Thank you for using We Wait For You!
These Terms and Conditions (the “Terms”) are a binding legal agreement (“Agreement”) between you and Fimpride Pty Ltd trading as “We Wait For You” (also referred to as “WWFY”, “We Wait For You Pet Visits”, “we,” “us,” or “our”) ABN 30468431532. The Terms govern your use of our software applications, resources and services (collectively, the “Service”). The Terms govern your access to and use of the WWFY website, including any subdomains thereof, and any other websites through which WWFY makes its services available, our mobile, tablet and other smart device applications, our Facebook application, our online or phone support offerings, or any other access point we make available to you (collectively, “Site”). By accessing or using WWFY services, you accept these Terms. You acknowledge that these Terms are binding on You and agree to visit this page from time to time to review the current Terms.
The Content of the Site is protected by Australian copyright and trade mark laws.
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features (our “Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any of the Policies, the Terms will take priority. WWFY reserves the right to modify these Terms at any time, and that any such changes will be effective immediately when we post the modified Terms. Your continued access and use of the WWFY Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
1. Key Terms
- “CONTENT” means text, images, graphics, data, software, audio, video, information, documents, compilations or other materials.
- “MEMBER” means a person who completes the WWFY account registration process and searches for and/or books Mid-Provided Services via the Site.
- “Mid” means a pet or home service provider, a person who completes WWFY account registration process and creates a profile on the Site, i.e. person who is willing to take care of a Member’s pet or provide a home service.
- “MID-PROVIDED SERVICES” means services provided by Mids.
- “THIRD PARTY PROVIDERS” mean WWFY’s third party contractors, distributors, agents, merchants or sponsors.
- “USER” means collectively Members and Mids.
- “USER CONTENT” content submitted by a User or anyone other than WWFY including without limitation photographs, text and reviews.
2. Nature of our Site and Services
The WWFY Service is an online platform designed to help Pet Owners and Home Owners (“Members”) to find, communicate with and interact with providers of pet-related or home related services (“Mids”).
We conduct a review of Mid profiles when they sign up and we may facilitate background checks on Mids conducted by a third party, but, except where explicitly specified in the WWFY Terms, we do not otherwise screen Mids and Members.
As a result, WWFY has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site. WWFY does not have control, supervise or provide equipment to the Mids, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Mids.
WWFY further makes no representations about the Users. You should make your own assessments of the persons you decide to interact with, engage or provide services to. WWFY has no control over the conduct of users of the site and disclaims all liability in this regard. Users are solely responsible for making decisions that are in the best interests of themselves their homes and their pets. For example, each user of the WWFY Service is responsible for keeping current his or her own pets’ vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
Because we are not involved in User-to-User dealings or control the behaviour of Users, Users must resolve any issues, disputes or concerns directly with each other. You agree to release WWFY from any claims or liability that may arise from any disputes between you and other Users. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Mid-Provided Services, is entirely your own. You acknowledge and agree that WWFY is not liable for any damages associated with the administration of pet visits nor home services which may include but are not limited to, bodily injury or death to your pet (whether caused by the Mid, any family member, friend, pet or other affiliate of the Mid or any other third party).
It is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your pet prior to engaging the Mid for pet visits or other pet-care related services.
Some Mid-Provided Services are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Member, to determine if the applicable Mid-Provided Service is best for your pet and to select the Mid carefully.
If a Member fails to claim their pet within two (2) days after the service period identified in a Booking (under applicable animal abandonment or cruelty laws) agree that WWFY may, in its sole discretion, place the pet in foster care or a shelter and notify the authorities. As a Member you agree that you will be responsible for and will reimburse WWFY any and all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.
