Last Updated: March 31, 2017
In addition, when using certain features of our Services, you also will be subject to other guidelines, terms, and agreements applicable to such features (each a “Policy,” together the “Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will hold precedent.
We reserve the right to modify our Services, these Terms and/or the Policies at any time (on a prospective basis), effective on posting of an updated version of these Terms on our Site. You are responsible for regularly reviewing these Terms. By using the Services, you agree that the posting of new or revised Terms or Policies on our Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
Furwy is designed to help users who are pet owners (each a “Pet Owner”) find information about, and communicate with, other members who are willing to provide pet care services such as pet boarding, sitting, daycare, walking and grooming (each a “Pet Care Service Provider”).
2. User Responsibilities
2.1 Neutral Venue. Our Site is an online marketplace where users can find and learn about each other and, if they wish, arrange for obtaining and providing pet care services. You acknowledge that Furwy does not provide pet care services or function as a Pet Care Service Provider. Furwy’s Services may be used by you to request and schedule pet care services with other members, but you agree that Furwy has no responsibility or liability to you related to any pet care services provided to you by other members through the use of our Services other than as expressly set forth in these Terms. Furwy is not involved in the actual face-to-face contact between members. We have no control over the conduct of our members or the truth or accuracy of the information that members post on the Site or provide through our Services. We may provide suggested or optional default terms for transactions between Pet Owners and Pet Care Service Providers, or otherwise between members. To the extent we do, and you or another member utilizes or agrees to such terms, this does not make us a party to any transaction between a Pet Owner and a Pet Care Service Provider, or between other members of the Site. Any suggested or default terms we provide are for members’ convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding our Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.
2.1.2 Violation of Terms and Liquidated Damages. You understand and agree that as a community based on reputation and trust between members, in many cases damages would be difficult to quantify for certain misuses of the Site and Services. If it becomes necessary for Furwy to pursue arbitration to enforce these Terms, you will be liable to pay Furwy the following amounts as liquidated damages, which you accept as reasonable estimates of Furwy’s damages for the specified breaches of these Terms:
1. If you post any content that is in violation of these Terms, including any listing that violates Section 3 or any content you post after Furwy has limited or terminated your use of our Services, you agree to pay Furwy SG$8,000.00 (or equivalent) for each such violation. This provision does not apply to any content that constitutes lawful non-deceptive parody of public figures. In its sole discretion, we may elect to issue a warning before assessing damages.
2. If you use our Services to send unsolicited email advertisements, you agree to pay Furwy SG$8,000.00 (or equivalent) for each such email.
3. If you (1) extract profile information, contact information (including names, email addresses or telephone numbers) or other listings from the Site, or any of the Site’s content, or (2) reproduce or otherwise misappropriate the Site’s content, by reproducing user profiles or listings on a competitive or a mirrored site, you agree to pay Furwy SG$80,000 (or equivalent) per instance per day for any such occurrence. This provision does not apply to: (1) use of the Site by users for their own personal (non-commercial) purposes, (2) crawling of the site by search engines who do so in accordance with robots.txt or other similar restrictions, (3) access to the content of the Site or profile information through a Furwy authorized API or HTML widget, (4) Furwy will cover filing/administration costs for claims under SG$80,000 (or equivalent) and will not pursue attorneys’ fees and costs unless the claims are found to be frivolous with exception of any small claims court proceedings. We will not require you to arbitrate: any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.
2.2 Identity and Background Verification. All members are responsible for providing true, accurate, current and complete information about themselves, and maintaining and promptly updating all such information so it remains true, accurate, and complete at all times. Furwy does not verify any such information, and it is the member’s sole responsibility to determine the identity and suitability of others who you may contact by means of our Services. We do not endorse any persons who use or register for our Services, including Pet Care Service Providers. Furwy may provide or publish (through badges) identity and background information services offered by third parties (each a “Third Party Service”). Furwy does not warrant or guarantee the accuracy, completeness, or usefulness of any information, and specifically disclaims liability and responsibility for any loss or damage resulting from anyone’s reliance on information or other content posted on Furwy that originate from Third Party Services. Furwy may, at it’s discretion, request for evidence from members to validate the information provided. If the information is deemed falsified, incomplete or inaccurate, Furwy may forfeit all points, earnings and close the member’s account indefinitely and ban the member from all Services indefinitely.
2.3 Compliance with Laws; Licensing; Taxes.
2.3.1 Compliance with Laws. You agree to comply with all applicable federal, provincial/ state and local laws and regulations that apply to you when using our Services, and when providing or receiving any pet care services booked through our Services. If you are a Pet Care Service Provider, you represent and warrant that you are legally in the country where you operate and are legally able to work in the country you provide the service. You may only use our Services for lawful purposes.
2.3.2 Licensing. As a Pet Care Service provider, you may be subject to specific laws and regulations in connection with your provision of pet care services, including laws and regulations that require you to obtain a permit, license or bond before providing such services (“Legal Requirements”). You agree that you are solely responsible for determining what Legal Requirements apply to you, and for complying with all applicable Legal Requirements. Furwy does not determine whether a Pet Care Service Provider is subject to, or is in compliance with, any Legal Requirements. As a Pet Owner, you agree that Furwy is not responsible for making such determinations, and that a Pet Care Service Provider may not be in compliance with Legal Requirements. You are encouraged to inquire directly with any Pet Care Service Provider regarding Pet Care Service Provider’s compliance with Legal Requirements.
