1.1 These Terms and Conditions govern the use by Owners of the Dogg web-hosted online marketplace (referred to as the Platform). The Platform is available at https://dogg.com.au.
1.2 The Platform is provided by Dogg Technologies Pty Ltd (ACN: 48 626 315 482) (Dogg, we, us and our) to users. These users may be:
A person who is take care of and/or or otherwise provide services in relation to a pet owner’s pet in return for receiving payment (Pet Carer); or
A pet owner who wants a Pet Carer to take care of and/or or otherwise provide services in relation to their pet (the Pet Owner, you, and your).
1.3 The Platform enables a Pet Owner to find and connect with Pet Carers.
1.4 To access and use the Platform as a Pet Owner, you need to register as a User and agree to comply with these Terms and Conditions.
1.5 These Terms and Conditions govern use of the Platform by Pet Owners. If you want to have access to the Platform and offer your services as a Pet Carer then other terms apply to you: https://link.dogg.com.au/pet-carer-terms.
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.
Booking Fee means the fee which is calculated as a percentage (%) of the Services Fee. The Booking Fee is separate from and in addition to the Services Fee.
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.
Dispute means any dispute which arises out of or relates to the Pet Caring Agreement or this Agreement, including without limitation the entering into, breach, termination or validity of these Terms and Conditions.
Dogg Fee means the fee which is calculated as a percentage (%) of the Services Fee. The Dogg Fee is separate from and in addition to the Booking Fee.
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 and the performance of the Pet Carer’s Services.
GST means a goods and services tax imposed by or through A New Tax System (Goods and Services Tax) Act 1999.
Insurance Policy means the Public and Product Liability Policy covering Dogg and the Pet Carer when Services are booked and paid for via the Platform. Details of the policy are available here: https://dogg.com.au/insurance
Law means any Commonwealth, State, Territory or local government legislation in force in Australia or any law of a foreign jurisdiction, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation and the common law in Australia.
Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.
Optional Extras means any non-compulsory services offered by the Pet Carer. These may include, but are not limited to, items such as feeding the dog, cleaning the dog, 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 Carer who may wish to perform Services for you).
Services Fee means the aggregate of the fees payable by the Owner to the Pet Carer through the Platform in return for the Services offered by the Pet Carer and includes any Additional Costs. The Dogg Fee and the Booking Fee are calculated as a percentage (%) of the Services Fee.
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 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.
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;
any schedule attached to these Terms and Conditions forms part of it;
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.
3.1 By registering as an Owner on the Platform:
you agree to comply with these Terms and Conditions; and
these Terms and Conditions form a binding legal agreement between you and us; and
you agree with us that you will comply with the terms of your agreement with the Pet Carer which are set out in the Pet Caring Agreement between you and the Pet Carer.
3.2 The Platform enables you to identify a Pet Carer who matches your requirements and who you engage with to provide the Services to you. The terms of your agreement with the Pet Carer are set out in the Pet Caring Agreement between you and the Pet Carer.
3.3 We act as agent of the Pet Carer for the limited purpose of:
promoting the Pet Carer’s availability to perform Services for an Owner;
managing the reservation of the Pet Carer’s Services (booking) through the Platform; and
enabling and receiving payment by the Owner of the Services Fee through the Platform.
4.1 The responsibilities in this clause apply when you are booking and receiving the Services from a Pet Carer, unless otherwise stated.
4.2 You must behave in a manner that is consistent with the Dogg Guidelines. https://link.dogg.com.au/guidelines. The Dogg Guidelines provide essential advice and information to ensure that Pet Carers, Pet Owners and the pets have an optimal experience. Some examples from the Dogg Guidelines are (this is not an exhaustive list):
You must meet with the Pet Carer, (in person.... not only on line), before procuring the Services on the first occasion;
The Pet Carer must not allow the pet off leash when their Services include dog walking (for instance), unless the Pet Owner has given clear permission to that Pet Carer.
4.3 You must comply with the policies and procedures we publish on our website that apply to Owners, including the following:
4.4 We reserve the right to terminate or suspend your registration on the Platform if you fail to comply with these Terms and Conditions and/or Dogg Policies or for any reason whatsoever in our absolute and unfettered discretion.
4.5 You must:
comply with all applicable Laws when using the Platform and receiving the Services; and
bear all costs and expenses related to your use of the Platform including payment of the Booking Fee and Services Fee.
