Introduction
1.1 When you register to use the Platform, as either a Pet Carer or a Pet Owner, you will have accepted either:
the Pet Carer Terms and Conditions https://link.dogg.com.au/pet-carer-terms-conditions or
the Pet Owner Terms and Conditions
https://link.dogg.com.au/pet-owner-terms-conditions;
(whichever is applicable to your status). Those Terms and Conditions (listed immediately above) are an agreement between you and Dogg Technologies Pty Ltd (Dogg) and they govern your use of Dogg’s web-hosted online marketplace (referred to as the Platform).
1.2 In this agreement:
Pet Carer means the person who promotes their Services on the Platform and/or provides Services to a Pet Owner;
Pet Owner means the pet owner of a pet who procures the Services using the functionality of the Platform and/or receives the benefit of those Services.
1.3 This is an agreement between the Pet Carer and the Pet Owner. Dogg is not a party to this Agreement. This Agreement governs the relationship between a Pet Carer and a Pet Owner in respect of Services provided by a Pet Carer to a Pet Owner when those Services are booked and paid for through the Platform. The Platform is available at https://dogg.com.au.
1.4 Pet Carer and Pet Owner agree that the Terms and Conditions of this agreement:
are the essential and minimum terms between the Pet Carer and the Pet Owner; and
apply every time Services are provided by the Pet Carer to the Pet Owner which are booked and paid for through the Platform.
1.5 Dogg may amend these Terms and Conditions at any time. If it does so, Dogg will notify the Pet Carer and the Pet Owner of the change. Continued use of the Platform after such notification will constitute acceptance of the amended Terms and Conditions.
Definitions and Interpretation
2.1 In these Terms and Conditions, the definitions have the following meanings:
Additional Costs means other expenses incurred by the Pet Carer, which may include, but is not limited to, costs incurred for Optional Extras.
Dangerous Dog means a dog that an authorised council officer or a local court has declared as dangerous because it:
has attacked or killed a person or animal (not being vermin);
has repeatedly threatened to attack or repeatedly chased a person or animal (not including vermin);
is kept or used for hunting (not including a dog used for locating, flushing, pointing or retrieving birds or vermin); or has been declared a dangerous dog under any act or by-lay of the relevant state or Territory for any other reason.
Dogg means Dogg Technologies Pty Ltd (ACN: 48 626 315 482)
Dispute means any dispute which arises out of or relates to this Pet Caring Agreement, including without limitation the entering into, breach, termination or validity of these Terms and Conditions.
Dogg means Dogg Technologies Pty Ltd (ACN: 48 626 315 482).
Dogg Policies means the range of policies which are in effect and are made available on our website to all Users, specifically in relation to the scope of allowed, recommended and prohibited activities with respect to the use of our Platform by the Pet Owner and the Pet Carer and the performance of the Pet Carer’s Services.
Law means any Commonwealth, State, Territory or local government legislation in force in Australia.
Optional Extras means any extra services offered by the Pet Carer which may be taken up by the Owner after the initial contract has been agreed. These may include, but are not limited to performing Services at unsociable hours, or special services requested by the Owner.
Profile means the information and content in any format or any media which is published by you on the Platform to be reviewed by a User (including a Pet Owner who may wish to receive Services or a Pet Carer who is assessing whether to accept a booking to provide Services).
Services Fee means the aggregate of the fees payable by the Pet Owner to the Pet Carer through the Platform in return for the Services offered by the Pet Carer and includes any Additional Costs.
Services means the services which the Pet Carer agrees to provide to the Pet Owner (with respect to the pet) and any Optional Extras which the Pet Carer promotes and provides to the Pet Owner through the Platform.
User means a Pet Carer, a Pet Owner or any third party who utilises the Platform for a legitimate purpose, whether they have registered as a Pet Carer or a Pet Owner on the Platform, or not.Additional Costs means other expenses incurred by the Pet Carer, which may include, but is not limited to, costs incurred for Optional Extras.
2.2 In these Terms and Conditions, unless the context otherwise requires:
words denoting any gender include all genders;
headings are for convenience only and do not affect interpretation;
the singular includes the plural and vice versa;
a reference to a party includes its successors and permitted assigns;
a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
Obligations and Mutual Consideration
3.1 The Pet Carer promises to the Pet Owner that the Pet Carer will:
comply with and behave in a manner that is consistent with the Dogg Guidelines https://link.dogg.com.au/guidelines; and
provide the Services with reasonable care and in a timely manner and in accordance with all applicable Laws;
not hold the Pet Owner responsible for acts of their pet which are beyond the control of the Pet Owner, acting responsibly and consistent with the Dogg Policies https://link.dogg.com.au/policies; and
treat the Pet Owner’s pet in a humane manner and with compassion and patience at all times during the performance of Services.