2.3.3 Taxes and Tax Reporting. You are responsible for complying with all applicable tax laws and regulations related to use of the Site and any services that you provide in connection with the Site or the Services. Without limiting the foregoing, you agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or performance of pet care services, or your use of our Services (all such taxes, “Taxes”) and to collect, withhold, report, and remit correct Taxes to your appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. You further agree that Furwy and its affiliates are not obligated to determine whether Taxes apply to you or any services you provide and are not responsible for collecting, reporting or remitting any taxes that may be applicable to you. Furwy does not provide an employment service and does not serve as an employer of any Pet Care Service Provider. As such, Furwy will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, provident contributions, social security or payroll withholding tax in connection with a Pet Care Service Provider’s user of our Services or provision of pet care services. In the event that Furwy is found to be liable for any tax or withholding tax arising from your use of our Services or provision of pet care services, you agree to immediately reimburse and pay to Furwy an equivalent amount, including any interest or penalties thereon. Furwy encourages each member to consult with a tax professional to better understand the your tax obligations. Furwy cannot provide advice on Taxes or how users should report their income.
2.4 Your Experience with Other Members and Furwy. You are solely responsible for your interactions with other members of our Services. Though Pet Owners may receive limited reimbursements and refunds pursuant to Section 2.5 and Section 2.6 below, we will not be responsible for any damages, expenses, liabilities or harm resulting from your use of our Services, including damages, expenses, liabilities or harm resulting from your interactions with other members of our Services. Furwy encourages Pet Owners and Pet Care Service Providers to communicate with each other using the communication methods provided via the Site. Using these communications methods may allow Furwy to investigate facts and circumstances related to a service and assist Furwy in resolving an issue in the unlikely event that an issue arises. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another member of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable. Pet Owners and Pet Care Service Providers must notify Furwy in the event of any incident involving injuries to a pet or person, damaged property, lost pet or death. The Pet Care Service Provider is responsible for informing the Pet Owner of any such incident which occurs during a service.
2.5 Access to Third Party Insurance for Pet Injuries. For services involving boarding, sitting or daycare booked through Furwy, we offer access to an insurance policy issued by a third party (the “Third Party Policy”) as described in Section 2.5.1 below. The Third Party Policy is secondary to any other relevant insurance you may have. Furwy makes no affirmations regarding what types of claims may or may not be covered by your individual homeowner’s policy or any other policy. Homeowner’s policies differ in their coverage and you should consult your policy or agent to understand what is and what is not covered by any policy of yours. Access to the Third Party Policy is subject to the restrictions in Sections 2.5.2 through 2.5.10 below.
2.5.1 Access to the Third-Party Policy for Pet Injuries:
Third Party Policy is only available to members in the countries of Hong Kong and Singapore. Countries under coverage may change time to time, therefore members are encourage to monitor updates to these Terms and Third Party Policy coverage.
Subject to a SG$500 (or equivalent) deductible per claim per pet, and subject to compliance with all applicable terms, conditions, and policies, Furwy will provide access to the Third Party Policy to reimburse for damages caused by Bodily Injury, Property Damage, or Personal and Advertising Injury. Specifically, Furwy will provide you (the Pet Care Service Provider if the Pet Care Service Provider paid for the expenses in question, or the Pet Owner if the Pet Owner paid for the expenses in question) with access to the Third Party Policy to seek reimbursement for verifiable medical or veterinary costs in excess of the deductible that are actually incurred and paid during the first thirty (30) days following an incident as a result of an injury to Pet Owner’s pets (while in a Pet Care Service Provider’s care) and Pet Care Service Provider’s own pets (as a direct result of contact with a Pet Owner’s pet during a stay booked through Furwy. Pet Owners are responsible for the SG$500 (or equivalent) deductible for injuries to their own pets, and Pet Care Service Providers are responsible for the SG$500 (or equivalent) deductible for injuries to their own pets. Claims over SG$500 (or equivalent) pursuant to incidents will be submitted to Furwy for processing; Furwy will reimburse claims over SG$500 (or equivalent) up to SG$8,000 (or equivalent) and forward claims over SG$8,000 (or equivalent) to the Third Party Insurer for processing and reimbursement.
2.5.2 Limitations. Furwy will not provide access to the Third Party Policy to cover the following costs:
- (i) costs for medical or veterinary bills as a result of illness, a pre-existing condition (described in Section 2.5.5, below), ticks and fleas, or re-occurrence thereof;
- (ii) costs for property or liability damages caused by a pet; or
- (iii) any injury to the Pet Care Service Provider or pets belonging to someone other than Pet Owner or Pet Care Service Provider in the Pet Care Service Provider’s care
- (iv) cost incurred more than thirty (30) days following an incident, including any long-term care as a result of an injury
- (v) medical or veterinary costs incurred as a result of a meet & greet or as a result of any injury which occurs during pet walking, pet grooming or outside of the dates of service actually booked through the Site;
- (vi) loss of wages or incidental expenses due to required follow up medical treatment for a pet;
- (vii) costs incurred by a Pet Care Service Provider or Pet Owner in the event that they need to adjust and/or cancel travel plans due to unforeseen circumstances (i.e. hotel fees, plane tickets, gas for travel, etc).
2.5.3 Conditions. In order to qualify for access to the Third Party Policy, the following conditions must be met:
- (i) the pet RFID chip ID must have been entered under the pet profile before the booking request is submitted
- (ii) the injury must have occurred during a service booked through Furwy prior to the date provision of the service takes place, unless an extension of a previously-booked service has been applied;
- (ii) you must have fully completed the booking of the pet care services (during which the injury occurred) through the Site, and payment for the pet care services at the rate set forth on the applicable Pet Care Service Provider’s profile page must have been completed through the Site;
- (iii) you must notify Furwy via email of the injury during the period in which the pet care service is being provided (as booked through Furwy.com) or within 48 hours of the injury;
- (iv) within fourteen (14) days of the date of the injury or damage, you must submit written documentation from a veterinarian in good standing of the costs incurred and demonstrating that they were incurred due to a new injury and not illness or preexisting injury. Personal invoices or receipts alone will not be accepted. We may also request additional veterinarian records for your pet in order to validate any reimbursement; and
- (v) you must provide documented proof from a veterinarian establishing that the injury occurred during the time of booked stay.
