Terms & Conditions

2. Acceptance of Terms

2.1 By accessing or using pawking.com.au, you (“You” or “Your”) agree to comply with and be legally bound by these Terms and Conditions (“Terms”), whether or not you register as a User.

2.2 These Terms constitute a legally binding contract between you and BUMPLE, including without limitation all policies and guidelines incorporated by reference. If you do not agree to these Terms, you must not use pawking.com.au in any way, including to contact, communicate with, or otherwise obtain information from Users via the Platform.

3. Nature of Services

3.1 pawking.com.au is an online marketplace operated by BUMPLE, providing a platform for Owners to connect with Service Providers for Pet Services.

3.2 BUMPLE does not itself provide Pet Services and is not a party to, nor is it responsible for, any Booking. BUMPLE is not a party to, nor is it responsible for, any agreement for Pet Services between Owners and Service Providers.

3.3 All Pet Services are provided directly by Service Providers, who are independent contractors and not employees, agents, or representatives of BUMPLE.

3.4 BUMPLE does not, nor does it have any obligation to, monitor, supervise, control or direct Service Providers in the performance of any contractual obligations they may have to an Owner under or in connection with a Booking. The Booking is a direct contractual arrangement between the Service Provider and the Pet Owner and BUMPLE or any of its directors, associates or employees have no control over or are responsible for any actions, or the omissions of the Service Providers, Pet Owners, pets or anyone who uses pawking.com.au. By signing up for the service, the Service Provider and the Pet Owner or anyone directly or indirectly associated with the service indemnify BUMPLE and its directors, associates and employees. BUMPLE disclaims all liability to the maximum extent permitted by law.

4. Eligibility and User Obligations

• 4.1 Users must be at least 18 years of age and have legal capacity to enter into binding agreements.
• 4.2 Users must comply with all applicable laws and regulations, including those relating to animal welfare, local council by-laws, and tax obligations.
• 4.3 Owners are responsible for ensuring their pets are appropriately vaccinated, microchipped, and registered as required by law.
• 4.4 Service Providers must hold all necessary permits, licences and insurance as may be required to provide Pet Services in their respective states and territories in Australia.
• 4.5 Users must provide accurate, current, and complete information during registration and keep their Account information updated.

5. Registration and Account Security

5.1 Pet Owners

6. User Conduct and Platform Use

6.3 BUMPLE reserves the right to remove Content or suspend Accounts for breaches of these Terms.

• 6.1 Users must use pawking.com.au in good faith and for lawful purposes only.
• 6.2 Users must not:

• a) Solicit or provide services outside pawking.com.au to circumvent Service Fees.
• b) Post or transmit any unlawful, defamatory, or offensive Content.
• c) Infringe the intellectual property rights of others.
• d) Impersonate any person or entity or misrepresent their affiliation.
• e) Use automated means to access or interact with pawking.com.au.

7. User Content and Intellectual Property

• 7.1 Users retain ownership of Content they submit but grant BUMPLE a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display such Content for the purposes of operating and promoting pawking.com.au.
• 7.2 Users warrant that they have all necessary rights to submit Content and that such Content does not infringe any third party rights.
• 7.3 BUMPLE and its licensors retain all rights in pawking.com.au and its Content, except for User Content.

8. Bookings, Fees, and Payment Terms

• 8.1 All Bookings must be made and paid for via pawking.com.au.
• 8.2 Owners agree to pay the Service Provider’s fee and any applicable Service Fee as displayed at the time of Booking.
• 8.3 BUMPLE acts as a limited payment collection agent for Service Providers, collecting payment from Owners and remitting the balance (less Service Fees) to Service Providers after completion of the Pet Services.
• 8.4 Payments are held in escrow by BUMPLE until the Service Provider confirms completion of the service via pawking.com.au.
• 8.5 All fees are quoted in Australian Dollars and include GST where applicable.
• 8.6 BUMPLE may change its fees at any time by updating pawking.com.au.

9. Cancellations and Refunds

• 9.1 Service Providers may select a cancellation policy (Flexible, Moderate, or Strict) for their services, which will be displayed on their profile.
• 9.2 Owners may cancel Bookings in accordance with the applicable cancellation policy. Refunds will be processed in accordance with that policy.
• 9.3 If an Owner cancels a Booking more than 24 hours before the scheduled service, a full refund will be provided.
• 9.4 If an Owner cancels within 24 hours of the scheduled service, 25% of the fee will be retained as a service charge, and the balance refunded.
• 9.5 If a Service Provider cancels a Booking, the full amount will be refunded to the Owner within 1 business day (subject to banking systems).
• 9.6 Service Fees are non-refundable except where required by law or where the Service Provider cancels the Booking.
• 9.7 Repeated or unjustified cancellations by Service Providers may result in suspension or termination of their Account.

10. Failure to Retrieve Pets

• 10.1 If an Owner fails to retrieve their pet within 3 days after the agreed service period, the Service Provider may, at their discretion and in accordance with applicable law, arrange for the pet to be placed in foster care, a shelter, or with relevant authorities.
• 10.2 The Owner is responsible for all costs incurred as a result of failure to retrieve their pet.

11. Medical Emergencies and Veterinary Care

• 11.1 Owners must provide up-to-date emergency contact and veterinary information.
• 11.2 In the event of a medical emergency, the Service Provider will make reasonable efforts to contact the Owner. If the Owner cannot be reached, the Service Provider is authorised to seek veterinary care as reasonably required. The Pet Owner acknowledges, agrees and authorises any actions to be taken with respect to the Pet which the veterinarian or medical practitioner recommends.
• 11.3 Owners are responsible for all costs associated with veterinary care provided during a Booking. Each Owner agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Owner’s Pet under a Booking may be charged directly to the Owner’s credit card.
• 11.4 In the event of a pet receiving medical assistance, the Owner must, to the maximum extent permitted by law:

• a) Indemnify the Service Provider for any and all reasonable costs, liabilities and expenses incurred with medical assistance and care; and
• b) Indemnify BUMPLE and its directors, employees, associates and representatives in connection with the costs, liabilities and expenses associated with medical assistance and care.

