Terms and Conditions
last updated May 2018
PawsitiveWalks (hereafter referred to as “PawsitiveWalks”, “pawsitivewalks.co.uk”, “we”, “us” or “our”) is a one-person entity that provides dog-related services, such as dog walking and dog sitting (collectively known as the “Services”). These dog-related services are offered at pawsitivewalks.co.uk (the “Site”) – an online platform where Client’s (defined below) can analyse, enquire and/or request the Services.
These Terms will apply to any Contract (defined below) and both form the ultimate legal binding of the purchased Services between the Clients and PawsitiveWalks.
1. Definition and rules of Interpretation
1.1 References to writing and written include handwritten documents as well as, electronic documents, faxes, emails and mobile text messages.
Client/Owner: the person, firm or company who purchase the Services from PawsitiveWalks; the person that owns the dog (or dogs).
Content: all text, graphics, images, music, software, audio, video, information, documents, compilations, data and other materials.
Contract: the Client’s confirmation and approval of purchased Services and Terms and Conditions.
Dog: pet that will be receiving the Services.
Services: means any services offered on the Site, including but not limited to dog walking and dog sitting.
Site: means the entirety of the pawsitivewalks.co.uk website, related websites and mobile applications (if existing).
2. Application of Conditions
These conditions shall:
a) apply to and be incorporated in the Contract; and
b) prevail over any inconsistent terms or conditions contained in, or referred to in, the Client’s purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
2.1 No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding unless agreed in advance in writing and signed by PawsitiveWalks.
3. Effect of purchased Services
The return of the acknowledgement copy of the Contract, signed by the Client’s, to PawsitiveWalks, confirms that the Clients have read and approved the Contract and Terms and Conditions; the Services and its costs. Once receipt of the signed Contract, PawsitiveWalks will initiate its Services to the Clients, and the Client will be billed or invoiced as per the agreed.
3.1 References to signature and signed includes handwritten signatures, electronic signatures or input of printed name.
3.2 The purchase of the Services are intended solely to 18 years or over persons, and by accessing the Site and purchasing the Services, you confirm that you are 18 years or over; you agree to be bound by the Terms and Conditions, applicable laws and regulations.
The Contract is a legal binding document signed by the Client as confirmation and acceptance of the conditions of the Contract, Terms, Services and costs.
The Contract arrangement will include, but not limited, Clients and Dogs information (see section 9), Services purchased, the frequency of the Services, costs and information related to PawsitiveWalks (such as contact details and type of public liability insurance).
4.1 The Contract can be:
i. Monthly – for regular use of the Services: set number of regular Services per week, at a designated time of the day for a set period of time.
ii. Periodic/Ad hoc – for occasional use of the Services: day of the week when Services will take place, at a designated time of the day for a set period of time.
An example of a Monthly Contract (section 4.1, clause i.) is when a Client requests our dog walking services, for every Monday, Wednesday and Friday, for a dog walk at 12pm with a duration of 90 minutes. NOTE THAT THE DESIGNATED TIME OF THE DAY, CAN BE DIFFERENT FOR THE VARIOUS DAYS OF THE WEEK – EVERY MONDAY AT 12PM, EVERY WEDNESDAY AT 10AM AND EVERY FRIDAY AT 3PM.
An example of a Periodic or Ad hoc Contract (section 4.1, clause ii.) is when a Client requests our dog walking services, sporadically, for Monday the 6th of November 2017 at 2pm with a duration of 60 minutes.
5. Client’s obligations
5.1 The Client agrees to keep the dog fully vaccinated and up to date on all deworming and defleaing.
5.2 The Client agrees to disclose all relevant information regarding the dog’s traits, behaviour, demeanour (including fear, anxieties, aggression or reactivity), medical record, conditions and issues surrounding food.
5.3 The Client must provide a new dog collar with an ID tag (Client’s name, Client’s postcode and house/flat no and a contact number) prior to the use of our dog walking services.
5.4 The Client agrees that she/he is able to insure the dog under a pet insurance policy.
i. fail to do so, the Client acknowledges and agrees to take full responsibility for any injuries, illnesses, accidents, damages or misfortunes occurred to the Client’s dog or by the Client’s dog.
5.5 The Client agrees that she/he is able to insure the Client’s home and property contents under a house and contents insurance policy.
i. the Client is advised to notify the insurers of the arranged dog sitting service in order to be covered under the pertinent insurance policies.
6. Regarding the Services
PawsitiveWalks reserve the right to:
a) refuse Services to dogs that are perceived to be dangerous to us or others (including but not limited to other people and/or dogs);
b) cancel the Services without the right for a Refund, whether temporally or indefinitely, with immediate effect;
i. if the dog is deemed to be unsuitable by PawsitiveWalks;
ii. if the dog is acting dangerously, aggressively or in a harmful way towards us or others (including but not limited to other people and/or dogs); and
iii. if the dog is or displaying symptoms of sickness or illness.
c) the right to terminate or reduce the duration of the Services:
i. due to extreme weather conditions;
ii. risk of heat stroke;
iii. dog becoming ill or injured; and
iv. dog becoming distressed or distressing others (including but not limited to other people and/or dogs).
d) the right to collect or visit the dog within the time frame arranged. Working with animals means that unpredictable behaviour can occasionally cause delays.