2.5.4 Additional Terms:
- (i) Access to the Third Party Policy is not available in any jurisdiction where prohibited or jurisdiction not listed above in section 2.5.1. Furwy shall, in the exercise of its good faith discretion, determine as to whether you have satisfied the requirements set forth in these Terms and are entitled to access to the Third Party Policy.
- (ii) Access to the Third Party Policy is offered automatically without additional consideration to qualifying transactions, and does not convey any additional rights or claims to Pet Owners. The Third Party Policy does not absolve Pet Care Service Providers of any liability or create any rights or claims of any nature for Pet Care Service Providers or Pet Owners against Furwy. Pet Care Service Providers and Pet Owners agree they are not a third-party beneficiary of the Third Party Policy and they have no right to assert any contribution, offset, or indemnification from Furwy with respect to any liability of a Pet Care Service.
2.5.5 Local Insurance. Furwy advises all Pet Care Service Providers to investigate the laws in their jurisdiction concerning requirements for insurance, to obtain insurance covering the services that they provide, and to become familiar with the coverage provided by, and exclusions from, such insurance. Furwy does not verify whether Pet Care Service Providers have obtained insurance, and Pet Owners are advised to inquire directly with Pet Care Service Providers about this subject. Coverage under the Third Party Policy is secondary to any existing insurance coverage a Pet Owner or Pet Care Service Provider may have.
2.5.6 Termination in the Event of Suit. You acknowledge and agree that all rights and benefits granted to you under this Section 2.5 shall immediately terminate in the event you initiate any action, suit or claim against Furwy, its officers, directors, employees, contractors, agents affiliates or third party providers.
2.5.7 Limited to Pet Care Service Provider’s Custody. If, during a service booked through Furwy.com, a Pet Care Service Provider cedes care, custody or control of a pet to another person or party who is not a registered Furwy Pet Care Service Provider, coverage under the Third Party Policy shall not apply for injuries to pets or damages accrued during the period in which care, custody or control was ceded. If, during a service booked through Furwy.com, a Pet Owner instructs or otherwise causes a Pet Care Service Provider to relinquish Pet Owner’s pet to a third party and the Pet Owner has not previously notified Furwy of an injury to the pet which may be eligible for coverage under the Third Party Policy, Furwy’s obligation to provide access to the Third Party Policy pursuant to this Section 2.5 shall be null and void at Furwy’s option.
2.5.8 No Third Party Policy Coverage for Pre-existing Conditions. If a pet has or had any injury, disease or condition, whether diagnosed by a veterinarian or not, before going on a Furwy stay, such injury, disease or condition shall be considered a “Pre-existing Condition.” A Pre-existing condition may include, but is not limited to: respiratory infections, urinary tract/bladder infections, blood disorders, vomiting, diarrhea, and other gastrointestinal disorders.
Without limitation, coverage under the Third Party Policy is not available with regards to issues that may arise with respect to pre-existing conditions, including but not limited to all of the following conditions:
- (i) Breed-specific Conditions. Common breed-specific conditions include, but are not limited to: brachycephalic syndrome (common in Pekingese, Bulldogs, French Bulldogs, Pugs, Chow Chows, Boston Terriers and others), hip and/or elbow dysplasia (common in Afghan Hounds, Beagles, Border Collies, Chow Chows, Golden Retrievers, German Shepherds, Great Danes, Labrador Retrievers, and others), Hypothyroidism (common in Bulldogs, Border Collies, Boston Terriers, Poodles, Great Danes, English Setters, and Standard Schnauzers and others, especially large breeds), inter-verterbral disc disease (IVDD) (common in Beagles, Cocker Spaniels, English Setters, French Bulldogs, Pekingnese, Pugs and others), other disc issues (common in Basset Hounds, Bulldogs, Corgis, Dachshunds, Pomeranians, Corgis, Pugs and others), patellar luxation (common in Boston Terriers, Cavalier King Charles, Chihuahuas, Pomeranians, Poodles, Yorkshire Terriers and others, especially small breeds) Gastric dilatation and Volvulus, otherwise known as Bloat (common in Great Danes, German Shepherds,St. Bernard, Labrador Retriever, Irish Wolfhound, Great Pyrenees, Boxer, Weimaraner, Old English Sheepdog, Irish Setter, Collie. Bloodhound, Standard Poodle and others).
- (ii) Chronic Conditions: Chronic conditions persist or last for several months (often for years). They generally cannot be prevented by vaccines or cured by medication, nor do they just disappear. Common conditions include: allergies, cancer, diabetes, IBD (inflammatory bowel disease), Addison’s disease, Cushing’s disease, dry eyes (KCS), epilepsy, glaucoma, hypothyroidism, Orthopedic issues such as arthritis, IVDD & cruciate ligament tears. Non-medical related treatment (professional training, etc) is not eligible for coverage.
- (iii) Orthopedic Conditions. These include, but are not limited to, the following: allergies, arthritis, biceptal tenosynovitis, diabetes, elbow dysplasia, hip dysplasia, hyperthyroidism or hypothyroidism, fragmented medial coronoid process of the ulna (FMCP), lipomas and skin masses, orthopedic illness or injury on the opposite side of a prior injury, osteochondrosis (OCD), osteosarcoma and other cancers, patellar luxation, ununited anconeal process (UAP), and urinary or bladder crystals or blockage.
- (iv) Undetermined Cause Illness. Common conditions include but not limited to Hemorrhagic Gastroenteritis, Pancreatitis, Stress related symptoms, Enteric Coronavirus, Cardiac disease, Bordetellosis (“kennel cough”), Canine parvovirus infection (“parvo”), Distemper, Canine influenza, Gastrointestinal disease, any form of cancer and Immune Mediated Hemolytic Anemia.
