Terms of Service
PetStayAdvisor.com.au is an online platform in which businesses may create or claim listings for pet services, and pet owners/customers may create, search for, review and book such listed services.
The following services will be listed on PetStayAdvisor:
Dog Boarding: Dog Boarding Kennels at a service provider’s property
Cat Boarding: Cat Boarding Kennels at a service provider’s property
Pet Sitting: Dog or Cat boarding in the owners own residence, or at a Pet Sitters residence
Doggy Day Care: Dog Day Care in a service provider’s establishment, or Dog Walking/Services from the owners own residence.
By using our site you agree to comply, with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), regardless of whether you become a registered user of the site or enter as a guest. These Terms govern your access to and use of the site and all content (defined below), and constitutes a binding legal agreement between you and PetStayAdvisor.
By using the site you represent that (a) the information submitted by you when you register as a member is factual and accurate; (b) you will update the information when there is change; (c) you are at least 18 years of age or use this site only under the supervision of your parent or guardian who has agreed to these Conditions; and (d) that your use of this site or the services does not violate any applicable law or regulation.
By using our site you acknowledge and agree that PetStayAdvisor is only a platform and not a party to any agreements entered into between the service providers/businesses and our customers/ members; and that the contract for pet services is directly between the service providers and its customers. PetStayAdvisor is not an agent, broker or insurer. PetStayAdvisor has no control over the behaviour or conduct of members, service providers, pets, pet owners, or any users of the site or pet services, and PetStayAdvisor is not liable for any claims in this regard.
PetStayAdvisor can be used to facilitate the listings, reviews and booking of pet services. You may view listings as an unregistered visitor to the site; however, if you are a service provider and wish to ‘claim’ your listing, you must first register to create an account.
PetStayAdvisor makes available a platform for customers/members and service providers/businesses to arrange for the booking/ providing of pet services. PetStayAdvisor itself does not provide any pet related services. By using the site you acknowledge that PetStayAdvisor does not control the content contained in any listings or the provision, quality, condition, legality or suitability of any pet services. PetStayAdvisor is not responsible for and wholly disclaims any and all liability related to any and all listings and pet services. Consequently, any bookings of pet services will be made at the customer’s own risk.
The site contains links and references to third parties other than PetStayAdvisor. PetStayAdvisor is not responsible for and does not control, endorse or assume any responsibility for third party content.
As a service provider who has ‘claimed’ your listing, you may build information for your pet services. You may include but are not limited to, your place of residence, pets, the type and availability of the pet services, rates and booking conditions. Listings will be made publicly available via our site. Customers/members will be able to book your pet services via the site based upon the information provided in your listing. You understand and agree that once a customer/member books your pet services, the price for such pet services may not be changed. PetStayAdvisor reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that PetStayAdvisor, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the site. If this occurs (and when appropriate) we will provide reasons for the temporary or permanent removal of your listing.
Fee and Payment
PetStayAdvisor will charge an annual subscription of just $49.95 per annum (exclusive of GST) for any business who ‘claims’ their listing. If the service provider has more than one boarding facility, for example dog and cat boarding, they will only be charged $49.95 once per annum for both or all listings if the business is at the same address and location. PetStayAdvisor has the right to increase their annual fee or services at any time, and upon renewal will give the service provider at least 14 days notice prior to the listings expiration date. Once the date expires and payment has not been received by PetStayAdvisor to renew the membership, we reserve the right to return the listing to our basic “free” listing service or remove the service provider from our site.
30 day money back guarantee
If you have claimed your business listing and are not 100% happy with the service within 30 days, we will refund the full amount of your claim. To be eligible for the refund, you must have accessed your management centre and at minimum, updated your business listing with your logo, photos, and description of your services to be eligible. Please contact us here if you would like to cancel your Gold business listing and require the refund. Any requests after the 30 days will not be eligible for a refund.
Service Provider Obligations
As a service provider, you acknowledge and agree that you are responsible for any and all listings you post. Therefore, you represent and warrant that any listing you post and the running of any pet services in a listing you post will not breach any agreements you have entered into with any third parties and will be in compliance with all applicable laws, including, but not limited to, laws governing the treatment of animals and any federal, state or local council permit or licensing requirements. Each service provider must obtain all necessary permits and licenses applicable to your listing and it is solely your responsibility to do so at your own cost. PetStayAdvisor does not and cannot advise you on the relevant laws for your area and takes no responsibility for the failure of a service provider to comply with any rules or regulations.
PetStayAdvisor does not endorse any service providers, services or members. In addition, although these terms require members to provide accurate information, we do not attempt to confirm, and do not confirm, any member's purported identity. You are responsible for determining the identity and suitability of others who contact you via the site. PetStayAdvisor will not be responsible for any damage or harm resulting from your interactions with other members or their pets.
