Terms of Service
Effective Date: December 2024
Last Updated: December 2024
IMPORTANT LEGAL NOTICE: These Terms of Service constitute a legally binding agreement between you and PetVisit Pty Ltd. By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth herein. If you do not agree to these terms, you must immediately discontinue use of our services.
1. Definitions and Interpretation
In these Terms of Service, unless the context otherwise requires:
- "Platform" means the PetVisit website, mobile applications, and all related services
- "Company," "we," "us," "our" refers to PetVisit Pty Ltd (ABN: 12 345 678 901)
- "User," "you," "your" refers to any person accessing or using the Platform
- "Pet Owner" means a User who seeks pet care services through the Platform
- "Professional" means a User who provides pet care services through the Platform
- "Services" means all services provided by or through the Platform
- "Content" means all text, images, videos, data, and other materials on the Platform
- "Transaction" means any booking, payment, or service arrangement made through the Platform
- "Force Majeure Event" means any event beyond our reasonable control including natural disasters, pandemics, government actions, or technical failures
2. About PetVisit and Platform Operation
PetVisit operates as an intermediary platform connecting pet owners with qualified pet care professionals. We are not a pet care provider, veterinary practice, or employment agency.
IMPORTANT DISCLAIMER: PetVisit does not provide veterinary advice, pet care services, or emergency response services. We are solely a technology platform facilitating connections between independent users.
2.1 Platform Fee Structure
- PetVisit charges a non-refundable platform fee of 12.5% on all completed transactions
- Platform fees are automatically calculated and collected at the time of booking
- Additional fees may apply for premium features, expedited processing, or specialized services
- All fees are exclusive of applicable taxes, duties, and government charges
- Fee structures may be modified with 30 days' written notice to Users
2.2 Platform Availability
- We strive for 99% uptime but make no guarantees regarding platform availability
- Scheduled maintenance may result in temporary service interruptions
- We reserve the right to suspend services for security, maintenance, or legal compliance purposes
- No refunds or compensation will be provided for service interruptions
3. User Accounts and Registration Requirements
3.1 Eligibility Requirements
- Users must be at least 18 years of age and have legal capacity to enter contracts
- Users must provide accurate, complete, and current information during registration
- Corporate accounts must be authorized by an individual with legal authority to bind the entity
- Users from certain jurisdictions may be restricted based on legal or regulatory requirements
- We reserve the right to verify identity and reject applications at our sole discretion
3.2 Account Security and Responsibilities
- Users are solely responsible for maintaining account confidentiality and security
- Users must immediately notify us of any unauthorized access or security breaches
- Users are liable for all activities conducted under their account
- Sharing account credentials is strictly prohibited and may result in immediate termination
- We may require additional verification for suspicious or high-risk activities
3.3 Pet Owner Specific Requirements
- Must provide accurate information about pet health, behavior, and special requirements
- Must ensure pets have current vaccinations as required by local regulations
- Must disclose any aggressive behavior, health conditions, or special handling requirements
- Must provide valid payment methods and maintain adequate account balances
- Must be present or provide detailed care instructions for service delivery
- Must comply with local animal welfare and registration requirements
3.4 Professional Specific Requirements
- Must possess valid qualifications, certifications, and licenses as required by law
- Must maintain current professional indemnity and public liability insurance
- Must undergo verification process including background checks where legally permissible
- Must comply with all professional standards, codes of conduct, and regulatory requirements
- Must provide accurate service descriptions, availability, and pricing information
- Must maintain continuing education and professional development as required
- Must report any changes to qualifications, insurance, or legal standing immediately
4. Services, Bookings, and Transaction Terms
4.1 Booking Process and Confirmations
- All bookings are subject to Professional availability and acceptance
- Booking confirmations do not guarantee service delivery or outcomes
- We reserve the right to cancel bookings for policy violations or safety concerns
- Emergency or urgent care bookings may be subject to additional terms and conditions
- Modifications to confirmed bookings require mutual agreement between parties
4.2 Service Standards and Expectations
- Professionals must deliver services in accordance with accepted industry standards
- Service descriptions are provided by Professionals and not verified by PetVisit
