Terms & conditions
Our terms
1. These terms
1. What these terms cover. These are the terms and conditions on which we supply our services to you.
2. Why you should read them. Please read these terms carefully before you register to use our services. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please let us know.
3. What certain words mean. To help make these terms as clear as possible, the following words have the meanings given to them below:
App: our booking app for Dog Walkers (enabling them to receive and accept/reject booking requests from Dog Owners), as described on our Website and on the relevant listings on Apple, Inc’s App Store (for iOS devices) and Google Inc’s Play Store (for Android devices).
App Store: the app store operated by Apple, Inc on iOS devices.
Contract: has the meaning set out in clause 3.1.
Dog Owner(s): the owner of one or more dogs in respect of which you are requested or agree to provide dog walking services.
Dog Walker: you, the provider of dog walking services to Dog Owners, who advertises on the Go Walkies Platform (also referred to in these terms as you, your and yours).
Play Store: the app store operated by Google, Inc on Android devices
Go Walkies Platform: the App and the mobile application for Dog Owners provided by us, which enables Dog Owners and Dog Walkers to find and contact each other, and through which Dog Owners can book the dog walking services offered by Dog Walkers.
Service Fee: the fee payable to us for the Services, as described in clause 12.1.
Services: the services supplied by us via the App, as further set out in clause 5.
Walk Fee: the fee payable to you by a Dog Owner for your dog walking services, as described in clause 12.2.
Website: our website at https://gowalkies.app.
Information about us and how to contact us
Who we are. We are GoWalkies, which is a trading name of Go Walkies Labs Limited, a company registered in England and Wales. Our company registration number is 13251316 and our registered office is at PO Box 78084, London W4 3EU.
How to contact us. You can contact us by telephoning our customer service team on 02071 579671 or by writing to us at [email protected].
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
App terms and conditions. By signing up for this app, you agree to receive communications from us, including but not limited to emails, push notifications, and in-app message. These communications may include marketing and promotional materials, as well as important updates and Information about your account and the app. You may opt out of receiving marketing communications at any time by writing to us at [email protected] However, please note that we may still need to send you certain administrative messages that are necessary for the functioning of the app and your account .
Our contract with you
Registration and our terms. We agree to provide the Services to you on these terms, subject to you first completing our registration process and to us confirming your registration. Our acceptance of your registration request will take place when we email you to confirm your registration, at which point a contract will come into existence between us (the Contract).
We only provide the Services to users in the UK. Our website is solely for the promotion of our Services in the UK. Unfortunately, we do not accept user registrations from users or addresses outside the UK.
Account security
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
Our Services
We provide the Go Walkies Platform, which enables:
Dog Walkers to advertise the availability of their dog walking services;
Dog Owners to find and contact Dog Walkers;
Dog owners to book the dog walking services of self-employed Dog Walkers; and
Dog Owners and Dog Walkers to post reviews about their experience of each other.
Bookings. Dog Owners and Dog Walkers are able to connect and transact with each other via the Go Walkies Platform, and use it to agree to receive or provide dog walking services:
When a Dog Owner and Dog Walker agree the required details (fee, date, start time and end time) for the dog walking services, they are able to create a “booking” via the Go Walkies Platform, which is confirmed to each of them via the App;
Bookings are initiated and agreed by the Dog Owner and the Dog Walker each following and completing the relevant steps within the App. On completion of the required steps by both parties, including payment by the Dog Walker, the booking is complete and a confirmation is generated by the Go Walkies Platform and sent to both parties.
For the avoidance of doubt, you are not obliged to accept booking requests, which you may decline in your sole discretion.
Dog Owners. When agreeing to a booking via the App, the Dog Owner is:
agreeing with the Dog Walker to receive the Dog Walker’s services and to pay the Dog Walker’s Walk Fee; and
agreeing with us to pay our Service Fee.
