Share Your Pet Terms of Service
1. ABOUT US
Welcome to Share Your Pet website www.shareyourpet.co.uk (the ‘Site’), the Site from which you can
(1) Meet people to share or to borrow pets (‘Pet Borrower’, ‘Pet Sharer’, ‘You’, ‘Customer’).
(2) Purchase products and services (the ‘Products’, the ‘Services’),
The Products and Services sold on Share Your Pet website are be provided to you by third parties. Share Your Pet (‘We’, ‘Our’, ‘Us’) is accepting payments on behalf of our trusted partners using our platform to sell their Products or Services.
(3) Advertise (Vet) businesses, Products or Services (‘Businesses’, ‘Customer’, ‘You’)
These Share Your Pet Subscription Terms of Service (‘Agreement’) is entered into by and between the Share Your Pet and the entity or person placing an order for or accessing any Services (‘Customer’ or ‘You’).
If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to ‘you’ or ‘Customer’ reference your company.
Share Your Pet website is operated by SHARE YOUR PET LIMITED, company registered in England and Wales under number 12216081, with its registered office at 97 Beechcroft Road, SW17 7BP, London, UK.
For any questions relating to the use of the Site, an Order, Delivery, Press or anything urgent please contact us via the live chat on our Site. This service can be accessed on Share Your Pet website: https://shareyourpet.co.uk or via the email: [email protected] Our Client Service team can be reached from Monday – Friday from 9am – 6pm UK time.
2. ACCEPTANCE OF TERMS
2.1 In this User Agreement Share Your Pet sets out the terms on which We offer you access to and use of our Site, services, applications and tools (collectively called ‘Our Services’.) You agree to comply with this User Agreement when accessing and using Our Services. By using our Services, you are entering into a contract with SHARE YOUR PET LIMITED.
2.2 By using Share Your Pet platform you agree to terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree with these Terms and Conditions you must stop using Share Your Pet platform immediately.
2.3 These Terms may be changed from time to time where it is necessary for us to do so for legal, regulatory reasons or if we change the way we operate. If such changed take place, we will inform you via email and will publish updates here.
3. ABOUT PET SHARING
3.1 Share Your Pet provides the platform, where:
• customers create listings as Pet Sharers, list pets for sharing, tell/write about their pets’ likes, dislikes, behaviour and the length of needed care for the pet.
• customers create listings as Pet Borrowers.
• access to a searchable database of such listings
• our Site allows you to communicate with each other
3.2 While we are providing the platform for your listings, communication and some basic guidance in Pet Sharing, such guidance is solely informational and you may decide to follow it or not. Share Your Pet reviews users’ listings and content. While we verify our Pet Borrowers, Share Your Pet has no control over, and does not guarantee the quality of pet care, safety of your pet; actions of third parties; or the trustworthy of Pet Borrowers.
3.3 Dogs covered under the Dangerous Dogs Act 1991, such as Japanese tosa or pit bull terrier, are not permitted to be registered on Share Your Pet platform.
3.4 Share Your Pet has no control about the truth or accuracy of Pet Sharers descriptions of their pets’ behaviour on their listings; or feedback left by other customers.
3.5 Share Your Pet reserves the right to remove and band listings, which have been reported by other Site users.
3.6 You must be at least 18 to use Share Your Pet platform. By registering our Site you warrant, that you are at least 18 year old.
3.7 Your pet must be at least 8 weeks old. By creating the listing/ registering your pet on Share Your Pet platform you warrant, that your pet is at least 8 weeks old.
3.8 You must be a legal owner of the pet in order to create the listing/ register your pet on Share Your Pet platform.
3.9 We reserve the right to delete any listing without any prior notice and explanation. We will not issue the refund if it is a paid listing.
4. SHARE YOUR PET AS A MARKETPLACE
4.1 Share Your Pet is a marketplace that allows users to sell and buy products and service
in the UK. Share Your Pet does not own listed or sold through Share Your Pet products and/or services, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Share Your Pet does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, Share Your Pet has no control over, and does not guarantee the existence, quality, safety or legality of items or services advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items or services; or the ability of buyers to pay for items or services.
4.2. Sellers must have a valid payment method on file with Share Your Pet at all times. You authorise Share Your Pet to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up your subscription type or changing your payment method, for future charges and fees incurred in relation to the Services provided by Share Your Pet. This includes, but is not limited to, amounts owed for Share Your Pet fees, Share Your Pet Money Back Guarantee reimbursements and postage labels. Share Your Pet will notify you of these charges. If payments or amounts owed to Share Your Pet cannot be completed through the payment method on file for any reason, you are still required to pay Share Your Pet for all unpaid amounts and Share Your Pet reserves the right to seek reimbursement through other means plus any additional costs incurred by Share Your Pet in seeking reimbursement. You can change your payment method in your personal account at any time.
