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PAWS & RELAX PET CARE MACKAY TERMS AND CONDITIONS

Paws & Relax Pet Care Mackay (Vicki Richards) provides pet and house-sitting services in the Pet Owner’s home while the Pet Owner is away (collectively, the Services). The Services are available on the Paws & Relax Pet Care Mackay website (www.pawsandrelaxmackay.com).

For the avoidance of doubt, the term Paws & Relax Pet Care Mackay, used throughout this document, refers to Vicki Richards.
1. Contract

  1. These Pet/House Sitter Terms and Conditions (Terms) form a binding legal agreement between Paws & Relax Pet Care Mackay and the person, organisation or entity using the Services (User or Owner). By using the services of Paws & Relax Pet Care Mackay, each User agrees to comply with and be legally bound by these Terms.
     

  2. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Paws & Relax Pet Care Mackay using the contact details at the end of these Terms.
     

  3. The User’s use of Paws & Relax Pet Care Mackay’s services indicates that:
     

    1. the User has had sufficient opportunity to access the Terms and Conditions;

    2. the User has read, accepted, and will comply with the Terms and Conditions;

    3. the User has legal capacity to enter into a contract for pet/house-sitting services; and

    4. the User is 18 years or older.
       

  4. These Terms may be amended from time to time, without prior notice. Use of Services provided by Paws & Relax Pet Care Mackay following any such amendments will be deemed to be confirmation that the User accepts those amendments. Paws & Relax Pet Care Mackay recommends that each User check the current Terms and Conditions before continuing use of the Services.

 

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use the Services of Paws & Relax Pet Care Mackay.

2. Provision of Services Only

  1. Paws & Relax Pet Care Mackay provides a paid service only. Paws & Relax Pet Care Mackay is not, and will not be made, liable or responsible for purchasing any goods or paying any amounts due regarding the pet(s) in her care that belong to the User.
     

  2. For the avoidance of doubt, this includes food, treats, toys, bedding, poop bags, collars, leads, car restraints, products for grooming, veterinary payments, and any other items necessary for the care of the User’s pet(s). The User agrees that all necessary items related to the care of their pet(s) are supplied by the User, and that any other necessary arrangements are made by the User prior to the start date of the pet-sitting service by Paws & Relax Pet Care Mackay.
     

  3. If, due to unforeseen circumstances, Paws & Relax Pet Care Mackay needs to make a financial payment towards the pet(s) in her care, then the User will be liable to refund Paws & Relax Pet Care Mackay the full amount as soon as possible. Paws & Relax Pet Care Mackay will seek approval from the User before making any transactions; however, if the User is not contactable and the situation is urgent, then the User must reimburse Paws & Relax Pet Care Mackay as soon as possible. This refers to urgent needs of the pet(s) only (e.g., food or emergency veterinary care). Paws & Relax Pet Care Mackay will provide the Owner with a copy of the receipt for these purchases.
     

  4. The User must provide all relevant information to Paws & Relax Pet Care Mackay by filling out the required Booking form and by signing the Declaration form supplied by Paws & Relax Pet Care Mackay. The Booking form is a valuable resource to Paws & Relax Pet Care Mackay and Paws & Relax Pet Care Mackay reserves the right to cancel the pet-sitting service if the information on the Booking form is not provided.

3. Fees & Cancellation Policy

  1. The User is required to pay Paws & Relax Pet Care Mackay the quoted booking deposit, being the cost of one (1) day’s payment, before a booking can be confirmed.

    The booking deposit can be paid by direct transfer to Paws & Relax Pet Care Mackay’s bank account or by cash. Paws & Relax Pet Care Mackay will provide the User with a receipt when the deposit has been paid.
     

  2. The User is required to pay Paws & Relax Pet Care Mackay the full balance of the quoted pet sit prior to the pet-sitting service start date. Failure to make this payment will result in Paws & Relax Pet Care Mackay cancelling the service with the User.

    Payment can be made by direct transfer to Paws & Relax Pet Care Mackay’s bank account or by cash. Paws & Relax Pet Care Mackay will provide the User with a receipt for the payment.
     