Dog Walkers. When agreeing to a booking via the App, the Dog Walker is agreeing to provide their Dog Walking services to the Dog Owner.
We do not provide dog walking services or any other dog or pet care services:
We are a simply the independent provider of an online venue for Dog Owners and Dog Walkers to connect with each other, and to arrange bookings for the provision of dog walking services by Dog Walkers to Dog Owners;
Dog Walkers are self-employed and are not under our control or supervision. Each Dog Walker sets their own rate and availability and will decide how to provide the dog walking services that they offer;
Although we may provide general guidance on our site in relation to the care and safety of dogs, the provision of dog walking services and how to choose a Dog Walker, we do not employ, control or supervise any of the Dog Walkers and do not recommend or endorse any individual Dog Walker, notwithstanding any positive ratings or review that may appear in relation to them;
We do not recommend or endorse any individual Dog Owner, notwithstanding any positive ratings or review that may appear in relation to them;
It is your responsibility to agree with the Dog Owner any specific requirements that you or they may have, including (but not limited to) whether you should or should not provide their dog with treats (and, if they should, whether they are to be provided by you or the Dog Owner).
Dog Walker ID verification, insurance and reviews. As part of our Dog Walker registration process, we undertake ID and insurance checks, and the Go Walkies Platform also provides a mechanism for user reviews to be uploaded:
Dog Walker ID verification. As part of our registration process, we request copies of Dog Walkers’ ID (current passport or driving licence) and proof of address (such as a recent utility bill, etc), which we then use to carry out an electronic identity check via a third party provider. You warrant to us that the ID that you provide is genuine, accurate and up-to-date, and that it relates to you. You further warrant and undertake to us that you will provide your dog walking services personally and that you will never delegate or sub-contract the provision of those services to anyone else.
Insurance. As part of our registration process, we request Dog Walkers to provide a copy of their relevant insurance in respect of the dog walking services that they provide. You warrant to us that the insurance details that you provide are genuine, accurate and up-to-date, and that they relate to you. You further warrant and undertake to us that you will inform us immediately if you cease to hold current, valid insurance, or if you fail to pay the premium(s) for such insurance when due.
Reviews. User reviews are provided on the Go Walkies Platform for information purposes only and reviews should not be relied on as an indication or guarantee of the nature of any dog or in relation to the experience that you can expect in relation to any Dog Owner to which those reviews relate. You acknowledge that this is reasonable because, despite our reasonable efforts, it is possible that reviews may not be genuine.
You should therefore exercise caution and your own independent judgment before contacting, responding to, or accepting any booking from, any Dog Owner through the Go Walkies Platform, or accepting their dog into your custody, and you should take such steps as you consider appropriate before accepting a dog into your custody (this could include, but is not limited to, checking the Dog Owner’s ID and their own dog insurance documents).
Your responsibilities
Accepting bookings from a Dog Owner. You acknowledge and agree that:
you are solely responsible for making decisions that are in your best interests;
we do not provide dog walking or dog care services and that we do not employ, control or supervise you in relation to the dog walking services that you offer via the Go Walkies Platform;
it is your responsibility to choose whether to accept a booking from any individual Dog Owner, to make such enquiries of them as you consider appropriate, and to exercise your own careful judgment in order to reach your decision;
it is your decision, and your decision alone, as to whether to accept a booking from a Dog Owner and to receive their dog into your care and custody;
any booking that you accept in relation to a Dog Owner via the Go Walkies Platform is a private arrangement and transaction between you and that Dog Owner, notwithstanding that the Go Walkies Platform is used to receive and accept bookings for dog walking services and to facilitate the agreed payment for those services; and
you will not use, or agree to any request from a Dog Owner to use, a choke collar, prong collar, e-collar, spray collar or any other form of aversive tool or treatment.
