By registering as a member of PetCloud you agree to the terms and conditions as set out below and as amended from time to time:
1. Definitions for the purposes of this website:
- (a)"Minder" means a member who, for a fee, looks after a pet owner’s pet or pets on terms and conditions as agreed between the pet owner and the pet minder
- (b)"Owner" means a member who owns or is responsible for a pet
- (c)"Member" means a person who upon payment of the application fee contained on this website or registering on this website agrees to the terms and conditions herein
2. PetCloud is an introductory agency only and:
- (a) will use reasonable endeavours to match a pet owner with a pet minder;
- (b) does not directly or indirectly employ the pet minder;
- (c) has the right, in its absolute discretion, to refuse to provide services to a pet owner or a pet minder;
- (d) is not involved in the negotiations between members or for supervising the transactions that take place between its members
- (e) has no control of the contents posted by members and cannot ensure or guarantee the accuracy or legality of any such content; and
- (f) is not involved in the transaction between members and is not a party to any transactions that take place between its members.
3. The pet minder and pet owner will act reasonably to enter into an agreement whereby the pet minder will agree to house and care for the pet owner’s animal/s at a price and for a term on terms as agreed. PetCloud has no responsibility for the terms of the agreement entered nor for the collection of any monies due or payable. The pet owner and the pet minder do not reply upon representations made by or on behalf of PetCloud and rely entirely upon their own enquiries as to suitability of the pet minder to provide services for the pet owner.
4. PetCloud accepts no responsibility for:
- (a) any incidental, indirect or consequential damages which may occur to any person or animal as a result of using the PetCloud service, or by any act or omission of a pet minder or of any pet owner or animal;
- (b) the behaviour and/or conduct of other members or their animals;
- (c) the suitability, honesty, capability or character of any member;
- (d) the suitability of the pet minder’s premises for the pet owner’s animal/s;
- (e) any incidental, direct, indirect or consequential damage that may be caused to any personal or animal, whether as a result of omission, accident, injury, aggravation or otherwise; and
- (f) any monies due and payable either by or to the pet owner or the pet minder.
5. You irrevocably release PetCloud, its directors and employees absolutely from all liability and responsibility for injury, damages, illness, accident, death, veterinary expenses, loss of property howsoever arising which may occur to any animal or person at any time as a result of the use of this introductory agency. You agree to indemnify, and keep indemnified, PetCloud, its directors and employees from and against all liability, damages, veterinary expenses, claims, actions and costs of defending such claims and action whatsoever in respect thereof.
6. PetCloud does not make any warranty as to:
- (a) the suitability, honesty, capability or character of the pet minder;
- (b) the suitability of the pet minder’s premises;
- (c) the nature or temperament of any pet; and
- (d) the capability of a pet minder to adequately exercise and care for any pet
- and does not accept any responsibility in relation to these matters.
7. PetCloud is not responsible for any computer viruses or breakdowns which may arise as a result of using this service.
8. All correspondence and emails that you receive from PetCloud or a member of PetCloud are confidential. You are not permitted to forward these emails to another party without first obtaining the consent of the original sender.
9. Pet Care Costs and expenses during the booking will be raised with the Pet Owner by the Sitter as they are incurred and paid for by the Owner. All users are responsible for all charges associated with the use of PetCloud, (for example wifi, data). If you are a pet owner, you are also separately responsible for all costs and expenses incurred by the pet minder as agreed between you and the Pet Sitter (for example, flea shampoo, extra food, dog waste bags, or vet appointments not related to any Sitter negligence).
10. PetCloud is not responsible for any information or materials posted or transmitted via its website.
11. PetCloud is not responsible for resolving disputes between members. Sitters are responsible for any Cardholder disputes and for Stripe's fees. These fees can be recouped into the prices you set on your listing for services. Payment matters can be raised with Stripe by submitting a ticket
12. Members are responsible for their own online charges from internet service providers and all associated and incidental costs.
13. All members agree that, in relation to personal information of other members that are obtained through this website or through PetCloud facilitated transaction; that information will not be used for any unsolicited commercial purpose. Members are expressly prevented from adding personal information of other members to any electronic or physical mailing lists, or for sending spam or other content not expressly authorised by PetCloud.
14. PetCloud is not responsible for any losses or damages that result from loss of user ID and/or password.
15. PetCloud may, in its absolute discretion, amend or alter the content of a member profile. This includes but is not limited to the removal of company names, URL links and inappropriate or offensive material as deemed so by us.
16. PetCloud may, in its absolute discretion, cancel a membership for any breach of these terms and conditions as amended from time to time.
17. PetCloud may amend the terms and conditions from time to time. If you do not agree with any of our terms and conditions, you must terminate your membership. If, after changes to our terms and conditions you continue to be a member of PetCloud, you will be considered to have accepted the varied terms and conditions.
18. As part of using this site, you agree that your details will be cross-checked with the RSPCA's Animal Cruelty Register and if membership is deemed not appropriate by PetCloud staff or the RSPCA, then your membership will be terminated.
19. As part of using this site, you agree that your pet is not listed on any dangerous dog register. You also agree to have your pet's details cross-checked with the RSPCA's Dangerous Dog Register and if found to be listed as a dangerous dog, they will not be eligible to use this Minding service.
20. By becoming a Pet Sitter or offer Pet Services through PetCloud, you agree that you are 18 years of age or that you have permission and supervision from your parents.PetCloud takes no responsibility for any child who has not requested permission and supervision.
21. As a Pet Sitter, I agree that I will not refer or discuss any users to any other pet service as I realise PetCloud spends time & money in working to promote Sitters. If I choose to violate these conditions, PetCloud Admin may choose to terminate my membership permanently.
