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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 are 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 Members may view the profiles of other members listed
within their search range and may send a message (or messages)
to establish contact with another such member. Once two members
have established contact ("established contact"
is taken to mean that both members have sent, or replied to,
at least one message to/from one another) then Premium Membership
is required for further messaging to continue between two
such members. This method of charging means that a user will
not waste any monies trying to establish contact with a member
who no longer wishes to use the site but has not asked for
their profile to be removed from he Pet Sitter Swap database.
Premium Membership is required to exchange contact details.
5. NOTE: You do not need to upgrade to Premium Membership
until you wish to exchange contact details with another member,
or continue messaging after establishing initial contact.
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 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, including
your correct name, address, or any other requested details.
You agree that all the details you add to your 'Preferences/Requirements'
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.
7. PET SITTER SWAP'S ROLE
You, whether a Premium Member, Standard Member, 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.
In particular, you should note that Pet Sitter Swap does
not necessarily monitor the material contributed by Members.
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:
a. include an e-mail address, postal address, telephone contact
details, the address of any website, or any other information
which is intended to facilitate direct communication, in material
which is posted on a Pet Sitter Swap member's profile, or
within the Message box that is offered when a user wished
to send a message to another member. Premium Members may share
such information, should they wish, in the Contact Info box.
b. 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.
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 is presently totally free
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 used Pet Sitter Swap to contact
other members, your £9.99 fee will be refunded 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' menu option, 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, trade marks, 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. If you wish to pay by cheque please make
the payable to 'Pet Sitter Swap Limited'. Please make sure
you include your e-mail address with all correspondence.
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