Money Back Guarantee
4.3. Under the Share Your Pet Money Bach Guarantee if a seller chooses or is required to reimburse the buyer or Share Your Pet because a case is resolved in the buyer’s favour, we may:
1. remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller’s authorisation provided to us under this User Agreement; or
2. where there are insufficient funds in the seller’s PayPal account, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller’s chosen payment method, or invoice the seller for the reimbursement amount.
5. MONEY BACK GUARANTEE. ONLINE SHOP
5.1 To ensure all of our members have a great experience on Share Your Pet, most purchases are covered under the Share Your Pet Money Back Guarantee.
5.2 Share Your Pet Money Back Guarantee means you’re protected if the item you ordered didn’t arrive, is faulty or damaged, or doesn’t match the listing description. You’ll get your money back.
5.3 Under Share Your Pet Money Back Guarantee, the seller has 8 days to resolve your issue. If you can’t come to an agreement, you can ask us to step in and help. We’ll review the details of your case and make a decision within 48 hours.
6. ACCEPTABLE USE
6.1 You acknowledge that the content published publicly or transmitted privately is the sole responsibility of the person/ business whom such content originated. We do not control, endorse or guarantee the accuracy, quality or integrity of such Content. As such, by using the Services you acknowledge that by using the Services you may be exposed to Content, which is misleading, incorrect, offensive and/or indecent. Share Your Pet is not liable in any way for any Content transmitted via the Share Your Pet platform, Share Your Pet social media accounts, Share Your Pet blog. You agree to bear all risks associated with the use of any Content including reliance on the accuracy or completeness of such Content.
6.2 In connection with using or accessing the Services you WILL NOT:
• 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;
• post, list or upload products or services in inappropriate categories or areas on our Site;
• post, list or upload products or services of an inappropriate nature;
• breach or circumvent any laws, third-party rights or our systems or policies;
• infringe the copyright, trademark or other rights of third parties;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
• fail to deliver items sold by you, unless you have a valid reason such as you cannot contact the buyer;
• post false, inaccurate, misleading, defamatory, or libellous content;
• take any action that may undermine the Feedback or Instagram Share Your pet ratings systems
• transfer your Share Your Pet account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• use the contact information of other users for any purpose other than in relation to a specific Share Your Pet transaction on the Share Your Pet site (which includes using this information to send marketing materials directly to Share Your Pet users unless the user has given explicit consent to receiving these materials);
• distribute viruses or any other technologies that may harm Share Your Pet, or the interests or property of Share Your Pet users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, ‘Intellectual Property Rights’) that belong to or are licensed to Share Your Pet. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Share Your Pet or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• harvest or otherwise collect information about users, such as email addresses, without their consent;
• circumvent any technical measures we use to provide the Services.
6.3 If you are registering with Share Your Pet as a business entity, you represent that you have
the authority to legally bind that entity. If you are trading as a business on Share Your Pet, you must comply with all applicable laws relating to online trading.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.
6.4 If we believe you are violating the policy of buying the product or service that started on Share Your Pet and then completed outside of the Share Your Pet platform, both the buyer and the seller are not covered under the Share Your Pet money back guarantee. As such, contacting Share Your Pet to dissolve the issue counts as fraud and is not permitted.
6.5 Buyers and sellers of products listed on Share Your Pet ONLINE SHOP aren’t allowed to use information they’ve obtained on Share Your Pet to contact each other to buy or sell off Share Your Pet. Sellers who listed an item on Share Your Pet must pay all fees for the Share Your Pet services they’ve used, even if the sale is completed off Share Your Pet.
6.6 You may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement;
6.7 If you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of Share Your Pet, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the Share Your Pet site, even if the item does not sell.
6.8 We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
6.9 Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
7. ABUSING SHARE YOUR PET
7.1 Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
• we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
• we think that such restrictions will improve the security of the Share Your Pet community or reduce our or another Share Your Pet user’s exposure to financial liabilities;
• we think that you are infringing the rights of third parties;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
• despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
• if you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
7.2 When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
8. OUR FEES, CANCELLATIONS, REFUNDS.
8.1 We charge Customers monthly fee for subscriptions. The amount we charge depends on the selected subscription or an advertising plan.