4.6 Optional Extras (which may incur Additional Costs) may be agreed with a Pet Carer, at the time of booking. If the Pet Carer incurs Additional Costs, these will be added to the Services Fee and it is the Owner’s responsibility to pay for those at the time of the booking.
4.7 You may agree to specific time and location requirements with a Pet Carer with respect to the Services provided that those requirements are made known to the Pet Carer before the Pet Owner’s booking is confirmed. Pet Owners must comply with the Dogg Policies.
4.8 You grant to us a royalty-free, non-exclusive licence to use your name together with your image (if you elect to provide that to us) and other information in your profile (if you elect to provide that to us) on the Platform for the purpose of:
promoting your availability to receive Services on the Platform; and
promoting and marketing the Platform (provided that this licence in subsection (b) is subject to obtaining your prior written approval).
4.9 This licence will automatically terminate when you cease being a Pet Owner (i.e. close your account and cease to be registered on the Platform). You indemnify us against any claim or loss arising from infringement or alleged infringement of the intellectual property rights of any third party which arises in connection with the materials provided by you to us including your image and other information in your profile.
5.1 You must provide to us, at your expense and on our request, the following:
your true and correct name, and your phone number and email address;
the address where your pet can be collected or cared for by the Pet Carer in order to perform the Services;
your valid credit card information;
evidence to prove your identity, your address, that you are over the age of 18 and any other information reasonably requested by us which is relevant to verifying the information on your Profile and eligibility to procure the Services.
evidence (if requested by us) that you have authority from your organisation to register on the Platform;
evidence (if requested by us) that you are authorised to allow the Pet Carer to enter upon your premises and/or take possession of the pet for the purpose of performing the Services.
5.2 You warrant that all information so provided and any information provided when you register as a Pet Owner or otherwise during the Term of this Agreement and/or posted by you to the Platform is true, accurate and complete.
5.3 You must not, in relation to your use of the Platform:
misrepresent your affiliation with others;
share your log in details and passwords to any other person;
interrupt or attempt to negatively impact or alter the operation of the Platform in any way;
engage in any other practices which may adversely affect the credibility or reputation of Dogg or the Platform;
denigrate or defame Dogg or another User (including another Pet Carer or a Pet Owner);
violate applicable laws (including laws of defamation), violate the intellectual property rights or other rights of Dogg or others, or engage in activity that is fraudulent, obscene, unprofessional, offensive, or misleading;
reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or
engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
Ethical Use of the Platform
6.1 Dogg may insist at any time that, as a condition of your continued use of the Platform, you submit to a background check. You consent to Dogg making enquiries if you supply the contact details of personal referees to us. We will only ever enquire about your suitability to procure the Services of a Pet Carer.
6.2 We reserve the right, at all times, to refuse or terminate the registration of a Pet Owner on the Platform where we form the view, acting reasonably, that the Pet Owner is not suitable for the Platform. Our decision is final and absolute in our unfettered discretion.
7.1 We will provide you with access to the Platform and the functionality which is enabled by the Platform including the ability to promote your Profile to Users and manage the booking and payment to procure Services. Our agency does not extend beyond the scope described in clause 3.
7.2 We may, at any time, enhance and/or alter the features and functionality of the Platform at our sole discretion and without notice to you.
8.1 You grant to us a royalty-free, non-exclusive, perpetual, irrevocable licence to use, copy and distribute information or content (including photographs, text, audio/visual works) which appears in your Profile for the purpose of:
promoting your desire to procure the Services of a Pet Carer;
promoting and marketing the Platform on social media; and
promoting and marketing the Platform in other media (provided that any content which identifies you personally will not be used unless you have consented).
8.2 When you post content to your Profile, you warrant to us that you own or control the intellectual property rights and have obtained all necessary consents and have the legal rights to grant the licence to us in clause 8.1. You indemnify us against any claim or loss arising from infringement or alleged infringement of third party intellectual property rights of any third party or failure to obtain consent which arises in connection with the information and content which you publish to your Profile.
8.3 Dogg’s trade marks are used and displayed in conjunction with the Platform and must not be copied or used by you unless authorised in writing by Dogg.
Privacy and Personal Information
9.2 The Pet Owner consents and agrees that Dogg will share the Pet Owner’s name, email address and phone number with the Pet Owner, in respect of the booking of Services, to enable the Pet Carer to provide the Services to the Owner. It is your discretion to decide whether to share your physical address or any other personal details with the Pet Carer.
