1. DEFINITION OF TERMS
a. The website petswapusa.com is owned wholly by Maui Industries Inc., of the USA.
b. the URL petswapusa.com is the website presented in this agreement or such other URL that we may provide the same service.
The following terms are defined for the agreement as follows unless contextually a different meaning is required:
c. "petswapusa.com", "petswapusa", "Pet Swap USA Limited", "us", "our" or "we" will refer to Pet Swap USA, which is a "DBA" name under Maui Industries Inc..
d. "Member", "registered Member", "Standard Member", "Premium Member", "registrant", "user", "your", "yourself" or "you" is used, this refers specifically to you, the person registering, joining, accessing and using the web services we provide either via payment-based membership or/and through free-registration.
e. "Agreement" means the agreement between Pet Swap USA and you, incorporating the conditions set out here for the provision of the service(s).
f. "The Pet Swap USA Service", "Service", "Services", means any service provided to you by us including, but not inclusive to, your ability to create and post your details on the website Pet Swap USA, your ability to view Member details (profile), and your ability to communicate with other Members.
g. "Website", "Internet site" or/and variants of refers to the domain name Pet Swap USA or any other domain name that we select to point to the same set of services that we may offer.
h. "Liability", "Liable" and variants there of refer to the liability for claims, proceedings, costs, awards, damages, expenses and any other losses and /or liabilities.
2. INTRODUCTION
This Agreement is a legal document that sets out your rights and obligations, and those of Pet Swap USA, in relation to this site and the services offered. It must be read in conjunction with the Privacy Policy, which together form the entire agreement, before attempting to register.
By registering on this website you are deemed to have accepted all the terms of this agreement, agree to all the conditions therein, and you reaffirm that agreement every time you use it.
Visitors to the Pet Swap USA Service who do not register to become a Member similarly affirm that they are bound by this Agreement each time they access the Pet Swap USA Service.
You should be aware that this Agreement may change from time to time in accordance with Clause 27 below.
3. ELIGIBILITY
a. People who register for the Pet Swap USA Service must be at least 18 years of age.
b. Children who wish to benefit from this site must get their parent(s) to register.
c. by registering you agree not to place material on, or otherwise use, the Pet Swap USA Service if you are involved in any way with a company (whether private or limited) that indirectly or otherwise provides a pet sitting or pet minding service(s).
4. TYPES OF MEMBERSHIP
People who register for the Pet Swap USA Service become "Members".
Membership divides between those who decide to pay our fee for a full annual membership (which we call "Premium Members" or "Premium Membership"), and those who do not ("Standard Members" or "Standard Membership").
Members are notified by e-mail whenever another Member registers, provided the distance between the two Members' homes is within the chosen 'search range' of each Member.
Pet Swap USA lists, for each Member, all other Members where the distance between their homes is within both their chosen search ranges.
Premium Members may view the details and send/receive a message to/from any such listed Member.
5. NOTE: You do not need to upgrade to Premium Membership until you wish to send a message through us to a fellow Member. If you decide to upgrade to Premium Membership, and therefore pay our Premium Membership fee, you are agreeing to take the Premium Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee once you have used our service to contact another member. Your Premium Membership lasts for 12 months. If you wish to continue with Premium Membership after this period expires, we will enable you to do so, at our then-current terms, conditions and prices. But we reserve the right to change the amount of the fee for Premium Membership, the period that it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 11 or Clause 12 below, will not affect your then-current Premium Membership.
6. REGISTRATION
You undertake to register for the Pet Swap USA Service using accurate and current information about yourself, including your correct name, address, or any other requested details.
You agree that all the details you add to your 'Preferences/Requirements' box are true, accurate and in no way misleading or misrepresent any material facts.
You agree to be solely and wholly responsible for the information you supply to Pet Swap USA.
You agree not to post or communicate any illegal, sexist, racial, obscene, threatening, slanderous, libellous, religious or sexually offensive, material of any kind including but not restricted to material which is viewable or receivable by other Members. This includes the use of commonly-acknowledged suggestive or 'swear' words. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that:
(i) you are fully entitled to use that card, and
(ii) it has available funds sufficient to cover the charges which are deducted from it.