22. As a Pet Owner I agree to pay for any bookings I make up front before my holiday begins. In not doing so, I take full responsibility for all costs incurred, should my booking be cancelled for non-payment.
23. If I run a Pet Care business on PetCloud, I agree to displaying a clear personal profile picture. and agree that I will not display my business name or logo on my listing, as I accept that PetCloud is built on personal relationships and trust.
24. In the event of an approved insurance claim, $1500 excess fee is payable to PetCloud (to be paid by the sitter) before reimbursement money is sent to the nominated bank account. All claims are subject to the applicable policies as specified by relevant underwriters.
25. Financial Onboarding with Stripe In order to receive payouts, all Pet Professionals must complete financial onboarding with PetCloud’s Financial Services Partner, Stripe.
26. Ongoing Relationship with PetCloud As a Sitter I agree that I have an ongoing relationship with PetCloud and every booking, including subsequent bookings with the same client (Pet Owner) or pet service provider (Pet Sitter / Dog Walker) must go through the PetCloud platform.
- As a Pet Owner, when you provide payment information, you represent and warrant that the information is accurate, that you are authorised to use the payment method provided.
- The Sitter is responsible for displaying the 'Make Payment' button to Pet Owners. Payment must be requested from Pet Owners Credit Card before the service begins via PetCloud in the Message thread.
- PetCloud uses the 3rd party payment platform, Stripe, and in conjunction, your Stripe account to process credit and debit card transactions for your PetCloud account.
- PetCloud is a "Partner Application" as defined in the Stripe Terms of Service and you expressly understand and agree that PetCloud shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe.
- You agree that PetCloud shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
- You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. PetCloud is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
- You understand that PetCloud uses the Stripe platform to run the Service and that the Stripe platform is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold PetCloud liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause loss to your Stripe account, your PetCloud account, or your business.
- You must not process stolen credit cards, or unauthorised credit cards through Stripe and/or your PetCloud account.
28. REFUNDS AND CANCELLATIONS POLICY: Users understand and acknowledge that the Pet Services may be subject to statutory guarantees under Australian Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.
- Sitters are responsible for handling all Customer refunds. Upon agreeing to refund, for the Sitter’s own cyber security protection, the transaction must be reversed in Stripe by the Sitter and never refunded in cash or into a Cardholder’s alternate bank account.
- Cancellation by a Pet Sitter/service provider: If a pet sitter cancels prior to start or during a booking, we will refund the booking fees paid by the pet owner for the services not provided. PetCloud will try to arrange a substitute pet sitter to cover a confirmed booking.
- A pet sitter may contact PetCloud to try to find an alternate service provider to cover for any remaining days with mutual agreement of all the parties involved including PetCloud to modify the booking and ensure a seamless experience.If you are a pet sitter and you frequently cancel confirmed and accepted bookings without any justifications, Pet Cloud reserves the right to terminate your account.
- Cancellation by a Pet Owner: If a pet owner cancels prior to the start of a booking then the Sitter’s chosen refund policy at the time of creating that booking will apply, booking fee is non-refundable to compensate PetCloud. The Pet Owner must notify PetCloud in writing at email@example.com. PetCloud’s representative will consider notice receipt time, circumstances of the complaints, withholding period of booking amount, sitter’s refund policy or any other relevant factors before processing any refunds. Three types of refund policies which a sitter, as a provider of pet care services, can choose are below;
Conditions for FULL Refunds:
Flexible Policy: Pet owner is eligible for a full refund if PetCloud receives the cancellation request 24hours before the commencement of the booking.
Moderate Policy: Pet owner is eligible for a full refund if PetCloud receives the cancellation request 7 days before the start of a booking.
Strict Policy:Pet owner is eligible for a full refund if PetCloud receives the cancellation request 14 days before the start of a booking.
Peak Period Policy: Any booking confirmed between 28th November and 7th Jan next year will be non-refundable to compensate sitters for the lost opportunities during peak season.
Capped Partial Refunds: Where a Pet Owner is not eligible for a full refund, PetCloud will forfeit 50% or A$300 whichever is lower over and above booking fee. This is a cost to cover Pet Siter’s compensation, administration expenses to set the booking, maintenance of website, advertising, training and other related costs.
If a pet owner cancels a current booking (after the start but before the end date), we will refund the service fee paid by the pet owner for the services not yet provided subject to the Capped Partial Refunds clause above.
Refunds after a payout: The sitter will get paid after pet owner confirms completion of a booking on PetCloud or 24 hours after booking end time. Cancellation request/complaints received after payment has been made to the Pet Sitter will warrant discussions with both parties and will involve recovery of paid funds from the sitter. Pet Owners understand that any delays of refunds from Sitters are beyond the control of PetCloud.
- Cancellation of Recurring Bookings: weekly recurring bookings that run for more than 2 weeks and for which Pet Cloud collects weekly payments. All the above policies will apply in cases where booking is cancelled before its start date except the amount in consideration will be for 2 weeks.
Force Majeure: The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Pet Sitters and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, bushfire, flood, war, riots, pandemic situation or other similar disaster. In such cases PetCloud may, in its reasonable discretion, issue refunds under terms that vary from a Pet Sitter’s selected cancellation policy.
29. Inactive Accounts: PetCloud incurs administrative and other costs to maintain its digital wallet and website. Any unused balance in a wallet will be reset to zero when an account becomes Inactive. An inactive account is any wallet without transaction in the last 12 months.
30. Non-Withdrawal Balance: Pet Cloud runs promotional offers and discounts from time to time. If a customer gets additional credits or discounts using promo codes/coupons, the entire amount added with the coupon codes becomes non-refundable. The credits must be used within PetCloud.