9.3 In all cases Dogg requires the Pet Carer to submit to a background check as an essential pre-requisite for registration on the Platform. Dogg reserves the right to refuse or to terminate the registration of any User at any time and without giving a reason.
9.4 If the Services procured by you include dog walking, we may require the Pet Carer to utilise geolocation tracking technology during the performance of those Services. In that case, the Pet Carer’s geolocation data (during the performance of dog walking Services) will be shared with Dogg and with you, the Pet Owner, in connection with the Services. The Pet Carer must consent to this.
10.1 If a dispute arises between you (the Pet Owner) and a Pet Carer, you must follow the Dispute Resolution Policy. https://link.dogg.com.au/dispute. You must read the Dispute Resolution Policy because you will be bound by that policy when you accept these Terms and Conditions and also when you enter into the Pet Caring Agreement between you and the Pet Carer.
11.1 If you, the Pet Owner, cancel the Services or if the Pet Carer cancels the Services in both cases the parties must abide by the Payments and Refunds Policy. http://link.dogg.com.au/payments-refunds. In most (but not all) cases the Pet Owner will be entitled to receive a full or partial refund of the Services Fee. Please refer to the Cancellations Policy for further details. http://link.dogg.com.au/cancellations.
12.1 A Dangerous Dog must not be offered or promoted on the Platform. The Pet Owner must not use the Platform to procure the Services of a Pet Carer in relation to a Dangerous Dog.
12.2 If a dog is declared a Dangerous Dog during the Term of this agreement you must promptly withdraw that Dangerous Dog from being offered or promoted on the Platform
12.3 You must inform a Pet Carer if a Dangerous Dog is likely to be present at premises where you invite a Pet Carer.
13.1 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 with respect to loss incurred or claims made against a Pet Owner arising from the Services performed by a Pet Carer.
13.2 The Pet Owner is solely responsible to take out and keep current their own insurance to cover 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 the Pet Owner, the Pet Carer or another pet; or
any other risk, including theft.
13.3 The Pet Owner is responsible for making true, accurate and complete disclosure to their insurer in relation to obtaining insurance.
13.4 The Pet Owner is responsible to pay any excess/deductible under the insurances which it effects.
13.5 You, the Pet Owner, acknowledge that a Pet Carer will not be covered by the Insurance Policy if their loss arises in relation to a Dangerous Dog.
13.6 We strongly recommend that you obtain your own appropriate insurance coverage covering loss of property and/or death or injury of your pet when you procure Services.
Payment and Fees
14.1 The Pet Carer is responsible for setting the amount of the Services Fee which is charged by the Pet Carer for the Services provided by that Pet Carer to a Pet Owner.
14.2 You must pay for the Services using the functionality of the Platform. We engage a reputable third-party online payment facilitator to enable you to pay for the Services on the Platform.
14.3 We will hold the Services Fee paid by you and, provided that the Pet Carer performs the Services, we will subtract the Dogg Fee from the Services Fee and remit the balance to the Pet Carer in accordance with our standard payment terms described in the Payments and Refunds Policy. http://link.dogg.com.au/payments-refunds.
14.4 You are responsible for agreeing (or not) to the amount of the Services Fee which you are charged to you by the Pet Carer. The inherent functionality of the Platform will enable you to know the Services Fee before or at the time when you make a booking on the Platform.
14.5 We will invoice you, the Pet Owner for the Services Fee on behalf of the Pet Carer. We will do this as the agent of the Pet Carer by issuing a tax invoice to you. The invoice will contain sufficient information to enable you and the Pet Carer to identify the specific Services and the associated Services Fees (including Additional Costs and Optional Extras).
14.6 You, the Pet Owner, will be charged a Booking Fee when you use the Platform to book Services. The Booking Fee is payable in return for granting you access to the functionality of the Platform. The Booking Fee is:
additional to the Services Fee;
calculated as a percentage of the Services Fee;
charged by Dogg to you, the Pet Owner; and
retained by Dogg, exclusively.
14.7 Following receipt by us of the Services Fee and confirmation (to our satisfaction) that the Services have been completed by the Pet Carer, we will pay to the Pet Carer the balance of the Services Fee after deducting the Dogg Fee. Payment of the balance of the Services Fee to the Pet Carer can only be made when, and if, we have received payment from you, the Pet Owner.
