Website may be used to find and offer Pet Sitting Services and to facilitate payment to independent pet caregivers. All transactions conducted via the Catbuddy Website are between pet owners and the Service Provider, and as such, there are specific limits in Catbuddy’s liability that you must acknowledge in order to use our Website.2. Catbuddy Service
2.1 Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Catbuddy. The Terms determine use of our Website for pet owners and pet caregivers (“Service Provider”, “Pet Sitter” or “Sitter”) to find each other, arrange, confirm and book pet care or sitting services (the “Catbuddy Service” or the “Service”).
2.2 These Terms cover all use of the Catbuddy Services, desktop Web application, mobile applications, and any other related tools, (the “Catbuddy Website”) and any other access point we make available to you. Other policies applicable to your use of the Catbuddy Service are also incorporated by reference into these Terms of Service. To access and use the Catbuddy Website for the Catbuddy Service, you must accept these Terms. By creating an account online or offline and using any access point we make available to you, you acknowledge that you agree to the terms set forth in the Terms of Service.
You understand and agree that Catbuddy may change the Terms from time to time, and that any such changes will require your further acknowledgment for continued access and use of the Catbuddy Website.
2.3 Catbuddy LLC is not pet care or sitting Service Provider. Catbuddy is a neutral venue for Service Providers and pet owners. We make no representations or warranties about the quality of services provided by any of the Service Providers that are introduced to you through our platform, or about your interactions and dealings with users. Catbuddy does not employ, recommend or endorse any Service Provider or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. While Catbuddy conducts an initial review of Service Providers and facilitates background checks on Service Providers conducted by third parties, Catbuddy makes no representations or warranties, nor will Catbuddy be responsible or liable for the performance or conduct of any pet Sitters. You should exercise caution and use your independent judgment before booking a Service Provider.
2.4 We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any disputes, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or failure of Service Providers , whether online or offline. You acknowledge and agree that your use the services is at your sole and exclusive risk. By creating an account and using the website you acknlowdege that you conform your agreement to release Catbuddy from all liability from any disputes, claim, injuries, loss or harm and/or damages arising from your interaction and dealings with service providers.
2.5 Except for the refunds of Catbuddy’s fees described herein and on the website, you agree that Catbuddy has no liability for damages related to the Services (which may include bodily injury to, or death of a pet) or resulting from any other transactions between users of the Service. [By creating an account and using the website you acknowledge that you agree regarding the limitations of Catbuddy’s responsibilities and liability.]
2.6 Pet owners and Service Providers transact with each other on our website when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via our booking mechanism (a “Booking“). Once a Booking is complete, the pet owner and Service Provider agree to honor the price and other terms of that Booking. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason.
2.7 By accessing and using our website, you certify that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and will comply with all laws and regulations applicable to your activities conducted through, or related to our website. This means, among other things, that you will ensure that your pets are vaccinated, licensed. Identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Service Providers.
You concede that Catbuddy is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
2.8 When you use the Catbuddy Service, you agree:
- Not to solicit another user’s username and password for the Catbuddy Service or any other sensitive personal information, including bank details.
- Not to use the Catbuddy Service to arrange for the provision and purchase of Services with another user, then complete transactions for those Services offline.
- Not to post reviews about Service Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
- To use the Catbuddy Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the Catbuddy Service by any other person.
- Not to post “spam” or other unauthorized commercial communications.
- Not to provide false information in your profile on, or registration for, the Catbuddy Service by any other person, or to engage in fraudulent transactions.
- Not to interfere with our provision of, or any other user’s use of, the Catbuddy Service.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
2.9 You understand and agree that we have no obligation to provide the Catbuddy Service to you in any specific location or territory, nor any obligation to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Catbuddy Service in our sole discretion.
2.10 In order to use some aspects of the Catbuddy Service, you will be required to create a username, password, and user profile. You are responsible for maintaining the confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
3.1 Catbuddy recommends pet owners give the Sitter their contact information in case medical care is needed for their pet so that the Sitter can seek to contact the pet owner immediately if medical care appears to become necessary. As the pet owner, you hereby authorize your pet Sitter and Catbuddy to acquire and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in a situation that is reasonably deemed an emergency. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records for obtaining care.3.2 If your chosen Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Pet Sitter and Catbuddy from any claim related to death, injury, damage or liability arising from the failure to obtain medical care for your pet.
3.3 Pet owners are solely responsible for the costs of any such medical treatment for their pets and you hereby authorize Catbuddy to charge your credit card or other payment method for such costs. In no circumstances shall a pet owner be eligible for compensation from Catbuddy.
4. Content License
4.1 Except for the limitations on our use and disclosure of personal information, to the maximum extent and duration permitted under any applicable law, you grant Catbuddy an irrevocable, perpetual, 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, including your text, photographs, images, videos, reviews, information and materials ( “Your Content”) in connection with providing and/or promoting the Catbuddy Service. If your name, voice, image, persona, or likeness is included in any of Your Content, you hereby provide Catbuddy a limited license to use same on its Site and further waive, and release Catbuddy and its users from, any claim or cause of action related to the limited use of Your Content.
5. Electronic Communication
5.1 You consent to Catbuddy communicating with you about the Catbuddy Service by SMS, text message, email and other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of using the Catbuddy Service, and you may opt-out of receiving these messages and calls at any time by emailing us at email@example.com.
5.2 In the event you deactivate a mobile phone number provided to us, you agree to update your Catbuddy account information promptly to ensure that messages are not sent to the person who acquires your old number.