8.2 The Sellers pay 10% fee from each sold product as well as monthly fee for advertising their business.
CONSUMERS RIGHTS TO CANCELLATIONS
8.3 Consumers’ legal right to cancel within 14 days and receive a refund. 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 8.4 sets out the procedure you must follow to cancel this contract.
8.4 If you purchased the Additional Services on Share Your Pet Site 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 the subscription. (“Cancellation Period”). If you cancel your contract for the Subscription, and/or Avdertising Services during the Cancellation Period, you will (subject to any deduction permitted under this clause 8.3) receive a refund for all membership payments made by you to us for the Additional 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.
30-DAY MONEY BACK GUARANTEE. SUBSCRIPTIONS and ADVERTISEMENTS
8.5 In addition, and without prejudice, to your legal right of cancellation as set out in clause 8.3, Share Your Pet also offers a ’30-day money-back guarantee’ which, subject to the conditions in clause 8.4, who has purchased the Additional Services on the Site to a full refund of the membership and/ or advertising fee paid to us. To apply for the refund, you must either send an e-mail ([email protected]) send a letter to
SHARE YOUR PET LIMITED, 97 Beechcroft Road, SW17 7BP, London, UK. within thirty (30) days of the date of paying for the subscription and/ or advertising (“Guarantee Period”). 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.
8.6 You will not be entitled to a refund if:
• 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 on sale at the point of purchase, or a coupon or discount is used to purchase a subscription or promotional product.
• your membership is a renewed or repeat membership or, for some other reason, it is not the first time you have subscribed to Share Your Pet (regardless of the email address used for registration purposes); or
• you have violated these Terms and Conditions during the Guarantee Period.
8.7 Notwithstanding the above provisions of this clause 8.4, you may cancel your membership for the Additional Services at any time by sending an email [email protected] You acknowledge that membership fees are not refundable. Cancellation will be effective within three working days and your account will be deleted.
9. LISTING CONDITIONS
9.1 If you are a Pet Owner, you pledge that:
• you will provide accurate and up-to-date information about you
• that your pet is safe and in good health for borrowing by a Pet Borrower.
• your pet has an ‘up to date’ pet insurance
• you will share pet’s Vet details and insurance details with the Pet Borrower
9.2 If you are a Pet Borrower, you pledge that you will
• provide accurate and up-to-date information about you and your experience with pets
• when entrusted with a dog, you will use your best efforts to care for the dog, keep the dog on its lead (unless you have written permission from the Owner to let the dog off the lead)
• follow any instructions provided by the Pet 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.
• you agree in advance about pet food arrangement with a Pet Sharer
• you ask Pet Sharer about pet’s vet details and pet’s insurance details
9.3 The above pledges covered in clause 9.2 are made as between the Pet Owner and the Pet Borrower, and are not guaranteed by Share Your Pet. In no event shall Share Your Pet be responsible or liable to you as a result of the failure of a Pet Owner or a Pet Borrower (as applicable) to comply with the above pledges.
9.4 If you are a business.
• you are responsible for the accuracy, content and legality of the item listed on Share Your Pet.
• when you create fixed-price listings, these will renew automatically every month, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date;
• your listing will be delisted if the subscription payment is not received.
• content that violates any of Share Your Pet policies may be modified, obfuscated or deleted at Share Your pet’s discretion;
• we may revise product data associated with listings to supplement, remove, or correct information;
• meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
9.5 When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicenses or our assignees
10. DATA PROTECTION AND PRIVACY.
10.1 You and Share Your Pet shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Share Your Pet and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
10.2 You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”).
You shall process personal data received from Share Your Pet exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
10.3 Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
11. RESTRICTING FUNDS
11.1 To protect against the risk of liability, Share Your Pet has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
13.ADDITIONAL TERMS. ONLINE SHOP
13.1 Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, Share Your Pet may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My Share Your Pet. Where returns have been set to automatically accept requests, a Share Your Pet -generated return postage label will be provided to your buyer. You agree to comply with our returns policy.
When an item is returned, to refund the buyer, you authorise Share Your Pet to request PayPal to reverse the refund amount from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
13.1 The cost of return shipping for an item that is not as described is the seller’s responsibility. You authorise Share Your Pet to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when:
• Share Your Pet -generated return postage label is used, and the seller is responsible for its cost;
• returns and refunds have been automated; and/or
• you fail to send your buyer a return postage label and instead a Share Your Pet -generated label is used.
13.2 When a transaction is cancelled, and you choose to refund the buyer via Share Your Pet, you authorise Share Your Pet to request PayPal to reverse the refund amount (in the same or other currency) from the seller’s PayPal account, to the buyer.
