These Terms and Conditions (the “Terms” are a binding legal agreement (“Agreement”) between you and HomePaws Inc. (“HomePaws”, “we,” “us,” or “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “HomePaws Service”). The Terms govern your access to and use of the HomePaws website, including any subdomains thereof, and any other websites through which HomePaws makes its services available, our mobile, tablet and other smart device applications (collectively, “Site”), our Facebook application, our online or phone support offerings, or any other access point we make available to you. By accessing or using the HomePaws Service, you accept these Terms.
If you do not agree or are unable to agree to be bound by these Terms, you do not have the right to use the HomePaws Service. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.
We reserve the right to modify these Terms at any time, and that any such changes will be effective immediately when we post the modified Terms. Your continued access and use of the HomePaws Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
Our collection and use of personal information in connection with your access to and use of HomePaws is described in our Privacy Policy.
These Terms and Conditions are organized into the following sections:
1. Key Terms
2. Nature of our Site and Services
The HomePaws Service is an online platform designed to help Pet Owners (“Members”) find, communicate with and interact with providers of pet-related services (“Hosts”).
HomePaws is a neutral venue for Hosts and Members. We are not involved in the transactions between Users. Users arrange for the services solely between themselves, and HomePaws is not a party to any of those arrangements. HomePaws does not provide pet care services HomePaws is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users. You understand and agree that HomePaws is not a party to any agreements entered between the users, nor is HomePaws a broker, agent or insurer.
While we may help facilitate the resolution of disputes, HomePaws has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party.
We conduct a review of Pet Minders profiles when they sign up , except where explicitly specified in the HomePaws Terms, we do not otherwise screen Pet Sitters and Pet Owners.
As a result, we have no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site. We do not have control, supervise or provide equipment to the Hosts, and we have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Hosts.
We makes no further representations about the Users. You should make your own assessments of the persons you decide to interact with, engage or provide services to. We have no control over the conduct of users of the site and disclaims all liability in this regard. Users are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the our Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
While certain Hosts may receive positive assessments or comments by the Site or its users, we make no representations or warranties regarding the quality, security or positive features of the Host or the Host’s residence.
Because we are not involved in User-to-User dealings or control the behaviour of Users, Users must resolve any issues, disputes or concerns directly with each other. You agree to release HomePaws from any claims or liability that may arise from any disputes between you and other Users. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Host-Provided Services, is entirely your own. You acknowledge and agree that HomePaws is not liable for any damages associated with the administration of pet boarding or other Host-Provided Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Host, any family member, friend, pet or other affiliate of the Host or any other third party).
We are not party to any agreement or transaction between Member and Hosts and, as such, cannot verify or otherwise authenticate any claims made by the Host (including any medical certifications or insurance coverage held by a Member). Moreover, it is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your pet prior to engaging the Host for pet boarding or other pet-care related services.
Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.
Some Host-Provided Services (e.g.: pet boarding) are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Member, to determine if the applicable Host-Provided Service is best for your pet and to select the Host carefully.
If a Member fails to retrieve their pet within three (3) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that HomePaws (or the Host) may, in its sole discretion, place the pet in foster care, shelter and notify the authorities. As a Member you agree that you will be responsible for and will reimburse us on all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.
We recommend that Members give their Host contact information where they can be reached in the event of emergency (for example when medical care for a pet becomes necessary). The Host agrees to immediately contact the Member in the event such care becomes necessary or, if the Member is not available, to contact HomePaws support. If you are a Member, you hereby authorise your Host and HomePaws to obtain and authorise the provision of veterinary care for your pet if you cannot be reached to authorise care yourself
As a Host, you acknowledge and agree that neither us nor a Member have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Member pet, and you hereby agree not to seek any such reimbursement or other damages from us or a Member or guest pet’s owner(s) in the event of any such property damage.
We may also offer Members and Hosts phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the our Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third party consultation service in the event of any claims arising from their services.
Users provide HomePaws with their mobile phone number as part of the registration process or in their account settings. Users who provide HomePaws with their mobile phone number may receive text message communications from HomePaws on their cellular phones and/or mobile devices. By providing us with your mobile phone number, you consent to us sending text messages to your cellular phone and/or mobile device. We do not charge for sending text messages, but your carrier may charge you.
