the Sites or PGG Services.  Users may cancel their accounts with PuppyGoGo at any time by emailing This email address is being protected from spambots. You need JavaScript enabled to view it., however any User remains personally liable under these Terms for any use of the Sites or PGG Services.  As far as legally possible, any User who terminates their account or Profile forfeits any rights to their User Material and PuppyGoGo has no obligation to return or delete such User Material other than expressly set out in the Privacy Policy or as required by law.

 

6)      Breach of Terms

Any breach of these Terms may result in access to the Sites being blocked and the registration as a User being cancelled or terminated at the sole discretion of PuppyGoGo.  PuppyGoGo may exercise this discretion without any communication or notification to a User or any other individual accessing the Sites or PGG Services.

 

7)      PuppyGoGo Content

All Content available, published or distributed by PuppyGoGo via the Sites or otherwise is either owned or licensed by PuppyGoGo, or owned by third parties authorised by PuppyGoGo to make available, publish or distribute that Content on the Sites, unless expressly excluded.  Content may not be used, replicated, amended or otherwise redistributed by any third party without the prior written consent of PuppyGoGo.

PuppyGoGo retains all proprietary and intellectual property rights pertaining to Content.  Persons viewing or using Content whether Users or otherwise may use Content solely for the purposes intended by PGG Services, however, other than as expressly permissible by law, they have no right to use, replicate, copy, amend, produce, publish, display, perform, distribute, transmit or sublicense any Content, other than User Material submitted or provided by them.

 

8)      User Material

Users are solely responsible for all User Material submitted or provided by them.  PuppyGoGo through its Sites acts as a passive facilitator that enables the online distribution and publication of User Material.  To enable PuppyGoGo to use User Material and to ensure PuppyGoGo does not violate any rights you may have in that User Material, you hereby grant PuppyGoGo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyright, publicity rights, and any other rights you have in your User Material, in any media now known or not currently known. Subject to the Privacy Policy, PuppyGoGo is hereby granted complete discretion in how it chooses or uses User Material in connection with the Site or the PGG Services.

By agreeing to these Terms you grant PuppyGoGo the right, in its sole discretion, to use or publish any User Material submitted or provided by you, on any one or more of the Sites as well as via text message, email and third party websites and social media forums including but not limited to Twitter, Facebook, Google+, Instagram and Pinterest.

You hereby agree and warrant to PuppyGoGo that any User Material submitted or provided by you on any one or more of the Sites, will:

a)      not contain any false, inaccurate, incomplete or misleading information;

b)      not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;

c)      not violate any law, statute, ordinance, or regulation (including but not limited to consumer protection, unfair competition or false advertising);

d)      not be discriminatory,  defamatory, threatening, or constitute harassment;

e)      not be obscene or contain child pornography or be harmful to minors; or

f)       not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage or interfere with any Content or Personal Information.

Each User indemnifies PuppyGoGo for any claim or demand, including reasonable legal fees, made by any other User or third party due to or arising directly or indirectly from their User Material.

 

9)      Disclaimer and Limitation of Liability

a)       By accessing the Sites and using PGG Services, each User acknowledges that PuppyGoGo is not a party to any agreement, arrangement or contract between Users.  Owners and Hosts acknowledge and warrant that PuppyGoGo is not responsible for, and does not provide any Pet Services.  PuppyGoGo disclaims all liability relating to or arising from any agreement, arrangement or contract between Users.

b)      PuppyGoGo does not, and has no obligation to moderate, review or amend any Content, and as such PuppyGoGo makes no warranties whether express or implied as to the accuracy or reliability of any User Material. Importantly, PuppyGoGo makes no representation and does not warrant that any information or description provided on the Sites (whether contained on Profiles, Job Posts or otherwise) is accurate, complete, current, without error or reliable.  PuppyGoGo is not responsible for any incorrect or inaccurate Content and PuppyGoGo accepts no responsibility or liability relating to the use or misuse of such content by Users or other third parties.

c)       PuppyGoGo has engaged third party service providers for use on the Sites and in the provision of the PGG services.  PuppyGoGo is not responsible for the conduct of third party service providers and any Content supplied or provided by them.  Any links to third party websites contained on the Sites are not necessarily checked, monitored or administered by PuppyGoGo for accuracy, reliability or functionality.  PuppyGoGo accepts no responsibility or liability with respect to access to or use of third party websites and PuppyGoGo makes no representation regarding the suitability of any goods or services provided by third party websites.

d)      You agree that PuppyGoGo is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Sites. Notwithstanding the requirement that all Users comply with these Terms, it is possible that other Users and unregistered users of the Sites may post or transmit inappropriate, offensive or obscene materials to which you may be involuntarily exposed.  All Users agree to waive any and all legal or equitable rights or remedies that may arise against PuppyGoGo resulting from any Content appearing on any one or more Sites.

e)      Users acknowledge that other Users and unregistered users of the Sites may use User Material or Personal Information for purposes other than intended by the User who has submitted or provided the User Material and Personal Information.  PuppyGoGo takes no responsibility for any Personal Information or User Material that you disclose on the Sites. Care should be taken when posting Personal Information or information that you do not want exposed to potential misuse.

f)        PuppyGoGo is not responsible for any problems of a technical nature including but not limited to:

i)        technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software;

ii)       failure of any e-mail or electronic communication due to technical problems or traffic congestion on the Internet or on any of the Sites or third party websites or combination thereof, including any injury or damage to Users or to any person’s computer relating to or resulting from participation or downloading materials in connection with PGG Services; or

iii)     any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, of any User communication during the use of the Sites or the provision of PGG Services.

g)       To the full extent permissible by law, PuppyGoGo is not responsible for any loss or damage, including personal or animal injury or death, resulting from use of the Sites or PGG Services, any Pet Services, from any Content posted on or through any one or more of the Sites, or from the conduct of any Users of the Sites, whether online or offline.

h)      Owners are solely responsible for selecting and ensuring each Host is an appropriate person to provide Pet Services.  PuppyGoGo assumes no responsibility or liability with respect to each Host’s suitability to provide any Pet Services.

i)        PuppyGoGo makes no representation or warranty of any kind, express or implied:

i)       with regard to the operation of the Sites, PGG Services, the Content, and materials or products included thereon;

ii)      that the Sites and/or PGG Services will be uninterrupted or error-free;

iii)     as to the accuracy, reliability, or currency of Content (including any User Material); or

iv)     that the Sites, the servers, the PGG Services, Content, or e-mails sent from or on behalf of PuppyGoGo are free of viruses, scripts, trojan horses, worms or other harmful components.

j)        PuppyGoGo does not warrant that the Sites or PGG Services will be provided and made available through continuous, uninterrupted or secure access.

k)       PuppyGoGo makes no representation regarding the availability of a suitable Host for any Pet Services required by an Owner.

l)        PuppyGoGo is not liable for any damages that result from the use of the Sites or PGG Services, including but not limited to reliance by a User on any Content that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to PuppyGoGo’s records, programs, or services.

m)    Users acknowledge and agree that PuppyGoGo will not be liable for any:

i)        loss of data, profits or revenue, use, contracts, goodwill, anticipated savings;

ii)       for any ex gratia payments made to third parties or for bank charges incurred;

iii)      for any indirect, incidental, punitive, special or consequential damages arising from the use of the Sites and/or PGG Services, whether the damages are foreseeable, and whether or not PuppyGoGo has been advised of the possibility of such damages.

n)      The limitations of liability contained in these Terms shall apply to the fullest extent permissible by law.  

o)      To the extent that PuppyGoGo is liable for any act or omission, PuppyGoGo’s liability will be limited to the cost(s) paid to PuppyGoGo for use or access to the PGG Services which gave rise to the liability.

p)      You expressly acknowledge you have read, understood and agree to the Terms contained in these Terms and specifically the limitations to PuppyGoGo’s liability contained in this clause 9 of the Terms.

10)   Insurance

The provision of Pet Services is not without risk and can lead to injury or damage of people, pets and possessions. PuppyGoGo accepts no liability in respect of any loss associated with the provision of Pet Services or other services as arranged, agreed or contracted between a Host and an Owner. Users acknowledge and agree that they assume all responsibility for making independent enquiries regarding the suitability of a Host to provide Pet Services or other services.

 

11)   Indemnity

Each User agrees to indemnify PuppyGoGo from any claim or demand, including reasonable legal fees, made by any other User or third party due to or arising directly or indirectly from:

a)      the User’s access or use of the Sites and/or PGG Services and/or Pet Services;

b)      any breach of the Terms by the User or anyone using the User’s account details;

c)       any claim, loss or damage experienced by the User from the use or attempted use of (or inability to use) the Sites and/or PGG Services;

d)      the violation by the User of any law or regulation;

e)      the User’s infringement of any right of a third party; and

f)       any other matter for which the User is responsible in accordance with these Terms or under law.

12)   Applicable Jurisdiction

All persons who are bound by these Terms agree that the Terms and any suits and special proceedings that result from a breach or otherwise of these Terms, will be construed in accordance with and governed, to the exclusion of any other forum, by the laws of New South Wales, Australia, without regard to the jurisdiction in which any action or special proceedings may be instituted.

 

13)   Severabillity

In the event that any of the terms or conditions contained within the Terms are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these Terms.

 

14)   Waiver

The waiver by PuppyGoGo of a breach, default, delay or omission of any of the provisions of these Terms by a User will not be construed as a waiver of any subsequent breach of the same or other provisions.