Furthermore, WWFY expressly reserves the right, in its sole discretion, to remove a Member’s pet from a Mid’s care should WWFY deem it necessary for the safety of the Mid or the pet. Prior to removing a pet from the care of a Mid, WWFY will use reasonable efforts to contact the Member and/or the Member’s emergency contact (if provided) to arrange alternative care. Should WWFY not be able to contact the Member or the emergency contact, WWFY will use its best judgment to find alternative care for the pet until the Member is able to claim his/her pet. As a Member, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to WWFY in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay any and all costs and expenses incurred by WWFY in connection with such transfer, including any additional charges for new or lost Bookings.
We recommend that Members give their Mid contact information where they can be reached in the event of emergency (for example when medical care for a pet becomes necessary). The Mid agrees to immediately contact the Member in the event such care becomes necessary or, if the Member is not available, to contact WWFY support. If you are a Member, you hereby authorise your Mid and WWFY to obtain and authorise the provision of veterinary care for your pet if you cannot be reached to authorise care yourself in an emergency situation. In such case, you also authorise your pet’s veterinarian(s) to release your pet’s veterinary records to WWFY. If your Mid reaches you with a request to authorise medical care for your pet and you refuse, you release the Mid and WWFY for any injury, damage or liability arising from failure to seek such care. Members are solely responsible for the costs of any such medical treatment for pets and, if you are a Member, you hereby authorize WWFY to charge you for such costs.
WWFY recommends that Users obtain appropriate insurance for their Pet Services or home services. WWFY insurance is secondary to any other relevant insurance the User may have. Please review any insurance policy that You may have for Your Services carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions with respect to which You provide any Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Services may void your coverage or result in denial of an otherwise covered claim.
THE TERMS OF THIS CLAUSE ARE SUBJECT AT ALL TIMES TO THE TERMS OF THE WWFY PUBLIC LIABILITY INSURANCE POLICY (POLICY). IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICY, THE POLICY WILL PREVAIL. EACH USER WARRANTS THAT THEY HAVE READ AND ARE AWARE OF THE POLICY.
WWFY provides Public Liability insurance for bookings that are made and paid through the Site. Public liability covers You for your liability to pay compensation to a third party for damage to property or personal injury as a result of the Mid’s negligence whilst the Pet or home is under the Mid’s care. Certain injuries or accidents that occur to the Pet or home during the booking are also covered by this insurance.
All claims are subject to the applicable policies and policy limits as specified by relevant underwriters.
Each User acknowledges that the WWFY Insurance does not apply in the case that the User has not strictly complied with these Terms.
If You believe that any incident is covered under the Insurance Services, You must provide WWFY with written notice of the incident, along with all material documentation available to You evidencing the foregoing (e.g. invoices and veterinary notes, from the initial veterinary examination, hospital discharge letters from treating hospital/GP letter), no later than seven (7) days after the end date that the Pet Services or Home service were provided under the relevant Booking.
WWFY will in good faith decide whether or not the User has complied with these Terms in determining whether the User may be eligible under the Insurance Services. The Insurance Services will only apply to the extent that the User(s) is/are unable to claim or is denied to claim any other insurance policy that the User(s) may have. Each User agrees to provide any information to WWFY or the relevant insurance providers regarding any claim. This includes any other insurance policies the User may have.
The Insurance Services do not confer or imply any additional rights or claims to Users. Furthermore, the Insurance Services do not create any rights or claims for Users against WWFY, nor take away any responsibility and liability from the Mid. Users acknowledge that they are not a third-party beneficiary of any Insurance Services and they have no right to assert any contribution, offset, or indemnification from WWFY with respect to any liability of a User for property damage, personal injury, injury to family members or any other persons living in the same household.
To the maximum extent permissible by any applicable law, WWFY reserves the right to modify or terminate the Insurance Services, at any time, in its sole discretion, and without prior notice. If WWFY modifies/terminates the Insurance Services cover in accordance with the foregoing, WWFY will provide You with notice of such modification/termination and WWFY will continue to process claims filed prior to the effective date of the modification/termination where possible. Such modifications may include, without limitation, conditions on Your eligibility under the Insurance Services cover. By continuing to access or use our Services and the Site after we have posted a modification on the Site or have provided You with notice of a modification, You are indicating that you agree to be bound by the modified Insurance cover.