By using PetStayAdvisor, you agree that any remedy or legal action that you seek to obtain for the conduct, actions or omissions of customers/members will be limited to a claim against the particular customer/member or other third parties who caused you injury or damage (or whose pet caused you harm) and you agree not to impose liability on, or seek any legal action from, PetStayAdvisor in relation to such actions or omissions.
If a customer books any of your pet services, the agreement is between you and the Member only. PetStayAdvisor only functions as a platform to bring together pet owner members and service providers and for the purpose of handling financial transactions between members and service providers. By using the site you are entirely responsible for your own acts and omissions.
PetStayAdvisor highly recommends that all service providers obtain the appropriate insurance for their listed pet services. PetStayAdvisor is not liable for any insurance or insurance claims in relation to service provider’s services. By agreeing to list as a service provider and by providing any pet services to a customer/member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of the service provider to make decisions that are in the best interests of themselves and others on their premises. You are assuming, on behalf of yourself and anyone in your care, all risk of personal injury, death or disability that might result or arise from the handling of customer’s pets.
PetStayAdvisor will not be liable for any loss, expenses, damages, and costs or legal fees resulting from your violation of the terms of service, including any third party claims arising out of your use of any of our site or services. While PetStayAdvisor makes every attempt to maintain the accuracy and integrity of the information on the site, we make no guarantees as to its correctness. The site may contain typographical errors, inaccuracies, or other errors or omissions. In addition, unapproved additions, deletions, or alterations could be made to the site by third parties without our knowledge or permission. You should contact us immediately if you believe there is an error.
Each service provider is responsible for determining any applicable tax obligations related to his or her listings. PetStayAdvisor is not responsible for any taxes you may be accountable for as a service provider.
"Your Information" is any information, materials, photos and other content you provide to PetStayAdvisor or other users in connection with your membership and listings and for and use of the services. You are entirely responsible for your information, and we act merely as a platform for your online distribution and publication of that information. You hereby grant PetStayAdvisor a non-exclusive, international, unending, irreversible, royalty-free, sub-licensable right to use all copyright, publicity rights, and any other rights you have in your information, in any media or format.
By using the site you represent and warrant to PetStayAdvisor that your information will not be false, inaccurate, incomplete, misleading, fraudulent or infringing on any copyright, trademark, or other proprietary right. It will not violate any law or regulation and will not be defamatory, threatening, harassing or obscene. It will not contain any viruses or computer programming intended to damage, interfere with, intercept or extract data or personal information. (“Prohibited Content”). PetStayAdvisor may, at its sole discretion, remove such Prohibited Content.
Pet Emergencies and Abandonment
Customers/members should ensure that the service provider is adequately provided with contact information to reach the customer or their representative, in the event that an emergency or medical situation arises involving a customer’s/member’s pet. Customers and service providers acknowledge and agree that, if any situation occurs where a customer’s pet is required to receive emergency veterinary care while in the care or custody of a service provider, the service provider shall make efforts to contact the pet’s owner and notify him or her of the situation. If a customer or their representative cannot be reached following reasonable efforts, the customer permits the service provider to authorize care on his/her behalf in order to promptly treat that customer’s pet. As a Customer/member, you acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of you as the owner of the pet and that you agree to reimburse the costs incurred by the service provider in connection with such treatment.
It is the responsibility of all customers/members to disclose any issues associated with their pets to all service providers before any service begins. Customers/members agree that if a situation arises where a customer's pet introduces disease, illness, ticks, fleas or other spreadable or infectious hazards into a service provider’s property, the service provider will require to be reimbursed costs incurred for disinfecting the place or any loss incurred by the service provider on account of such infectious hazards.
PetStayAdvisor will not be held responsible for any customer/member who fails to retrieve their pet after the end date of their reservation. The service provider may (but is not obligated to), in its sole discretion, place your pet in emergency care and notify the authorities and in such a situation, you the customer will be subject to any applicable animal abandonment, additional boarding fees or cruelty laws.
Member agrees that use of the site is subject to all applicable laws and regulations, and that a Member is solely responsible for the contents of its communications through the Service. Member agrees to use PetStayAdvisor for lawful purposes only. You agree: (a). to comply with all the laws regarding the use of the services provided by this site; (b) not to use PetStayAdvisor for illegal purposes; (c) not to interfere or disrupt networks connected to PetStayAdvisor; and (d) to comply with all regulations, policies and procedures of networks connected to PetStayAdvisor.
Member agrees that it shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, videos, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or provide links to adult contents elsewhere, or otherwise violates PetStayAdvisor's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (f) impersonates any person or entity, including any of our employees or representatives.
If you are found to be involved in any of the afore-mentioned acts of using the service unlawfully, you will be advised to remove the materials immediately. Failure to immediately remove the content will result in a cancellation of your account and forfeiture of any fees provided to PetStayAdvisor.
Additionally, in subscribing to PetStayAdvisor, all PetStayAdvisor Members certify that they and/or the organization they represent in providing/procuring services from PetStayAdvisor are not, nor have been designated, a suspected terrorist; are not owned or controlled by a 'suspected terrorist'; and are not on, are not a member of, related to, associated with, or controlled by any of the banned organizations.
Except as otherwise required by applicable laws, PetStayAdvisor will keep the information regarding the personal information including the credit card details confidential and restrict dissemination to each of its own personnel and to third parties to only a "need to know" basis, using the standard of care which we use to protect our own information from disclosure during the Term of this Agreement and for Ten (10) years thereafter. In addition to the foregoing, Members agree to keep all information provided hereunder in accordance with this Agreement confidential and any unauthorized disclosure shall be considered a material breach of this Agreement.
Account Termination or Cancellation
We reserve the right to deactivate or cancel any user’s PetStayAdvisor account at any time without prior notice. We may do so at our own discretion without stating a cause and without liability. In such an event, PetStayAdvisor’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and provisions will remain in place.
You can request to temporarily or permanently close your PetStayAdvisor account at any time via our contact us form located on our Contact Us page. If you decide to close your account you will remain personally liable for any pending transactions or charges that you incur prior to your cancellation and you will no longer have access or receive a downloadable copy of your personal content posted to the site.
Intellectual Property Rights
All content on the site, including but not limited to information, documents, products, logos, graphics, sounds, images, and other materials are protected by international copyright and trademark laws. All content is subject to copyright and may not be reproduced in any form without express written consent of PetStayAdvisor, its affiliates or respective third party authors, developers or vendors. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, or materials available on the PetStayAdvisor website or any other PetStayAdvisor materials, in whole or in part except as expressly provided in these Conditions or with written permission from PetStayAdvisor.
PetStayAdvisor service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall PetStayAdvisor be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, hacking of website, etc. Even if PetStayAdvisor has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
PetStayAdvisor further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, links or other items contained within these materials will be accurate and complete. PetStayAdvisor may make changes to these materials at any time without notice. PetStayAdvisor makes no commitment to update the Materials. No oral advice or written information given by PetStayAdvisor, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.
Provider/Customer will defend, indemnify and hold harmless PetStayAdvisor and its directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by Member arising out of or in connection with this Agreement; (b) intentional or negligent violations by a Member of any applicable laws or governmental regulation, (c) contractual relations between the Members; or (d) infringement of intellectual property rights including, but not limited to, rights relating to IP and copyright.
Member acknowledges that PetStayAdvisor has no control over the content of information uploaded/transmitted by Members and that PetStayAdvisor does not examine the use to which Members put the Service or the nature of the information Members send or receive. Member hereby indemnifies and holds harmless PetStayAdvisor, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by Members.
Limitation of Liability
As a condition of use of the service, and in consideration of the services provided by PetStayAdvisor, member agrees that neither PetStayAdvisor, nor any officer, director, shareholder, agent, contractor or employee of PetStayAdvisor will be liable to a member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the service, site or content.
PetStayAdvisor shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages, resulting from the use or the inability to use PetStayAdvisor services or for cost of procurement of substitute goods and services or resulting from any products or services purchased or obtained or transactions entered into through the site or resulting from hacking of the website, unauthorized access to and use of, deletion or alteration of member's transmissions or data or failure of the site to store member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if PetStayAdvisor has been advised of the possibility of such damages. You hereby release PetStayAdvisor from any and all obligations, liabilities and claims.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances; consequently, some of the above limitations may not apply to Customers/Businesses, in whole or in part.
PetStayAdvisor reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to Members, and is not obligated to support or update the Service. The amended Terms of Service of this agreement shall be effective immediately after they are initially posted on the Site. Member's continued use of the Service after the posting of the amended Terms on the Site constitutes Member's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Member acknowledges and agrees that PetStayAdvisor shall not be liable to a Member or any third party in the event that PetStayAdvisor exercises its right to modify or discontinue all or part of the Service.
Controlling Law and Jurisdiction
These Terms are to be interpreted in accordance with the laws of the Commonwealth of Australia.
This Agreement sets forth the entire agreement between you and PetStayAdvisor in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. PetStayAdvisor’s failure to act with respect to a breach by Customers/Businesses or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon all the parties and their respective successors and permitted assigns.
For any questions or feedback about these Terms or the site, please contact PetStayAdvisor via our contact us form located on our Contact Us page
This document was last updated on 29th June, 2016
Copyright © 2015 PetStayAdvisor Australia Pty Ltd. All rights reserved.