The Site may include certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of our features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the HomePaws Platform. We may improve, enhance and modify our Platform and introduce new Services from time to time.
3. Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. If you are under 18 years old, you may not use the Site.
You also certify that you will comply with all laws applicable to your activities conducted through HomePaws.
For Members, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local law or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to the Hosts (and that such policies will benefit third parties, including the Hosts, to the same extent they benefit you). For Members and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others.
For Hosts, this includes that you are legally eligible to work in the jurisdiction where you provide your services, you have complied and will comply with all laws that are applicable to you, and you have obtained all business licenses, business tax registrations, permits, other permissions and fulfilled any other necessary requirements to legally provide pet care services; and that, when providing pet care Services, you will comply with applicable leash, pet waste disposal, and similar laws.
You’re not allowed to use our Site or Services to break the law. At all times, you have to comply with all applicable laws.
You acknowledge that HomePaws is entitled to rely on these commitments, and is not responsible to ensure that Hosts have met these eligibility conditions. For Hosts and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others.
We have no obligation to conduct background or police checks of its users. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. We do not provide, and are not responsible or liable in any manner for, the background checks or identity verifications, and we do not endorse or make any representations or warranties regarding the reliability of such background checks or identity verifications or the accuracy, timeliness or completeness of any information in the background checks or identity verifications. We do not independently verify information in the background checks or identity verifications.
Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, and (ii) screen Users against third party databases or other sources and request reports from service providers.
If requested by us , you agree to provide us with such identification documents (for example copies of ID or passports) or other information as may be needed or requested by us.
If you are the subject of a background check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information.
4. Use of Site and Compliance
Privacy Policy. You represent that you have read and understood our Privacy Policy.
Registration and Account Information. When you register for the Site, you will be asked to create an account and to provide us with certain information about yourself (your “User Content”). Your User Content will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorised use of your password or account.
Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about pet services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
Use of Other Users’ Personal Information. You may from time to time receive personal information of another User. Any personal information you receive may only be used for the specific purpose it was provided to you, and may not be used for any other purpose without first obtaining the other User’s permission.
Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
The foregoing is merely a list of examples of prohibited conduct. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site, terminating accounts or blocking users with certain IP addresses from accessing the Site.
We also expressly reserve the right, in its sole discretion, to terminate a User’s access to any interactive services and/or to any or all other areas of the Site due to one or more negative reviews provided to us by Members or non-Members. These reviews are typically, but are not required to be, associated with a Service provided by a Host through us.
Without limiting the foregoing, we and its designees will have the right to remove any reviews or other content that violates these Terms or is deemed by us, in its sole discretion, to be otherwise objectionable, including any reviews that violate any of the following guidelines:
Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HomePaws in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
No Violation of Laws and Regulations. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation of these Terms or any alleged improprieties of any Users. You can contact our Support team.
Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at HomePaws sole discretion. The provisions regarding Disclaimer of Warranty apply to such features or tools.
5. User Content and Communication Rules and Guidelines
By agreeing to our Terms, both Hosts and Members are also assuming the responsibility of clear and frequent communication.
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Hosts (“Reviews”), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of us.
Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to HomePaws, its Affiliated Parties, licensees and successors, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Review Guidelines. Members will have the opportunity to provide Reviews about Hosts whose services they have used. Reviews should not include any personal information about a Host that is not disclosed in the Host’s public Profile (for example, the Review should not include or reference a Host’s phone number or address). Reviews should be limited to your personal first-hand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
Disputes with Other Users. You are solely responsible for your interactions with other HomePaws users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Listing Prices. If you post a listing offering pet related services, or other Third Party Services through the Site which is accepted by you and a Member, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the Member. You further agree not to alter the price once accepted.
6. Your User Content and Photos
You are solely responsible for your User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. Solely to enable HomePaws to use your User Content, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your User Content, in any media now known or not currently known. We shall have complete discretion in how it chooses to display or use your User Content in connection with the Site, subject to restrictions set forth in our Privacy Policy.