- (v) Preventable Illness. Common conditions include but not limited to Rabies, Canine parvovirus infection (“parvo”), Leptospirosis, Distemper, Adenovirus2, Parainfluenza, Enteric Coronavirus, Canine Influenza, Lyme disease, Bordetellosis (“kennel cough”), Heartworm disease, Intestinal worms, Mange, and Staphylococci.
- (vi) Pregnancy: As it is considered a preventable condition (e.g., spay, neuter, protective barrier and animal separation).
- (vii) Proptosis: Proptosis is the displacement of an eye out of the eye socket. It typically occurs following trauma to the head.
2.5.9 Existing Medical Needs. Pet Owner is responsible for notifying Pet Care Service Provider in writing prior to a stay of all of a pet’s existing medical needs, including, but not limited to dosage, times and proper administration of any medications. If Pet Owner fails to inform Pet Care Service Provider of a pet’s existing medical needs, and such failure results, in whole or in part, in medical treatment being required during a stay, Pet Owner shall be solely responsible for the costs of such medical treatment and such costs shall not be covered by the Third Party Policy or any insurance made available through Furwy.
2.5.10 Flea and Ticks. Pet Owners and Pet Care Service Providers acknowledge and agree that they are solely responsible for informing each other regarding any flea and tick issues relating to their respective pets prior to a stay occurring. Pet Owners and Pet Care Service Providers further acknowledge and agree that under no circumstances shall Furwy be responsible for, and the Third Party Policy shall not apply to, a pet’s contraction of fleas or ticks during a stay, or any illness or injury as a result of the contraction of fleas or ticks.
2.6 Limited One-Time Refund of Furwy Fees for Pet Owners. In the absence of circumstances constituting a violation of Policies by a Pet Care Service Provider, Furwy will provide Pet Owner a one-time refund of the fees charged by Furwy (excluding any fees payable to Pet Care Service Providers which Furwy collects) for any stay that is booked through Furwy.com, provided that Pet Owner emails Furwy within 48 hours of the end of the applicable stay and identifies the reason(s) Pet Owner is dissatisfied. This does not entitle Pet Owner to a refund of any fees collected by Furwy and paid to the Pet Care Service Provider or otherwise affect your relationship with the Pet Care Service Provider. The Limited Refund is also subject to any other requirements we may promulgate. If Furwy determines, in its sole discretion, that a Pet Care Service Provider violated the Policies in connection with a service booked through the Site, Furwy may provide Pet Owner a full refund of all fees paid by Pet Owner, including the fees payable to a Pet Care Service Provider. Pet Care Service Providers specifically acknowledge this provision and agree to refund any amounts paid to them for the applicable service upon a decision by Furwy to provide a refund to the Pet Owner. Any and all other refunds beyond this limited one-time refund policy will be dependent on the Pet Care Service Provider’s selected cancellation policy.
2.7 Pets not Retrieved. Pet Owners who arrange for pet care services via Furwy.com and fail to retrieve their dog within seven (7) days after the end date of their reservation (or the time period set forth in the applicable jurisdiction’s animal abandonment or cruelty laws, if applicable), agree that Furwy may, in its sole discretion, place such dog in foster care and/or notify animal control authorities. Pet Owner agrees that Pet Owner will reimburse Furwy for all costs and expenses associated with such action, and Pet Owner may become liable and subject to laws relating to Pet Owner’s failure to retrieve Pet Owner’s pet, including abandonment or animal cruelty laws.
2.8 Managed Pet Care Service Providers. If you are a Pet Care Service Provider and have entered into an agreement pursuant to which your schedule and/or other aspects of your pet care service activities through Furwy.com are managed by a third party (a “Management Agreement”), you represent and warrant to Furwy that you have complied with, and will at all times during the term of the Management Agreement comply with, all terms and conditions set forth in the Management Agreement. You further acknowledge and agree that the fact that you have entered into a Management Agreement does not relieve your of your obligations set forth in these Terms or in any other agreement between Furwy and you.
2.10 Pet Medical Emergencies During Stays. Furwy strongly encourages each Pet Owner to provide emergency contact information to a Pet Care Service Provider prior to a stay occurring in the event a medical emergency involving the Pet Owner’s pet arises during a stay. If any such medical emergency arises which requires the pet to receive veterinary care, Pet Care Service Provider agrees that he/she will make reasonable efforts to contact Pet Owner prior to any veterinary care being provided, and seek Pet Owner’s approval for any necessary treatment. In the event that Pet Owner cannot be reached following reasonable efforts, Pet Owner hereby authorizes Pet Care Service Provider and/or Furwy to authorize the provision of care on Pet Owner’s behalf in order to promptly treat Pet Owner’s pet. Pet Owner shall be solely responsible for the costs of any treatment provided, and Pet Owner authorizes Furwy to charge Pet Owner’s credit/debit card on file for such costs. In certain circumstances, Pet Owner may be eligible for reimbursement of such costs pursuant to the terms of Section 2.5, or through Furwy’s insurance coverage.
2.11 Use of Training Tools and Aids During a Stay. Pet Owners and Pet Care Service Providers agree that training tools or aids (including, but not limited to, bark collars, muzzles, rabies pole and choke collars) may only be used during a stay if a written training plan setting forth the specific method of training has been agreed upon by Pet Owner and Pet Care Service Provider in writing, prior to the stay. Use of training tools or aids without an agreed upon training plan, or which deviates from a training plan may result in permanent ban from Furwy services.
2.12 Use of Surveillance Mechanisms in Home. Pet Owners and Pet Care Service Providers are encouraged to familiarize themselves with all applicable laws governing the use of audio and video surveillance mechanisms within homes and to discuss with each other the use of such mechanisms.