6. Fees and Payment
6.1 Pet owners may purchase Pet Care and Sitting Services from a Service Provider by completing a Booking. You enter into a transaction directly with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking. Except where otherwise specifically indicated on our Website, service fees are determined by Catbuddy. The total amount pet owners are charged for a Booking may also include a service fee payable to Catbuddy. Where required by law, the amount charged may also be inclusive of applicable taxes. The Service Provider, not Catbuddy, is responsible for performing the Services.
6.2 To be able to pay for Pet Care/Sitting Services on Catbuddy Site, the pet owner will be required to provide Catbuddy with valid, up-to-date credit card. Pet owner authorizes Catbuddy to charge the credit card for fees he/she incurs to the Pet Sitter on the Catbuddy Website as they become due and payable. Pet owners are responsible for maintaining up-to-date payment information. If Catbuddy cannot charge the pet owner for fees when due because the payment information is no longer valid, or if Catbuddy does not receive the payment when due, then pet owner understands that neither Catbuddy nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Catbuddy Service are non-refundable once paid.
7. Cancellation, Refund, and Reservation Policy
7.1 Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or pet owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, riots or other natural disaster. In such cases Catbuddy may, in its reasonable discretion, issue refunds under terms that vary from our Service Provider’s selected cancellation policy.
7.2 Substandard Services. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care/Sitting Services as agreed with the pet owner or otherwise in accordance with these Terms then we may, in our reasonable discretion, cancel a Booking.
7.3 General Terms for Cancellations. If you wish to cancel a Booking, you should use the structure available through the Catbuddy Service to do so. For purposes of the policies and terms in this Section, the date of cancelation is the date that a user cancels through the Catbuddy Service, regardless of any separate communications between users outside of the Catbuddy Site.
7.4 Payment Disputes. Payment Outside of the Catbuddy Service. Catbuddy issues payments to Service Providers the later of 48 hours after completion of a Booking or payment by the payment provider. Once these amounts have been disbursed, any further payment disputes are between the pet owner and Service Provider, and Catbuddy has no obligation to mediate or facilitate any resolution. Further, Catbuddy has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Catbuddy Service.
8. Background Checks for Service Providers
8.1 Pet owners are fully responsible to evaluate and investigate their Service Providers. While Catbuddy performs background checks on Service Providers, be aware of the following limitations in Catbuddy’s Background Checks. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
9.1 TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Catbuddy HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Catbuddy Service; (2) breach of these Terms; (3) disputes with other users of the Catbuddy Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
10. Limitation of Liability
10.1 In no event will Catbuddy be liable to you for any direct or indirect, special, or consequential damages, expenses or similar losses, arising out of or relate to the use of or inability to use the Catbuddy Service, including without limitation damages related to any information received from the Catbuddy Service, removal of your profile information or review (or other content) from the Catbuddy Service, any suspension or termination of your access to the Catbuddy Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Catbuddy Service, even if we are aware of the possibility of any such damages, damages, losses or expenses.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Catbuddy 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 Catbuddy SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE Catbuddy SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE Catbuddy 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.
11. Agreement to Arbitrate
11.1 Arbitration Agreement. You and Catbuddy (together, the “Parties”) agree that any and all disputes or claims that arise between you and Catbuddy relating to the Catbuddy Service, interactions with others on the Catbuddy Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (2) claims that, as a matter of applicable law, cannot be made subject to arbitration.
11.2 Agreement to Arbitrate. You agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
11.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND Catbuddy AGREE THAT EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Catbuddy AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Catbuddy USERS.
11.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at firstname.lastname@example.org. If the issue is not resolved and results in arbitration, the parties agree that the arbitration shall be administered by JAMS.
11.5 Arbitration Procedures. The arbitration will be administered by JAMS and conducted in English by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Terms of Service as a court would, including without limitation, the limitation of liability provisions. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in Miami, Fl. If the value of the relief sought is $10,000 or less, you and Catbuddy may mutually elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Catbuddy subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Catbuddy, unless the arbitrator requires otherwise.
11.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be shared equally by you and Catbuddy, with the prevailing party entitled to recover Arbitration Fees, except where prohibited by applicable law. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Catbuddy for all fees associated with the arbitration paid by Catbuddy on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
11.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
11.8 Severability. If any term, clause or provision of this Arbitration Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Agreement will remain valid and enforceable.
11.9 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Catbuddy prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Catbuddy prior to the effective date of removal.
12.1 The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Hold Harmless Agreement
This agreement (the “Agreement”) is established and entered into as of the day the owner creates an account on Catbuddy (the “Effective Date”) between Catbuddy LLC, (the “Company”), a limited liability company existing under the laws of the State of Florida, with its principal office located in Miami Dade County, Miami and the “owner” (each a “Party” and collectively the “Parties”).
WHEREAS, in exchange for valuable consideration, the owner desires to hold harmless the Company from any claims and/or litigation arising out of the Independent Contractor (The Pet Sitter’s) performance of the work of providing the pet-sitting services.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties herein agree as follows:
1. Hold Harmless. The Owner shall fully defend, indemnify, and hold harmless the Company from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the Company, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to the Company for all legal fees, expenses, and costs incurred by it.
2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
3. Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other conveat or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
5. Attorney’s Fees and Costs. If any legal action or proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of the fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Florida law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Florida law.
8. Applicable Law. This Agreement shall be governed exclusively by the laws of Florida, without regard to conflict of law provisions.
9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Florida. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge the jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring any other jurisdiction or venue.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have each executed this agreement as of the day the owner creates an account on Catbuddy platform and its Effective Date.
If you have any questions about this Agreement, please contact us via email at email@example.com.