Terms of Service
Effective: 01 November 2024
1. Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Globedge Limited., a company incorporated under the laws of the United Kingdom with a registered office at Reedham House, 31 King Street West, Manchester, Greater Manchester, England, M3 2PJ (“doggofind,” “we,” “us” and “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, and any other services or products we may offer from time to time (collectively, our “doggofind Service”). The Terms govern all use of the doggofind Service, whether you access it from our website at https://www.doggofind.com (including any subdomain or localized version) (the “Site”), our mobile applications and mobile websites, or any other access point we make available to you. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE doggofind SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE doggofind SERVICE.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the doggofind Service, unless otherwise required by applicable law. Your continued access and use of the doggofind Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2. doggofind Service.
2.1 Nature of the doggofind Service. The doggofind Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other. The doggofind Service includes our support services, educational materials for Service Providers, and other services. We charge fees for some aspects of the doggofind Service, as described below in Section 9.
2.2 doggofind does not provide Pet Care Services. doggofind is a neutral venue for Service Providers and Pet Owners. doggofind is not a Service Provider and, except for support and other resources and support specifically described in the doggofind Service, does not provide pet care services. We make no representations or warranties about the quality of dog training, dog boarding, dog sitting, dog walking, house sitting, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Service Providers listed on doggofind are not under the direction or control of doggofind, and Service Providers determine in their own discretion how to provide Pet Care Services. doggofind does not employ, recommend or endorse Service Providers 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. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via the doggofind Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the doggofind 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.
2.3 Release. doggofind has no liability for any claims, 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 omissions of Service Providers and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions are between Pet Owners and Service Providers. The doggofind Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the doggofind Service are between Pet Owners and Service Providers. Except for the limited refunds specified in Section 9.6, you agree that doggofind has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the doggofind Service.
2.5 Bookings. Pet Owners and Service Providers transact with each other on the doggofind Service 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 the booking mechanism provided on the doggofind Service (a “Booking”). A Booking may be initiated by either a Service Provider or a Pet Owner by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Request to book.” 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. Once you complete a Booking, you agree to honour the price and other terms of that Booking, as acknowledged in the Booking confirmation.
2.6 Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. doggofind does not warrant that Service Provider information is accurate, complete, conclusive or up-to-date. Similarly, doggofind does not endorse reviews of Service Providers by other Pet Owners that may be available via the doggofind Service, and doggofind makes no commitments that such reviews are accurate or legitimate.
2.7 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that the Service Provider may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse the Service Provider for all costs and expenses associated with such actions.
2.8 Emergencies. We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary. If you are a Pet Owner, you hereby authorise your Service Provider 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 the Service Provider. 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 doggofind for any injury, damage or liability arising from failure to seek such care. Pet Owners are responsible for the costs of any such medical treatment for pets and doggofind recommends that all users have adequate pet insurance to cover the costs of veterinary care.
2.9 Google Maps. Use of the doggofind Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the “Google Terms”). By using the doggofind Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an “End User”). Any unauthorised use of the Google Maps features and content may result in your suspension or termination from the doggofind Service.
3. Certification of Compliance with Applicable Law.
By accessing and using the doggofind Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the doggofind Service.
- For Pet Owners, 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 (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).
- For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, insurances and permits necessary to provide Pet Care Services legally; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.
- Note that in the United Kingdom, you may be required to obtain a license to board pets in your home depending on certain factors such as your location and earnings. You should include your license number, if applicable, in your profile. For additional information, please visit your local council’s website.
You acknowledge that doggofind is entitled to rely on these certifications 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.
4. Use of the doggofind Service; Suspension.
4.1 Your Conduct on the doggofind Service. When you use the doggofind Service, you agree:
- To use the doggofind Service only in a lawful manner and only for its intended purposes.
- Not to use the doggofind Service to arrange for the care of: (a) any animal whose ownership or third-party care is prohibited under applicable law; or (b) any animal that has a history of, or which has been trained for, attacks on pets or people.