  3. The User is also subject to the cancellation policy of Paws & Relax Pet Care Mackay. If the User does not give sufficient notice of cancellation, being seven (7) days’ notice, then the User is charged a cancellation fee equivalent to one (1) day’s payment for the service that was booked.

    Example: If the User’s deposit for one (1) day is twenty dollars ($20) and the User cancels the service but does not give the required seven (7) days’ notice, then the deposit of twenty dollars ($20) remains the property of Paws & Relax Pet Care Mackay. In addition, late cancellations give Paws & Relax Pet Care Mackay the right to refuse future bookings with that same User.
     

  4. Paws & Relax Pet Care Mackay’s pricing structure or payment methods may be amended from time to time at its sole discretion.

4. The Right to Choose and Refuse

Paws & Relax Pet Care Mackay reserves the right to refuse a Service at her discretion and is not liable to give a reason for doing so.

 

Paws & Relax Pet Care Mackay strongly advises a Meet and Greet take place prior to booking a service. This way, Paws & Relax Pet Care Mackay and the User will have a clearer idea of whether the service will be suitable to all concerned.

 

The User also has the right to change their mind and/or cancel the service at their discretion and is not liable to give a reason for doing so. The User must cancel at least seven (7) days before the booked service to have their deposit refunded, in accordance with the Cancellation Policy in Section 3.

5. Care of Pet(s)

Paws & Relax Pet Care Mackay states that she will care for your pet/s to the best of her ability and according to the instructions of the Owner during the period of the pet sitting Service. This refers to all aspects of care and supervision both in the home, home grounds and when outside of the home grounds such as when walking the pet/s or transporting the pet/s in a vehicle. If, however an incident should happen that resulted in harm or death to the Owners pet/s while in the care of Paws & Relax Pet Care Mackay then Paws & Relax Pet Care Mackay will not be held responsible or liable for the incident that caused harm or death to the pet/s of the Owner.

 

Example A: If Paws & Relax Pet Care Mackay is walking the pet(s) of the Owner and another animal attacked the pet(s) resulting in injury or death, Paws & Relax Pet Care Mackay would not be held responsible for the incident by the Owner nor would she be liable for any expenses that come as a result of the incident. Any expenses that arise because of such an incident would be the responsibility of the Owner or the person responsible for the animal that attacked the pet(s) in the care of Paws & Relax Pet Care Mackay.

 

Example B: If the Owner’s pet(s) appear ill or are found deceased while in the care of Paws & Relax Pet Care Mackay, then Paws & Relax Pet Care Mackay will not be held responsible for the illness or death of the Owner’s pet(s). Paws & Relax Pet Care Mackay’s responsibility will be to notify the Owner and receive or confirm instructions regarding what action to take, including medication, confining the pet(s) so they can rest, and veterinary contact and consultation. If a pet is deceased, then Paws & Relax Pet Care Mackay would contact the Owner and await instructions regarding disposal of the pet’s body.

6. Registration and Microchip Information – Accidental Escape Policy

Paws & Relax Pet Care Mackay requests that all required pet registrations and microchip details are current and up to date with the correct address and contact phone number before the pet sit Service commences.

 

One of the most common mishaps when a pet is being cared for by others is the pet(s) escaping. Paws & Relax Pet Care Mackay asks that all avenues are taken prior to the pet-sitting service to prevent the Owner’s pet from escaping. This includes ensuring the yard is escape-proof. If a pet tends to wander, it is essential to let Paws & Relax Pet Care Mackay know and discuss strategies to prevent this from happening.

 

Paws & Relax Pet Care Mackay will not be held responsible if the Owner’s pet(s) escape, run away, or wander during the pet-sitting service. Paws & Relax Pet Care Mackay will contact the Owner immediately if this occurs and search the area for the pet. This is a key reason it is vital that the Owner has pet registration and microchip details current and up to date with the correct address and contact phone number. If Paws & Relax Pet Care Mackay is unsuccessful in finding the Owner’s pet(s), the pet’s details provide the best chance of the pet being returned to the Owner.