3.2 The Pet Carer warrants to the Pet Owner that the representations made by the Pet Carer (in their Profile or in communications regarding a booking) are true and correct.
3.3 The Pet Owner promises to the Pet Carer that the Pet Owner will:
comply with and behave in a manner that is consistent with the Dogg Guidelines https://link.dogg.com.au/guidelines; and
comply with all applicable Laws when booking and receiving the Services;
not hold the Pet Carer responsible for acts of their pet which are beyond the control of the Pet Carer, acting responsibly and consistent with the Dogg Policies https://link.dogg.com.au/policies; and
not allow or procure the Pet Carer to provide Services with respect to a Dangerous Dog.
3.4 The Pet Owner warrants to the Pet Carer that the representations made by the Pet Owner (in their Profile, or in communications regarding a booking) are true and correct.
3.5 All arrangements for the provision of Services and payment of the Services Fee must be undertaken through the Platform.
3.6 Any information provided by the Pet Carer to the Pet Owner or by the Pet Owner to the Pet Carer that is of a private or confidential nature must be kept confidential by the recipient and only used by the recipient in connection with the purpose of the disclosure.
Bookings
4.1 The Pet Carer may decline a booking for the Services if the Pet Owner’s needs change and/or the Pet Carer is not confident they can continue to provide the Services to the Pet Owner.
4.2 The Pet Carer must give as much notice to the Pet Owner as they can if an event occurs (beyond their control) that prevents the Pet Carer from providing Services in accordance with a booking. If the Pet Carer cancels their booking, the Platform will recommend another Pet Carer to the Pet Owner.
4.3 The Pet Owner will give as much notice to the Pet Carer as they can if an event occurs (beyond their control) that prevents the Pet Owner from receiving Services in accordance with a booking.
4.4 If the either party cancels their booking, the parties agree that they must abide by the Payments and Refunds Policy. https://link.dogg.com.au/payments-refunds.
Fees
5.1 In return for the Pet Carer providing the Services to the Pet Owner in accordance with these Terms and Conditions, the Pet Owner must pay the Services Fee in advance through the payment gateway on the Platform. Both parties agree that Dogg, as agent for the Pet Carer, will invoice the Pet Owner the Services Fee.
5.2 The Pet Carer authorises the Pet Owner to pay the Services Fee to Dogg, using the functionality of the Platform.
Insurance
6.1 Dogg has acquired certain insurance coverage which is for the benefit of Dogg and also covers, to a limited extent, the Pet Carer. The insurance does not cover the Pet Owner for claims made against the Pet Owner. Details of the insurance policy are available here. https://dogg.com.au/insurance.
6.2 The Pet Carer is responsible for assessing whether the insurance policy provided by Dogg satisfies their requirements, or if they want to obtain additional insurance coverage for themselves with respect to loss incurred or claims made against them arising from the Services.
6.3 The Pet Owner is solely responsible to purchase and keep current their own insurance coverage for their risk of loss or liability arising from:
damage to property, whether or not caused by the Pet Owner, the Pet Carer or a pet;
death of, or injury to, any person, whether or not caused by the Pet Owner, the Pet Carer or a pet;
death of, or injury to, their pet, whether or not caused by caused by the Pet Owner, the Pet Carer or another pet; or
any other risk, including theft.
6.4 The Pet Carer is responsible to ascertain whether they are required by any law, by-law or regulation to carry insurance coverage (as required within some, but not all, local government jurisdictions).
6.5 The Pet Carer is responsible to comply with legislated insurance requirements (if applicable) and to decide whether the insurance provided by Dogg is adequate or whether they want to obtain additional insurance coverage (which may include public liability and/or professional indemnity insurance) to cover risks arising in the course of performing their Services for the Pet Owner. As an example, such risks may include the Pet Carer’s liability for a claim by the Pet Owner or by a third party arising from:
the Pet Carer’s negligent act or omission while performing the Services; or
death of, or injury incurred by the Pet Owner's pet arising from the Pet Carer’s negligent act or omission while performing the Services.
Dispute Resolution
7.1 If a dispute arises between the Pet Carer and the Pet Owner, the parties agree to follow the Dispute Resolution Policy. https://dogg.com.au/dispute.
General
8.1 Except as expressly provided to the contrary in this agreement, nothing in this Agreement shall be construed as giving rise to any relationship between the parties as (i) principal and agent, or (ii) employer and employee.
8.2 These Terms and Conditions (and any document incorporated by reference herein) record the essential, minimum terms between the Pet Carer and the Pet Owner in relation to the provision of Services by the Pet Carer to the Pet Owner, when they use the Dogg Platform. The parties may agree to additional terms, provided they are not in conflict with these Terms and Conditions.
8.3 These Terms and Conditions are governed by the laws of the State of New South Wales.