Instructions from the Dog Owner. You acknowledge and agree that it is your sole responsibility to take comprehensive instructions from the Dog Owner relating to the care of their dog, including (but not limited to):
the dog’s care regime;
arrangements for collecting and returning their dog, including any additional steps to be taken in the event of their dog being walked in adverse weather conditions;
the dog’s responsiveness to verbal instructions and what words or intonations should be used;
any triggers that may cause their dog to be alarmed, scared or aggressive, such as traffic noise, sirens, other dogs barking, and whether their dog’s reaction could be extreme;
their dog’s general behaviour, including any aggressive tendencies (particularly in relation to children, but also in relation to you, other adults, other dogs and other animals);
any conditions or allergies that are relevant to their dog’s care or safety;
the use of their dog’s collar, lead and/or muzzle (if non-obvious); and
their emergency contact details.
Insurance. We require all Dog Owners to have insurance for their dog, which must cover their dog’s veterinary treatment (whether arising from illness or injury), loss (including death) and any liability to third parties (including, but not limited to, injuries caused by their dog to other people or their pets, etc). It is your responsibility to satisfy yourself that the Dog Owner has such insurance, and that it covers you to the same extent as it covers them, before receiving their dog into your custody and care.
You must also have your own insurance in place in relation to the dog care services that you provide, which should protect you in relation to any injury or loss that you may suffer in the course of providing your dog walking services (whether or not cause by a dog in your custody and care) and any liability to third parties (including, but not limited to, injuries caused by a dog in your custody and care to other people or their pets, etc). If you do not have such insurance already, we can refer you to a third party insurer who may be able to provide you with appropriate cover (for which we may receive a commission). It is your sole responsibility to choose an insurer and policy appropriate to your needs and we do not recommend or endorse any insurer that we suggest to you (or any policy offered by them).
Compliance with legal requirements. You acknowledge and agree that:
it is your sole responsibility to comply with all legal requirements relating to the provision of your dog walking services, including (but not limited to):
obtaining all appropriate licences, insurance, business tax registrations (including, but not limited to, value added tax) and permits relevant to, and necessary for, the legal provision of dog walking services;
dog collar, dog lead and dog muzzle use; and
dog waste disposal,
and you warrant to us that you are fully compliant in relation to all such requirements; and
we are entitled to rely on equivalent warranties as to compliance with legal requirements that we obtain from Dog Owners, and that we are not responsible for (and shall have no liability to you in respect of) their failure to so comply.
Your suitability and good standing. You warrant to us that:
You are of good character and standing in the community and have no previous convictions (other than road traffic offences for which no custodial sentence was passed or convictions that are “spent” within the meaning of the Rehabilitation of Offenders Act 1974);
You have never been convicted of any offences relating to cruelty to, or neglect of, any animal;
You are not subject to any order or restriction that prevents you from owning, caring for, or having unsupervised contact with, any animal;
You have appropriate experience and expertise in relation to the care, supervision and control of dogs; and
You understand your responsibilities in relation to the control of a dog in your custody, whether under the Dangerous Dogs Act 1991 or otherwise (including, but not limited to, instances of a dog in your control injuring someone or making them worried that it might injure them).
Emergencies
It is your responsibility to ensure that you have the Dog Owner’s contact details so that you can reach them in the event of an emergency concerning their dog or its health or wellbeing, particularly (but not only) if their dog needs urgent veterinary attention. In the event that you do not have emergency contact details for a Dog Owner, or you are unable to reach a Dog Owner when necessary, the Dog Owner has irrevocably authorised you and us (jointly and severally) to:
obtain their dog’s veterinary records from their dog’s veterinary surgeon (and has authorised their dog’s veterinary surgeon to release their dog’s veterinary records to you, us or to such veterinary surgeon as you or we specify); and
arrange and authorise such veterinary attention, care and treatment for their dog as you or we consider to be in their dog’s best interests and they have accepted and agreed that any such decision or action may differ from what they would decide.
If you or we contact the Dog Owner about a requirement for their dog to receive urgent veterinary attention and/or ask them to authorise veterinary care for their dog, and they refuse to authorise it, they have released you and us from any all liability, injury or damage arising from any resulting failure to seek such care.
