The mobile application "App" PawPal is operated by H.A.F.C GmbH, a company registered in Switzerland under number CHE-477.365.160 with its registered office at Mattenstrasee 8, 6330, Cham, Switzerland.
The following definitions, in addition to those set out herein, apply in these Terms and Conditions:
"Content" means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or PawPal, through their use of the Service, including as displayed in their Profile;
"App" means the Application, including all Services made available via the App;
"Profile" means the information held by PawPal about a User of the App, such information having been submitted by the User to whom the information relates to;
"Services" means the Basic Services and the Additional Services;
"User" means any person who registers their details for an account with the App, including Pals (dog sitters) and Paws (dog owners)
1. Acceptance of Terms
1.1 Your access to and use of the App is subject to these Terms and Conditions. By using the App, you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the App and remove the App from your device.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the App following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.
2. The Basic Services
2.1 The app provides for users who are dog owners ("Paws") and Users who would like to look after the dogs ("Pals") to search and find each other. This is enabled through various services, tools and facilities accessible on the App including:
creation of a Paw’s Profile, with information about their dogs and their likes and dislikes (the dog's, not the Owner's!)
creation of a Pal’s Profile, with information about themselves, their experience looking after dogs, their location, availability and other information; and access to a searchable database of these Profiles.
2.2 There may be variations in the features or interface design accessible through the App.
2.3 You must be at least 18 years old to register for an account on the App and use the Services. By registering for an account, you warrant that you are at least 18 years old.
2.4 If you are an Owner, your dog must be at least 8 weeks old. By registering for an account, Owners represent and warrant that their dog(s) is/are at least 8 weeks old.
2.5 Dogs that are banned to have within certain territories are not permitted to be registered on the App.
2.6 You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.
2.7 You must be the legal owner of a dog for which you create an Owner's Profile.
3. Additional Services for Premium Members
3.1 Additional services, tools and facilities are accessible on the App only to Users who have upgraded to the "Premium Membership", including:
Communication with, or about, other Users (as further described in clause 3.2);
3.2 As a Premium Member, we permit your access to and use of communication tools, such chat areas, news groups, forums, push notifications and/or other messages or communication facilities which enable Users to communicate with each other, provide feedback on other Users and, in particular, to arrange a preliminary meeting between a Paws and Pals.
See clause '7 Acceptable Use' for details of provisions which apply to your use of such communication services and Content restrictions.
3.3 You acknowledge that by using the Additional Service you are requesting immediate performance of this contract for Additional Services.
4. Privacy & Cookies
5. User Account, Password & Payment
5.1 When you sign up for an account on the App, either as a Paw or a Pal, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will PawPal be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person's account at any time.
5.2 In addition to signing up for a basic account on the App, you may choose to register to become a Premium Member.
6.1 If you are an Owner, you pledge that you will provide accurate and up-to-date information about you and your dog and that your dog is safe and in good health for walk and exercise by a Dog Walker.
6.2 If you are a dog walker, you pledge that you will provide accurate and up-to-date information about you and your experience with dogs and that, when entrusted with a dog, you will use your best efforts to care for the dog, keep the dog on its lead (unless you have written permission from the Owner to let the dog off the lead) and follow any instructions provided by the Owner regarding care of the dog. You also acknowledge that you will be responsible for the safety and well-being of the dog during such time.
6.3 The above pledges are made as between the Paw (Owner) and Pal (the dog walker) and are not guaranteed by PawPal. In no event shall PawPal be responsible or liable to you as a result of the failure of an Owner or Dog Walker (as applicable) to comply with the above pledges.
7. Acceptable Use
7.1 You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. PawPal will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the App and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.
7.2 In using the app, you agree not to:
send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the App in any manner that could damage, disable, overburden or impair the App or interfere with any other party's use and enjoyment of the App;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
attempt to gain unauthorized access to the App, other accounts, computer systems or networks connected to the App through hacking, password mining or any other means; or
7.3 We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the App and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.