Share Your Pet Money Back Guarantee 30 days offer
13.3 Most Share Your Pet sales go smoothly, but if there’s a problem with a purchase, the Share Your Pet Money Back Guarantee helps buyers and sellers communicate and resolve issues. The Share Your Pet money back guarantee policy part of this User Agreement. You agree to comply with the policy and permit us to make a final decision on any case.
Sellers must have a payment method on file with Share Your Pet. Sellers may change this payment method by contacting Share Your Pet at [email protected] If we resolve a case in the buyer’s favour, or if a seller chooses to reimburse a buyer, Share Your Pet may notify PayPal of the relevant case and remove funds from the seller’s PayPal account to reimburse the buyer for the full cost of the item and postage. Where there are insufficient funds in the seller’s PayPal account, we will directly refund the buyer and charge the seller’s designated payment method or put the amount on the seller’s invoice.
For this purpose, you, in the capacity of a seller:
• authorise and instruct us to request PayPal to collect or reverse variable amounts from your PayPal account to carry out a buyer reimbursement;
• authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
• authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.
• authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
• authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
13.4 You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Share Your Pet Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred payment method. If sellers do not provide Share Your Pet with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the Share Your Pet Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to buyers and sellers
13.5 We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Share Your Pet Money Back Guarantee refund or reimbursement.
14.1 We try to keep Share Your Pet and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
14.2 Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Share Your Pet cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our site. Share Your Pet 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.
14.3 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.
14.4 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 14.8, 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.
14.5 If you arrange to meet a Pet Owner or a Pet Borrower through the Platform, the obligations arising in relation to the meeting(s) are directly between you and the Pet Owner or a Pet 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 Pet Owner or the Pet Borrower (as applicable) about the meeting(s). As such, and by way of example, in the event of your dog suffering injury, illness or death as a result of any act or omission of any Pet Owner or a Pet Borrower (or any other person), you (as a Pet Owner) having any complaint about the quality of the Pet Borrower’s treatment of your pet, or you (as a Pet Borrower) having any complaint about the quality of the Pet Owner’s treatment of their own dog, or you having any other complaint at all about Pet Owner or a Pet 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.
14.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Share Your Pet for: (a) death or personal injury as a result of our negligence; or (b) fraud or fraudulent misrepresentations by Share Your Pet; or (c) any other liability which cannot be excluded or limited by law.
14.7 Subject to clause 14.6, Share Your Pet’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 the number of fees you have paid in the 12-month period preceding the date the claim arose and a maximum of £100.
14.8 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
PAID SERVICES: PET BOARDING, PET WALKING, PET SITTING
14.9 Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Share Your Pet cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our site. Share Your Pet 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.
14.10 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.
14.11 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 14.8, 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.
14.12 If you arrange to meet a Pet Owner or a Dog Walker, Pet Boarder, Pet Sitter (collectively called ‘Pet Professional’ through the Platform, the obligations arising in relation to the meeting(s) are directly between you and the Pet Owner or a Pet Professional (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any of the meeting(s) or any dispute between you and the Pet Owner or the Pet Professional (as applicable) about the meeting(s). As such, and by way of example, in the event of your dog and/or pet suffering injury, illness or death as a result of any act or omission of any Pet Owner or a Pet Professional (or any other person), you (as a Pet Owner) having any complaint about the quality of the Pet Professional’s treatment of your pet, or you (as a Pet Professional) having any complaint about the quality of the Pet Owner’s treatment of their own dog, or you having any other complaint at all about Pet Owner or a Pet Professional you have bought services from, you acknowledge that your sole right of redress will be against that person or business. You agree to take all necessary precautions when communicating and arranging pet care services directly with third parties advertising their services on Share Your Pet platform.
14.13 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Share Your Pet for: (a) death or personal injury as a result of our negligence; or (b) fraud or fraudulent misrepresentations by Share Your Pet; or (c) any other liability which cannot be excluded or limited by law.
14.14 Subject to clause 14.6, Share Your Pet’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 the number of fees you have paid in the 12-month period preceding the date the claim arose and a maximum of £100.
14.15 We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
• your use of or your inability to use our Services;
• pricing, postage or other guidance provided by Share Your Pet;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Share Your Pet Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing Share Your Pet rules;
• the duration or manner in which your listings appear in search results as set out in our advertising packages chosen by you;
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies;
• reimbursement of your payment for advertising your business, products or services;
14.14 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
14.15 You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on our Site.
14.16 Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Share Your Pet cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our Site.
14.17 Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or third parties, or for any other liability that cannot be limited or excluded by law.
