Individual Marketplace Terms of Service:


Welcome to Puddy! We operate an online pet care marketplace platform that allows you to connect with pet owners and/or pet carers to buy and sell pet care services using our website. Have a good time and remember our house rules!

If you do not agree with these Terms of Service, you may not use the Puddy platform.

Last Updated: 22/12/21
 

1. Introduction

1.1 Welcome to the Puddy pet care platform (the 'Site'). We'll refer to our website and other services as our "Services", and Puddy will be addressed individually or collectively as "Puddy", "we", "us", or "our". Do read through the following Terms of Service (“Terms”) carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services. By using the Site, including any subdomains thereof, you agree to comply with these legally binding Terms of Service. These Terms govern all use of Puddy platforms, whether you access it from the Site, any mobile applications, mobile websites, social media (Facebook, Twitter, Instagram, Tiktok etc.), or through any means of communications with us such as phone support, email, text messages, or any other access point we provide.

1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'.

1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.

1.4 Our services include an online platform service that provides a place and opportunity for the sale of services between the owner ("Owner") and the carer ("Carer"), collectively known as "Users" or "Parties". The actual contract for a sale is directly between the Owner and the Carer. We are not a party to that contract or any other contract between Owner and Carer. Parties to the transaction will be entirely responsible for the sales contract between them in accordance with the listing of services, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. You understand that Puddy does not provide pet care services, we are not a broker, agent, or insurer, we are not involved or a party to any agreements, disagreements, mishaps, or transactions between Owners and Carers (“Users”). However, if you have problems with your booking, we may step in to help (refer to section 10). We do not pre-screen Owners and any of Your Content. We cannot ensure that Users will actually complete a transaction.

1.5 We reserve the right to change, modify, suspend, or discontinue all or any part of this Site or Services at any time, regardless of whether this is intentional or due to the unreliability of the internet. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as to how the final version may work and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability. As a User, you are accepting to receive updates, notifications, messages, and emails from Puddy.  

1.6 Puddy has no control over the information provided on Carer’s profiles or service listings, and cannot guarantee the accuracy, safety, suitability, or legality of any information given or published on the Site. Users are solely responsible for making decisions regarding themselves or their pets, this includes pet health checks and vaccinations. Puddy disclaims any liability related to Users and their pet’s information, any and all bookings made are at the User’s own risk. Puddy does not endorse any User of the Site or anything that is said or published by Users on or off of the Site. This includes, but is not limited to; User conduct, listings, descriptions, and reviews. We conduct our own basic identity check and any references to a User being “vetted”, or “verified” only refers to that User having passed and completed our sign-up process. Puddy has no obligation to run background checks on its Users and we do not guarantee any Users identity or background or whether they are trustworthy or safe. We reserve the right to use the information you have provided when signing up to the Site, any public records and social media accounts, to run background checks, such as a DBS, should we decide to.

1.7 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

1.8 Puddy is not an employment service and we do not provide employment for any of our Users. It is the User’s sole responsibility to disclose any income made through bookings made on the Site, this includes but is not limited to income tax liabilities, and national insurance. Puddy is not responsible for any taxes related to your use of the Site. If Puddy is found to be liable for any tax in connection with your use of the Site, you agree to immediately reimburse and indemnify Puddy for all costs, expenses and liabilities, including penalties and interest incurred.
 

2. Privacy

2.1 We know your personal information is important to you, so it's important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.

2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that; they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
 

3. Your Account

3.1 You'll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:

3.1.1 You must be 18 or older, have no criminal history, and be eligible to work in the UK to use our Service.

3.1.2 Be honest with us and provide legally accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account. If We find any of your provided information to be false, We reserve the right to terminate your profile with no warning. We also reserve the right to, with no explanation, reject any accounts from both Carers and Owners that we deem to be unsuitable for the Site.

3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure.
 

4. Limited License

4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Puddy and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
 

5. Your Content

5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.

