Terms and Conditions

Thank you for using North Shore and Beaches Dogs (ABN: 96909608769) website (www.northshoreandbeachesdogs.com.au).

These Terms and Conditions (the “Terms” are a binding legal agreement (“Agreement”) between you and North Shore and Beaches Dogs (“North Shore and Beaches Dogs”, “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. The Terms govern your access to and use of the North Shore and Beaches Dogs website, including any subdomains thereof, and any other websites through which North Shore and Beaches Dogs makes its services available, our website, 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 North Shore and Beaches Dogs 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 North Shore and Beaches Dogs 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.

North Shore and Beaches Dogs reserves 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 North Shore and Beaches Dogs 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 North Shore and Beaches Dogs is described in our Privacy Policy.

These Terms and Conditions are organised into the following sections:

Key terms
Nature of Our Site and Services
Eligibility
Use of Site and Compliance
User Content and Communication Rules and Guidelines
Your User Content and Photos
Bookings and Financial Terms
Cancellations and Refunds
Links to Third-Party Websites
Disclaimers of Warranties
Limitation of Liability and Release
Indemnification
Termination and Account Cancellation
Intellectual Property Rights
Employment and Withholding
No Agency
Governing Law
Severability
Miscellaneous
Key Terms

“DOG OWNER” means a person who searches North Shore and Beaches Dog Directory and books Pet Services via the Site
“SERVICE PROVIDER” means a pet service provider, a person who completes North Shore and Beaches Dog’s account registration process and creates a Listing via the Site, i.e. person who is willing to take care of a Dog Owner’s pet
“USER” means collectively Dog Owners and Service Providers
“CONTENT” means text, images, graphics, data, software, audio, video, information, documents, compilations or other materials.
“USER CONTENT” content submitted by a User or anyone other than North Shore and Beaches Dogs including without limitation photographs, text and reviews
“LISTING” means a provided service that is listed by a Service Provider via the Site
“PROVIDED SERVICES” means services provided by Service Providers
“THIRD PARTY PROVIDERS” mean North Shore and Beaches Dogs third party contractors, distributors, agents, merchants or sponsors.

Nature of our Site and Services

The North Shore and Beaches Dogs Service is an online platform designed to help “Dog Owners” find, communicate with and interact with providers of dog-related services (“Service Providers”).

North Shore and Beaches Dogs is a neutral venue for Service Providers and Dog Owners. We are not involved in the transactions between Users. Users arrange for the services solely between themselves, and North Shore and Beaches Dogs is not a party to any of those arrangements. North Shore and Beaches Dogs does not provide pet care services. North Shore and Beaches Dogs 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 North Shore and Beaches Dogs is not party to any agreements entered between the users, nor is North Shore and Beaches Dogs a broker, agent or insurer.

While we may help facilitate the resolution of disputes, North Shore and Beaches Dogs has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Service Provider Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Dog Owner Content, or (iii) the performance or conduct of any Dog Owner third party.

North Shore and Beaches Dogs does not endorse any Dog Owner, Listing or Service Provider Services. Any such description is not an endorsement, certification or guarantee by North Shore and Beaches Dogs.

We conduct a review of Service Providers profiles when they sign up and we don’t facilitate background checks on Service Providers and Dog Owners.

As a result, North Shore and Beaches Dogs has 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. North Shore and Beaches Dogs does not have control, supervise or provide equipment to the Service Providers, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Service Providers.

North Shore and Beaches Dogs further makes no representations about the Users. You should make your own assessments of the persons you decide to interact with, engage or provide services to, or obtain services from. North Shore and Beaches Dogs has 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, family, and their pets. For example, each user of the North Shore and Beaches Dogs 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, or become ill due to an unvaccinated pet in your care.

