PetSpace Terms & Conditions – Contract
1 – DEFINITIONS AND INTERPRETATION
1.1 In these Terms the following expressions will have the following meanings unless inconsistent with the context:
“Contract” any contract entered into between Pet Owner, Pet Carer and PetSpace.je via the PetSpace.je platform pursuant to which any Service on the petspace.je platform is to be provided;
“Fees” the booking fee or commission taken by PetSpace.je (and or the used payment platform) in respect of any online booking and payment platform charges;
“Introducer/Introduction” the online platform PetSpace.je will be the introducer between the Pet Owner and the Pet Carer;
“Order/Booking” any service booked via the PetSpace.je platform and payment of such services;
“Pet” the Pet (s) or other Pet(s);
“Pet Carer” any individual or individuals providing Services on PetSpace.je;
“Pet Owner” registered user of the PetSpace.je platform;
“Pet Schedule” the pet schedule and inventory completed by PetSpace.je on the basis of the information provided from the Pet Owner and/or Pet Carer in respect of the Pet;
“PetSpace.je” the online platform that connects individuals or other for the purposes of securing pet services and thus all parties entering into a contract with PetSpace.je;
“Service” Provision of paid or unpaid Pet Services as set out on the PetSpace.je platform;
“Terms and Conditions” the standard terms and conditions of supply set out in this document together with any special terms agreed in writing between PetSpace.je and the Pet Owner and or Pet Carer.
“User” any persons or other registered with PetSpace.je.
1.2 You may have other rights granted to you by law in addition to those set out in these Terms and Conditions, which we may not exclude. These Terms and Conditions do not affect those other rights granted by law.
2 – FORMATION
2.1 Where a booking for services are made via the website will be deemed to be an offer by the Pet Owner to purchase services from the Pet Carer.
2.2 The Pet Carer must ensure that any Order placed by a Pet Owner must be fulfilled as described within their advertised profile of services on PetSpace.je, except in such situations beyond the Pet Carers control and in such situations the Pet Carer must inform the Pet Owner in good time. The Pet Carer must ensure that they have notified the Pet Owner of their relevant cancellations policies and adhere to such policy.
2.3 The Pet Owner accepts that occasionally services offered on PetSpace.je by a Pet Carer may vary.
2.4 If an error has occurred during a booking on PetSpace.je, the Pet Owner and/or Pet Carer must immediately make contact with both each other AND PetSpace.je, so that any revisions or refunds may be considered and if possible executed. PetSpace.je will use its reasonable endeavours to take into account such changes (but cannot guarantee that it will do so). (Refunds may take 10-15 working days). If the error or revision is the result of the Pet Owner and or Pet Carer an administration fee may be applied by Petspace.je.
2.5 If PetSpace.je or the Pet Carer is unable to accept an Order/Booking, PetSpace.je or the Pet Carer will inform the Pet Owner of this in writing as soon as reasonably practicable.
2.6 Users of PetSpace.je must give full disclosure of any unspent criminal convictions to the parties that they engage with (ie between the Pet Owner and Pet Carer) for the purposes of securing/accepting a service/s (not withstanding the Rehabilitation of Offenders (Jersey) Law 2001). Pet Owners may request proof of: business registration, relevant licence or training, police check or DBS from a Pet Carer.
2.7 All Users of this website do so entirely at their own risk and are not the responsibility of Petspace.je or its employees. Users must be 16 years and older.
2.8 If using the booking platform Pet Carers must supply the requested identification documents after registering for an account. Failure to do so within a reasonable period of time not exceeding 8 weeks of registration may result in removal from the website. In the event of any changes in personal documentation (eg new passport issued) the Pet Carers agrees to upload updated documents as soon as reasonably practicable.
3 – SERVICES
3.1 PetSpace.je provides both an introductory and online marketplace for Pet Owners and Pet Carers, in respect of the Pet. Your point of contact should be the Pet Carer/Pet Owner.
3.2 PetSpace.je reserves the right at its absolute discretion to revise any order/booking and or to remove any registered user from its platform (at the User’s cost – an administration fee will be charged). PetSpace.je reserves the right to amend any booking, service or remove User if:
- An alternative Pet Carer is required for any reason;
- It is necessary to remove a User from the PetSpace.je platform if;
- The user shows any signs of abuse, aggression, falsification, mis-use; or
- The user behaves in any way which contradicts the terms of this contract.
3.3 Users of the PetSpace.je website are NOT employees of PetSpace.je. A Pet Carer offering a service on the website are not employed by PetSpace.je and are considered self-employed. There is no employment contract between PetSpace.je and its Users.
3.4 Pet Carers must disclose their cancellation policy to the Pet Owner. In the event of a service cancellation, the relevant cancellation policy must be adhered to with appropriate notice and any refunds due are the responsibility of the Pet Carer (ie a refund payment is issued by the Pet Carer and not by Petspace.je).
4 – PRICE
4.1 The price for Services listed on the PetSpace.je platform are exclusive of any GST and it is the Pet Carers responsibility to ensure any GST due must be declared and paid directly to Jersey Customs.
4.2 A booking fee is applied when the Pet Owner reserves a service and is exclusive of GST. It is the responsibility of the registered Pet Carer to ensure they declare any and all earnings made via the PetSpace.je website in respect of Jersey Income Tax; Jersey Social Security (and Jersey ManPower/Population in relation to any staff/employee declarations required by Jersey law). Booking fees are currently charged at a percentage per booking.
4.3 PetSpace.je will be entitled to increase its Fees at any time and will endeavour to give advance notice of such changes.
4.4 PetSpace.je reserves the right to charge administration fees in respect of requested User administrative changes to User Profiles and Services; changes to Identification documents; cancellations; accidental orders/bookings; closure of registered account; disputes; or any other administration burden requested by the User.
4.5 Notification by a Pet Owner and or Pet Carer of any cancellation must be to PetSpace.je in writing.
5 – INDEMNITY
5.1 PetSpace.je and it’s employees merely act as an introductory and online marketplace and therefore takes absolutely no responsibility for any loss, injury, accident, death, dispute, negligence or any such incident or event that may be cause any type of legal action from or by its Users directly or indirectly. It is therefore automatically accepted by all registered Users that they do so entirely at their own risk. The registered User accepts that they will never pursue legal action against PetSpace.je or it’s employees.
5.2 PetSpace.je does not take any responsibility for any mis-use of the website or any failed introductions of Pet Owner and Pet Carer. Any disputes between such parties are not the responsibility of PetSpace.je or it’s employees.
5.3 The Users of PetSpace.je acknowledge that they have mutually and formally disclosed (between Pet Owner and Pet Carer) full disclosure in respect of the Pet which is of the utmost importance in safeguarding the health and welfare of both the Pet, PetSpace.je, the Pet Carer and third parties. The Pet Owner therefore warrants that:
5.3.1 all information relevant to the provision of the Services has been disclosed to the Pet Carer;
5.3.2 the Pet has no behavioural problems;
5.3.3 the Pet does not scratch, chew or bite, other than in relation to food;
5.2.4 the Pet has never attacked a human being or another Pet;
5.3.5 the Pet has never been used as a guard Pet, Police Pet, for hunting or for any purpose whereby it would be trained to attack;
5.3.6 the Pet is not suffering from any illness which may be transmitted to or cause ill health to humans or other animals;
5.3.7 the Pet is fully vaccinated as recommended by the Jersey or British Veterinary Association and has been treated against fleas and worms.
5.4 Users agree to indemnify, keep indemnified and hold harmless PetSpace.je and its employees from and against all direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, negligence, depletion of goodwill and similar loss), liabilities, injuries, damages, death, claims, demands, proceedings or legal costs and judgements which the User incurs or suffers as a consequence of direct or indirect breach of any of the provisions of this document.
5.5 Pet Carers acknowledge that by using the PetSpace.je website they have sought appropriate and relevant insurance (including public liability) in order to fully cover themselves, the Pet Owner, the pet and the services they provide. It is the responsibility of the Pet Owner and Pet Carer to ensure that they have notified each other of relevant insurance coverage or not. PetSpace.je will not be held responsible for such insurances or lack thereof nor does it offer any insurance coverage to Users.
5.6 It is the Pet Carer’s responsibility to adhere to any relevant legislation or best practice for animal safety and welfare.
6 – LIMITATION OF LIABILITY
6.1 PetSpace.je exclude its liability to all Users, persons or animals introduced via it’s website for personal injury; death of humans or animals resulting from PetSpace.je’s negligence, fraud or fraudulent misrepresentation or for any matter for which PetSpace.je may not exclude or to attempt to exclude its liability.
6.2 PetSpace.je has it’s own Professional Indemnity cover and Cyber Liability insurance.
6.3 PetSpace.je is not liable for business losses or interruption even if it is as a result of its own website failure. PetSpace.je offers the online marketplace for domestic and private use. The User agrees not to use the platform for any commercial, business or re-sale purpose and PetSpace.je will have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7 – FORCE MAJEURE
PetSpace.je will not be liable to any User in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in performance of any Contract/Booking/Order/Service if it is due to any event beyond PetSpace.je’s reasonable control.
8 – TERMINATION
8.1 Either PetSpace.je or the User may by notice in writing serve on the other terminate usage of website immediately if the other is in material breach of any of the terms of the Contract and, where the breach is capable of remedy, the party in breach fails to remedy such breach within 5 days’ service of a written notice from the other, specifying the breach and requiring it to be remedied.
8.2 To withdraw from use of PetSpace.je, please let PetSpace.je know in writing via email (petspacejersey@yahoo.com) or via message to 07797746165.
8.3 The termination of usage howsoever arising is without prejudice to the User’s or PetSpace.je’s rights, duties and liabilities accrued prior to or on termination. The conditions which expressly or by implication have effect after termination will continue to be enforceable after termination.
9 – GENERAL
9.1 Each booking or introduction is personal between the Pet Owner and the Pet Carer and may not be assigned, held on trust, licence or sub-contracted all or any of Your rights or obligations under any Contract without PetSpace.je’s prior written consent.
9.3 PetSpace.je and the User intend that any of the terms of these Terms & Conditions will be enforceable by virtue of Jersey Law.
9.4 By registering with PetSpace.je you (the registered User) acknowledge and allow PetSpace.je to use your personal details for the purposes of connecting you with Services in accordance with our Privacy Policy. Users of this website agree to update their data when necessary within their Profile (under Dashboard) or contact Petspace.je (petspacejersey@yahoo.com). PetSpace.je will not use your details for other purposes without asking your consent. A copy of our Privacy Policy can be found on our website.
10 – COMPLAINTS HANDLING
10.1 Initial complaints must handled between the registered Users. However PetSpace.je will try to resolve any formal disputes with registered users quickly and efficiently.
10.2 If you are unhappy with:
10.2.1 the Services;
10.2.2 PetSpace.je’s service to you generally; or
10.2.3 any other matter, please contact PetSpace.je as soon as possible in writing via email (petspacejersey@yahoo.com) or via message on 07797746165.
10.3 If PetSpace.je and the User cannot resolve a dispute using PetSpace.je’s internal complaint handling procedure, PetSpace.je will:
10.3.1 let you know that PetSpace.je cannot settle the dispute with you; and
10.3.2 give you certain information required by law about our alternative dispute resolution provider.
11 – JURISDICTION
These Terms and Conditions and the rights, obligations and relationships of the parties hereto under these Terms and Conditions shall be governed by and construed in accordance with the laws of Jersey.