5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.

5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store, and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership of Your Content, but we have your permission to use it to help us function and grow.

5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.

5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
 

6. Your Use of Our Services

6.1 We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.

6.2 You are responsible for paying all fees that you owe to us. You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.

6.3 You agree not to attempt to obtain the source code of the services. You agree to not interfere with or disrupt/harm our services.

6.4 As a Carer, it is your responsibility to let Puddy know of any pet care service taking place and make sure Owners are booking through the Site. You agree that the first and all future bookings with an Owner, introduced through Puddy, will be booked via Puddy. Failure to abide by this will lead to a ban from the Site, and an introduction fee of £350 per booking, payable to Puddy. This fee applies for five years, from the initial introduction.

6.5 Puddy charges a 20% admin fee to the Carer to cover costs including but limited to, the Site maintenance and marketing on behalf of the Carer. All User payments are online payments and must be made via the Site.

6.6 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.

6.7 If you believe a User on our Site is violating these terms, please contact us.
 

7. Purchase and Payment

7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels may vary depending on the jurisdiction you are in.

7.2 All sales on the platform are binding. The carer is obligated to complete the transaction with the owner in a prompt manner unless an exceptional circumstance arises.
 

8. Carer Commission

8.1 The carer of any service will pay us a commission on the total transaction amount received by the carer (including taxes, if any and shipping costs for any of the transactions made on our Site.

8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.

8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your owner's location. All payment processing fees will not be included in the carer commission that we charge.
 

9. Carer's and Owner’s Responsibilities

9.1 Carers will properly manage and ensure that relevant information such as the price and the details of services or listings and will not post inaccurate or misleading information.

9.2 The pricing of services for sale are determined by the Carer at his/her own discretion. The price of a service will include any additional charges such as sales tax, value-added tax, tariffs etc. Carers will not charge the Owner such amounts additionally and separately.

9.3 Carers are obligated to deliver services as described in a prompt manner unless there is an exceptional circumstance. If there are any exceptional circumstances the carer is obliged to contact the Owner to inform them of any delays or inability to complete the transaction as early as possible to avoid inconvenience for the Owner and the Site.

9.4 Carers will issue additional receipts, credit card slips or tax invoice’s to the Owner on request.

9.5 It is the Owner’s responsibility to supply all of the relevant contact information needed prior to a booking, this includes their pets vet information and an emergency contact. It is the Carer’s responsibility to make reasonable efforts to contact the Owner, as well as Puddy, if any problem, accident, or medical situation arises involving the pet(s) in their care.

9.6 As an Owner, you agree to allow your Carer to authorise and receive veterinary care for your pet should your Carer not be able to contact you or your emergency contact in an emergency situation. If your Carer is able to reach you, but you refuse medical care for your pet, you release the Carer and Puddy for any death, injury, damage or liability resulting from your decision. The Owner agrees to pay for all costs and expenses of any medical treatments for their pet(s). If Puddy has had to pay for any medical treatment on behalf of the Owner or the Carer, then the Owner agrees to reimburse Puddy for all costs and expenses incurred.

9.7 As a User, you agree that Puddy has no responsibility to cover or reimburse you for any property damages caused by the Carer, your pet(s), or any pet(s) under your care.

9.8 As a Carer, you agree and are obligated to:

i. Keep all animals in suitable accommodation

ii. Keep pet care records

iii. Supply the right type and amount of food, drink, and bedding

iv. Supply the right amount of exercise and affection

v. Follow all instructions given by the pet(s) Owner (unless this means breaking the law)

vi. Do your best to prevent injury and disease

vii. Commit to and complete all bookings made

viii. Obtain all permits, licenses, and permissions necessary to provide pet care services

Puddy assumes no responsibility for a Carer’s failure to obtain any permissions required to provide pet care services. As a Carer, you agree that Puddy nor the Owner of the pet(s) have any responsibility to reimburse or cover you for any fines that may result from failure to obtain these permissions.
 