The Dog Owner has acknowledged that they are solely responsible for the costs of any veterinary care or treatment that their dog needs and has authorised us to charge their credit or debit card, or other method of payment, for any such costs that you or we incur.
If an emergency arises in relation to a dog in your custody and care, and you are unable to reach the Dog Owner, you must contact us as soon as possible. If urgent veterinary care is required for the dog, you should seek and arrange such care and assistance as is required, without delay (and without contacting us if the urgency of the situation so requires).
Dog Owner abscondment and dog abandonment
If the Dog Owner absconds after handing their dog into your custody and care or fails to take back or collect their dog after the end of the period for which you have been engaged to provide dog walking services, the Dog Owner has:
irrevocably authorised you and us (jointly and severally) to:
place their dog into the care of a dog home, the responsible department or agency of the relevant local authority, the RSPCA or any other responsible body or authority, or any other appropriate care setting; and
obtain their dog’s veterinary records from their dog’s veterinary surgeon (and has authorised the veterinary surgeon to release their dog’s veterinary records to you, us, or such care setting into which their dog is to be placed);
agreed to reimburse you and us in full respect of any and all costs and expenses incurred in relation to the above; and
released you and us from any all liability, injury or damage arising from the transfer of their dog to such care setting.
If an issue of Dog Owner abscondment or dog abandonment arises in relation to a dog in your custody and care, and you are unable to reach the Dog Owner, you must contact us as soon as possible. If urgent care is required for the dog, you should seek and arrange such care and assistance as is required, without delay (and without contacting us if the urgency of the situation so requires).
Emergency alternative care.
It may be necessary for us to remove a dog from your custody and care (including, but not limited to, you being injured or becoming unwell, concern for the safety of the dog, you or anyone with you, or if you are identified to us as a person of concern in relation to the care of animals), and we expressly reserve the right to do this where we consider it to be in the best interests of the dog or any person (including you).
Where we consider it necessary to remove a dog from your custody and care, we will use our reasonable endeavours (during our normal office hours) to contact the Dog Owner first, so that we can arrange the immediate return of their dog to their care or discuss and agree with them alternative arrangements for the care of their dog. If we are unable to reach the Dog Owner or the circumstances are such as to justify immediate action, the Dog Owner has:
irrevocably authorised you and us (jointly and severally) to:
take such action and to make such arrangements for the care of their dog as you or we consider appropriate in the circumstances, until such time as they are able to retrieve their dog; and
obtain their dog’s veterinary records from their dog’s veterinary surgeon (and has authorised the veterinary surgeon to release their dog’s veterinary records to you, us, or such care setting into which their dog is to be placed);
agreed to reimburse you and us in full respect of any and all costs and expenses incurred in relation to the above; and
released you and us from any all liability, injury or damage arising from the transfer of your dog to such care setting.
If an issue arises in relation to your ability or willingness to keep a dog in your custody and care, and you are unable to reach the Dog Owner, you must contact us as soon as possible. If urgent care is required for the dog, you should seek and arrange such care and assistance as is required, without delay (and without contacting us if the urgency of the situation so requires).
Our rights to make changes
Minor changes to the App and/or Services. We may change the App and/or Services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the App or Services.
More significant changes to the App, the Services and these terms. In addition, we may make other changes to the App, the Services or these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
Updates to the App. We may update or require you to update the App so that we can continue to provide the Services to you (often, this will be to introduce new features or because the App Store or Google Play require us to update it because of changes or updates to iOS or Android).
Providing the Services
When we will provide the Services. We will provide the Services to you for so long as you maintain your account with us, unless you or we terminate the contract.
You can cancel your account with us at any time by emailing us at [email protected].
We are not responsible for events outside our control. We shall not be in breach of these terms or liable for any delay or failure to perform any of our obligations under the contract, where such delay or failure is due to events, causes or circumstances beyond our reasonable control.