- Not to submit viruses or other malicious code to or through the doggofind Service.
- Not to use the doggofind Service, or engage with other users of the doggofind Service, for purposes that violate the law.
- Not to use the doggofind Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the doggofind Service.
- Not to use the doggofind Service for purposes of competing with doggofind or to promote other products or services.
- Not to post reviews that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
- 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.
- Not to post “spam” or other unauthorised commercial communications.
- To use the doggofind Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorise the use of your account for the doggofind Service by any other person, or to engage in fraudulent transactions.
- Not to use any promotional credits or rewards in a manner inconsistent with the spirit and purpose of the program including, without limitation, using promotional credits or rewards to create Bookings within the same household or with someone with whom you share a pet.
- Not to provide false information in your profile on, or registration for, the doggofind Service, or to create multiple or duplicate accounts.
- Not to interfere with our provision of, or any other user’s use of, the doggofind Service.
- Not to solicit another user’s username or password for the doggofind Service or any other sensitive personal information, including bank details.
4.2 Ethical approach. doggofind strictly prohibits Service Providers from listing or promoting services that involve techniques, equipment, or implements designed to cause pain, fear, or undue distress to dogs. This includes, but is not limited to;
- The use of prong collars, choke collars, or e-collars (also referred to as shock collars);
- Training methods or techniques that rely on punishment, physical force, or the infliction of pain;
- Any other practices or devices that compromise a dog’s welfare when alternative, humane methods are readily available.
Service Providers found to be in breach of this policy will have their listings removed and may be subject to account suspension or termination at the sole discretion of doggofind. By using this platform, all Service Providers agree to adhere to these standards, ensuring the promotion of safe, ethical, and force-free methods for training and caring for dogs.
4.3 Suspension and Termination. You understand and agree that we have no obligation to provide the doggofind Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the doggofind Service: (1) if in our discretion your conduct on the Site or doggofind Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect doggofind, its users, pets, or the public. You may suspend or terminate your use of the doggofind Service at any time and for any reason. If you wish to deactivate your account, please contact doggofind. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
5. Registration; Account Security.
In order to use some aspects of the doggofind Service, you will be required to create a username, password, and user profile. If you elect to use the doggofind Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if doggofind suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the doggofind Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorised use of your account.
6. Privacy.
Our collection and use of your personal information on the doggofind Service is described in our Privacy Policy. By accessing or using the doggofind Service, you acknowledge that you have read and understand the Privacy Policy.
7. Your Content.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the doggofind Service or otherwise in connection with using the doggofind Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.
7.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, to the maximum extent and duration permitted under any applicable law, you grant doggofind 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 in connection with providing and/or promoting the doggofind Service, and to sublicense these rights to third parties.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release doggofind 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 with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. 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 in Section 7.2 and make the release in Section 7.3 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.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the doggofind Service. 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 our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews. The doggofind Service may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that doggofind has no obligation to preserve or indefinitely store any reviews. We have no obligation to provide you with the content of any reviews about you submitted by other users of the doggofind Service, whether before or after deactivation of your account for the doggofind Service. 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 the doggofind Service at any time.
8. Phone, Text and Mobile Communications.
8.1 Consent to Text Messages and Other Communications. This Section 8.1 applies only to users in the United States. You consent to receive from or on behalf of doggofind communications containing service-related information (including technical notices, updates, security alerts and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, over-the-top messaging platforms (such as WhatsApp), and other electronic means, at any phone number or email address you provide in connection with your account, even if your phone number is on the national or any state’s do-not-call registry. Your carrier’s normal messaging, data and other rates and fees may apply to these communications.
8.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your doggofind account information promptly to ensure that messages are not sent to the person who acquires your old number.
9. Fees & Payment.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the doggofind Service are listed in GBP by default but can be changed using the currency selector in the site’s footer to display in USD or CAD.