10. Disputes with Other Users

10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.

10.3 Whether you are an Owner or a Carer, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.

10.4 Disputes as an Owner

10.4.1 You may raise two types of disputes, one where the 'service has not been delivered' and the carer is not responding to any of your attempts to communicate. The second type of dispute is where the ‘service is significantly not as described'.

10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.

10.4.3 If you have received a refund/exchange from the carer, you may not report that transaction.

10.4.4 If the ‘service has not been delivered' we will ask the carer to provide proof of completed care e.g., timestamped videos/photos, travel receipts, or messages between the Owner and the Carer. If the carer fails to do so, we will resolve the dispute in your favour.

10.4.5 If the 'service is significantly not as described', and both parties cannot agree as to the difference between the service that was sold and what was described, we will make a fair decision based on all the information we hold about the service. We will exercise our decision-making authority based on numerous factors, which include the description of the service at the point of purchase, communications between you and the carer as well as any documentation provided. All decisions made by us are final.

10.5 Disputes as a Carer

10.5.1 As a carer, we encourage you to communicate actively with your owner especially if there are any exceptional circumstances. We encourage you to be prompt in responding to all Owners in order to avoid any unnecessary disputes.

10.5.2 For 'services that have not been delivered' we will contact you to request proof of pet care that has taken place. The evidence must clearly show that you have completed the service to the owner’s requested specifications as reflected in your conversations. Proof of pet care can be shown through photos/videos with timestamps, travel receipts, or updates to the owner. If proof of pet care cannot be provided then we may resolve the dispute in favour of the owner.

10.5.3 For 'services not as described' disputes, we will be reviewing the service description and images that were provided at the time of booking. If both parties cannot agree as to the difference between the service that was sold and what was described, we will make a fair decision based on all the information we hold about the service. We will exercise our decision-making authority based on numerous factors, which include the description of the service at the point of booking, communications between you and the owner as well as any documentation provided. All decisions made by us are final.

10.5.4 If the owner attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
 

11. Disputes with Us

11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

11.1.1 Governing Law. Puddy's local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.

11.1.2 You agree that any legal issues or disputes arising out of or in connection with these Terms, including but not limited to, any disputes or claims between you and a third party, your use of the Site or the actions of Puddy or its agents shall be resolved exclusively through an agreed-upon Online Dispute Resolution (ODR) procedure rather than in court. You agree to waive your right to appeal, sue, file a lawsuit or participate in a class-action lawsuit against Puddy or its agents. You agree to first attempt to negotiate and resolve any dispute informally between you and Puddy (collectively, ’the parties’) before seeking further action. If the matter is not resolved by informal negotiation within 60 days of a written ‘invitation to negotiate’, the parties agree to resolve the dispute through an agreed ODR procedure, such as arbitration. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
 

12. Changes to the Terms

12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours, and the way people use the Internet and our Service.

12.2 We may revise the Terms of Service, but the most current version will always be at this link.

12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.

12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version. As soon as these Terms are changed or updated, they will come into effect immediately, and by continuing to use the Site, you automatically consent to any changes and are bound by all updated Terms.
 

13. Prohibited Services and Laws

13.1 Puddy is not a curated marketplace. However, for a variety of reasons we prohibit certain types of services from our marketplace. Some of these services present legal risks to our community. It is the Carer's responsibility to ensure that their proposed service complies with all laws and is allowed to be listed for sale in accordance with local laws' of the marketplace's incorporation. As a User of the Site, it is your responsibility to comply with all relevant laws and regulations, including, but not limited to, tax, constitutional, and federal laws. If requested, you agree to disclose information regarding any criminal history.

13.2 It is the User’s responsibility to make sure that they themselves and the members of their household have never been convicted of any offence involving theft, violence, abuse or the harm/endangerment of others. You must be aware of the pet care requirements of your area and obtain any permissions or licenses that are necessary to legally provide your services. Puddy is not responsible to check if Laws and Regulations are being followed by Users.

