Terms And Conditions
These Terms and Conditions (hereinafter, referred to as "these Terms" or "the Terms") for the website www.petwinks.co.uk (hereinafter, referred to as the "Website") constitute a legal agreement between the user ("you" or "your") of the Website and Pet Winks Limited having a principal place of business at 4, Squires Walk, SO19 9GJ, Southampton, the United Kingdom (hereinafter, referred to as "Company", "we", "us", "our"). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in case that you agree to the Terms.
- The Website
- The Website is a venue for seekers of professional pet care services (hereinafter, referred to as "Seeker(s)" to find professional pet care providers (hereinafter, referred to as "Provider(s)" within the territory of the United Kingdom.
- The Providers include, but are not limited to, pet sitters and dog walkers.
- The Providers can register on the Website and describe the services offered by them (hereinafter, referred to as the "Services").
- The description of the Services may include private pictures of the accommodation provided by the Providers.
- All information published in the description of the Services, except phone numbers and emails, is public and could be accessed by any internet user without the need to register an account on the Website.
- In order to book the Services and use the full functionality of the Website, the Seekers need to register an account on the Website.
- After a Seeker books the Services, the respective Provider shall confirm the availability of the Services.
- After a Seeker books the Services, the Seeker will be redirected to a webpage of the payment service provider PayPal (https://www.paypal.com) and requested to pay the fee for the requested Services (hereinafter, referred to as the "Service Fee").
- Immediately after the Seeker pay the Service Fee, the booking will be recorded as pending.
- The Company will hold the Service Fee until the Seeker receives the Services.
- If the Provider does not confirm the availability of the Services, the Company will return the Service Fee to the Seeker.
- Once the Provider confirms the booking of the Services, the Company will deduct a commission fee (hereinafter, referred to as the "Commission Fee") from the Service Fee and transfer the Service Fee to the Provider.
- The Company does not collect through the Website any fees from the Seekers apart from the Service Fee.
- The Company collects three kinds of fees from the Providers, namely, (1) a Commission Fee amounting to 10% of the Service Fee, (2) a fixed monthly fee, and (3) a yearly fixed fee. Each Provider can choose to pay one of the fees mentioned in this Section 2.7.
- The Company will automatically renew the subscription period for which the Provider has paid a fixed monthly fee or a yearly fixed fee.
- The Providers will be able to pay fixed monthly fees or yearly fixed fees after two months (or longer, at our discretion) from the initial launch of the Website.
- The Seekers are not allowed to pay the Providers outside of the Website. The accounts of Seekers and Providers who make payments to each other outside of the Website may be permanently terminated.
- The Providers are solely responsible for paying taxes, social security contributions, and any other fees due.
- The users of the Website
- By using the Website, you agree that you are 18 years or older. If you are not 18 years or older, your use of the Website is hereby prohibited.
- The Company kindly requests you to protect the password of your account on the Website. If you believe that a third person has accessed your account without an authorization, please contact us at the address mentioned in Section 19 of the Terms.
- User-Generated Content
(i) constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- The Website offers the Providers the opportunity to describe their Services in writing as well as to publish photos and contact addresses (hereinafter, referred to "User-Generated Content").
- By posting User-Generated Content, you grant to the Company an unrestricted, royalty-free, perpetual, and irrevocable right to display such User-Generated Content on the Website.
- You agree not to post on the Website any User-Generated Content or other material that:
- You further agree that any User-Generated Content you post on the Website does not contain any confidential, proprietary or trade secret information. The Company shall have no obligation to store, keep copies of or return any User-Generated Content. The Company further reserves the right, in its sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
- You will be solely responsible and liable for, and will indemnify the Company and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
(ii) contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
(iii) is false, misleading, or constitutes an unfair or deceptive trade practice;
(iv) infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
(v) is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner; or
(vi) promotes the use of alcohol, tobacco, or any illegal substance;
- Company’s Content
- The Website contains materials that are owned by the Company (hereinafter, referred to as "Company's Content"). Such materials include, but are not limited to, text, photos, videos, and source code. Company’s Content is intellectual property of the Company. Company’s Content is protected by the intellectual property law of the United Kingdom and the applicable international intellectual property laws.
- A license to use the Website
- Subject to the provisions in the Terms, the Company grants you a personal, nonexclusive, nontransferable, non – sublicenseable, limited license to use the Website.
- License restrictions
- Unless explicitly allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to Company’s Content to third parties.
- All Company’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or other content providers.
- All User-Generated Content is owned by the respective authors of such content.
- Your warranty to the Company
- You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; and (iii) your use of the Website will comply with all applicable laws.
- We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
- We do not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or natural disasters.
- THE COMPANY IS LICENSING THE WEBSITE "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS OPERATION. THE COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION) CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold harmless the Company and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from your use of the Website.
- Entire agreement
- These Terms constitute the entire agreement between the Company and the user of the Website regarding the use of the Website. These Terms shall supersede any prior agreements between the Company and the user of the Website regarding the Website.
- In case that any provision of these Terms is held to be invalid or unenforceable, that provision should be enforced to the maximum extent permissible and the remaining provisions of these Terms shall have a full legal effect.
- Governing law
- The Terms shall be governed by the laws of the United Kingdom. You irrevocably consent to the exclusive jurisdiction and venue of the courts in the United Kingdom for all disputes arising out of or relating to these Terms.
- Company's failure to enforce any right derived from these Terms should not be regarded as a waiver of that right. The waiver of such a right should be regarded as effective only if it is made in writing and is signed by a duly authorized representative of the Company.
- The word "including" used in these Terms should be interpreted as "including but not limited to."
- Amendment of these Terms
- The Company reserves the right to modify or amend these Terms from time to time without notice. If you continue using the Website following the posting of changes to the Terms on the Website, you declare that you accept those changes.
- Contacting Us
Pet Winks Limited4, Squires Walk,SO19 9GJ, Southampton,The United Kingdom
- If you have any questions about these Terms, please contact us by email at email@example.com, or please write to the following mailing address:
- Last amendment
- These Terms have been last amended on 15th of January 2014.