7. PET SWAP USA's ROLE
You, whether a Premium Member, Standard Member, or a visitor to the Pet Swap USA Service, acknowledge that we are not and cannot be responsible for the behaviour of Members or their pets. This applies to the Pet Swap USA Service or outside of it. We only provide a means by which the Pet Swap USA Service may be accessed.
We do not guarantee that you will be contacted by any Member.
In particular, you should note that Pet Swap USA does not necessarily monitor the material contributed by Members.
Should you arrange a meeting with any Member, you agree that you do so solely and fully at your own risk and that your safety and that of your pet's is your own responsibility and without the scope of Pet Swap USA. You also undertake to exchange (and check the veracity of) some form of reliable photo-identity document (eg passport or photo-driving licence) when you first meet a Member contacted through Pet Swap USA to verify their identity and confirm that person really is the Member contacted through Pet Swap USA. Should you arrange to look after another person's pet you agree that you will obtain adequate pet insurance that includes appropriate third party liability cover.
You indemnify Pet Swap USA, its shareholders, principals, staff, representatives and agents fully against such responsibility and risk to your well being.
You undertake that you will take all precautions necessary to ensure your own safety.
You accept that in the event that you have a dispute with one or more members you release Pet Swap USA from claims, demands and damages, actual and consequential of any kind or nature known or unknown suspected or unsuspected, disclosed and undisclosed arising out of or in any way connected to such disputes.
8. DISCLOSURE
We will not normally communicate such of a Member's personal information to third parties seeking its disclosure, but reserve the right to do so in satisfying a legally-compliant request (for example, a court order).
9. PRIVACY POLICY
Pet Swap Usa's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in these policies.
10. OTHER SERVICES
From time to time Pet Swap USA may offer new or additional services through the Pet Swap USA Service. Use of such services may be subject to additional terms and conditions, or rules of use, which you must comply with.
Provided that those terms or rules are notified to you on the Pet Swap USA Service in an appropriate manner (as determined by Pet Swap Usa in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
11. OPERATION
Pet Swap USA reserves the right to withdraw or modify one or more aspects of the Pet Swap USA Service where we have legal or technical reasons to do so (including technical difficulties experienced by Pet Swap USA or on the Internet). There may also be times when the Pet Swap USA Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Pet Swap USA Service.
Your use of the website is at your own risk. We do not warrant that the Pet Swap USA website is compatible with your computer equipment or that the website or its server is free of viruses and we are not liable for any damage you may suffer as a result of such destructive features. Subject to the provisions on these Terms and Conditions, if you are dissatisfied with the website, your sole remedy is to discontinue use of the website.
Save in respect of fraud and of personal injury or death to the extent it results from our negligence, in no event shall we be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if we have been advised of the possibility thereof.
12. SITE USE
Members of the Pet Swap USA Service must not:
a. include an e-mail address, postal address, telephone contact details, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the Pet Swap Usa Service (Premium Members, and the recipients of their e-mails, can share this information, should they wish, once direct contact has been made)
b. use your access to the Pet Swap Usa Service, or information gathered from it, for the sending of unsolicited bulk e-mail (also known as spam or spaming).
You accept that the website is provided as an information service only and does not intend to create any legal relations between you and us in relation to the provision of Pet Sitting services. You agree that if you are contacted by a third party who has obtained your details from a Member that you shall refuse to agree to any contract with that third party and notify Pet Swap USA immediately.
13. SITE MISUSE
We reserve the right:
a. to suspend or terminate any Member's access to the Pet Sitter Swap Service, or parts of it, and/or
b. to edit, or require the Member to edit, material posted on the Pet Swap USA Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the Pet Swap USA Service without our prior consent.
You are responsible for everything which is done on or through the Pet Swap Usa Service while your Membership account is logged on to the Pet Swap Usa Service, or through your e-mail address(es).