2.13 Pet Vaccination. Pet Owners are responsible for ensuring that their pets are current with all vaccinations. Likewise, Pet Care Service Providers are responsible for ensuring that all pets in their care other than those owned by a Pet Owner (i.e., Pet Care Service Provider’s own pets or third-party pets in Pet Care Service Provider’s care) are current with all vaccinations. Pet Care Service Providers and Pet Owners are encouraged to discuss the status of vaccination prior to any stay. Users acknowledge and agree that Furwy has no obligation to verify the status of any pet vaccinations.
2.14 Pet Interaction with Other Animals and Children. Unless otherwise agreed between Pet Owner and Pet Care Service Provider, all parties acknowledge and agree that a Pet Owner’s pet may be allowed to interact with other animals, including dogs, cats and other pets, and with people, including children. The parties acknowledge that animals are unpredictable and that there is a possibility of injury to a Pet Owner’s or Pet Care Service Provider’s pet, another animal, or a person, including a child. As set forth in Section 18, below, Furwy Parties shall not be liable for any such injuries.
2.15 Required Re-homing of Pet. Furwy expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Pet Care Service Provider’s home should we deem it necessary for the safety of the Pet Care Service Provider, any persons living with the Pet Care Service Provider or the Pet Care Service Provider’s or the Pet Owner’s pet. In the event we must remove a Pet Owner’s pet, Furwy shall make reasonable efforts during Furwy’s normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided to Furwy) to arrange alternative care. Should Furwy not be able to contact the Pet Owner or the Pet Owner’s emergency contact, Furwy will use its best judgment to find alternative care for Pet Owner’s pet until the Pet Owner is able to retrieve his/her pet. Pet Owner is responsible for and agrees to pay all costs incurred by Furwy and any additional charges for booking a new stay for Pet Owner’s pet in the event the removal of Pet Owner’s pet is required as a result of safety issues caused by Pet Owner’s pet.
2.16 Third Party and Secondary Care Provider Interactions. Unless Pet Care Service Provider obtains written authorization from Pet Owner prior to providing pet care services to Pet Owner, Pet Care Service Provider agrees that he/she will not allow any third party to interact with or provide pet care services to Pet Owner’s pet. If Pet Care Service Provider will be providing services in Pet Owner’s home, Pet Care Service Provider further agrees that he/she will not permit any third party to access or enter Pet Owner’s home. Pet Care Service Provider shall be solely responsible for all injuries, damages, loss, costs and expenses, including reasonable attorneys’ fees, incurred by Furwy and/or Pet Owner arising out of or relating to Pet Care Service Provider’s breach of the terms of this Section 2.16, and Furwy may withhold from Pet Care Service Provider any fees otherwise due Pet Care Service Provider for services booked through Furwy.com in the event any such injuries, damages, loss, costs or expenses are incurred.
2.17 Pet Owner’s Household keys. Pet Care Service Provider agrees to maintain the security and possession of all keys or other devices provided by Pet Owner to Pet Care Service Provider that are necessary to access Pet Owner’s home. Unless Pet Care Service Provider obtains written authorization from Pet Owner prior to providing pet care services to Pet Owner, Pet Care Service Provider agrees to return to Pet Owner all keys or other access devices provided by Pet Owner to Pet Care Service Provider upon completing the provision of services to Pet Owner. Pet Care Service Provider shall be solely responsible for all injuries, damages, loss, costs and expenses, including reasonable attorneys’ fees and any costs for key or lock replacement, incurred by Furwy and/or Pet Owner arising out of or relating to Pet Care Service Provider’s breach of the terms of this Section 2.17, and Furwy may withhold from Pet Care Service Provider any fees otherwise due Pet Care Service Provider for services booked through Furwy in the event any such injuries, damages, loss, costs or expenses are incurred.
3. Member Conduct
3.1 Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
1. use our Service for any commercial purpose, unless expressly authorized by Furwy;
2. use the Site or Services to recruit, or solicit users for employment, or contact members to conduct business on behalf of a third party sitting service or network of Pet Care Service Providers;
3. use the site for competitive purposes, such as to ascertain the features or technical infrastructure of the Site;
4. violate any local, state, provincial, national, or other law or regulation, or any order of a court;
5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
6. interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
8. use our Services in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements unrelated to services usually arranged via the Site;
9. “stalk” or harass any other member of our Services;
10. collect or store any information about any other user other than for purposes of transacting as an Pet Owner, Pet Care Service Provider or provider of Third Party Services with another member;
11. extract profile information or contact information from profiles, whether to list such information on third party sites or for any other purpose;
12. register for more than one member account or register for a member account on behalf of an individual other than yourself;
13. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
14. use automated scripts to collect information or otherwise interact with our Service or the Site except through intentionally provided APIs;
15. violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
16. use the Site to find a Pet Care Service Provider, Third Party Service provider or Pet Owner and then complete a transaction offline in order to circumvent your obligation to pay for the Service;
17. submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Furwy reserves the right to cancel a member account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
3.2 Disputes with Other Members. You are solely responsible for your interactions with other Furwy members. We reserve the right, but have no obligation, to monitor disputes between you and other members, regardless of whether Furwy collected any money on behalf of a Pet Care Service Provider or a Third Party Service provider.
3.3 Listing Prices. If you (as a Pet Care Service Provider or Third Party Service provider) publish a price for pet care services that is accepted by you and a Pet Owner, you acknowledge and agree that the price you specify will constitute an essential part of a binding agreement between you and the Pet Owner. You further agree not to alter the price once accepted.
3.4.1 By Pet Care Service Providers. Pet Care Service Providers may incur the following penalties if they cancel a scheduled stay within seven or fewer days of the scheduled stay:
1. cancellations within seven or fewer days may result in account review and possible suspension;
2. cancellations within two days of a stay will result in immediate account suspension;
3. two or more cancellations within a three month time span will result in account suspension;
4. cancellations within fourteen or fewer days of major holidays (federal holidays and bank holidays) will result in immediate account suspension.