6.1 PawsitiveWalks tries to select green and/or woody areas for our dog walking services. Many times, the dogs may get wet, muddy or even dirty from encountering fox poo. PawsitiveWalks makes every effort to drop off a clean dog, but we cannot guarantee the dogs full cleanliness or smell-free:
i. PawsitiveWalks recommends the Clients to leave a towel in a designated area (e.g. by entrance door) so that we can towel-dry the dog and clean its paws prior to entering the property; and
ii. the Client will be notified of all poo-rolling and extremely muddy furs;
6.2 The Services are provided according to the Contract arrangement between the Client and PawsitiveWalks (see section 4). The Client may not swap the agreed days or time of the Services, especially not on an ad hoc basis, without PawsitiveWalks written consent and confirmation of availability.
6.3 The Client may request extra Services or days of Services as required – subject to availability and confirmation from PawsitiveWalks. These additional Services or days of Services will be added to the Client’s invoice as “Additional Days” with a daily rate agreed between PawsitiveWalks and the Client.
6.4 PawsitiveWalks dog walking services are insured through our Public Liability Insurance by £5M and £1,500 for vet fees.
7. Request of Services for banned or restrict breeds
By using PawsitiveWalks to request our Services for a dog of a banned or prohibited breed, the Client certifies that they have taken all legal measures prescribed by the law related to the breed – such as obtaining a Certificate of Exemption and their own third-party liability insurance.
8. Charges and Payment
PawsitiveWalks Services prices are published on the Site and Contract provided to the Clients.
Upon receipt of a signed copy of the Contract, PawsitiveWalks will start charging the Services to the Client. Services are invoiced according to the type of Contract chosen (see section 4.1) – monthly or ad hoc basis.
8.1 The full payment of the invoice is to be made within 7 days of receipt of invoice or by the date specified on the invoice.
8.2 If the Client fails to make any payment due to PawsitiveWalks under the Contract by the due date of the invoice, then a penalty fee of 10% may be charged for every 7 days the invoice is overdue thereafter.
8.3 The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding.
8.4 PawsitiveWalks reserves the right to suspend all Services until payment has been made in full.
9. Clients and Dogs information
“Clients and Dogs information” is defined as any and all information required and provided at the time of the registration of the Service.
During the first consultation, information about the Client (person or persons responsible for the Dog) and the Dog is provided to ensure the safety and success of our Services.
You hereby represent and warrant to PawsitiveWalks that “Clients and Dogs information”:
a) will not be false, inaccurate, incomplete or misleading;
b) will not be fraudulent or involve the sale of counterfeit or stolen items;
c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
d) will not violate any law, statute, ordinance or regulation;
e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing;
f) will not be obscene or contain Content harmful to minors; and
g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system data or personal information.
9.1 The Client acknowledges and agrees that it's hers/his responsibility to determine if the dog is suitable for the Services. Moreover, it is mandatory upon the Client to share any and all relevant information, including but not limited, to medical issues, allergies or other condition about the dog prior to engaging the Services.
9.2 The Client is solely responsible for the information provided and agrees that if any misleading, incorrect or incomplete information is given, PawsitiveWalks is not responsible for the outcome of the incorrect information.
9.3 As part of the Services, PawsitiveWalks occasionally shares photos, videos and GPS tracking information with the owners/handlers, the Site and social media. The Client acknowledges and agrees that PawsitiveWalks may, at its sole discretion, publish these Content on the Site and social media.
10. Flea situation involving a Client’s dog
Clients acknowledge and agree that to the extent of any situation arises where the Client’s dog introduces fleas into the dog walker and/or dog sitter’s home or personal pet, the Client must cover the costs. These costs may include, but not limited to, costs associated with treating the property and the pet.
10.1 It is the responsibility of the Client to disclose any knowledge of flea issues associated with the dog and/or other pets to PawsitiveWalks before any Services.
11. Emergency Medical situations involving a Client’s dog
Prior to the acceptance of the Contract, PawsitiveWalks will ensure that the Client has provided all information related to “Clients and Dogs information” – information such as, but not limited to, emergency contact number, registered veterinary practice and pet insurance details.
11.1 In the event of an emergency arises, involving the Client’s dog, PawsitiveWalks shall make reasonable efforts to contact the Client and notify the situation. If Client is not reachable a voice message will be left and a text message sent.
i. in an absolute emergency the dog will be taken to the nearest veterinary practice; and
ii. in the event of a dog going missing, Clients will be immediately notified and advised to come and help with a search – should the dog be missing for longer than 45 minutes.