- We make no warranties regarding service quality, outcomes, or professional competence
- Users acknowledge that pet care involves inherent risks and uncertainties
- Emergency situations may require immediate veterinary attention beyond platform services
4.3 Communication Requirements
- All material communications must occur through the Platform's messaging system
- Users may not exchange contact information to circumvent platform fees
- We may monitor communications for safety, compliance, and quality purposes
- Inappropriate, abusive, or threatening communications are prohibited
- Language barriers or miscommunications are the responsibility of the parties involved
5. Comprehensive Payment Terms and Financial Obligations
5.1 Payment Processing and Authorization
- All payments are processed through secure third-party payment processors (Square)
- A card processing fee of 0.8% is applied to all card transactions to cover payment processing costs
- The card processing fee is clearly disclosed at checkout before payment authorization
- Users authorize PetVisit to charge payment methods for all applicable fees including the card processing fee
- Payment authorization includes pre-authorization holds for pending bookings
- Currency conversion fees may apply for international transactions
- We reserve the right to verify payment methods and request additional documentation
5.2 Pricing and Fee Modifications
- Professionals set their own service rates within platform guidelines
- All displayed prices are estimates and subject to final confirmation
- Additional charges may apply for special requests, overtime, or emergency services
- Platform fees may be modified with 30 days' notice via email or platform announcement
- Price disputes must be raised within 48 hours of service completion
5.3 Comprehensive Refund and Cancellation Policy
- Pet Owner Cancellations:
- More than 24 hours: Full refund minus platform fees
- 12-24 hours: 50% refund minus platform fees
- Less than 12 hours: No refund unless exceptional circumstances
- Emergency cancellations may be eligible for partial refund at our discretion
- Professional Cancellations:
- Full refund to Pet Owner plus potential compensation
- Professional may be subject to penalties for repeated cancellations
- Emergency cancellations require immediate notification and documentation
- Platform-Initiated Cancellations:
- Full refund provided for safety, security, or policy violations
- No compensation for consequential losses or damages
- Refund Processing:
- Refunds processed within 5-10 business days to original payment method
- Platform fees are non-refundable except in cases of platform error
- Disputed refunds may be subject to investigation and additional documentation requirements
5.4 Late Payment and Collection Procedures
- Failed payments may result in immediate service suspension
- Outstanding balances accrue interest at 1.5% per month or maximum legal rate
- Collection costs and legal fees may be added to outstanding balances
- We may engage third-party collection agencies for unpaid amounts
- Credit reporting agencies may be notified of persistent payment defaults
6. Detailed User Responsibilities and Conduct Standards
6.1 General User Obligations
- Provide accurate, complete, and current information at all times
- Comply with all applicable laws, regulations, and professional standards
- Respect intellectual property rights of PetVisit and other Users
- Maintain appropriate and professional communication standards
- Report suspicious activities, safety concerns, or policy violations immediately
6.2 Enhanced Pet Owner Responsibilities
- Provide comprehensive and accurate pet health and behavioral information
- Ensure pets are properly vaccinated and meet health requirements
- Disclose any known aggressive tendencies, phobias, or special handling needs
- Provide safe and appropriate environments for service delivery
- Have emergency veterinary contact information readily available
- Ensure legal authority to make decisions regarding pet care
- Provide accurate emergency contact information for alternative decision-makers
- Maintain current pet registration and licensing as required by local authorities
6.3 Enhanced Professional Responsibilities
- Maintain all required professional qualifications, certifications, and licenses
- Carry adequate professional indemnity and public liability insurance
- Comply with professional codes of conduct and ethical standards
- Provide services within the scope of qualifications and legal authority
- Maintain accurate and complete service records
- Report animal welfare concerns to appropriate authorities
- Respect client confidentiality and privacy rights
- Participate in continuing education and professional development
- Maintain first aid and emergency response capabilities
- Comply with workplace health and safety requirements
7. Comprehensive Safety, Liability, and Risk Management
CRITICAL SAFETY NOTICE: Pet care services involve inherent risks including but not limited to animal bites, injuries, property damage, allergic reactions, and unforeseen medical emergencies. Users participate at their own risk and must assess their own risk tolerance.