14.8 The Dogg Fee and the Booking Fee are calculated in accordance with our fee structure, described here: http://link.dogg.com.au/fees-charges. We reserve the right to vary the Dogg Fee and the Booking Fee at any time but will give you not less than 30 days’ notice of any change.
14.9 We will keep and maintain records of the revenue generated from bookings of the Services through the Platform.
14.10 All of the Fees are stated on a GST inclusive basis. We will charge and collect GST where we are required to do so according to applicable laws.
14.11 The Services Fee and the Booking Fee will be charged to your credit card at the time that you make the booking. If you cancel the Services or if the Pet Carer cancels then our Payments and Refunds Policy will apply. http://link.dogg.com.au/payments-refunds.
Limitation of Liability
15.1 We are not responsible for any communication, interaction or relationship between you and any other user of the Platform, (including a Pet Carer) whether or not it occurs on the Platform or by another means. The relationship between you and the Pet Carer is governed by the Pet Caring Agreement and any statutory terms which cannot be excluded, restricted or modified (including, for example, under the Australian Consumer Law).
15.2 Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to these Terms and Conditions to the extent required by Law.
15.3 Subject to clause 15.2, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform:
whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
whether or not arising pursuant to an indemnity in these Terms and Conditions, is limited to us providing you with access to the Platform again.
15.4 Neither party will be liable to the other party (or to any other person) for any Indirect Loss arising from a breach of this Agreement or otherwise in connection with the provision of the Platform.
15.5 For the purposes of clause 15.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss).
16.1 The Pet Owner agrees to indemnify, defend and hold Dogg (and each of its officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:
the death or illness of, or personal injury to, any individual (including a Pet Carer or a pet) in connection with your use of the Platform; or
the loss or destruction of, or damage to, any tangible property owned by you, the Pet Carer, or any person in connection with your use of the Platform,
loss or damage of any kind caused by the Pet Owner’s pet during the course of the Services,
except to the extent such Loss arises from our wilful misconduct.
17.1 Any Confidential Information disclosed by one party (Discloser) to the other party (the Recipient):
must be kept confidential by the Recipient; and
must be used by the Recipient only for the purpose for which that Confidential Information was disclosed, or otherwise with the consent of the Discloser.
Termination and Suspension
18.1 The Pet Owner may terminate their account on the Platform at any time by following the account termination process in the Platform or by contacting Dogg directly at [email protected]. If the Pet Owner has Services booked at the time they give notice of termination, we will close the Pet Owner’s account after the date of the last booking by the Pet Owner.
18.2 We may terminate or suspend your account at any time by giving written notice to you.
18.3 If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure and will refund monies we are holding for bookings and will have no other liability to:
a Pet Carer for a booking that may have been received but does not result in performing the Services as a result of the Closure; or
a Pet Owner who does not receive the Services they have booked as a result of the Closure.
Feedback and Complaints
19.1 If you wish to make any comments about the Platform or your experience as a Pet Owner, we encourage you to provide us feedback by contacting us by either:
email at [email protected] or
telephone on 1300 549 236
19.2 We have established an Incident Reporting Policy:
http://link.dogg.com.au/incident-reporting and Complaints Policy: http://link.dogg.com.au/complaints to enable you to report an incident and/or make a complaint. That policy describes the process to manage your complaint and find a resolution. We are continuously trying to improve our procedures to provide a better Platform.
Updates to these Terms and conditions
20.1 We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.
20.2 If you access the Platform following any amendment to these Terms and Conditions you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions, you can choose to close your account with us.
21.1 Notices given under these Terms and Conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform.
21.2 A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.
22.1 You grant to us a royalty-free, fully paid up, worldwide, non-exclusive perpetual licence to use and incorporate into the Platform and/or into our business any general suggestions, enhancement requests, recommendations or other feedback provided by the you.
22.2 We reserve the right (but we do not have any obligation) to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended and that Users are complying with these Terms and Conditions.
22.3 These Terms and Conditions (and any document incorporated herein by reference) records the entire agreement between the parties in relation to its subject matter.
22.4 Each party must (at its own expense) do all things reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party and expressed in these Terms and Conditions.
22.5 The rights and obligations in clauses 15, 16, and 17 will survive the termination or expiry of these Terms and Conditions.
22.6 All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
22.7 These Terms and Conditions are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these Terms and Conditions.
Dogg Technologies Pty Ltd (ACN: 48 626 315 482)
436 Victoria Avenue,
Chatswood 2067 NSW
1300 549 236