It is important to understand that the insurance does not cover the Mids for the following:
- If the Service is being provided at the Pet Owner’s home, Damage caused by the pet to the Pet Owner’s personal property;
- If the Service is being provided at the Pet Owner’s home, Damage caused by the Mid to the Pet Owner’s personal property;
- Bodily harm or physical injuries to the Mid, Mids family or any other person living in the same household caused by the pet;
- Injuries to the Mids own pet(s) or the pet(s) of any other person living in the same household caused by the pet;
- Mids cannot have any criminal convictions in past 5 years (excluding traffic violations). We will ask about this in a phone call as part of the claims process. This information will be strictly used for insurance purposes only and will in no way be publicly disclosed;
- Pets with any medical conditions requiring ongoing treatment must be referred to WWFY for approval;
- Pets involved in a previous attack with another animal or human that required medical treatment;
- Treatment of pre-existing veterinary conditions, illness, old age or flea/tick situations. If a pet has or had any condition, whether diagnosed by a qualified veterinarian or not, before, during or after the Pet Service, it is considered pre-existing. Any symptoms that are found to be related to stress/anxiety are also considered to be pre-existing as this condition is inherently present depending on each pet;
- Any self-inflicted wounds that are caused by itching, scratching, biting, gnawing, etc. due to allergies or any other type of pre-existing condition;
- Any council fines and/or pound charges related to the Pet running away whilst under the Mid’s care;
- Pet Services booked outside of www.wewaitforyou.com.au;
- Damage or medical care required as a result of any ‘Meet and Greet’ appointments arranged between Owners and Mids;
- All Exotic Animals – i.e. animals other than dogs, cats, rabbits, small birds or guinea pigs;
- Boarding Kennels: no commercially run boarding kennels will be covered;
- Reduction in Value: this policy does not cover for the ‘value’ of any pet’s ‘show’ value;
- Breach of professional duty, such as not following WWFY Rules or walking an animal off a leash in an area where this is reasonably considered not to be suitable;
- Where the Service is being provided at the Home Owner’s home, Damage caused by Tradesman to the Homeowner’s personal property;
As a Mid, you acknowledge and agree that neither WWFY nor a Member have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Member pet or by the engaged tradesman and you hereby agree not to seek any such reimbursement or other damages from WWFY or a Member or guest pet’s owner(s) in the event of any such property damage.
Users provide WWFY with their mobile phone number as part of the registration process or in their account settings. Users who provide WWFY with their mobile phone number may receive text message communications from WWFY on their phones and/or mobile devices. By providing WWFY with your mobile phone number, you consent to WWFY sending text messages to your phone and/or mobile device. WWFY does not charge for sending text messages, but your carrier may charge you.
The Site may include certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
WWFY may restrict the availability of the WWFY Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WWFY Site. WWFY may improve, enhance and modify the WWFY Site without notice.
5. Web analytics, metrics and beacons
7.How we hold Personal Information
We hold personal information in paper and electronic form. We have in place steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about pet visits or other home services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
Use of other Users’ Personal Information. You may from time to time receive personal information of another User. Any personal information you receive may only be used for the specific purpose it was provided to you, and may not be used for any other purpose without first obtaining the other User’s permission.
Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
- Use or access the Site for a commercial purpose other than the provision or receipt of Pet Services or Home Services;
- Change, or copy any Content on the Site, for any purpose other than in the proper use of Our Services or the Site, such as updating Your Profile in good faith;
- Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Site;
- Use or access the Site with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;
- Take any steps with the goal of bypassing these Terms or to make unauthorised use of the Site or to avoid any payments that need to be made related to the Site in accordance with these Terms;
- Use the Site for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Site that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;
- Disguise the origin of information transmitted to, through or from the Site;
- Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;
- Collect information about Users or the Site or monitor all or part of the Site or any Content contained on the Site (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);
- Distribute viruses or other harmful computer code to or on the Site; or otherwise use Our Services or the Site in a way that was not intended by us;
- fail to respond to messages/enquiries from other WWFY Members or fail to respond to messages/enquiries from other WWFY Members within a timely manner, to be determined at the sole discretion of WWFY;
- behave or act in any way that creates a negative experience for a WWFY Member, to be determined at the sole discretion of WWFY;
- behave or act in any way that demonstrates a lack of courtesy or professionalism with any WWFY Staff Member that may cause any difficulty providing the best customer service possible for a WWFY Member, to be determined at the sole discretion of WWFY;
- circumvent any measures implemented by us aimed at preventing violations of the Terms
Users must only use the Site and our Services in good faith and with respect for each other User. WWFY reserves the right to review, suspend or terminate Your Account or Your access to the Site if we determine that You have breached or threaten to breach any of these Terms.
Users have the right to report objectionable, defamatory or offensive material. Material can be brought to the attention of WWFY via the following methods:
- Direct e-mail to WWFY via email@example.com; or
- Direct phone contact with WWFY during WWFY’ normal business hours on +61 414588501.
WWFY will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.
WWFY also expressly reserves the right, in its sole discretion, to terminate a User’s access to any interactive services and/or to any or all other areas of the Site.
Without limiting the foregoing, WWFY and its designees will have the right to remove any reviews or other content that violates these Terms or is deemed by WWFY, in its sole discretion, to be otherwise objectionable, including, but not limited to, any content that violate any of the following guidelines:
- Reviews unrelated to the Reservation itself (e.g., religious, political, or social commentary);
- Reviews that are not representative of the Member’s own personal experience;
- Reviews in which the content endorses or promotes illegal or harmful activity or violence;
- Reviews in which the content is profane, discriminatory, or vulgar;
- Reviews in which the content violates another person’s privacy, such as publishing a person’s full name, phone number, address, or other identifying information;
- Reviews in which the content refers to a WWFY investigation; or
- Reviews in which the content is proven to be used as extortion.
Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation,
- (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access;
- (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization;
- (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”;
- (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
- (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by WWFY in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users. This applies notwithstanding anything in these Terms to the contrary.
WWFY and its affiliates, as well as Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘WWFY ’entities) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Site or Services, Our Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if WWFY entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.
No Violation of Laws and Regulations. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation of these Terms or any alleged improprieties of any Users. You can contact our Support team.
8. User Content and Communication Rules and Guidelines
By agreeing to our Terms, both Mids and Members are also assuming the responsibility of clear and frequent communication:
- (a) For Mids this includes:
- Responding to Direct Booking requests within 24 hours (after that unanswered Direct Booking requests will expire)
- Responding to Enquiries within 24 hours (after that WWFY reserve the right to cancel the request)
- Being available to communicate with the Member from the moment a booking with that Member is confirmed via our web or mobile applications. Specifically, up to 7 days before the booking start date, the Mid should always respond to Member queries no later than 48 hours from the query being sent. In the 7 to 2 days leading to the booking start date, the Mid should respond no later than 36 hours from the query being sent. From the day before the booking start date and during the whole duration of the booking, responding to Member queries no later than 12 hours from the query being sent. If those time frames are not adhered to, WWFY reserves the right to cancel the booking, fully refunding the Member regardless of the Mid’s selected cancellation policy.
- Being available for a “Meet and Greet” before the booking commences, if a Member requests so. If a Mid refuses a “Meet and Greet” that a Member has requested, WWFY reserves the right to cancel the booking, fully refunding the Member regardless of the Mid’s selected cancellation policy.
- For Members this includes:
- Confirming and paying for pre-approved bookings within 48 hours from the pre-approval, to reserve the Mid’s availability. If the request is not confirmed or cancelled within 48 hours, WWFY retains the right to cancel the request on the Member’s behalf.