Furwy may accept or waive such suspensions in its sole discretion. Any suspension under this Section 3.4 may be appealed in writing to customer support. Furwy may accept or reject such appeal in its sole discretion. Pet Care Service Providers will be exempt from suspension in the event of a cancellation described above if the Pet Owner reschedules the stay with another Pet Care Service Provider referred by the original Pet Care Service Provider. Pet Owners that have had stays cancelled may leave a rating for the canceling Pet Care Service Provider.
3.4.2 By Pet Owners. If a Pet Owner cancels a reservation request, Furwy will return the funds to the Pet Owner in accordance with the Pet Care Service Provider’s cancellation policy. Furwy, however, is under no obligation to intervene in any dispute between members regarding any cancellations and/or refunds outside the scope of Furwy’s cancellation policy (if any), regardless of whether Furwy collected any money on behalf of a Pet Care Service Provider or Third Party Service provider. The cancellation policies are split into:
Flexible: Pet Owners may cancel a booking up to 3 days before the service with no penalty. Cancelling a booking within 3 days will subject the Pet Owner to a 50% penalty. Cancelling on the day of the service will forfeit 100% of the payment.
Moderate: Pet Owners may cancel the booking up to 7 days before the service with no penalty. Cancelling a booking with 7 days will subject the Pet Owner to a 50% penalty. Cancelling on a day of the service will forfeit 100% of the payment.
Strict: Once a booking is confirmed, no cancellations are permitted otherwise it will forfeit 100% of the payment.
3.4.3 Reservation Guarantee. If you are a Pet Owner and a Pet Care Service Provider cancels your reservation, you may contact us and we will use reasonable efforts to find a replacement Pet Care Service Provider, as applicable. If a replacement is found, Furwy will cover the cost difference between the original reservation and a new reservation, up to but not exceeding twenty-five percent (25%) of the total cost of original reservation. If Furwy cannot find a replacement, we will refund any funds you deposited for the cancelled reservation. The terms of this Section 3.4.3 will not apply to extent your reservation was cancelled due to your failure to provide accurate or complete information regarding your pet to a Pet Care Service Provider or when your reservation was cancelled due to the fact that your pet exhibited aggressive behavior. In such cases the Pet Owner will then be responsible for the full cost of any new reservation. Cancellations by Pet Care Service Providers are taken seriously. Each Pet Care Service Provider’s cancellation will be reviewed by Furwy to determine if it is subject to an account review. We understand that emergencies happen and will take time to review each cancellation on a case-by-case basis. Pet Care Service Providers should only accept those reservations that they are committed to completing. In the event a Pet Care Service Provider is no longer able to provide the service, the Pet Service Care Provider should contact Furwy immediately.
3.5 Authorization to Contact You; Recording Calls. Furwy may contact you by telephone or through the use of text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) transmit messages from other users; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. Furwy may also contact you using text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Furwy may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Furwy or its agents for quality control and training purposes or for its own protection.
3.6 Promotional Code & Promotional Voucher. The terms of this Section 3.6 will govern Pet Care Service Provider’s creation and distribution of custom promotion codes using. Promotion codes may be used only by Pet Owners for their first booking of a Pet Care Service Provider on Furwy (each, a “New Client”). The promotion code shall reduce the total booking fee for a New Client. To generate custom promotion codes, Pet Care Service Provider’s may contact us for the specific request and our customer service will provide you your unique codes.
The following additional terms and conditions apply:
1. Promotion codes may be up to 10 characters long.
2. Promotion codes may not contain any wording or phrases that (a) infringe or violate the rights of any third party, (b) are confusingly similar to any Furwy trademarks, (c) are inflammatory, obscene or vulgar, or (d) deceptive, misleading, or otherwise unlawful.
3. Limit of one promotion code redemption per New Client.
4. Limit of one promotion code per Pet Care Service Provider.
5. Redemption of the promotion code is subject to Furwy approval, valid registration, and acceptance of the Furwy Terms of Service (use of & booking through the Furwy.com website constitutes acceptance).
6. A Pet Care Service Provider may promote his/her promotion code on bona fide social networking platforms that are not primarily aimed at coupon or discount distribution; provided that the Pet Care Service Provider complies with all terms and conditions of such social networking platforms (e.g., Facebook, Twitter, Yelp, Craigslist, NextDoor, Google+).
7. Pet Care Service Providers acknowledge they are solely responsible for any liabilities arising from their acts or omissions in connection with their creation, marketing, or issuance of a promotion code.
8. Promotion code discounts are not transferrable by a New Client once redeemed.
9. Promotion codes are valid for a limited time only. Furwy reserves the right to modify, cancel, or delete promotion codes.
10. Promotional codes are void if restricted or prohibited by law.
11. Once a Pet Care Service Provider receives a promotion code, the promotion code cannot be changed, modified, or deleted (except by Furwy in its sole discretion).
12. Pet Care Service Providers may not include their promotion code anywhere within their Furwy profile or within direct messages to New Clients on the Furwy messaging platform.
13. Pet Care Service Providers cannot redeem their own promotion code on their own Furwy profile.
14. Promotional codes and vouchers cannot be redeemed for cash value.
15. Promotional codes are for first time Furwy customers only.
16. Promotional codes and promotional vouchers for first time customers are limited to one redemption/discount per household. Once a user/household has redeemed and used a promotion of any kind, they will not be eligible for any other promotions that indicate they are only for new customers.
17. Creation of multiple accounts in order to book for the same household/pet family using new customer promotions is prohibited.
18. Members will not be eligible for the paid value of any promotional voucher if they do not meet the general eligibility criteria applicable to the promotional voucher.
4. Age Restrictions on Use of the Site or Services
6. Your Content
6.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
1. infringes the copyright, trademark, or other intellectual property rights of any person;
2. is defamatory;
3. contains nudity or sexually explicit content, or is otherwise obscene;
4. may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
5. depicts or advocates the use of illicit drugs;
6. makes use of offensive language or images;
7. characterizes violence as acceptable, glamorous or desirable;
8. provides a link to any other websites; or
9. provides a phone number, email or other personal contact information.
6.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
7. Third-Party Content and Services.
In using our Services, you may be exposed to content and information from other members or third parties (“Third-Party Content”), either at our Site or through links to third-party websites. In addition to the services offered by Pet Care Service Providers, you may also have the option of purchasing products or services from third parties, which we may facilitate either through Site or through links to third-party websites (“Third-Party Services”). We do not control, and shall have no responsibility for, Third-Party Content or Third-Party Services, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable, or products or services that do not conform to your expectations. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third- Party Content, and use of Third-Party Services, including without limitation, profiles of other members of our Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any provider of Third- Party Content or Third-Party Services.
8.1 Fee Structure. In exchange for making the Pet Care Service Provider’s or Third Party Service provider’s services available through the Furwy.com platform, Furwy keeps a small portion of the Pet Care Service Provider’s or Third Party Service provider’s price of each stay or service (the “Platform Fees”). In certain circumstances, Furwy may also charge Pet Owner a service charge for use of the Services, calculated as a percentage of the Pet Care Service Provider’s or Third Party Service provider’s price of the stay or service (the “Service Charges”). Any Service Charges will be disclosed to Pet Owner prior to booking a stay.
As a Pet Owner: you agree to pay the price of a stay or service posted by the Pet Care Service Provider or Third Party Service provider with whom you have chosen to perform a service, fees for late pick-up of your pet (after the scheduled end time of your stay or service) and any applicable Service Charges.
As a Pet Care Service Provider or Third Party Service provider: posting a listing is free, but you agree that Furwy may deduct from the total amount charged to a Pet Owner Furwy’s then-current Service Fees for any service you provide through use of our Services or booked through the Site, including pet care services.
Some optional services or functionality may incur additional fees.
8.2 Payment Logistics. As a Pet Owner, if you wish to book pet care services through the Site, you will be required to create an account on the Site and provide your payment information and billing address. Except as set forth in Section 8.3, upon completion of the service in full compliance with the Policies, we or our third party payment processors will remit the money to the Pet Care Service Provider or Third Party Service provider (if applicable), less the Service Fees and any applicable Service Charges. When you (whether a Pet Owner or Pet Care Service Provider) purchase any service or product through the Site, you authorize Furwy or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in Singapore or Hong Kong dollars, including all applicable taxes (if any). If Furwy, a Pet Care Service Provider or a Third Party Service provider (if applicable) does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Furwy may suspend your access to our Services. All sales are final and Furwy will not issue refunds, except for as provided in its cancellation policy (see above Section 3.4) and in accordance with the Limited Refund set forth in Section 2.6 above. Furwy is not responsible for any actions or the performance of the third party payment processors.
8.3 Holds on Payments to Pet Care Service Providers. To protect Furwy from risk of liability for your actions as a Pet Care Service Provider, Furwy will place a hold on funds received from Pet Owners for stays booked with you through the Site based on certain factors, including, but not limited to, damages, expenses, liabilities or harm resulting from your interactions with another user of our Services, regardless of whether or not the other user has filed a written claim with Furwy. Additionally, based on the same factors, Furwy may recommend to third-party payment service providers with whom you have an account (e.g., PayPal) that the third-party payment service provider restrict access to funds in your account. This may result in the third-party payment service restricting funds in your account.
8.4 Policy and Plan Suspensions. We may suspend or terminate our refund and/or Protection Plan policies without notice if we suspect abuse or interference with the proper working of such policies or plans.
8.5 Donations. Some Pet Care Service Providers and Third Party Service providers may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability with respect to, whether the Pet Care Service Provider or Third Party Service provider does in fact make the donation they pledged to make.
8.7 Damages. As a Pet Owner, you are responsible for any and all actions by your pet during a pet care service booked through the Site. However, a Pet Care Service Provider may not invoke this provision, or anything else in this Agreement, to entitle the Pet Care Service Provider to reimbursement for damages to their property caused by pets in their care.
8.8 Tax Reporting. While Furwy is not a party to the transaction between a Pet Owner and Pet Care Service Provider. Furwy may be required by local tax authorities to report certain transaction information. Pet Owners and Pet Care Service Providers agree to provide Furwy with all necessary tax information in order for Furwy to make such reports and compile the necessary forms.
9. Proprietary Rights
9.1 Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you, and you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. “Furwy.com” and “www.furwy.com” are trademarks of Furwy and protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
9.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at Furwy Support. You may, however, establish ordinary links to our Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code. We reserve the right, in our sole discretion, to terminate your ability to link to our Site or use our embedded HTML “widgets.”
10. Registration; User Name and Password
You must register by completing a user profile to use certain features of the Service. When registering, you must provide accurate and complete information about yourself, including a verified email address, and promptly update this information if it changes. By creating a profile, you represent and warrant that you are lawfully able to enter into contracts on behalf of yourself or the entity you represent (if applicable). You are responsible for all activities associated with your account. Only one active profile (account) is allowed per person and per household. You will select a username and password as part of the registration process. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
11. Suspension and Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) suspend or terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will pay you any fees due to you, less any amounts you owe Furwy. Following any termination of any individual’s use of the Site or the Services, Furwy reserves the right to send a notice thereof to other users with whom we believe the individual has communicated. Our decision to terminate an individual’s registration and/or to notify other users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Any materials, including but not limited to feedback, comments, suggestions, or identifying potential errors and improvements, provided by you in the form of email or other submissions to Furwy (collectively “Feedback”) (excluding material that you post on or transmit through the Services in accordance with these Terms), are non-confidential and you hereby grant to Furwy and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use your Feedback for any purpose without compensation or attribution to you.
13. Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of a court in Hong Kong Special Administrative Region and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Asia Pacific Region:
Attention: Copyright Notice
20 Stanley Street, 5th Floor, Hong Kong
14. Modification of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
15. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
16. DISCLAIMER OF WARRANTIES
16.1 YOUR USE OF THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FURWY DOES NOT CHECK ANY PET CARE SERVICE PROVIDER, PET OWNER, OR OTHER USER’S BACKGROUND OR RECORD. FURWY IS A REPUTATION-BASED SYSTEM AND THEREFORE YOU SHOULD TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS REGARDING PET CARE SERVICE PROVIDERS, USE COMMON SENSE, AND BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FURWY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF BADGES AND OTHER PROFILE ATTRIBUTES—INCLUDING THOSE THAT REFERENCE THIRD PARTY ORGANIZATIONS— ARE MEANT TO FACILITATE THE EXCHANGE OF INFORMATION AND DO NOT REPRESENT A WARRANTY OR ENDORSEMENT OF ANY KIND, FROM EITHER FURWY OR ANY THIRD PARTY PROVIDERS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16.2 FURWY AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING THOSE PROVIDED BY FURWY’S THIRD PARTY PROVIDERS, WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
16.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
16.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM FURWY OR ITS THIRD PARTY PROVIDERS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THIS INCLUDES ANY STATEMENT ON OUR WEBSITE OR IN ANY MARKETING MATERIALS.
18. LIMITS ON LIABILITY
17. YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR THIRD PARTY (INCLUDING A PROVIDER OF THIRD-PARTY SERVICES) WHO CAUSED YOU, YOUR PET, OR ANY THIRD PARTY, HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM FURWY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS (COLLECTIVELY, “FURWY PARTIES”). FURWY PARTIES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY PET CARE SERVICE PROVIDER, PET OWNER, USER, PROVIDER OF THIRD PARTY SERVICES, OR OTHER THIRD PARTIES ON THE SERVICES; OR (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17.2 FURWY PARTIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
17.3 EXCEPT PURSUANT TO THE “LIMITED REIMBURSEMENT” SET FORTH IN SECTION 2.5.1 (IN WHICH CASE THE FURWY PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE TEN THOUSAND SINGAPORE DOLLARS (SG$10,000)) AND THE “LIMITED REFUND” SET FORTH IN SECTION 2.6 (IN WHICH CASE FURWY PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE FEES CHARGED BY FURWY (EXCLUDING ANY FEES PAYABLE TO PET CARE SERVICE PROVIDERS WHICH FURWY COLLECTS) FOR THE PARTICULAR STAY), IN NO EVENT WILL FURWY PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED AND FIFTY SINGAPORE DOLLARS ($150). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, LIQUIDATED DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You shall indemnify and hold us (and each of our affiliates, officers, directors, shareholders and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (1) your use of our Services or (2) any content you submit to us; (3) facts or circumstances that, if true, could constitute your breach of any of these Terms and/or any applicable laws, and (4) the acts of your pet. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. By way of example and not limitation, with respect to Pet Care Service Providers, you shall indemnify and hold us harmless to the extent we reimburse a Pet Owners pursuant to the Limited Reimbursement and Limited Refund in Section 2.5 and Section 2.6 above, which is incurred as a result (either solely or jointly) of the ’Pet Care Service Providers negligence and/or violation of these Terms. Without limiting the foregoing provisions of this Section 20, you agree to indemnify, hold harmless and defend Furwy from any and all claims that a Pet Care Service Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Pet Care Service Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Furwy was an employer or joint employer of a Pet Care Service Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
19. LEGAL DISPUTES
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Sites, Services, applications, and tools, or any products or services sold or purchased through the Sites, Services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”). Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
19.1 Applicable Law. You agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Furwy, except as otherwise stated in the User Agreement.
19.2 Agreement to Arbitrate. You agree that any and all disputes or claims that have arisen or may arise between you and Furwy relating in any way to or arising out of this or previous versions of the Terms, your use of or access to Services, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court.
19.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND FURWY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FURWY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER FURWY USERS.
19.4 Arbitration Procedures. The arbitrator, and not court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms, including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or Terms is void or voidable.
The arbitration shall be held in Hong Kong Special Administrative Region or at another mutually agreed location. If the value of the relief sought is SG$15,000 or less, you or Furwy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Furwy, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Furwy, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Hong Kong Special Administrative Region, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Furwy users, but is bound by rulings in prior arbitrations involving the same Furwy user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
19.5 Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
19.6 Severability. With the exception of any of the provisions in Section 21.3 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 21.3 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
19.7 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Furwy must be resolved exclusively by a court located in Hong Kong Special Administrative Region. You and Furwy agree to submit to the personal jurisdiction of the courts located within Hong Kong Special Administrative Region for the purpose of litigating all such claims or disputes.
19.8 Conflicts with Other Written Agreement; Exceptions. To the extent you have signed a written, wet signature commercial agreement with Furwy, the dispute resolution procedures in such agreement shall supersede the Dispute Resolution procedures herein, if applicable. Moreover, nothing in this Agreement prohibits Furwy from seeking injunctive relief in a court to the extent necessary to protect or enforce its intellectual property rights.
20. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms, including all Policies, constitute the entire agreement between you and Furwy concerning the Services. These Terms supersede all prior agreements or communications between you and Furwy regarding the subject matter of these Terms to the extent the prior agreements or communications conflict. Each of Furwy’s third party providers shall be third party beneficiaries of these Terms.
21. Questions & Contact Information
Please contact us at Furwy Support with any questions regarding these Terms of Service.
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Service.