13.3 For Carer's convenience we have provided a non-exhaustive guideline on prohibited and restricted services that are not allowed for sale. We will update this guideline from time to time where necessary. If a service is found to be in violation of this policy, we may subject the Carer to a range of adverse actions, including listing deletion, account suspension, account termination and legal action.
 

The following types of services are prohibited:

i. Using the Site for any commercial purposes

ii. Using the Site to harm or upset other Users or staff

iii. Acting aggressively or unkind to other Users or staff

iv. Acting in a way that negatively reflects on or impacts Puddy

v. Impersonating another person or entity

vi. Behaving unprofessionally towards Users or staff

vii. Using the Site to recruit or solicit Users for employment and then completing the booking and transaction offline/privately, without paying the Puddy commission fee

viii. Using the Site to contact pr recruit Users on behalf of a third party to conduct business

ix. Using inappropriate language on the Site

x. Services or listings that promote, support or seek to engage users in illegal activity

xi. Services or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation

xii. Services that infringe copyright laws

xiii. Counterfeit services

xiv. Ignoring messages from Puddy staff

xv. Repeatedly ignoring replies from Owners

xvi. Illegal services not limited to prostitution

xvii. Using the Site for competitive purposes

xviii. Failing to disclose all residential pets and/or property information to Owners prior to a booking.

xix. Receiving multiple bad reviews (negative reviews will be looked into and validated)

xx. Using incorrect information on your profile

xxi. Failing to follow any security measures implemented by us

xxii. Creating a new User profile after being suspended, banned, or rejected from the Site

xxiii. Creating more than one account

xxiv. Creating an account on behalf of someone else

xxv. Removing personal information needed to create your profile when registering

xxvi. Updating the personal information entered when registering with incorrect information.

xxvii. Hacking into the Site

xxviii. Using any coding, hacking, or another tool to monitor, access, copy, acquire or edit the Site and its information in any way that hasn’t been previously approved by Us

xxix. Accepting pet care bookings that you do not intend to honour

xxx. Encouraging or assisting any other User or third party to act in a way that breaches our Terms of Service

Puddy reserves the right to terminate any User that violates these Terms.

And any other services illegal or restricted in the jurisdiction of the Owner and/or the Carer or which otherwise encourage illegal or restricted activities.

If you see a listing that violates our policies, please contact us.
 

14. Limitations of Liability and Release.

By becoming a Carer, and providing pet boarding services to Owners, you are assuming the risk of any property damages or personal injury which you or anyone else in your residence may suffer.

If you have agreed to provide a pet care service and wish to host/board the pet(s) at your home or another location then you also agree to the following:

i. That you and everyone in the household including children hosting the pet(s) are agreeing to board the pet(s) belonging to someone else. 

ii. That you are assuming all risk of damage, loss or harm to you, your property, the hosting location or any injury, death, or disability to you and/or anyone in the hosting household that might come from boarding or handling the pet(s). 

iii. That you understand that there are risks that come with boarding or handling pet(s) who are not accustomed to you, your property/hosting property, or your friends/family/residents/guests.

iv. That you agree on behalf of yourself and all residents of the hosting property and their personal representatives, heirs, successors to hold Puddy and any of its owners, employees, directors, and members (the “Releases”) harmless from any and all claims or causes of actions that may arise from boarding or handling the pet(s). This stands valid even if the damage, loss, injury, or death is a result of any act, failure to act or omission from any of the Releases.

v. That by proceeding with making a booking/transaction, you voluntarily give up your right to sue Puddy or the Releases. 

In no event will Puddy be liable to you for any direct, indirect, incidental, special or consequential damages whether online or offline. This includes, without limitations, any claims, personal injury, emotional distress, loss of money, data or any other damages or losses that arise from your use of the Site, your interactions with any other Users or your inability to use the Site, for example, if you cannot access the Site for any reason or if your profile has been suspended or terminated. As a User, you solely assume the risk of any and all damages or losses. If it is determined by law that Puddy is somehow liable for damages, that liability will not exceed one hundred British pounds (£100.00). 
 