PET INSURANCE IS ALWAYS RECOMMENDED FOR ADDED PEACE OF MIND.
11.2 PawsitiveWalks may act in the Client’s absence as guardian of their dog and may perform or take any action which PawsitiveWalks deems necessary, in order to protect and/or keep in good health the Client’s dog, other dogs and people.
11.3 The Client acknowledges and agrees that the costs of any such treatment for emergency medical situations are the sole and exclusive responsibility of the Client.
12. Cancellations, refunds and termination of Contract
12.1 The Client may cancel any Services 48 hours prior to the day of the Service:
i. the Service can be re-arranged within the same calendar month at no extra cost, according to availability and written confirmation of PawsitiveWalks;
ii. for Services part of a monthly Contract, if a suitable date cannot be arranged within the calendar month of the Contract period, then the cancelled Service can roll-on to the next calendar month at no extra cost; and
iii. a refund is available for Services cancelled within 48 hours of the day of the Service.
12.2 PawsitiveWalks has the right to cancel any Services on short notice (with a promise of rearranging the Service at the next available or suitable day, in the event of, but not limited to:
ii. accidents; and
iii. unforeseen circumstances.
12.3 No refunds will be accepted:
i. if a cancellation is made on the same day as the Service and PawsitiveWalks will charge the full price of the Service;
ii. if we arrive at the property for the arranged Service and the Client no longer needs the Service but has forgotten to cancel 48 hours before - PawsitiveWalks will charge the full price of the Service;
iii. if we cannot gain access to a property due to faulty or difficult locks. The Client will be immediately notified and will be charged 50% of the standard service fee; and
iv. if we arrive to collect the dog and the dog is visibly unwell and/or sick, we reserve the right to cancel the dog walking services, giving the dog the chance to have a toilet break. PawsitiveWalks will immediately notify the Client of the dogs poorly state and will charge 50% of the standard service fee;
12.4 PawsitiveWalks requires 30 days' notice of termination of Contract for all monthly arranged Services. For ad hoc Contracts, we require a 48-hour notice of termination (see clause 12.1).
i. the Client agrees to provide such notice or pay the full amount of the Contract period;
12.5 PawsitiveWalks reserves the right to:
i. terminate the Contract, with immediate effect, when the Client fails to pay any amount due under the Contract on the due date for payment to PawsitiveWalks and remains in default not less than 14 days after being notified in writing to make such a payment; and
ii. the Client repeatedly breaches any of the Terms;
PawsitiveWalks understands that there are unexpected circumstances that can interfere with the noticed periods under section 12. Please contact PawsitiveWalks immediately should such circumstances arise.
You agree that we may modify this agreement and such modification shall be effective immediately upon posting. You agree to review these Terms as often as you find it necessary, or when notified of amends by PawsitiveWalks. Continued access or use of the Site and Services shall be deemed conclusive evidence of your acceptance of the modified agreement.
14. Information and use of the Website
PawsitiveWalks efforts to maintain the integrity and accuracy of the Content on the Site, we make no guarantees as to its correctness, completeness or accuracy. The Site may contain typographical errors, inaccuracies or other errors or omissions. If you believe that Content found on the Site is inaccurate or unauthorised, please inform us by contacting [email protected]
In regards to the Terms and the Site, you agree that the following actions constitute a breach of the Terms:
a) collecting information about the Site or users of the Site without Pawsitivewalks written consent;
b) modify, framing, rendering, mirroring, truncating, injecting, filtering or changing any Content without PawsitiveWalks written consent;
c) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or any other automatic device, program, algorithm or methodology which aims to:
i. use, copy, acquire, input, store, generate, monitor the Content; and
ii. generate impressions, clicks, searches or monitor the Site.
d) accessing or using the Site for commercial or competitive purposes;
e) disguising the origin of the information transmitted to, from or through the Site;
f) impersonating another person or entity;
g) distributing viruses or other harmful computer code;
h) using the Site for any purpose in violation of local, state, national, international laws, including but not limited to, any unauthorised use of Content or information contained on the Site, that may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statuses;
i) behaving or acting in any way that creates negative experience for Site users, Clients and PawsitiveWalks dog walkers and dog sitters;
j) behaving or acting in any way that demonstrated a lack of courtesy or professionalism with PawsitiveWalks dog walkers and dog sitters.
PawsitiveWalks expressly reserves the right, in its sole discretion, to terminate Site user’s access to any interactive services, Content or information; to terminate Services to Client’s due to any act that would constitute a violation of the Terms.
15. Link to third-party websites
The Site may contain links or have references to websites controlled by third-parties. PawsitiveWalks is not responsible for and does accept any responsibility for the contents or use of these third-parties' websites.
If you have any questions about the Terms or the Site, please contact PawsitiveWalks at [email protected].