7.1 Platform Liability Limitations
- PetVisit operates solely as an intermediary technology platform
- We do not provide, endorse, or guarantee pet care services
- Professional qualifications are self-reported and not independently verified
- We make no warranties regarding service quality, professional competence, or outcomes
- Users interact with other Users entirely at their own risk
- We are not responsible for acts, omissions, or negligence of Platform Users
- Maximum liability to any User shall not exceed platform fees paid in the preceding 12 months
7.2 Insurance and Indemnification Requirements
- Professionals must maintain comprehensive insurance coverage including:
- Professional indemnity insurance (minimum $2 million)
- Public liability insurance (minimum $5 million)
- Product liability insurance where applicable
- Employer liability insurance for business operators
- Pet Owners are encouraged to maintain:
- Pet insurance covering medical emergencies
- Home and contents insurance covering pet-related damage
- Personal liability insurance
- Users indemnify PetVisit against all claims, losses, and expenses arising from their use of the Platform
7.3 Emergency Procedures and Incident Response
- Users must immediately contact emergency services for life-threatening situations
- Platform support is not available for emergency response or medical advice
- All accidents, injuries, or significant incidents must be reported within 24 hours
- Users must cooperate with incident investigations and provide required documentation
- We may suspend accounts pending investigation of serious incidents
7.4 Risk Assumption and Acknowledgment
Users acknowledge and assume risks including but not limited to:
- Animal behavior unpredictability and potential for injury
- Allergic reactions to animals or care products
- Property damage from animal behavior or care activities
- Professional negligence or incompetence
- Miscommunication or misunderstanding of care requirements
- Technology failures affecting booking or communication
- Force majeure events preventing service delivery
8. Intellectual Property Rights and Content Ownership
8.1 Platform Intellectual Property
- All Platform technology, design, content, and trademarks are owned by PetVisit
- Users receive limited, non-exclusive license to access Platform for personal use
- Reverse engineering, copying, or redistribution of Platform technology is prohibited
- Third-party intellectual property rights are protected and respected
8.2 User-Generated Content
- Users retain ownership of original content but grant PetVisit broad usage rights
- PetVisit may use User content for marketing, improvement, and operational purposes
- Users warrant they have rights to all submitted content
- Infringing content will be removed upon valid notice
- Users indemnify PetVisit against intellectual property claims
8.3 DMCA and Copyright Compliance
- We comply with Digital Millennium Copyright Act procedures
- Copyright infringement notices should be sent to legal@petvisit.com
- Repeat infringers will have accounts terminated
- Counter-notifications must meet statutory requirements
9. Enhanced Review and Rating System
9.1 Review Guidelines and Standards
- Reviews must be based on actual service experiences
- Factual accuracy is required; defamatory content is prohibited
- Fake, incentivized, or manipulated reviews result in account termination
- Reviews become property of PetVisit and may be used for promotional purposes
- Professional responses to reviews must be professional and appropriate
9.2 Review Moderation and Removal
- We reserve the right to moderate, edit, or remove reviews
- Reviews may be removed for policy violations, legal requirements, or factual disputes
- Users may request review removal with valid justification
- Rating algorithms may be modified to improve accuracy and fairness
10. Comprehensive Prohibited Activities
The following activities are strictly prohibited and may result in immediate account termination:
10.1 Platform Circumvention
- Contacting other Users outside the Platform to avoid fees
- Sharing personal contact information for fee avoidance
- Creating duplicate accounts to circumvent restrictions
- Using the Platform to recruit Users to external services
10.2 Fraudulent and Deceptive Practices
- Providing false qualifications, credentials, or experience information
- Creating fake reviews or ratings
- Misrepresenting service capabilities or pet care needs
- Using stolen or invalid payment methods
- Identity theft or impersonation of other individuals
10.3 Harmful and Illegal Activities
- Animal abuse, neglect, or cruelty
- Unlicensed practice of veterinary medicine
- Drug trafficking or distribution
- Harassment, stalking, or threatening behavior
- Discrimination based on protected characteristics
- Violation of privacy rights or confidentiality
10.4 Technical and Security Violations
- Hacking, unauthorized access, or security breaches
- Distributing malware, viruses, or harmful code
- Automated data collection or scraping
- Interfering with Platform functionality or performance
- Reverse engineering or copying Platform technology
11. Account Suspension and Termination Procedures
11.1 Grounds for Termination
- Violation of any provision of these Terms of Service
- Fraudulent or deceptive conduct
- Repeated policy violations or poor performance ratings
- Legal or regulatory compliance requirements
- Safety concerns or risk to other Users
- Insolvency, bankruptcy, or cessation of business operations
11.2 Termination Process and Effects
- We may terminate accounts immediately for serious violations
- Minor violations may result in warnings, suspensions, or probationary periods
- Terminated Users forfeit access to Platform and pending earnings
- Outstanding obligations survive account termination
- Terminated Users may not create new accounts without express permission
11.3 Appeal and Reinstatement Procedures
- Users may appeal termination decisions within 30 days
- Appeals must include supporting documentation and remedial actions
- Reinstatement is at PetVisit's sole discretion
- Additional terms and monitoring may apply to reinstated accounts
12. Privacy, Data Protection, and Information Security
12.1 Privacy Policy Integration
- Our Privacy Policy is incorporated by reference and forms part of these Terms
- Users consent to data collection, processing, and sharing as described
- International data transfers may occur in accordance with applicable laws
- Data retention periods vary based on legal and business requirements
12.2 Information Security Obligations
- Users must protect confidential information received through the Platform
- Sharing personal information outside the Platform is prohibited
- Data breaches must be reported immediately
- Users are responsible for their own data security practices
13. Modification of Terms and Service Changes
13.1 Term Modification Process
- We reserve the right to modify these Terms at any time
- Material changes will be announced with 30 days' notice
- Continued use after modification constitutes acceptance
- Users who disagree with modifications must terminate their accounts
13.2 Service Modifications and Discontinuation
- We may modify, suspend, or discontinue services with reasonable notice
- No refunds will be provided for discontinued features
- We may add premium features with additional fees
- Beta features may be modified or removed without notice
14. Dispute Resolution and Legal Procedures
14.1 Mandatory Alternative Dispute Resolution
- All disputes must first be addressed through good faith negotiation
- Unresolved disputes will proceed to binding arbitration
- Arbitration will be conducted under Australian Commercial Arbitration Rules
- Arbitration location will be Sydney, New South Wales
- Class action lawsuits and jury trials are waived
14.2 Limitation of Legal Actions
- Legal actions must be commenced within 12 months of dispute arising
- Users waive rights to consequential, punitive, and exemplary damages
- Maximum liability is limited to platform fees paid in preceding 12 months
- Injunctive relief may be sought in appropriate courts for intellectual property violations
14.3 Legal Costs and Attorney Fees
- Prevailing party in disputes may recover reasonable attorney fees
- Users are responsible for their own costs unless otherwise awarded
- Frivolous claims may result in cost sanctions
15. Force Majeure and Business Continuity
15.1 Force Majeure Events
Neither party is liable for delays or failures due to events beyond reasonable control, including:
- Natural disasters, pandemics, or public health emergencies
- Government actions, regulations, or travel restrictions
- Technical failures, cyberattacks, or infrastructure problems
- Labor disputes, strikes, or supply chain disruptions
- War, terrorism, or civil unrest
15.2 Business Continuity Measures
- We will make reasonable efforts to maintain service availability
- Alternative communication methods may be implemented during emergencies
- Extended force majeure events may result in service modifications
- Users will be notified of significant disruptions when possible
16. International Users and Jurisdictional Issues
16.1 Jurisdictional Limitations
- Services are primarily intended for Australian residents
- International users access services at their own risk
- Local laws and regulations may restrict Platform access
- Export control laws may limit service availability
16.2 Compliance with Local Laws
- Users must comply with all applicable local laws and regulations
- Professional licensing requirements vary by jurisdiction
- Tax obligations are the responsibility of individual Users
- Currency conversion and banking fees may apply
17. Miscellaneous Legal Provisions
17.1 Severability and Enforceability
- Invalid provisions will be severed without affecting remaining terms
- Replacement provisions will achieve similar commercial purposes
- Headings are for convenience and do not affect interpretation
- These Terms supersede all previous agreements and understandings
17.2 Assignment and Third-Party Rights
- PetVisit may assign these Terms without User consent
- Users may not assign rights or obligations without written consent
- No third-party beneficiaries are created by these Terms
- Successors and assigns are bound by these Terms
17.3 Waiver and Amendment
- Failure to enforce provisions does not constitute waiver
- Waivers must be in writing and signed by authorized representatives
- Amendments require written agreement except as provided herein
- Course of dealing does not modify these Terms
18. Contact Information and Legal Notices
18.1 Company Information
- Company Name: PetVisit Pty Ltd
- ABN: 12 345 678 901
- Registered Office: Level 15, 123 Pet Care Avenue, Sydney NSW 2000, Australia
- Business Hours: Monday to Friday, 9:00 AM to 5:00 PM AEST
18.2 Legal Contact Information
- General Inquiries: support@petvisit.com
- Legal Department: legal@petvisit.com
- Privacy Officer: privacy@petvisit.com
- Emergency Contact: 1-800-PET-EMERGENCY
- Business Phone: +61 2 8765 4321
18.3 Notice Requirements
- Legal notices must be sent to our registered office or legal email
- Email notices are effective when sent to User's registered email address
- Address changes must be updated in account settings
- Notice periods begin upon delivery, not transmission
19. Governing Law and Jurisdiction
19.1 Applicable Law
- These Terms are governed by the laws of New South Wales, Australia
- Commonwealth laws of Australia apply where relevant
- Conflicts of law principles do not apply
- Vienna Convention on Contracts for International Sale of Goods is excluded
19.2 Jurisdiction and Venue
- New South Wales courts have exclusive jurisdiction
- Users consent to personal jurisdiction in New South Wales
- Venue for legal proceedings is Sydney, New South Wales
- Emergency relief may be sought in any appropriate jurisdiction
FINAL ACKNOWLEDGMENT: By using the PetVisit Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. You further acknowledge that these Terms constitute the complete agreement between you and PetVisit regarding your use of the Platform and supersede all prior agreements and understandings.