Charges and payment
Our charges. When a Dog Owner books a Dog Walker through the Go Walkies Platform, we will charge the Dog Owner a fee for doing so (the Service Fee). The Service Fee is equal to 15% of the Walk Fee (as defined below) and is payable to us in addition to the Walk Fee (for example, if the Walk Fee is £20, the Dog Owner will also have to our Service Fee, which would be £3, making a total of £23).
Dog Walkers’ charges. The sum that the Dog Owner agrees to pay to the Dog Walker for their dog walking services (the Walk Fee) is payable directly to you by the Dog Owner.
Payment of Walk Fees and Service Fees. For your convenience, both the Dog Walker’s Walk Fee and our Service Fee will be charged to the Dog Owner’s nominated credit or debit card as one payment. The single charge will then be split by our third party payment services provider (Stripe), who will separately pay the Service Fee to us and the Walk Fee to you. We do not process or collect Walk Fees on your behalf; they are paid directly by the Dog Owner to you via Stripe.
Cancellations and refunds. We understand that circumstances sometimes change and that it may be necessary for you or a Dog Owner to cancel a booking:
Cancellations by Dog Owners. Our App allows Dog Owners to cancel a booking up to 10 minutes before the scheduled start time of the booking. Provided the Dog Owner cancels no later than 10 full minutes before the scheduled start time, both the Service Fee and Walk Fee will be refunded to them. Cancellations and refunds are subject to fair use and we expect cancellations to be infrequent events. Accordingly, we reserve the right to suspend a Dog Owner’s account if this facility is abused.
Cancellations by you. Booking are firm once confirmed. If exceptional circumstances arise and you need to cancel a booking, you must contact the Dog Owner and request them to cancel. Cancellations are subject to fair use and we expect them to be infrequent events. Accordingly, we reserve the right to suspend a Dog Walker’s account if this is abused.
Events beyond the reasonable control of Dog Owners and/or Dog Walkers. Neither Dog Owners nor Dog Walkers shall be liable to the other, or to us, for any delay or failure to perform their obligations to each other, or to us, where such delay or failure is due to events, causes or circumstances beyond their reasonable control, provided that a Dog Walker who is prevented from providing dog walking services shall refund the Walk Fee (and we shall refund the Service Fee).
Processing of payments. Payment processing services are provided by Stripe:
Payment processing services are subject to:
the Stripe Services Agreement (https://stripe.com/gb/legal); and
(in respect of Dog Walkers) the Stripe Connected Account Agreement (https://stripe.com/gb/connect-account/legal),
(together, the Stripe Terms).
To use the Go Walkies Platform to receive Walk Fees, you will be asked to set up a Stripe account and accept the Stripe Terms.
You authorise us to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account in order to facilitate the payment of Walk Fees by Dog Owners and the refund of Walk Fees to Dog Owners.
You agree to provide accurate and complete information about you and your business, and you authorise us to share that information, and transaction information, with Stripe in connection with the payment processing services that they provide.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, up-to-date payment information. If so, this will have been stated on our website or in the App. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We can charge interest if you pay late. If you owe us any money and do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Taxes. You acknowledge that it is your sole responsibility to declare and pay any applicable taxes in respect of Walk Fees, including (but not limited to) income tax and VAT. If you are registered for VAT, then the Walk Fee is deemed to include VAT at the prevailing rate.
Reviews and other postings
The following content standards set out in this clause apply to any review or other materials that you post on the Go Walkies Platform (each a Contribution).
These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our sole discretion, whether a Contribution breaches these content standards.
A Contribution must:
be accurate (where it states facts);
be genuinely held (where it states opinions); and
comply with the law applicable in England and Wales.
A Contribution must not:
be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote sexually explicit material;
include child sexual abuse material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal content or activity;
be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person or misrepresent your identity or affiliation with any person;
give the impression that the Contribution emanates from us, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
contain any advertising or promote any services or web links to other sites.