14. FEES
a. You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Pet Swap Usa Service.
b. Pet Swap Usa has a 7-day cooling-off policy in which you are entitled to delete your membership fee. Provided that you have not used Pet Swap Usa to contact other members, your $0.00 fee will be refunded on a no-questions-asked basis.
d. Fees paid by a Premium Member will not be rebated or refunded by Pet Swap Usa, unless the Pet Swap Usa Service for which the Premium Member has subscribed is completely withdrawn from that Premium Member by us other than in circumstances permitted under this Agreement.
e. We may add new or ancillary services from time to time, which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
15. PROHIBITIONS
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Pet Swap Usa Service, nor any activity or communication you make in connection with any Pet Swap Usa Service, will be capable of:
a. infringing the intellectual property or other rights of any person or entity
b. breaching any applicable law, whether criminal, tortious or otherwise, or
c. appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
16. ALERTING PET SWAP USA
If you see anything on the Pet Swap Usa Service which appears to infringe this Agreement, then please contact us to inform us of it by via the 'Contact Us' menu option, or by e-mailing us at info@petswapusa.com
17. OFFENSIVE MATERIAL AND TERMINATION OF MEMBERSHIP
a. You acknowledge that we are entitled to withdraw any material on the Pet Swap Usa Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Pet Swap Usa Service into disrepute.
b. You agree that the contribution of such material to the Pet Swap Usa Service may result in termination of membership.
c. You undertake that should your membership be terminated by us, you will not ask any other person to re-register on this site on your behalf, or/and attempt to register again with us, unless you first contact us in writing and receive authority from us in writing.
18. DISCLAIMER AND RELEASE
You acknowledge that Pet Swap Usa has no control over or responsibility for the truth or accuracy of any material available on the Pet Swap Usa Service. This is the case for material provided by Members or others.
Please note that it is possible that Members may provide information or otherwise behave in a way that is unreliable, misleading or even illegal, even though they are strictly prohibited from doing so, and would be breaching this agreement. Further, you should note that people may not necessarily be who they say they are.
Your use of the Pet Swap Usa Service is entirely at your own risk. You should exercise no lesser degree of caution in appraising what you see on the Pet Swap Usa Service than you do off-line.
Accordingly, to the extent that the law permits, you agree to release Pet Swap Usa, its directors, contractors and employees from all liability arising out of or in connection with the Pet Swap Usa Service and the material included by Members and other third parties.
19. LINKS TO OTHER SITES
You acknowledge that we do not necessarily endorse or have responsibility for any sites that are linked to from the Pet Swap Usa Service.
20. INTELLECTUAL PROPERTY
a. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Pet Swap Usa Service (including the material which is contributed by Members) are owned by Pet Swap Usa.
b. You agree that without obtaining our prior written permission you will not copy, distribute, show in public or create any derivative work from the Pet Swap Usa Service, or any of the material found on the Pet Swap Usa Service.
c. When you submit any material to the Pet Swap Usa Service, you:
(i) are representing that you are fully entitled to do so;
(ii) grant us a non-exclusive, royalty-free, non-terminable licence right to copy, edit, distribute, show in public and create derivative works from that material in any form, anywhere; and
(iii) authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
21. EXCLUDED LOSS
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Pet Swap Usa will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
22. MAXIMUM LIABILITY
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Pet Swap Usa under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sums paid by you to us by way of Premium Membership fees during the relevant period of twelve months, regardless of the cause or form of action.
23. NON-EXCLUDED LIABILITIES
Nothing in this Agreement limits Pet Swap Usa's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
24. ASSIGNMENT
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Pet Swap Usa assign or dispose of this Agreement.
25. ENTIRE AGREEMENT
This Agreement includes our Privacy Policy. Together they contain the whole of the agreement between us and you concerning the Pet Swap Usa Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
26. CHANGES TO THIS AGREEMENT
Pet Swap Usa reserves the right to change this Agreement from time to time, and post the new version on the Pet Swap Usa Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (petswapusa.com), and the new version of these terms and conditions will take effect, and will govern all Pet Swap Usa Services and your relationship with Pet Swap Usa:
a. commencing four weeks after the date of posting (or such later date as Pet Swap Usa indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Pet Swap Usa Service; or
b. immediately upon the date of posting (or such later date as Pet Swap Usa indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Pet Swap Usa's addresses or e-mail addresses referred to in this Agreement.
27. SEVERABILITY
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
28. LAW
This Agreement shall be governed by and construed in accordance with the laws of the United States of America.