- Being available to communicate with the Mid from the moment a booking with that Member is confirmed via our web or mobile applications. Specifically, (a) In the 7-2 days the booking start date, the Member should always respond to the Mid within 36 hours, to ensure that all details are arranged before the booking begins, (b) on the day before the booking start date, on the booking start date and on the booking end date, responding to the Mid within 12 hours, to ensure appropriate arrangements for the pet, for the home.
- Providing the Mid with an alternative contact in case of an emergency.
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Mids (“Reviews”), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn. Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
- contains others’ copyrighted content unless you have written permission from the copyright owner;
- contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- implies that the User Content is in any way endorsed or sponsored by WWFY;
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, discrimination, bigotry, hatred or physical harm of any kind;
- is intended to harass, annoy, threaten or intimidate any other Users of the Site;
- is false, abusive, misleading, defamatory, inaccurate, obscene, profane, sexually oriented, or otherwise objectionable;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
- contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Site;
- uses scripts, bots or other automated technology to access the Site;
- that otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of WWFY.
Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to WWFY, its Affiliated Parties, licensees and successors, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
Review Guidelines. Members will have the opportunity to provide Reviews about Mid’s whose services they have used. Reviews should not include any personal information about a Mid that is not disclosed in the Mids’ public Profile (for example, the Review should not include or reference a Mid’s phone number or address). Reviews should be limited to your personal first-hand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
Disputes with Other Users. You are solely responsible for your interactions with other WWFY users.
9. Your User Content and Photos
You are solely responsible for your User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. Solely to enable WWFY to use your User Content, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your User Content, in any media now known or not currently known. WWFY shall have complete discretion in how it chooses to display or use your User Content in connection with the Site.
As part of the Service, WWFY occasionally shares photo updates of pets and with the Users. You agree that WWFY may, at its sole discretion, publish these photos on the Site and across social media including Facebook and similar sites.
You hereby represent and warrant to WWFY that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for WWFY or cause WWFY to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release WWFY and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance the provisions of these Terms.
You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on WWFY. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance.
We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from WWFY at any time.
10. Bookings and Financial Terms
WWFY, through its proprietary network of Mids, arranges for the provision of the Mid-Provided Services to Members, including, but not limited to pet visits, dog walking, administering basic animal medication, providing access to homes to allow tradesmen entry and lock up after the tradesman has completed the required work.
As a Mid, you will be asked detailed information about your experience. As a Mid, the pricing is set and terms for your services within the parameters permitted by WWFY.
Each Mid hereby appoints WWFY as the Mid’s limited agent solely for the purpose of collecting payments made by Members on behalf of the Mid. Each Mid agrees that payment made by a Member to WWFY shall be considered the same as a payment made directly to the Mid and the Mid will make the Mid-Provided Services available to Member in the agreed upon manner as if the Mid has received the applicable fees.
In accepting appointment as the limited authorized agent of the Mid, WWFY assumes no liability for any acts or omissions of the Mid. As a Mid, you contractually agree that the first and all future bookings with a client from WWFY will be booked via the Site. Failure to abide by this policy may result in suspension from the Site.
WWFY charges an hourly rate as outlined in the Payment section of the Site.
As a Member, you may book and pay for Mid-Provided Services through the Site. Payment is due prior to the Service is provided.
If the Mid accepts the booking request (i.e. the booking is completed by both parties), they agree to honour the price set forth in the booking schedule and the full amount of the Mid-Provided Service, inclusive of the WWFY Service Fee will be charged to the Member’s payment information on file immediately.