8.1 You may terminate your account on the App at any time, for any reason, without explanation, by cancelling your membership for the Additional Services (see clause 9.5 below) and ceasing all use of the App, including uninstalling the App.
8.2 PawPal reserves the right to do either of the following without notice and in its sole discretion:
terminate these Terms and Conditions;
suspend or terminate your access to all or part of the App (including deletion of your account); and/or
remove your account information or data from the App, including Profiles, and any other records,
in the event you commit a material or persistent breach of these Terms and Conditions, the App is discontinued, we lose the right to provide you with the App or where the provision of the App or a particular Service becomes unlawful.
8.3 Following termination of these Terms and Conditions for any reason:
all rights, licenses and permissions granted to you under these Terms and Conditions shall cease;
you must immediately stop using the App (including uninstalling the App) and shall not register for another account unless expressly permitted by PawPal; and
PawPal reserves the right to notify other Users with whom you have communicated of such termination.
9. Cancellation, Consumers' legal right to cancel
9.1 If you are a consumer, you have a legal right to cancel your account under the Consumer Contracts (Information, Cancellation) Regulations.
10. Links to Third Party Websites
The App may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that PawPal is not responsible for the content or availability of any such sites.
11. International Use
11.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from Switzerland or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
11.2 Unfortunately, you may only use the Services if you are resident in a country in which we operate.
12. Intellectual Property Rights
12.1 We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the App you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The App, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the App for personal, non-commercial home use only.
12.2 PawPal does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the App. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the App. This license shall be terminated when such Content is deleted from the App by either party. With your permission, we may also use your Content in other types of media, including social media Apps, for promotional purposes.
12.3 The names PawPal and the PawPal logo are trademarks of PawPal.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless PawPal, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
your use of or inability to use the App;
any Content transmitted by you on the App;
your violation of any terms of these Terms and Conditions or your violation of any rights of a third party; or
your violation of any applicable laws, rules or regulations when using the App.
14. Disclaimers and Limitation of Liability
14.1 The App is provided on an "AS IS" and "AS AVAILABLE" basis. PawPal makes no warranty that material on the App (including the Content) will be accurate or reliable, that the functionality of the App will be uninterrupted or error free, that defects will be corrected or that the App or that the server that makes the App available is free of viruses or anything else which may be harmful or destructive.
14.2 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. You assume full responsibility for results obtained from the use of the App, and for conclusions drawn from such use.
14.3 We are not responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the limit specified in clause 15.8, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into these Terms and Conditions.
14.4 If you arrange to meet an Owner or a Dog Walker through the App, the obligations arising in relation to the meeting(s) are directly between you and the Owner or Dog Walker (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you and the Owner or the Dog Walker (as applicable) about the meeting(s). As such, and by way of example, in the event of your dog suffering injury, illness or death as a result of any act or omission of any Owner or Dog Walker (or any other person), you (as an Owner) having any complaint about the quality of the Dog Walker treatment of your dog, or you (as a Dog Walker) having any complaint about the quality of the Owner’s treatment of their own dog, or you having any other complaint at all about an Owner or Dog Walker you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.
14.5 We only allow use of the App for domestic and private use. You agree not to use the App for any commercial, business or re-sale purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PawPal for: (i) death or personal injury as a result of our negligence; or (ii) fraud or fraudulent misrepresentations by PawPal; or (iii) any other liability which cannot be excluded or limited by law.
14.7 Users have the ability and opportunity to give rating to an Owner or a Dog Walker, based on their experience and PawPal is not liable for feedbacks and ratings. Yet, PawPal has the right to remove a profile based on many negative feedbacks.
14.8 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
15.1 Severance. If any provision or part provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
15.2 No Assignment. We may transfer our rights and obligations under these Terms and Conditions to another organization, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing.
15.3 Waiver. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.4 Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland and you hereby submit to the exclusive jurisdiction of the Swiss Courts.