15. Cancellation and Refunds

15.1 All bookings made on Puddy are considered to be final and binding. Thus, We do not accept any booking cancellations once the booking has been paid. Puddy shall not be liable for any consequential losses from cancelled bookings or losses incurred from cancelled bookings such as travel costs, accommodation. Please contact the Carer directly if you need to have your booking cancelled. It is up to the carer's discretion whether they will accept a cancellation and provide a full refund excluding any transaction fees that have already been incurred. In addition, do note that the admin fee collected by Puddy is a fixed commission for facilitating a sale and thus will not be refunded. However, in rare cases where there is a problem with the Carer, pet care listing description, or the service is undelivered, please refer to our dispute policy in Section 10. If it is found that the cancellation is found to be the Owner’s failure to provide important information needed for the booking to take place, or information about their pet(s) aggressive behaviour, the Owner will be at fault and may result in a suspension from the Site.

15.2 In order to avoid any problems leading to cancellations, we recommend that Owners and Carers arrange a Meet and Greet prior to booking. This allows all parties to get acquainted, and to make sure that the Carer and pet(s) are comfortable with one another.
 

16. Contact, feedback, and complaints

You agree to defend, indemnify, and hold harmless Puddy including its affiliates, subsidiaries, directors, partners, employees, agents and Third-Party Providers (collectively, the “Indemnified Parties”) from and against any loss, damage, claims, liabilities, costs and expenses, including attorneys’ fees and expenses incurred by Indemnified Parties in connection with a claim made by a third party related to you, your connection to Puddy, your use of the Site or User-provided services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You agree to cooperate, and you will not, in any event, settle any claim or matter without having the written consent of the relevant Indemnified Parties. Puddy, including the Indemnified Parties, will have no indemnification obligation or liability for any claim of infringement arising from: (1) use of the Site, Services, or Content associated with the Site or Puddy; (2) breach of these Terms of Service; (3) third party products, services, content, or materials; (4) violation of the rights of a third party; (5) any obvious harmful act towards another User of the Site that you met through the Site; (6) any Bookings associated with Puddy.
 

17. Electronic Communications

As a Site User, you waive any defence or right to reject these Terms based on its electronic form. You consent to receive electronic communications, this includes but is not limited to, completing online forms, making online payments and transactions, sending, and receiving messages and emails. You further agree that any and all Terms of Service, agreements, announcements, and any other electronic communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing and are legally binding even without your signature.
 

18. Severability and Miscellaneous

The many provisions contained within the Terms of Service and Privacy Policy are independent of one another and if any provision is found to be unlawful, invalid or void, it shall be treated independently and not affect the validity of the rest of the terms and provisions which shall remain in full force. Such term(s) will be held to the minimum extent required by law and will be amended to reflect its proper intentions. No failure or delay, on our behalf, to react to a breach of Terms shall operate as a waiver. You agree to not use these Terms against us in any way.

Except with prior written consent from Puddy, you shall not delegate any performance or assign your rights or obligations under these Terms in part or in whole. Any purported assignment or delegation without such consent shall be void and will constitute a breach of these Terms. Puddy reserves the right to use third-party providers when providing the Site and/or content related to it.

These Terms contain the entire agreement between you and Puddy regarding the use of the Site and Services. These Terms supersede any previous agreements that may have been made between you and us on this subject and you agree to not rely on any statement or representation made that is not included in these Terms. 
 

18. Contact, feedback, and complaints

If you need to contact us please click on contact us for our contact details. We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

 

If you do not agree with these Terms, you may not use the Site.

All rights not expressly granted herein are reserved by Puddy.

If you need any further information or have any questions or concerns relating to the Site, please contact us through info@puddypetcare.com