HOST MY PET TERMS OF SERVICE

  1. GENERAL
  1. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Members and others who access or use the Service. By accessing or using the Service or the Site you agree to be bound by these Terms, whether or not you become a Member. If you disagree with any part of the Terms then you may not access the Service.
  2. We may collect and use your personal data subject to and in accordance with our Privacy Policy.
  1. THE SERVICE
  1. The Service consists of an online platform provided via the Site and mobile applications (iOS and Android applications), through which Service Members may create Listings for Sitter-Provided Services and book such services.
  2. For the avoidance of any doubt, the Service is a platform made available by Host My Pet, through which Members may meet online and arrange for the booking of Sitter-Provided Services. Host My Pet does not provide any Sitter-Provided Services or any other pet-related services itself, and it is only responsible for providing the Service in accordance with these Terms.
  3. The Service and the Site are intended solely for persons who are 18 years of age or older. Any access to or use of the Service or the Site by anyone under 18 years of age is expressly prohibited. By accessing or using the Service or the Site you represent and warrant that you are 18 years of age or older.
  4. Any and all transactions as regards any Sitter-Provided Services are always between the Pet Owner and the Sitter. Host My Pet is never a party to any such transaction. Members use the Service at their own risk, and Host My Pet assumes no responsibility or liability for any business, transactions and activities carried out via the Service. All claims regarding Sitter-Provided Services must be resolved exclusively between the Pet Owner and the Sitter.
  5. Host My Pet reserves the right to make changes to the Service at any time. Host My Pet shall always have the right but shall have no obligation to make such changes to the Service that (a) concern or relate to the production environment of the Service and do not have an adverse effect on the agreed contents of the Service or the agreed service levels, (b) are necessary to prevent any data security risk or any other threat to the Services, or (c) result from law or from an administrative order.
  6. The Service is provided on an 'as is' and 'as available' basis. Host My Pet makes no representations, warranties or promises as to the availability or functioning of the Service at any particular time. Under no circumstances does Host My Pet warrant that the Service would be free from errors or work or be available without interruption.
  1. ACCOUNT
  1. You may view Listings as an unregistered visitor to the Service. If you wish to book any Sitter-Provided Services or create a Listing, you must first register to create an account and become a Member.
  2. When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which failure may result in the immediate termination of your account in the Service and/or of the agreement between you and Host My Pet. You will not create multiple accounts or accounts for any other party than yourself. Your account is for your own use and you may not permit anyone else to use your account.
  3. As a Member, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
  4. You agree not to disclose your personal user ID or password or other information used for accessing or verification in the Service to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  5. Host My Pet reserves the right to suspend any account that it reasonably suspects is being used in contradiction with these Terms.
  1. SITTER'S GENERAL OBLIGATIONS
  1. As a Sitter, you may create Listings. To this end, you will be asked a variety of questions about the Sitter-Provided Services to be listed, including, but not limited to, your place and pets (if relevant), the type and availability of the Sitter-Provided Services, pricing and related rules and financial terms. Listings will be made publicly available via the Service. Pet Owners will be able to book your Sitter-Provided Services via the Service based upon the information provided in your Listing. You acknowledge and agree that, as a Sitter, you are responsible for any and all Listings you post.
  2. You understand and agree that once a Pet Owner books your Sitter-Provided Services, the price or other terms for such Sitter-Provided Services may not be altered. Host My Pet reserves the right, at any time and without prior notice, to remove, edit or disable access to any Listing for any reason, including Listings that Host My Pet, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service or the business of Host My Pet.
  3. After receiving a booking from a Pet Owner, you as a Sitter must contact the Pet Owner without delay and notify the Pet Owner of your acceptance of the booking. By accepting the booking you agree to host a pet in question and fulfil your obligations under the Listing. However, to ensure swift service, if the booking is not confirmed within 48 hours (2 days), Host My Pet and/or the Pet Owner shall have the right to cancel the booking arrangement.
  4. As a Sitter, you are solely responsible for complying with applicable laws at all times, as well as responsible for any and all tax obligations applicable to yourself, including without limitation any taxes that may become payable as a result of providing Sitter-Provided Services.
  1. PET OWNER'S GENERAL OBLIGATIONS
  1. As a Pet Owner, you may book Sitter-Provided Services through the Service. You understand and acknowledge that by making a booking, you are making a binding offer to the Sitter, and must pay any Fees related to the booking should the Sitter accept the booking.
  2. Pet Owners will have the opportunity to provide Reviews about Sitters they have used. Reviews should not include any personal data about a Sitter that is not disclosed in the Sitter's public Profile. For example, the Review should not include or reference a Sitter's phone number or postal address. Reviews should be limited to your personal first-hand experience and should be factually accurate. If appropriate, you should update your reviews to reflect new experiences. Host My Pet reserves the right to remove any Review that it considers to be in violation of these Terms.
  3. As a Pet Owner, you are responsible for making sure that all yearly vaccinations for any pets are fully completed and up to date.
  4. As a Pet Owner, you are responsible for any and all actions by your pet while using the services on the Site and you fully agree to pay for any damages caused by your pet during stays booked through Host My Pet.