While certain Service Providers may receive positive assessments or comments by the Site or its users, North Shore and Beaches Dogs makes no representations or warranties regarding the quality, security or positive features of the Service Provider or the Service Provider’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 North Shore and Beaches Dogs from any claims or liability that may arise from any disputes between you and other Users. As a Dog Owner, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Provided Services, is entirely your own. You acknowledge and agree that North Shore and Beaches Dogs is not liable for any damages associated with the administration of pet boarding, pet sitting, or other Provided Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Service Provider, any family, Dog Owner, friend, pet or other affiliate of the Service Provider or any other third party).

North Shore and Beaches Dogs is not party to any agreement or transaction between Dog Owner and Service Providers and, as such, cannot verify or otherwise authenticate any claims made by the Service Provider (including any medical certifications or insurance coverage held by a Dog Owner). 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 Service Provider for pet boarding or other pet-care related services.

We may provide suggested or optional default terms for transactions between Dog Owners and Service Providers, or otherwise between users. To the extent we do, and you or another user utilises or agrees to such terms, this does not make us a party to the transaction between Dog Owners, Service Providers, or other users of the Site. Any suggested or default terms we provide are for users’ convenience only and do not constitute legal or other advice. 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 Provided Services (e.g. pet sitting, pet boarding) are not appropriate for all pets, especially aggressive poorly socialised pets. You acknowledge that it is your sole responsibility, as a Dog Owner, to determine if the applicable Provided Service is best for your pet, if the pet you take into care, as a Dog Owner is chosen carefully.

If a Dog Owner 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 North Shore and Beaches Dogs (or the Service Provider) may, in its sole discretion, place the pet in foster care, shelter and notify the authorities. As a Dog Owner you agree that you will be responsible for and will reimburse North Shore and Beaches Dogs 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.

Furthermore, North Shore and Beaches Dogs expressly reserves the right, in its sole discretion, to remove a Dog Owner’s pet from a Service Provider’s care should North Shore and Beaches Dogs deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, North Shore and Beaches Dogs will use reasonable efforts to contact the Dog Owner to arrange alternative care. Should North Shore and Beaches Dogs not be able to contact the Dog Owner, North Shore and Beaches Dogs may, in its sole discretion, place the pet in foster care, shelter and notify the authorities. As a Dog Owner you agree that you will be responsible for and will reimburse North Shore and Beaches Dogs all costs and expenses of any such action, for alternative care for the pet until the Dog Owner is able to retrieve his/her pet. If you are a Dog Owner, you authorise your pet’s veterinarian(s) to release your pet’s veterinary records to North Shore and Beaches Dogs in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by North Shore and Beaches Dogs or the Service Provider in connection with such a transfer.

We recommend that Dog Owners give their Service Provider contact information where they can be reached in the event of emergency (for example when medical care for a pet becomes necessary). The Service Provider agrees to immediately contact the Dog Owner in the event such care becomes necessary or, if the Dog Owner is not available, to contact North Shore and Beaches Dogs support. If you are a Dog Owner, you hereby authorise your Service Provider and North Shore and Beaches Dogs to obtain and authorise the provision of veterinary care for your pet if you cannot be reached to authorise care yourself in an emergency situation. In such case, you also authorise your pet’s veterinarian(s) to release your pet’s veterinary records to North Shore and Beaches Dogs. If your Service Provider reaches you with a request to authorise medical care for your pet and you refuse, you release the Service Provider and North Shore and Beaches Dogs for any injury, damage or liability arising from failure to seek such care. Dog Owners are solely responsible for the costs of any such medical treatment for pets, and in certain circumstances, a Dog Owner may be eligible for reimbursement to North Shore and Beaches Dogs and / or the Service Provider.

As a Service Provider, you acknowledge and agree that neither North Shore and Beaches Dogs nor a Dog Owner have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Dog Owners pet, and you hereby agree not to seek any such reimbursement or other damages from North Shore and Beaches Dogs or a Dog Owner or guest pet’s owner(s) in the event of any such property damage.