9.2 Fees for Pet Owners. Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Pet Owner, you enter into a transaction with the Service Provider when your requested Booking is accepted by the Service Provider, and you agree to pay the total amount indicated in the Booking, which includes service fees payable to doggofind if applicable. The Service Provider, not doggofind, is responsible for performing the Pet Care Services. Where required by law, the amount charged will be inclusive of applicable taxes. Pet Owners are not charged a fee by doggofind.
9.3 Fees for Service Providers. Service Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honour the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. The role of doggofind is to facilitate the transaction. We will (either directly or indirectly through an authorised third party) collect payment from the Pet Owner at the time of Booking. Payment to the Service Provider (except to the extent of any payment hold pursuant to Section 9.7) shall take place with 48 hours after completion of a payment request being made by Service Provider provided that their account balance is above the minimum amount eligible for withdrawal. Fees for Service Providers are described here. Except where otherwise specified via the doggofind Service, they are calculated as a percentage of the fees a Pet Owner agrees to pay a Service Provider in a Booking and are collected from each Booking.
9.4 Service Fees. We may charge service fees for some aspects of the doggofind Service. If you are a Service Provider, except where otherwise specified via the doggofind Service, our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay to you in a Booking and is collected from each Booking. Our service fees are described here.
9.5 Late Fees and Additional Charges. If you are a Pet 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 may 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 doggofind for any additional costs and expenses we 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.
9.6 Cancellations & Refunds.
- Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care Services not provided. If you repeatedly cancel accepted Bookings without justification, doggofind may deactivate your account. We encourage Service Providers instead to agree an alternative date for a Service to be provided, rather than a Booking be otherwise cancelled due to a scheduling issue. Service Providers agree to reimburse doggofind for any costs incurred as a result of your cancellation.
- Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the doggofind Service. All Service Providers are required to select a cancellation policy prior to completing a listing so that Pet Owners are aware of the cancellation policy prior to Booking.
- Cancellations by a Pet Owner on the date that the service was to be provided shall not be refunded.
- IMPORTANT: The processing of payments made via the doggofind Service (“Payment Processing”) incurs costs and these costs will not be refunded in any circumstances once a payment has been made. We strongly urge all Pet Owners to read listings carefully and be sure of the information (e.g. the minimum or maximum age of a puppy that can be admitted to a listed Puppy Class) prior to booking and making a payment. All Service Providers can be contacted should any clarity on a service be needed prior to booking and payment.
- General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the doggofind Service to do so. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date that a user cancels through the doggofind Service, regardless of any separate communications between users outside of the doggofind Service.
- Payment Disputes; Payment Outside of the doggofind Service. Once payments to Service Providers have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and doggofind has no obligation to mediate or facilitate any resolution. Further, doggofind has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the doggofind Service.
- Discretionary Refunds for Failure to Perform. In our reasonable discretion, if we determine that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may cancel a Booking and/or issue a full or partial refund to a Pet Owner. Fees incurred by doggofind for Payment Processing will not be refunded.
9.7 Payment Holds. If you are a Service Provider, doggofind reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of doggofind, the doggofind community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.
9.8 Authorisation to Charge. When you pay for Pet Care Services or for other services on the doggofind Service, doggofind’s role is to facilitate payments from Pet Owners to Service Providers as a limited payment agent for the Service Provider. You authorise us to charge your credit card or other payment method for fees you incur on the doggofind Service as they become due and payable. If we do not receive your payment when due, then you understand that neither doggofind 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 doggofind Service are non-refundable once paid.
9.9 Taxes. Except for taxes on doggofind’s income and gross receipts or where doggofind is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Pet Care Services via the doggofind Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the doggofind Service. In certain jurisdictions, doggofind may be required by law to collect and/or report tax information about you. You agree to provide us with documentation that we determine to be necessary for us to fulfil those obligations and, if you fail to do so, that doggofind may suspend or deactivate your account until such documentation is provided.
9.10 Payment Processing. Payment processing services may be provided by one or more third-party payment processors. You agree to provide accurate and complete information about you and/or your business, and authorise doggofind to share it and transaction information with third-party payment processors for the purposes of facilitating the payment processing services provided. doggofind reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
10. Copyright Infringement.
It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights.
If you believe in good faith that your copyrighted work has been infringed by content posted on the doggofind Service, please contact doggofind with a written notice that includes all of the following information:
- A description of the copyrighted work you believe to have been infringed;
- A description of the URL or other location on our Site of the material you believe to be infringing;
- Your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorised to act on behalf of the copyright owner.
11. Third Party Services, Links.
The doggofind Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD doggofind 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 doggofind Service; (2) breach of these Terms; (3) disputes with other users of the doggofind 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 DEFENCE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE 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.
13. Intellectual Property.
13.1 doggofind Service. doggofind and its licensors retain all right, title and interest in and to the doggofind Service, the technology and software used to provide it, all electronic documentation and content available through the doggofind Service (other than Your Content), and all intellectual property and proprietary rights in the doggofind Service and such technology, software, documentation and content. Except for your rights to access and use the doggofind Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the doggofind Service any feedback or suggestions for improvement that you provide to us concerning the doggofind Service, without any obligation of compensation.
13.2 doggofind Trademarks. doggofind owns all rights in and to its trademarks, service marks, brand names and logos (the “doggofind Marks”). If you are a Service Provider, subject to these Terms, doggofind grants you, for so long as you are in good standing on the doggofind Service, a limited, revocable, non-exclusive, non-transferable license to use the doggofind Marks solely: (a) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), if any, made available for purchase via the doggofind Store and/or (b) in other manners, solely to the extent specifically authorised in writing via the doggofind Service. As a condition of your use of the doggofind Service and the foregoing license, you agree that (1) you have no ownership rights in the doggofind Marks and all goodwill associated with your use of the doggofind Marks inures solely to the benefit of doggofind, (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because doggofind suspends or terminates your rights to use the doggofind Service, (3) doggofind may terminate your right to use any and all doggofind Marks at any time for any or no reason in doggofind sole discretion, and (4) you will not adopt or use any doggofind Marks other than as explicitly authorised by doggofind, and you will not use, register, or apply to register the doggofind Marks, the term doggofind, or any other term that includes the term doggofind, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.
14. Warranty Disclaimer for the doggofind Service.
The information and materials found on the doggofind Service, including text, graphics, information, links or other items, are provided “as is” and “as available.” Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the doggofind Service, but not directly by doggofind, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, doggofind DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE doggofind SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN doggofind; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE doggofind SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, doggofind EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE doggofind SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS PET CARE SERVICES VIA THE doggofind SERVICE.
15. Limitation of Liability.
15.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will doggofind be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the doggofind Service, including without limitation damages related to any information received from the doggofind Service, removal of your profile information or review (or other content) from the doggofind Service, any suspension or termination of your access to the doggofind Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the doggofind Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL doggofind AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE doggofind SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO doggofind (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID doggofind FOR THE USE OF ANY SERVICES, THE AMOUNT OF £100.00 GBP (OR EQUIVALENT IN LOCAL CURRENCY).
15.3 No Liability for non-doggofind Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL doggofind 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 doggofind SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE doggofind SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE doggofind 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.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR PET OWNER, YOU AGREE TO RELEASE doggofind FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL doggofind BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
16. Governing Law and Jurisdiction.
16.1 The laws of England shall govern these terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute that arises between you and doggofind must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.
16.2 If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.
17. Class Action Waiver.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS 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 doggofind AGREE OTHERWISE, THE COURT 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 COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR 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 doggofind SERVICE USERS.
20. Force Majeure.
doggofind shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters. Also, in such an event, the cancellation policies described in Section 9.6 may not apply and doggofind may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s cancellation policy.
21. Miscellaneous.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorised in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering pet care services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect 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. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with doggofind ends.
For questions or concerns about the doggofind Service or these Terms, please contact doggofind directly.