As part of the Site, we occasionally share photo updates of guest pets and resident pets with Site users and the public. You agree that we may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Twitter, Pinterest, and similar sites.
You hereby represent and warrant to HomePaws that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for HomePaws or cause HomePaws to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant HomePaws an irrevocable, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the HomePaws Service, and to sublicense these rights to third parties.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Homepaws and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance the provisions of these Terms.
You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on our platform. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance.
We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from HomePaws at any time.
7. Bookings and Financial Terms
As a Host, you may create a profile and will be asked for detailed information about your services, your experience, your home and pets (if relevant). When you sign up to
We do not collect, hold, transmit, or process any monies on behalf of pet owners or pet sitters. All payments are made directly between the pet owner and the pet sitter. We are not a party to, and expressly disclaims all responsibility and liability for, any financial transactions or disputes arising between the parties.
8. Cancellations
Cancellations by Hosts are taken seriously and may result in account review, temporary suspension and possibly termination of their access to HomePaws. Hosts are expected to only accept those Bookings that they are committed to completing.
9. Links to Third-Party Websites
We may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.
10. Disclaimers of Warranties
The site and content provided on the site are provided “as is,” and are for use as contracted herein. Except for the express warranties set forth herein, HomePaws and its affiliates, officers, directors, employees, agents, as well as its third-party providers, hereby disclaim all express or implied representations, warranties, guaranties, and conditions with regard to the site, the hosts, the host-provided services, the content, and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid.
To the maximum extent permitted by applicable law, HomePaws and its third party providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the site or content associated with the site, or the results you may obtain by accessing or using the site and/or the content associated therewith.
Without limiting the generality of the foregoing, we and its third party providers do not represent or warrant that (a) the operation or use of the site will be timely, secure, uninterrupted or error-free; (b) the quality of any host-provided services, information, or other material you purchase, secure or otherwise obtain through the site will meet your requirements; or (c) any software offered via the site available are free of viruses or other harmful components. You acknowledge that neither us nor its third-party providers control the transfer of data over communications facilities, including the internet, and that the site and/or content associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
We are not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by us. We expressly disclaims any warranty related to the quality of host-provided services and the persons or businesses referenced on the site. You use host-provided services at your peril and assume all risks related to use of said host-provided services. Licensing and certification requirements (or the absence thereof) for some or all of the host-provided services offered by hosts widely vary by state, county, city, municipality or township.
We make no representations or warranties that any of the hosts offering host-provided services through the site have complied with any applicable state, county or municipal law, statute, ordinance or regulations. Notwithstanding HomePaws appointment as the limited agent of the hosts for the purpose of accepting payments from members on behalf of the hosts, we explicitly disclaims all liability for any act or omission of any host, member or other third party.
11. Limitation of Liability and Release
By agreeing to serve as a Host and provide Host-Provided Services to a Member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of Hosts to make decisions that are in the best interests of themselves and their pets. It is recommended that all Hosts schedule a “Meet and Greet” with all pets and Members before providing pet boarding or other Host-Provided Services to mitigate as many risks as possible.
Should you agree to serve as a Host, you agree and acknowledge as follows:
a. You agree that you are voluntarily agreeing to board or otherwise handle a pet belonging to another at your home or some other location. You are assuming all risk of personal injury, death or disability to you and/or your child/ward that might result or arise from the boarding or handling of this pet, or any damage, loss or harm to your reason or personal property which you or your children/child/ward may incur. You understand that the risks that come with boarding or handling a pet who is not accustomed to you, your children/child/ward, and your home or other location and that it has inherent risks; and
b. You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold HomePaws, its affiliates, officers, directors, agents, employees, and members (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of the boarding or handling of this pet. You expressly release and discharge HomePaws from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while the pet is boarding in your home or you otherwise provide any Host-Provided Services.