Users who have registered on our site as guest or listing owner provide North Shore and Beaches Dogs with their mobile phone number as part of the registration process or in their account settings. Users who provide North Shore and Beaches Dogs with their mobile phone number may receive text message communications from North Shore and Beaches Dogs on their cellular phones and/or mobile devices. By providing North Shore and Beaches Dogs with your mobile phone number, you consent to North Shore and Beaches Dogs sending text messages to your cellular phone and/or mobile device. North Shore and Beaches Dogs does not charge for sending text messages, but your carrier may charge you.

Due to the nature of the Internet, North Shore and Beaches Dogs cannot guarantee the continuous and uninterrupted availability and accessibility of the North Shore and Beaches Dogs Platform. North Shore and Beaches Dogs may restrict the availability of the North Shore and Beaches Dogs Platform or certain areas or 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 North Shore and Beaches Dogs Platform. North Shore and Beaches Dogs may improve, enhance and modify the North Shore and Beaches Dogs Platform and introduce new North Shore and Beaches Dogs Services from time to time.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site 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 North Shore and Beaches Dogs.

For Dog Owners, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. For Dog Owners and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offence involving violence, abuse, neglect, fraud or larceny, or any offence that involves endangering the safety of others.

For Service Providers, 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, permits, other permissions and fulfilled any other necessary requirements to legally provide services. You acknowledge that North Shore and Beaches Dogs is entitled to rely on these commitments, and is not responsible to ensure that Service Providers have met these eligibility conditions. For Service Providers and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offence involving violence, abuse, neglect, fraud or larceny, or any offence that involves endangering the safety of others.

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.

North Shore and Beaches Dogs has 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. 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 North Shore and Beaches Dogs, you agree to provide North Shore and Beaches Dogs with such identification documents (for example copies of ID or passports) or other information as may be needed or requested by North Shore and Beaches Dogs.

Use of Site and Compliance

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:

use the Service for any commercial purpose, unless expressly authorised by North Shore and Beaches Dogs;
use the Site or Services to recruit, or solicit users for employment, or contact users to conduct business on behalf of a third party sitting service or network of Service Providers;
use the site for competitive purposes, such as to ascertain the features or technical infrastructure of the Site;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to services usually arranged via the Site;
extract profile information or contact information from profiles, whether to list such information on third party sites or for any other purpose;
“stalk” or harass any other user of our Services;
collect or store any information about any other user other than for purposes of transacting as a Dog Owner, Service Provider or other provider of Third-Party Services with another user;
register for more than one user account or register for a user account on behalf of an individual other than yourself;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
update a public profile with erroneous contact information or remove contact information;
use automated scripts to collect information or otherwise interact with the Service or the Site except through intentionally provided APIs;
violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
submit any listing with a misleading or false information, or submit any listing with a price that you do not intend to honour; or
advocate, encourage, or assist any third party in doing any of the foregoing.
fail to add each and any resident pet to a public profile and/or remove resident pet information that creates an inaccurate portrayal of the resident pets on property;
fail to respond to messages/enquiries from other North Shore and Beaches Dogs members or fail to respond to messages/enquiries from other North Shore and Beaches Dogs members within a timely manner, to be determined at the sole discretion of North Shore and Beaches Dogs;
behave or act in any way that creates a negative experience for a North Shore and Beaches Dogs Users, to be determined at the sole discretion of North Shore and Beaches Dogs;
behave or act in any way that demonstrates a lack of courtesy or professionalism with any North Shore and Beaches Dogs Staff members that may cause any difficulty providing the best customer service possible for a North Shore and Beaches Dogs users, to be determined at the sole discretion of North Shore and Beaches Dogs;
circumvent any measures implemented by us aimed at preventing violations of the Terms;

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.

North Shore and Beaches Dogs also expressly reserves 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 North Shore and Beaches Dogs by Dog Owners. These reviews are typically, but are not required to be, associated with a Service provided by a Service Provider through North Shore and Beaches Dogs.

