Terms of Service
Last updated: 16 March 2017
These Terms of Service set out the terms and conditions under which individuals may use this website and access the services offered by PetsApp. (“PetsApp“). These Terms of Service comprise a legal agreement between PetsApp and you, the person accessing and using this website (“You” or “User“). PetsApp owns, operates and maintains the PetsApp.co.za website at www.PetsApp.co.za (“Website“) and other subsidiary websites, including PetsApp.co.za, that are accessible from this Website. By accessing the Website, you are deemed to have read Terms of Service and you agree to be bound by the Terms of Service which shall govern your access and use of the Website and all applicable laws and regulations.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST EXIT THE WEBSITE.
- Description of Services
PetsApp offers online services to match individuals and families with various service providers, including, but not limiting pet sitting (collectively referred to as (“Services”). PetsApp’s Services on PetsApp.co.za allows individuals and/or entities providing care services (“Service Providers”) to post information profiles on the Website to facilitate matching with those Users who are seeking services (“Service Seekers”).
PetsApp’s Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs nearby. PetsApp’s Service also involves providing a platform to facilitate the initial communication between Service Seekers and Service Providers (“Messaging Platform“). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail. PetsApp reserves the right to re-post a User’s Service advertisement on external third-party websites for the purposes of ensuring exposure of the User’s request and/or provision of Services. Any such re-posting on an external third-party websites will not include Personal Information (as defined below) of the Users.
Once a match is made, PetsApp is not a party to the relationship between the Service Seeker and Service Provider. PetsApp is not a party to and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.
PetsApp does not review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Website. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of PetsApp’s Website. PetsApp however require Service Providers to do identity verification on ThisisMe.com
Please refer to the Website regularly for further information about the Services provided.
- Eligibility Criteria
To be eligible to use the Services offered by PetsApp, you represent and warrant as follows:
- that you are thirteen (13) years of age or older at the time of registering for an account on PetsApp.co.za. The Website is not intended to use by persons under the age of thirteen (13). Entrants under eighteen (18) years of age affirm that you fully able and competent to enter into the provisions set out under the Terms of Service and that you possess the permission of a parent or legal guardian who has read and agreed to these Terms of Service, and who is fully responsible for the conduct and activities of the minor, including any and all legal liability that he or she may incur.
- if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
- neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.
- that you understand, agreed and abide by the Pet Sitters Code of Practice.
- User Accounts and Passwords
To access and use certain features of the Website, you will need to create a profile through the Website (“User Account“). As part of the process to create, register and maintain your User Account you must provide PetsApp with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code, and phone number, and other data or information that has been requested by PetsApp during the client account registration or renewal process (“Registration Data“).
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website; and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify PetsApp of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account.
- User Account Fees, Term and Renewal
PetsApp charges an annual fee for its Services. The first fee payment is made when a User signs up for PetsApp’s Services. User agrees that the annual renewal fee shall be payable before expiration, unless the Services are thereby terminated by either Party.
You agree that any fees associated with the use of PetsApp’s Services are considered final payments and are non-refundable.
- Personal Information
- Registration on Thisisme.com
Service providers agree to do identity verification on ThisisMe.com. Should this not be done, the service provider will be removed from the platform. Verification can be done here.Verify Here
- Content and Use of Services
As a Service Seeker, Service Provider or any other User of the Services, you agree that the content of information and materials posted on the Website by You is accurate, current and complete. In addition, you represent and warrant as follows:
- You will use the Services provided by PetsApp solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
- You have the right and authority to post all information you post about yourself or others.
- You will not provide inaccurate, misleading, defamatory or false information to PetsApp or to any other User of the Website.
- You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
- Your use of the Website and Services provided by PetsApp are in accordance with any and all applicable laws and regulations.
- Use License
PetsApp hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Service and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services. These Terms of Service do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of PetsApp or any third party. PetsApp may terminate this license at any time for any reason whatsoever.
- Intellectual Property
This Website and all intellectual property rights in the Website are owned by PetsApp. PetsApp reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.
- . Trade-marks
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Website or used in connection with the Services are the trade-marks of PetsApp (or its suppliers, partner businesses or third party licensors). Any use or misuse of any trade-marks or brand elements of PetsApp or any other content appearing on the Website or in connection with the Services except as provided in these Terms of Service or with the express written consent of PetsApp is strictly prohibited. Nothing contained on this Website shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of PetsApp.
- Use Restrictions
In addition to complying with these Terms of Service, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.
PetsApp encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Website and in connection with the Services provided. Please contact PetsApp at by clicking Contact Us
- Termination of Registration
PetsApp reserves the right, in its sole discretion, to terminate your account or access to part or all of PetsApp’s Website and/or Services in the event that PetsApp determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Service, or have misused the Website or Services in any way.
- Limitation of Liability
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL PETSAPP BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY PETSAPP CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
PetsApp’s Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs.
Once a match is made between and Service Seeker an Service Provider, PetsApp is no longer a party to the relationship between the Service Seeker and Service Provider. PETSAPP IS NOT A PARTY TO AND SHALL NOT, IN ANY WAY, BE LIABLE TO A SERVICE SEEKER OR SERVICE PROVIDER OR ANY OTHER THIRD PARTY, ARISING, EITHER DIRECTLY OR INDIRECTLY FROM SUCH EMPLOYMENT OR INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE PARTIES.
IN NO EVENT WHATSOEVER SHALL ANY OF PETSAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES“) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY PETSAPP CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE PETSAPP PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
You agree to indemnify and hold PetsApp, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Website.
- . Governing Law
The Website is administered by PetsApp from a site that is located in South Africa. You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Website and the provision of the Services shall be deemed to have occurred in the Republic of South Africa. You agree that these Terms of Service shall be exclusively governed by, construed and interpreted in accordance with the laws of South Africa. In the event of a dispute under these Terms of Service, such dispute shall be resolved in the Courts of South Africa.
It is the express will of PetsApp that these Terms of Service and all related documents on the Website are in English.
These Terms of Service are not assignable, transferable, or to be sub-licensed by you except with PetsApp’s prior written consent. PetsApp may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
- Modifications of Terms of Service
The content and material appearing on the Website could include technical, typographical or photographic errors. PetsApp does not warrant that any of the materials provided are accurate or current.
- Links to External Websites
Your access and viewing of any third party websites or resources is conducted at your own risk.
- Websites and Services Provided “As Is”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Contact Us
If you have any questions about the Terms of Service, or need to provide notice to, or communicate with, PetsApp under the Term of Service, please contact PetsApp by clicking Contact Us , or by delivery in person, by courier or by the mail, to Company at:
PO Box 7279
Limpopo, South Africa