Whether you are a Member or a Host, you agree not to hold HomePaws or its affiliates, officers, directors, employees, agents or third-party providers liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the services or site, including without limitation any liabilities arising in connection with (a) any instruction, advice, act or service provided by HomePaws or its affiliates, officers, directors, employees, agents or third party providers, (b) any destruction of your user content, (c) any dispute with any other user of the site, (d) Hosts’ failure to provide services or provision of incomplete or poor services, (e) any injuries or harm suffered by you or any third party (including without limitation your family members, friends or other unrelated parties), (f) any injuries or harm suffered by any pets or other pets, (g) any damage or harm to real or personal property, or (h) any other conduct, act or omission of any other party, including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, or destruction of property.
Under no circumstances shall HomePaws or its affiliates, officers, directors, employees, agents or third party providers be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this site or the host-provided services, including your reliance on any information obtained from this site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorised representative of us has been advised of or should have knowledge of the possibility of such damages. By your use of this site, you acknowledge that this paragraph shall apply to all content, goods and services available through this site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that
No Liability for non homePaws Actions. To the maximum extent permitted by applicable law, in no event will HomePaws be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the HomePaws service, including without limitations, bodily injury, emotional distress, and/or any other damages resulting from reliance on information or consent posted on or transmitted through the our service, or for any interactions with other users of our service, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you.
You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
12. Indemnification
You agree to indemnify, defend and hold harmless HomePaws and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Host-Provided Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties.
HomePaws and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
13. Termination and Account Cancellation
By HomePaws. wemay, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site.
By User. As a User, you may cancel your account at any time by contacting our customer support team.
Effect of Termination. Upon the termination or cancellation of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated or cancelled, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination or cancellation may not be available to you if you re-register with HomePaws. If following the termination or cancellation of your account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms.
14. Intellectual Property Rights
Copyright. All materials on the Site other than User Content are either owned by HomePaws or are the property of HomePaws suppliers or licensors. You may not use these materials except as we give you written permission to do so.
Trademarks. The service marks and trademarks “HomePaws” and the HomePaws logo are owned by HomePaws. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of HomePaws and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
Ownership and Use. Homepaws retains ownership of its intellectual property rights and you have no rights to HomePaws intellectual property or HomePaw’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create. You agree that we will have a perpetual right to use and incorporate into the HomePaws Service any feedback or suggestions for enhancement that you provide to us concerning the HomePaws Service, without any obligation of compensation.
Your Content. Other than the non-exclusive license granted to HomePaws with respect to User Content, HomePaws will not acquire an ownership interest in the User Content you post.
15. Employment and Withholding
HomePaws is not an employment service and does not serve as an employer of any user, nor is HomePaws in the position to provide any tax related advice. As such, Users are solely responsible (and HomePaws is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Hosts.
As a Host, you acknowledge that you are responsible to pay any taxes that arise as a result of use of services via HomePaws
You are responsible for complying with all applicable tax laws and regulations related to your use of the Site and Host-Provided Services.
16. No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein,HomePaws is not acting as an agent for any Host, Member or any other user or visitor of the Services or the Site. HomePaws is not an employment service or agency, and does not serve as an employer or referral source for any User.
17. Governing Law
The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of Australia, applicable to agreements made and to be entirely performed within Australia, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and HomePaws will submit to the exclusive jurisdiction of the state and federal courts of Australia
18. Severability
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms shall remain in full force and effect.
19. Miscellaneous
The Terms (together with the Privacy Policy) represent your and HomePaws entire understanding relating to the use of the Site and any Host-Provided Services provided related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes.
You may not assign these Terms without the prior written approval of HomePaws. Any purported assignment in violation of this section shall be void. HomePaws reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith.
In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by HomePaws
No Joint Venture or Partnership. Nothing in these Terms and Conditions may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.
Complete Agreement. These Terms and Conditions contain the entire agreement between you and HomePaws regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.
Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify HomePaws as to any matters relating to the Site or Services please contact us
Our platform facilitates connections between pet owners and pet sitters only and does not guarantee that any user will secure bookings, assignments, or engagements. Any marketing, promotion, or exposure offered by us is provided at its sole discretion and does not constitute a promise or assurance of demand, income, or business success. All booking outcomes are subject to market conditions and user-controlled factors beyond our control. We shall not be liable for any loss of earnings, anticipated profits, or business opportunities resulting from use of the platform.