15.1 You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Share Your Pet Services or your breach of any law or the rights of a third party.
16. LEGAL DUTIES
16.1 If a dispute arises between you and Share Your Pet, we strongly encourage you to first contact us directly to seek a resolution by contacting our customer service team [email protected] We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Share Your Pet both agree to submit to the non-exclusive jurisdiction of the English courts.
17.1 If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
17.2 You agree that we may at any time and without notice set-off any of the amounts held in Share Your Pet user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from a Share Your Pet credit balance held or controlled by you.
17.3 We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
17.4 Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
17.5 If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
17.6 We may amend this User Agreement at any time by email, or by posting the amended terms on https://shareyourpet.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a Share Your Pet representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the eBay site.
17.7 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
17.8 Share Your Pet works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us via email: [email protected]
The User Agreement and all policies posted on our site are the entire agreement between you and Share Your Pet and supersede all prior understandings and agreements of the parties.
Legal notices shall be served by registered mail to SHARE YOUR PET LIMITED, 12216081.
97 Beechcroft Road, SW17 7BP, London, UK.
17.9 We shall send notices to you by email to the email address you provide to Share Your Pet during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
18: ADDITIONAL REFERRAL TERMS
Referral Commission Agreement
This Referral Commission Agreement was entered into on registration (the ̈Effective Date ̈), by The Supplier and The Customer (the “Referring Party”).
The Referring Party is an associate or a Customer of the Supplier for the purposes of this agreement.
From the effective date for valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
The Supplier shall pay to the Referring Party a Net Total Amount Outstanding in GBP or US$, made up of a Commercial Referral Fee of £1 per purchase up to £2.50 per transaction or subscription made by each commercial referral and referred member provided after any outstanding fees owned have been deducted.
The referral fees adjust according to the number of new customers being referred. These are listed here:
The above assumes they meet the basic qualifications requirements. Qualifying requirements are defined and subject to change at any time at the sole discretion of the Supplier.
As above Commercial Referral Fee amounts are first deducted from any “Outstanding Fees” or costs owned to the Supplier by the Referring Party.
A Commercial Referral is defined as Customer Prospect that results in a commercial transaction being reached and revenue paid from the new Customer to the Supplier. The Customer Prospect/Proposal and the resulting new Customer have to be the same legal entity or person.
A Commercial Referral Fee is defined as fees resulting from paid new business revenues paid by a newly proposed and proceedable customer. In the event that no new customer revenues are received no fee exists.
Outstanding fees can additionally include (a) fees that are due to be billed within the following 90 days or (b) include implementation, payment provider, transaction, foreign exchange or maintenance fees or (c) include fees for professional services, new functionalities, features or enhancements (d) outstanding costs incurred by the Supplier in the operation or provision of the platform or related hosted Services on behalf of the either the Supplier or Customer (Referring Party).
A valid paid transaction must be received from a referred user before commission can be granted or paid.
A referring member must accrue at least £25 in valid commissions to receive a payment.
Payouts are usually granted within 60 days.
Under the following circumstances the referral will not be granted or paid out: i) If the referred members’ subscription is cancelled prior to completing any trial period, ii) payment from the referred member cannot be taken for any reason, iii) if the referred member requests a refund less than 31 days after payment, then commission will not be granted or paid.
We pay the GBP (£) equivalent market price in your domestic currency at the foreign exchange rate set by our payment provider at the time of conversion +/- 4% fees. All payouts are subject to manual review, they are discretionary and may not be paid for up to 60 days.
A purchase must be made by the referred. The purchase / transactions must have a duration longer than 30 days to trigger a valid referral and therefore a future payout to the referring member.
The Supplier will pay the Referring Party the Net Total Amount Outstanding in GBP (Commercial Referral Fee – Outstanding fees) within 90 business days of receiving payment from the new client or customer.
The Referring Party / the Customer understands and agrees that the Supplier shall be entirely free to accept or reject any proposal that the Referring Party provides.
The Referring Party partner is an independent legal entity from the Supplier. The Supplier will not withhold any taxes and the Referral partner will not be entitled to any benefits, such as unemployment insurance, medical, insurance, pension plans, or other such benefits.
Either party can terminate this agreement by providing 30 days written notice to the other party.
In the event of any legal action to enforce this agreement, said action shall be adjudicated in the jurisdiction of the Supplier and shall be interpreted according to the laws of the jurisdiction where the Supplier is registered, and the prevailing party shall be entitled to recover its actual legal fees and expenses incurred in such action from the unsuccessful party.
This electronic copy of this document shall be deemed and considered as an original, binding and enforceable document.