When we consider that a breach of these content standards has occurred, we may take such action as we deem appropriate, and breach of them constitutes a material breach of these terms, which may result in us taking any of the following actions:
immediate, temporary or permanent withdrawal of your right to use the Go Walkies Platform;
immediate, temporary or permanent removal of any Contribution uploaded by you;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Prohibited uses
You may use the Go Walkies Platform only for lawful purposes. You may not use the Go Walkies Platform:
to arrange for the provision of dog walking services to a Dog Owner and then complete transactions for those services outside of the Go Walkies Platform;
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to bully, insult, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as set out in clause 13;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Go Walkies Platform;
not to access without authority, interfere with, damage or disrupt:
any part of the Go Walkies Platform;
any equipment or network on which the Go Walkies Platform is stored or hosted;
any software used in the provision of Go Walkies Platform; or
any equipment or network or software owned or used by any third party.
Interactive features
Whilst we will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Go Walkies Platform, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Go Walkies Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, as set out in clause 13, whether the service is moderated or not.
Suspension of Services
We may suspend the supply of Services to you:
to deal with technical problems or make minor technical changes;
to update the Services or the App to reflect changes in relevant laws and regulatory requirements;
to make changes to the Services or the App as notified by us to you (see clause 10); or
if you do not pay us any money that you owe us or if you breach these terms or if (in our sole discretion) we consider that your conduct on the Go Walkies Platform is dangerous, inappropriate, disrespectful of Dog Owners or other users, or is otherwise undesirable or unacceptable, or we consider it necessary to protect the safety or best interests of dogs, Dog Owners or other users or members of the public or us.
Ending the contract between us
Our rights to end the contract. We may end the contract at any time by giving you seven days’ prior written notice. We may also end the contract immediately on giving you written notice in any of the circumstances detailed in clause 16(d).If you have any outstanding payment obligations, or any outstanding obligations or liabilities under clauses 6, 7 or 8, these will survive the termination of the contract.
Your rights to end the contract. You may end the contract at any time, simply by closing your user account, in which case the contract will end immediately or, if you have made any bookings for dog walking services that have not yet been completed, upon completion of those services. If you have any outstanding payment obligations, or any outstanding obligations or liabilities under clauses 7, 8 or 9, these will survive the termination of the contract.
Your responsibility for disputes with Dog Owners and for loss or damage suffered by us.
Disputes with Dog Owners. If you have a dispute with, or claim against a Dog Owner, you agree to pursue any such dispute or claim solely against them and you agree to release us from (and, as against us, waive) all claims, demands, liabilities, costs, expense, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses), suffered or incurred by you arising out of or in connection with any such dispute or claim.
We are not liable for the actions of Dog Owners. You agree that in no event shall we be liable for the acts or omissions (whether deliberate, accidental or negligent) of a Dog Owner or for the behaviour of their dog.
Your indemnity to us. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
your breach or negligent performance or non-performance of these terms;
the enforcement of these terms;
Any claim made against us by a Dog Owner arising out of or in connection with the dog walking services provided to them;
any claim made against us by a Dog Owner or a third party for death, personal injury or damage to property arising out of or in connection with the dog walking services provided by you or a dog in your custody.
Our responsibility for loss or damage suffered by you if you are a consumer
We provide the Services to Dog Walkers operating their own, self-employed professional dog walking business and, as such, our liability to you is governed by clause 21. If (and only if) you are for any reason deemed to be a consumer, then the provisions of this clause 20 shall apply instead.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
When we are liable for damage caused by our App. If our App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by applying an update offered to you by the App Store or Play Store.
We are not liable for business losses. We only supply the Services to you for domestic and private use. If you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 21.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 21.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £50, which you acknowledge to be fair and reasonable on the basis that we only supply the Services for domestic and private use.
How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our privacy policy.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