The Member authorises to be charged in the event of
- For Emergency Medical Situations Involving a Member’s Pet. Members should ensure that the Mid is provided with contact information to reach the Member in the event an emergency medical situation arises involving a Member’s Pet. Members and Mids acknowledge and agree that, to the extent any situation arises where the Member’s Pet is required to receive emergency veterinary care while in the care or custody of the Mid, the Mid shall make reasonable efforts to contact the Member and notify him or her of the situation. In the event the Mid notifies WWFY of the situation, the Mid should contact WWFY and WWFY shall make reasonable efforts during WWFY ‘ normal business hours to contact the Member to notify them of the situation. If Member cannot be reached following reasonable efforts, the Member authorises Mid and WWFY to authorise care on his/her behalf in order to promptly treat the Member’s Pet. Members acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Member and that Member’s will be billed for any amount to reimburse costs incurred by the Mid or WWFY attendant thereto.
- If you are a Member, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (for each partial late hour) at the rate established in the Booking. In addition, you agree to indemnify WWFY from, and agree that we may charge you for any additional costs and expenses WWFY or the Mid incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.
11. Cancellations and Refunds
Cancellation by Members: Each Mid agrees that WWFY may permit the Member to cancel the Booking with 24 hours notice before the Booking is due to start. Any late cancellations will be charged for their booking. If you as a Member wish to cancel a booking, once it has been paid for contact our customer support team, so we can process the cancellation and any potential refund.
Cancellation by Mids: Mids can choose to notify WWFY of their wish to cancel a booking with 48 hours notice. All reasonable efforts will be made by WWFY, during usual business hours, to locate another Mid to assist the Member with the booking.
Cancellations by Mids are taken seriously and may result in temporary suspension and possibly termination of their access to WWFY. Mids are expected to only accept those Bookings that they are committed to completing. WWFY understands the need for exemptions when extenuating circumstances arise. Examples of that include but are not limited to the death of a direct relative, natural disaster, or some other catastrophic event that makes you unable to provide the service. WWFY reserve the right, at their sole discretion, to recover any losses from the Mid that results from their cancelation.
12. Disclaimers of Warranties
The Site and content provided on the Site are provided “as is,” and are for use as contracted herein. Except for the express warranties set forth herein, WWFY and its affiliates, officers, directors, employees, agents, as well as its third-party providers, hereby disclaim all express or implied representations, warranties, guaranties, and conditions with regard to the site, the Mids, the Mid-provided services, the content, and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid.
To the maximum extent permitted by applicable law, WWFY and its third party providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the site or content associated with the site, or the results you may obtain by accessing or using the site and/or the content associated therewith.
Without limiting the generality of the foregoing, WWFY and its third party providers do not represent or warrant that (a) the operation or use of the site will be timely, secure, uninterrupted or error-free; (b) the quality of any Mid-provided services, information, or other material you purchase, secure or otherwise obtain through the site will meet your requirements; or (c) any software offered via the Site available are free of viruses or other harmful components. You acknowledge that neither WWFY nor its third-party providers control the transfer of data over communications facilities, including the internet, and that the site and/or content associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
WWFY is not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by WWFY. WWFY expressly disclaims any warranty related to the quality of Mid-provided services and the persons or businesses referenced on the site. You use Mid-provided services at your peril and assume all risks related to use of said Mid-provided services.
WWFY makes no representations or warranties that any of the Mids offering Mid-provided services through the site have complied with any applicable state, county or municipal law, statute, ordinance or regulations. Notwithstanding WWFY appointment as the limited agent of the Mids for the purpose of accepting payments from members on behalf of the Mids, WWFY explicitly disclaims all liability for any act or omission of any Mid, member or other third party.
13. Limitation of Liability and Release
By agreeing to serve as a Mid and provide Mid-Provided Services to a Member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in the Members residence may suffer. It is the sole responsibility of Mids to make decisions that are in the best interests of themselves and the pets. It is recommended that all Mids schedule a “Meet and Greet” with all pets and Members before providing pet visits or Mid-Provided Services to mitigate as many risks as possible.