Without limiting the foregoing, North Shore and Beaches Dogs and its designees will have the right to remove any reviews or other content that violates these Terms or is deemed by North Shore and Beaches Dogs, in its sole discretion, to be otherwise objectionable, including any reviews that violate any of the following guidelines:

Reviews unrelated to the Reservation itself (e.g., religious, political, or social commentary).
Reviews that are not representative of the Dog Owner’s own personal experience.
Reviews in which the content endorses or promotes illegal or harmful activity or violence.
Reviews in which the content is profane, discriminatory, or vulgar.
Reviews in which the content violates another person’s privacy, such as publishing a person’s full name, phone number, address, or other identifying information.
Reviews in which the content refers to a North Shore and Beaches Dogs investigation.
Reviews in which the content is proven to be used as extortion.

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 authorised 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 authorisation; (c) interfering or attempting to interfere with service to any user, Service Provider, 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 North Shore and Beaches Dogs 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 us at hello@northshoreandbeachesdogs.com.au

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 North Shore and Beaches Dog’s sole discretion. The provisions regarding Disclaimer of Warranty apply to such features or tools.

User Content and Communication Rules and Guidelines

By agreeing to our Terms, both Service Providers and Dog Owners are also assuming the responsibility of clear and frequent communication.

For Service Providers this includes:

Responding to Direct Booking requests within 24 hours (after 48 hours the unanswered Direct Booking requests will expire)
Responding to Enquiries within 24 hours (after 48 hours North Shore and Beaches Dogs reserve the right to cancel the request)
Being available to communicate with the Dog Owner from the moment a booking with that Dog Owner is confirmed via our web or mobile applications. Specifically, up to 7 days before the booking start date, the Service Provider should always respond to Dog Owners queries no later than 48 hours from the query being sent. In the 7-2 days leading to the booking start date, the Service Provider should respond no later than 36 hours from the query being sent. From the day before the booking start date and during the whole duration of the booking, responding to Dog Owner queries no later than 12 hours from the query being sent. If those timeframes are not adhered to, North Shore and Beaches Dogs reserves the right to intervene or cancel future booking requests.
Being available for a “Meet and Greet” before the booking commences. If a Service Provider refuses a “Meet and Greet” that a Dog Owners has requested, North Shore and Beaches Dogs suggests the Dog Owner cancel this booking.
For Dog Owners this includes:
Being available to communicate with the Service Provider from the moment a booking with that DOG OWNER is confirmed via our web or mobile applications. Specifically, (a) In the 7-2 days the booking start date, the DOG OWNER should always respond to the Service Provider within 36 hours, to ensure that all details are arranged before the booking begins, (b) on the day before the booking start date, on the booking start date and on the booking end date, responding to the Service Provider within 12 hours, to ensure appropriate arrangements for the drop off and the pick-up of the dog.
Providing the Service Provider with an alternative contact in case of an emergency.
If the service hired in a confirmed booking is no longer needed, the DOG OWNER agrees to let the Service Provider know of the cancelation immediately, and the DOG OWNER is not liable to pay a cancelation fee, unless a cancellation fee was agreed in writing between the DOG OWNER and Service Provider prior to service commencement.
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Service Providers (“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, links for self promotion unless approved by North Shore and Beaches Dogs, otherwise engage in any activity on the Site or through the Services, that:

contains others’ copyrighted content unless you have written permission from the copyright owner;
contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
implies that the User Content is in any way endorsed or sponsored by North Shore and Beaches Dogs;
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, discrimination, bigotry, hatred or physical harm of any kind;
is intended to harass, annoy, threaten or intimidate any other Users of the Site;
is false, abusive, misleading, defamatory, inaccurate, obscene, profane, sexually oriented, or otherwise objectionable;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Site;
uses scripts, bots or other automated technology to access the Site;
that otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.

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 North Shore and Beaches Dogs.

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 North Shore and Beaches Dogs, its Affiliated Parties, 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 authorise sub-licenses of the foregoing.

Review Guidelines. Dog Owners will have the opportunity to provide Reviews about Service Providers whose services they have used. Reviews should not include any personal information about a Service Provider that is not disclosed in the Service Provider’s public Profile (for example, the Review should not include or reference a Service Provider’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 generalisations 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 North Shore and Beaches Dogs users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether North Shore and Beaches Dogs collected any money on behalf of a Service Provider or provider of Third-Party Services.

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 Dog Owner, 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 DOG OWNER. You further agree not to alter the price once accepted.

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 North Shore and Beaches Dogs 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, sub-licensable (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. North Shore and Beaches Dogs 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, North Shore and Beaches Dogs occasionally shares photo updates of guest pets and resident pets with Site users and the public. You agree that North Shore and Beaches Dogs may, at its sole discretion, publish these photos on the Site, in e-newsletters, and across social media including Facebook, Twitter, Pinterest, and similar sites.

You hereby represent and warrant to North Shore and Beaches Dogs 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; will not contain other Users children without their prior consent; (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 North Shore and Beaches Dogs or cause North Shore and Beaches Dogs 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 North Shore and Beaches Dogs 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 North Shore and Beaches Dogs 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 North Shore and Beaches Dogs 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 North Shore and Beaches Dogs. 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 North Shore and Beaches Dogs at any time.

Bookings and Financial Terms

North Shore and Beaches Dogs, through its proprietary network of Service Providers, arranges for the provision of the Provided Services to Dog Owners, including, but not limited to temporary pet boarding, pet sitting, pet day care, dog walking, housesitting and other pet related services.

As a Service Provider, you may create Listings, and will be asked detailed information about your services, your experience, your home and pets (if relevant). As a Service Provider, you may set the pricing and terms for your services within the parameters permitted by the Site. Please note that it is the Service Provider and not North Shore and Beaches Dogs which determines the Service Provider Fees. North Shore and Northern Beaches Dogs are not involved in the transaction of money between Users.

North Shore and Beaches Dogs assumes no liability for any acts or omissions of the Service Provider.

Please note that North Shore and Beaches Dogs does not currently charge fees for the creation of Listings. However, you acknowledge and agree that North Shore and Beaches Dogs reserves the right in future, in its sole discretion, to charge you for and collect fees from you for the creation of Listings.

As a Dog Owner, you may request services from Provided Services through the Site.

The Service Provider is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by North Shore and Beaches Dogs at its sole discretion). If the Service Provider accepts the booking request (i.e. the booking is completed by both parties), they agree to honour the price set forth in their communication and the full amount of the Provided Service must be paid on completion of the Provided Services.

North Shore and Beaches Dogs take no responsibility for the payment exchanged between the Dog Owner and Service Provider.

For Flea Situations involving a Dog Owner’s Pet. Any situations whereby a Dog Owner’s Pet introduces fleas into a Service Provider’s home, any cost for treating a home or Service Providers resident animals is the responsibility of both Dog Owner and Service Provider, however it is the responsibility of the Users to disclose any knowledge of flea issues associated with their pets before any Service is rendered.
For Emergency Medical Situations Involving a Dog Owner’s Pet. Dog Owners should ensure that the Service Provider is provided with contact information to reach the Dog Owner in the event an emergency medical situation arises involving a Dog Owner’s Pet. Dog Owners and Service Providers acknowledge and agree that, to the extent any situation arises where the Dog Owner’s Pet is required to receive emergency veterinary care while in the care or custody of the Service Provider, the Service Provider shall make reasonable efforts to contact the Dog Owner and notify him or her of the situation. In the event the Service Provider notifies North Shore and Beaches Dogs of the situation, the Service Provider should contact North Shore and Beaches Dogs and North Shore and Beaches Dogs shall make reasonable efforts during North Shore and Beaches Dog’s normal business hours to contact the Dog Owner to notify them of the situation. If the Dog Owner cannot be reached following reasonable efforts, Dog Owner authorises Service Provider and North Shore and Beaches Dogs to authorise care on his/her behalf in order to promptly treat Dog Owner’s Pet. Dog Owners are responsibility to reimburse costs incurred by the Service Provider or North Shore and Beaches Dogs attendant thereto.
If you are a Dog Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify North Shore and Beaches Dogs from, and agree that we may charge you for any additional costs and expenses North Shore and Beaches Dogs or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking

Once the Provided Service has ended, any further payment disputes are between the Dog Owner and Service Provider, and North Shore and Beaches Dogs has no obligation to mediate or facilitate any resolution. Further, North Shore and Beaches Dogs has no responsibility or liability for disputes between Dog Owner and Service Provider.

Cancellations and Refunds

Cancellation by Dog Owners: Each Service Provider agrees a cancellation policy for Provided Service with Dog Owners upon booking. North Shore and Beaches Dogs takes no responsibility for cancelled bookings by the Dog Owner.

Cancellation by Service Providers: Each Service Provider agrees a cancellation policy for Provided Service with Dog Owners upon booking. North Shore and Beaches Dogs takes no responsibility for cancelled bookings by the Service Provider.

Cancellations by Service Providers are taken seriously and may result in account review, temporary suspension and possibly termination of their access to North Shore and Beaches Dogs. Sitters are expected to only accept those Bookings that they are committed to completing. North Shore and Beaches Dogs understands the need for exemptions when extenuating circumstances arise. Examples of that include but are not limited to the death of a direct relative, natural disaster, or some other catastrophic event that makes you unable to provide the service.

Booking Guarantee. North Shore and Beaches Dogs shall do the utmost to assist the Dog Owner in finding alternative Service Providers but shall not be liable for any consequential losses arising out of the Dog Owner not being able to secure an alternative.

We recommend for first-time booking between Dog Owner and Service Provider, Dog Owner and Service Provider may, at their own discretion, arrange for a live “Meet & Greet” to introduce the Dog Owner’s pet to Service Provider, the Service Providers home, children, and pets (if applicable). If the result of this meeting is the determination that a Provided Service would not be in the best interests of the pets or family, either party should immediately cancel the booking.

Links to Third-Party Websites

North Shore and Beaches Dogs 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. North Shore and Beaches Dogs is 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 North Shore and Beaches Dogs of such Third-Party Services.

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, North Shore and Beaches Dogs 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 Service Providers, the 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, North Shore and Beaches Dogs 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, North Shore and Beaches Dogs 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 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 North Shore and Beaches Dogs 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.

North Shore and Beaches Dogs is not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by North Shore and Beaches Dogs. North Shore and Beaches Dogs expressly disclaims any warranty related to the quality of provided services and the persons or businesses referenced on the site. You use provided services at your peril and assume all risks related to use of said provided services. Licensing and certification requirements (or the absence thereof) for some or all of the provided services offered by Service Providers widely vary by state, county, city, municipality or township.

North Shore and Beaches Dogs makes no representations or warranties that any of the Service Providers offering provided services through the site have complied with any applicable state, county or municipal law, statute, ordinance or regulations. North Shore and Beaches Dogs explicitly disclaims all liability for any act or omission of any Service Provider, Dog Owner or other third party.

Limitation of Liability and Release

By agreeing to serve as a Service Provider and offer Provided Services to a Dog Owner, 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 Service Providers to make decisions that are in the best interests of themselves, family, and their pets. It is recommended that all Service Providers schedule a “Meet and Greet” with all pets and Dog Owners before providing pet boarding or other Provided Services to mitigate as many risks as possible.

Should you agree to serve as a Service Provider, you agree and acknowledge as follows:

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
You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold North Shore and Beaches Dogs, its affiliates, officers, directors, agents, employees, and Dog Owners (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 North Shore and Beaches Dogs 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 Provided Services.

Whether you are a Dog Owner or a Service Provider, you agree not to hold North Shore and Beaches Dogs 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 North Shore and Beaches Dogs 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) Service Providers’ 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 Dog Owners, 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 North Shore and Beaches Dogs 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 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 North Shore and Beaches Dogs 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.

To the maximum extent permitted by applicable law, in no event will North Shore and Beaches Dogs 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 North Shore and Beaches Dogs 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 North Shore and Beaches Dogs service, or for any interactions with other users of the North Shore and Beaches Dogs 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.

You also expressly acknowledge and agree that North Shore and Beaches Dogs has entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and North Shore and Beaches Dogs and form a basis of the bargain between the parties.

Indemnification

You agree to indemnify, defend and hold harmless North Shore and Beaches Dogs 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 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.

North Shore and Beaches Dogs 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.

Termination and Account Cancellation

By North Shore and Beaches Dogs. North Shore and Beaches Dogs may, 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.

Unless otherwise decided by North Shore and Beaches Dogs, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s account, North Shore and Beaches Dogs may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by North Shore and Beaches Dogs, you may not re-register without North Shore and Beaches Dog’s consent (and if you are permitted to re-register, your previous information and activity, may no longer be available).

By User. As a User, you may edit or cancel your account at any time by contacting our customer support team email hello@northshoreandbeachesdogs.com.au

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 may have required 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 North Shore and Beaches Dogs. 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. All fees and charges are non-refundable and there are no refunds or credits once your account has been billed, including if your account is terminated, suspended or cancelled.

Intellectual Property Rights

Copyright. All materials on the Site other than User Content are either owned by North Shore and Beaches Dogs or are the property of North Shore and Beaches Dog’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.

The service marks and logos “North Shore and Beaches Dogs” and the North Shore and Beaches Dogs logo are owned by North Shore and Beaches Dogs. 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 recognise the rights of North Shore and Beaches Dogs 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. North Shore and Beaches Dogs retains ownership of its intellectual property rights and you have no rights to North Shore and Beaches Dog’s intellectual property or North Shore and Beaches Dog’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 North Shore and Beaches Dogs Service any feedback or suggestions for enhancement that you provide to us concerning the North Shore and Beaches Dogs Service, without any obligation of compensation.

Your Content. Other than the non-exclusive license granted to North Shore and Beaches Dogs with respect to User Content, North Shore and Beaches Dogs will not acquire an ownership interest in the User Content you post.

Employment and Withholding

North Shore and Beaches Dogs is not an employment service and does not serve as an employer of any user. As such, Users are solely responsible (and North Shore and Beaches Dogs 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 Users.

As a Service Provider, you acknowledge that you are responsible to pay any taxes that arise as a result of use of services via North Shore and Beaches Dogs.

You understand and agree that if North Shore and Beaches Dogs is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify North Shore and Beaches Dogs for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

You are responsible for complying with all applicable tax laws and regulations related to your use of the Site and Provided Services. Without limiting the foregoing, each Service Provider is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. North Shore and Beaches Dogs is not responsible for any taxes related to your use of the Site or the Provided Services.

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, North Shore and Beaches Dogs is not acting as an agent for any Service Provider, Dog Owner or any other user or visitor of the Services or the Site. North Shore and Beaches Dogs is not an employment service or agency, and does not serve as an employer or referral source for any User.

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 New South Wales, Australia applicable to agreements made and to be entirely performed within the State of New South Wales, 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 North Shore and Beaches Dogs will submit to the exclusive jurisdiction of New South Wales court.

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.

Miscellaneous

The Terms (together with the Privacy Policy) represent your and North Shore and Beaches Dog’s entire understanding relating to the use of the Site and any 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 North Shore and Beaches Dogs. Any purported assignment in violation of this section shall be void. North Shore and Beaches Dogs 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 defence of that controversy or dispute. Any and all rights not expressly granted herein are reserved by North Shore and Beaches Dogs.

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 North Shore and Beaches Dogs 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 s.

Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify North Shore and Beaches Dogs as to any matters relating to the Site or Services please contact us at:

North Shore and Beaches Dogs (ABN: 96 909 608 769)

PO Box 163

Mona Vale NSW 1660

hello@northshoreandbeachesdogs.com.au

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