12. Insurance and Liability

• 12.1 BUMPLE recommends that all Service Providers obtain appropriate insurance for the provision of Pet Services.
• 12.2 BUMPLE may arrange third party public liability insurance for Service Providers, subject to the terms and exclusions of the relevant policy. Details of any such insurance will be made available on pawking.com.au.
• 12.3 The insurer is responsible for handling and settling of claims. The Pet Owner acknowledges and agrees that in the event of any claim against the Service Provider under a third party insurance performed in connection with the Booking, BUMPLE will forward any information you provide about the claim to the insurer.
• 12.4 Furthermore, the third party insurance services do not create any rights or claims for users against BUMPLE nor does it take away responsibility from the Service Provider. The users acknowledge that they have no right to assert any contribution, offset or indemnification from BUMPLE with respect to any liability of a user for property damage, personal injury, injury to family members or any other person.
• 12.5 BUMPLE is not responsible for any costs incurred by the Service Provider or Pet Owner in the event they want to amend or cancel their travel plans due to unforeseen circumstances or any compensation for emotional stress, ongoing expenses, income loss caused or related to a Booking or third party insurance in connection with the Booking.
• 12.6 BUMPLE does not guarantee the adequacy or availability of insurance and is not responsible for the outcome of any insurance claim.

13. Property Damage

• 13.1 BUMPLE is not responsible for any property damage caused by pets or Service Providers during the provision of Pet Services.
• 13.2 Any disputes regarding property damage must be resolved directly between the Owner and the Service Provider.
• 13.3 The users agree to release and indemnify BUMPLE and its associates for any property damage whatsoever, to a User’s property directly or indirectly caused by the Pet Services. The users acknowledge and hereby indemnify, release and hold harmless BUMPLE with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Services, including with respect to any damage of property.

14. Risk and Disclaimers

• 14.1 Users acknowledge that the provision and receipt of Pet Services involves inherent risks, including injury, illness, or death to pets, persons, or property.
• 14.2 pawking.com.au and all Content are provided “as is” and “as available”. To the maximum extent permitted by law, BUMPLE disclaims all warranties, express or implied, including fitness for purpose, merchantability, and non-infringement.
• 14.3 BUMPLE does not warrant the accuracy, reliability, or suitability of any Content or User.

15. Indemnity

• 15.1 Users agree to indemnify and hold harmless BUMPLE, its officers, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising out of or in connection with:

• a) Any breach of these Terms;
• b) Any Content submitted by the User;
• c) The provision or receipt of Pet Services;
• d) Any act or omission of the User.

16. Termination and Suspension

• 16.1 BUMPLE may suspend or terminate a User’s Account at any time for breach of these Terms or for conduct deemed detrimental to pawking.com.au or its users.
• 16.2 Users may cancel their Account at any time by contacting BUMPLE.
• 16.3 Upon termination, any outstanding obligations (including payment of fees) survive.

17. Privacy and Confidentiality

• 17.1 BUMPLE collects, uses, and discloses personal information in accordance with its Privacy Policy, available on pawking.com.au.
• 17.2 Users must not use personal information obtained via pawking.com.au for any purpose other than as necessary for the provision or receipt of Pet Services.

18. Third Party Links and Services

• 18.1 pawking.com.au may contain links to third party websites or services. BUMPLE is not responsible for the content, availability, or practices of such third parties.
• 18.2 Use of third-party services is at the User’s own risk and subject to the terms of those third parties.

19. Feedback and Reviews

• 19.1 Users may submit reviews and feedback regarding other Users and Pet Services.
• 19.2 BUMPLE may moderate, remove, or refuse to publish reviews that are false, misleading, defamatory, or otherwise inappropriate.
• 19.3 By submitting feedback, Users grant BUMPLE a licence to use, reproduce, and display such feedback in connection with pawking.com.au.

20. Miscellaneous

• 20.1 These Terms constitute the entire agreement between the User and BUMPLE regarding the use of pawking.com.au.
• 20.2 BUMPLE may amend these Terms at any time by posting updated Terms on pawking.com.au. Continued use of pawking.com.au constitutes acceptance of the amended Terms.
• 20.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
• 20.4 Users may not assign their rights or obligations under these Terms without the prior written consent of BUMPLE.

21. Governing Law and Jurisdiction

• 21.1 These Terms are governed by the laws of Victoria, Australia. Users submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising under or in connection with these Terms or the use of pawking.com.au.

22. Contact Information

For any questions or notices regarding these Terms or pawking.com.au, please contact:

BUMPLE PTY LTD ACN 689 489 843

Registered Address: PO Box 1005, Mountain Gate, VIC 3156

Email: leo.pawking@gmail.com

Contact Number: +61-493244370

23. Risk Management

Notwithstanding anything in these Terms to the contrary, BUMPLE and its directors, employees and associates are in no way responsible for whether any services mentioned are suitable for a particular pet. It is the sole responsibility of the Owner and Service Provider to determine the suitability of any Pet Services for a particular pet, taking into account the pet’s health, temperament, and any other relevant factors. BUMPLE does not provide any advice or recommendations regarding the suitability of Pet Services for individual pets.