Should you agree to serve as a Mid, you agree and acknowledge as follows:
a. You agree that you are voluntarily agreeing to board or otherwise handle a pet belonging to another at some other location. You are assuming all risk of personal injury, death or disability to you and/or your child/ward that might result or arise from handling of this pet or home service, or any damage, loss or harm to your reason or personal property which you or your children/child/ward may incur. You understand that the risks that come with handling a pet who is not accustomed to you, your children/child/ward, and other location and that it has inherent risks; and
b. You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold WWFY, its affiliates, officers, directors, agents, employees, and members (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of the home related service or handling of this pet. You expressly release and discharge WWFY from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while the pet or home service is otherwise provided by any Mid-Provided Services.
Whether you are a Member or a Mid, you agree not to hold WWFY or its affiliates, officers, directors, employees, agents or third-party providers liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the services or site, including without limitation any liabilities arising in connection with (a) any instruction, advice, act or service provided by WWFY or its affiliates, officers, directors, employees, agents or third party providers, (b) any destruction of your user content, (c) any dispute with any other user of the site, (d) Mids’ failure to provide services or provision of incomplete or poor services, (e) any injuries or harm suffered by you or any third party (including without limitation your family members, friends or other unrelated parties), (f) any injuries or harm suffered by any pets or other pets, (g) any damage or harm to real or personal property, or (h) any other conduct, act or omission of any other party, including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, or destruction of property.
Under no circumstances shall WWFY or its affiliates, officers, directors, employees, agents or third party providers be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this site or the host-provided services, including your reliance on any information obtained from this site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorised representative of WWFY has been advised of or should have knowledge of the possibility of such damages. By your use of this site, you acknowledge that this paragraph shall apply to all content, goods and services available through this site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that WWFY or its affiliates, officers, directors, employees, agents or third party providers are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one hundred AUD dollars ($100.00), excluding any obligations to pay amounts to Mids or refunds to members pursuant to these terms.
No Liability for non-WWFY Actions. To the maximum extent permitted by applicable law, in no event will WWFY be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the WWFY service, including without limitations, bodily injury, emotional distress, and/or any other damages resulting from reliance on information or consent posted on or transmitted through the WWFY service, or for any interactions with other users of WWFY service, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you.
You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
You also expressly acknowledge and agree that WWFY has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and WWFY and form a basis of the bargain between the parties.
You agree to indemnify, defend and hold harmless WWFY and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Mid-Provided Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties.
WWFY and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
15. Termination and Account Cancellation
If You breach or threaten to breach these Terms, WWFY reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Site and our Services at any time without prior notice. If you are awaiting delivery of services (including any Pet Services pursuant to a Booking), WWFY reserves the right to cancel the delivery of such services. A refund may be issued.
Unless otherwise decided by WWFY, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s account, WWFY may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by WWFY, you may not re-register without WWFY consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
By User. As a User, you may cancel your account at any time by contacting our customer support team.
Effect of Termination. Upon the termination or cancellation of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated or cancelled, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination or cancellation may not be available to you if you re-register with WWFY. If following the termination or cancellation of your account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms. All fees and charges are non-refundable and there are no refunds or credits once your account has been billed, including if your account is terminated, suspended or cancelled.
16. Intellectual Property Rights
Copyright. All materials on the Site other than User Content are either owned by WWFY or are the property of WWFY suppliers or licensors. You may not use these materials except where we give you written permission to do so.
Trademarks. The service marks and trademarks “We Wait For You” and logo are owned by WWFY. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of WWFY and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
17. No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, WWFY is not acting as an agent for any Mid, Member or any other user or visitor of the Services or the Site.
You may not assign these Terms without the prior written approval of WWFY. Any purported assignment in violation of this section shall be void. WWFY reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith.
In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by WWFY.
No Joint Venture or Partnership. Nothing in these Terms may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.
Complete Agreement. These Terms and Conditions contain the entire agreement between you and WWFY regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.
Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify WWFY as to any matters relating to the Site or Services please contact us at: