Terms of Service: PetCloud Pet Taxi
By registering as a member of PetCloud you agree to the terms and conditions as set out below and as amended from time to time:
1. Definitions for the purposes of this App:
(a) “Driver” means a member who, for a fee, looks after a pet owner’s pet or pets on terms and conditions as agreed between the pet owner and the pet taxi driver
(b) “Owner” means a member who owns or is responsible for a pet
(c) “Member” means a person who upon payment of the application fee contained on this website or registering on this website agrees to the terms and conditions herein
2. PetCloud is an introductory agency only and:
(a) will use reasonable endeavors to match a pet owner with a pet taxi driver;
(b) does not directly or indirectly employ the pet taxi driver;
(c) has the right, in its absolute discretion, to refuse to provide services to a pet owner or a pet taxi driver;
(d) is not involved in the negotiations between members or for supervising the transactions that take place between its members.
(e) has no control of the contents posted by members and cannot ensure or guarantee the accuracy or legality of any such content; and
(f) is not involved in the transaction between members and is not a party to any transactions that take place between its members.
3. The pet taxi driver and pet owner will act reasonably to enter into an agreement whereby the pet taxi driver will agree to transport and care for the pet owner’s animal/s at a price and for a term on terms as agreed. PetCloud has no responsibility for the terms of the agreement entered nor for the collection of any monies due or payable. The pet owner and the pet taxi driver do not reply upon representations made by or on behalf of PetCloud and rely entirely upon their own enquiries as to suitability of the pet taxi driver to provide services for the pet owner.
4. PetCloud accepts no responsibility for:
(a) any incidental, indirect or consequential damages which may occur to any person or animal as a result of using the PetCloud service, or by any act or omission of a pet taxi driver or of any pet owner or animal;
(b) the behavior and/or conduct of other members or their animals;
(c) the suitability, honesty, capability or character of any member;
(d) the suitability of the pet taxi driver’s premises for the pet owner’s animal/s;
(e) any incidental, direct, indirect or consequential damage that may be caused to any personal or animal, whether as a result of omission, accident, injury, aggravation or otherwise; and
(f) any monies due and payable either by or to the pet owner or the pet taxi driver.
5. You irrevocably release PetCloud, its directors and employees absolutely from all liability and responsibility for injury, damages, illness, accident, death, veterinary expenses, loss of property howsoever arising which may occur to any animal or person at any time as a result of the use of this introductory agency. You agree to indemnify, and keep indemnified, PetCloud, its directors and employees from and against all liability, damages, veterinary expenses, claims, actions and costs of defending such claims and action whatsoever in respect thereof.
6. PetCloud does not make any warranty as to:
(a) the suitability, honesty, capability or character of the pet taxi driver;
(b) the suitability of the pet taxi driver’s premises;
(c) the nature or temperament of any pet; and
(d) the capability of a pet taxi driver to adequately exercise and care for any pet
and does not accept any responsibility in relation to these matters.
7. PetCloud is not responsible for any computer viruses or breakdowns which may arise as a result of using this service.
8. All correspondence and emails that you receive from PetCloud or a member of PetCloud are confidential. You are not permitted to forward these emails to another party without first obtaining the consent of the original sender.
9. All costs and expenses displayed on this app are subject to our refunds and cancellation policy available in clause 27.0. You are responsible for all charges associated with the use of PetCloud. If you are a pet owner, you are also separately responsible for all costs and expenses incurred by the pet taxi driver as agreed between you and the pet taxi driver.
10. PetCloud is not responsible for any information or materials posted or transmitted via its website/App.
11. PetCloud is not responsible for resolving disputes between members.
12. Members are responsible for their own online charges from internet service providers and all associated and incidental costs.
13. All members agree that, in relation to personal information of other members that are obtained through this website or through PetCloud facilitated transactions; that information will not be used for any unsolicited commercial purpose. Members are expressly prevented from adding personal information of other members to any electronic or physical mailing lists, or for sending spam or other content not expressly authorised by PetCloud.
14. PetCloud is not responsible for any losses or damages that result from loss of user ID and/or password.
15. PetCloud may, in its absolute discretion, amend or alter the content of a member profile. This includes but is not limited to the removal of company names, URL links and inappropriate or offensive material as deemed so by us.
16. PetCloud may, in its absolute discretion, cancel a membership for any breach of these terms and conditions as amended from time to time.
17. PetCloud may amend the terms and conditions from time to time. If you do not agree with any of our terms and conditions, you must stop using our mobile apps or website. If, after changes to our terms and conditions you continue to be a member of PetCloud, you will be considered to have accepted the varied terms and conditions.
18. As part of using this app, you agree that your details will be cross-checked with the RSPCA's Animal Cruelty Register and if membership is deemed not appropriate by PetCloud staff or the RSPCA, then your membership will be terminated.
19. As part of using this app, you agree that your pet is not listed on a dangerous dog register. You also agree to have your pet's details cross-checked with the RSPCA's Dangerous Dog Register and if found to be listed as a dangerous dog, they will not be eligible to use this service.
20. By becoming a Pet Sitter or offering Pet Services through PetCloud, you agree that you are 18 years of age or that you have permission and supervision from your parents. PetCloud takes no responsibility for any child who has not requested permission and supervision.
21. I agree that I will not refer or discuss any users to any other pet service as I realise PetCloud spends time & money in working to promote Sitters. If I choose to violate these conditions, PetCloud Admin may choose to terminate my membership permanently.
22. I agree that I will not volunteer my phone number, email, or address to any users before a paid booking has taken place and will only be provided to users after a payment for a booking has occurred.
23. I agree to pay for any bookings I make up front before my holiday begins. In not doing so, I take full responsibility for all costs incurred, should my booking be cancelled for non-payment.
24. If I run a Pet Care business on PetCloud, I agree to displaying a clear personal profile picture and agree that I will not display my business name or logo on my listing, as I accept that PetCloud is built on personal relationships and trust.
25. In the event of an approved insurance claim, $500 excess fee is payable to PetCloud (to be paid by the sitter) before reimbursement money is sent to the nominated bank account. All claims are subject to the applicable policies as specified by relevant underwriters.
26. Ongoing Relationship with PetCloud: You have an ongoing relationship with PetCloud and every booking, including subsequent bookings with the same client (Pet Owner) or pet service provider (Pet Sitter / Dog Walker/ Pet Taxi driver) must go through the PetCloud platform.
27. Refunds and Cancellations: Users understand and acknowledge that the Pet Services may be subject to statutory guarantees under Australian Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.
Payable amount is calculated after you availed our services, charges are final and non non-refundable. PetCloud will utilize a third party payment services provider to facilitate financial transactions. All charges are due and payable immediately. Price may increase in peak seasons due to high demand, petcloud will make every effort to communicate such changes.
Force Majeure: The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Pet Taxi Drivers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, bushfire, flood, war, riots, pandemic situation or other similar disaster. In such cases PetCloud may, in its reasonable discretion, issue refunds under terms.