  1. SERVICE AND SITE USE RESTRICTIONS
  1. In connection with your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
  • use the Service for any commercial purpose than for providing the Sitter-Provided Services;
  • use the Site to find a Sitter or Member and then complete the transaction offline in order to circumvent your obligation to pay fees for the Service;
  • use the Service to recruit, or solicit users for employment, or contact users to conduct business on behalf of a third party sitting service or network of sitters;
  • use the Service or Site for competitive purposes, such as to ascertain the features or technical infrastructure of the Service or the Site;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use the Service in connection with the distribution of unsolicited commercial email ('spam') or advertisements unrelated to services usually offered via the Service;
  • extract profile information or contact information from profiles, whether to list such information on third party sites or for any other purpose;
  • 'stalk' or harass any user of the Service;
  • collect or store any information about any other user other than for purposes of transacting as an Member, Sitter or Pet Owner;
  • behave or act in any way that creates a negative experience for a Member, to be determined at the sole discretion of Host My Pet;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • submit any Listing with a misleading or false price, or submit any Listing with a price that you do not intend to honour; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  1. The list set out above is merely a list of examples of prohibited conduct. To protect Users from such activity, Host My Pet reserves the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Service, terminating accounts or blocking Users with certain IP addresses from accessing the Service or the Site.
  1. INTELLECTUAL PROPERTY RIGHTS
  1. All rights, title and interest, including all intellectual property rights in and to the Service, and any changes thereto, shall belong exclusively to Host My Pet or its licensors.
  2. You have, during the term of the agreement between yourself and Host My Pet, a limited, non-exclusive right to use the Service in accordance with these Terms. You shall not have any other right to the Service or any changes thereto.
  3. You grant to Host My Pet, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use, transfer and modify any content you submit to the Service. You represent and warrant that you have the right to grant the license set out herein to Host My Pet and agree to indemnify and hold Host My Pet harmless against any third party claims that the content submitted by yourself infringes on any third party rights.
  1. PERSONAL DATA
  1. Host My Pet collects personal data in accordance with its Privacy Policy, available at the Site.
  2. By using the Service you represent and warrant that you have reviewed the Privacy Policy and consent to the collection and use of your personal data in accordance with the Privacy Policy.
  1. LINKS TO OTHER WEBSITES
  1. The Service may contain links or have references to third-party web sites or services that are not owned or controlled by Host My Pet.
  2. Host My Pet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Host My Pet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  1. FEES
  1. Host My Pet charges from the Sitter, per Sitter-Provided Service, a service fee of eight percent (8%) of the fees payable to the Sitter for the Sitter-Provided Service.
  2. All prices regarding the Service and submitted to the Service are quoted in (EUR) and are inclusive of VAT. The Sitter shall be solely responsible for any applicable taxes, such as VAT and other payments, related to the Sitter-Provided Services.
  1. TERMINATION
  1. Host My Pet may terminate the agreement between yourself and Host My Pet at any time by a fourteen (14) days' notice.
  2. Host My Pet reserves the right to terminate the agreement between yourself and Host My Pet, and/or suspend or terminate your account with immediate effect if you are in breach of these Terms.
  3. You may terminate the agreement between yourself and Host My Pet at any time by sending an email to [email protected] Upon such termination, your previous information and activity, as well as any content you may have created, will no longer be available.
  4. Upon termination, your right to use the Service will immediately cease. However, you are personally liable for any bookings, Listings or other pending transactions that you have placed or charges that you have incurred prior to such termination.
  1. LIMITATION OF LIABILITY
  1. The total aggregate liability of Host My Pet under these Terms shall be limited to the amount of five hundred (500) euros.
  2. Host My Pet shall not be liable for any indirect, incidental, or consequential damages, loss of profits, revenue or business, damages caused due to decrease in turnover or production or loss, alteration, destruction or corruption of data or by any damages caused by pets or to pets.
  3. The limitations of liability shall not apply to damages caused by wilful misconduct or gross negligence or to the Users' liability to pay any applicable fees.
  1. CHANGES
  1. Host My Pet reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Host My Pet will try to provide at least 30 days' notice prior to any new changes taking effect.
  2. By continuing to access or use the Service after a revision becomes effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
  1. OTHER TERMS
  1. The failure of a party to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  2. Host My Pet shall not be liable for any delays or non-performance of its obligations or any damages caused by an impediment beyond its reasonable control, which it could not have reasonably taken into account, and whose consequences it could not reasonably have avoided or overcome. For instance, errors in public communication networks or electricity supply shall constitute such an impediment. Strike, lockout, boycott and other industrial action shall constitute a force majeure event also when Host My Pet is the target or party to such action. A force majeure event suffered by a subcontractor of Host My Pet shall also discharge Host My Pet from liability.
  3. Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of the agreement between you and Host My Pet shall be deemed to so survive.
  1. GOVERNING LAW AND DISPUTES
  1. These Terms shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions, and shall be subject to the jurisdiction of Finnish courts.
  2. As a consumer, you also have the right to bring any dispute regarding your agreement with Host My Pet to the Finnish Consumer Disputes Board (www.kuluttajariita.fi), the decisions of which board are however only recommendations in nature. The Consumer Disputes Board may choose not to process the application, if you have not consulted a Consumer Advisor (www.kuluttajaneuvonta.fi) prior to making an application to the Consumer Disputes Board.
  1. DEFINITIONS
  1. 'Host My Pet' means Host My Pet Oy (Business ID 2778610-3) a company duly registered under the laws of Finland;
  2. 'Listing' means a listing concerning a Sitter-Provided Service submitted by a Sitter to the Service;
  3. 'Member' means a person who completes Host My Pet’s account registration process;
  4. 'Pet Owner' means a Member who books Sitter-Provided Services via the Service;
  5. 'Sitter' means a Member who creates a Listing in the Service;
  6. 'Service' means any and all services provided by Host My Pet via the Site;
  7. 'Site' means the entirety of the Host My Pet Site available at www.hostmypet.fi and www.hostmypets.com, related sites and mobile applications;
  8. 'Sitter-Provided Service' means a pet-related Service provided by Sitter including but not limited to pet home boarding, pet-sitting, pet walking, pet training, and pet day care;
  9. 'Terms' means these Host My Pet Terms of Service; and
  10. 'User' means any and all Members and users of the Site and/or the Service.