7. Owner Warranties and Representations

  1. Owners represent and warrant that in relation to their home and/or vehicle (if applicable):
     

    1. they have full, comprehensive and current insurance policies and cover in place for their home and vehicle (if applicable), including insurance for any and all loss, liability and personal injury that may occur to any third party (including sitters) occupying or using the home and/or vehicle (if applicable), or which results from an act (or failure to act) of any third party (including sitters) occupying or using the home and/or vehicle (if applicable) during any period of house sitting;

    2. all land rates, property taxes, utilities, mortgage payments, body corporate fees, television/radio licences, fire, police, ambulance and other emergency services levies, and all other levies, rates, taxes, charges, tolls and/or tithes payable by the Owner are paid for and will be paid for during any period of house sitting;

    3. all fittings and appliances (as relevant) are in good working order immediately prior to the commencement of any period of house sitting; and

    4. they will be responsible for and bear the cost of any repairs required to be made to their house and/or vehicle (if applicable) attributable to normal wear and tear, including any fittings, appliances and contents (as relevant)
      .
      ​Note: Legal requirements in relation to home and vehicle (if applicable) insurance may be different in each local area, State or Territory. Owners are solely responsible for ensuring the legality and appropriateness of any insurance in their own legal jurisdiction.
       

  2. For the avoidance of doubt, Paws & Relax Pet Care Mackay assumes no responsibility for and makes no representations or warranties for an Owner’s compliance with any applicable laws, rules and regulations or these Terms, including compliance with their warranties and representations as set out in this section.

8. Sitter Warranties and Representations

  1. Paws & Relax Pet Care Mackay represents and warrants that in relation to any home and/or vehicle (if applicable) she occupies and uses during any period of house sitting:
     

    1. she will be responsible for and bear the cost of any repairs required to be made to the house and/or vehicle (if applicable) attributable to any neglect or misuse (including any fittings, appliances and contents) and will immediately report the required repairs to the Owner;

    2. she will immediately report to the Owner any loss, liability and personal injury that occurs to any third party (including themselves) occupying or using the home and/or vehicle (if applicable), or which results from an act (or failure to act) of any third party (including themselves) occupying or using the home and/or vehicle (if applicable) during any period of house sitting;

    3. she will be responsible for her duties to the pet(s) in her care and the home as per the negotiations with the Owner;

    4. she will keep the home and vehicle (if applicable) clean, tidy and in a good state of repair;

    5. she will replace any broken items with items of equivalent use and quality;

    6. the home and vehicle (if applicable) will be securely locked at all times;

    7. she will not do anything, or authorise any third party to do anything, that could terminate or invalidate any insurance cover for the home and/or vehicle (if applicable);

    8. she will not smoke in the home, have visitors to the home without prior agreement with the Owner, or use any parts of the home deemed “off limits” as discussed with the Owner;

    9. she will collect any mail and put out and bring in wheelie bins as per instructions from the Owner; and

    10. she will leave the house and vehicle (if applicable) clean, tidy and in a good state of repair following any period of house sitting.

9. Dispute Resolution

For disputes between Owners and Paws & Relax Pet Care Mackay, it is highly encouraged that both parties attempt to resolve disputes (including claims for refunds) with the other party directly and in good faith. It is recommended to refer back to these terms and conditions and to the (Pet Sit) form for reminders of agreements made between both the Owner and Paws & Relax Pet Care Mackay prior to the pet/house sit. In the event that a dispute cannot be resolved through these means, Owners and Paws & Relax Pet Care Mackay may choose to resolve the dispute in any manner agreed between them or otherwise in accordance with applicable laws.

10. Reviews and Ratings

  1. Owners may provide a review for Paws & Relax Pet Care Mackay and Paws & Relax Pet Care Mackay may provide a review for the Owner. Reviews are welcome on Paws & Relax Pet Care Mackay’s Facebook page.
     

  2. If, in Paws & Relax Pet Care Mackay’s reasonable assessment, a review, rating or response is untrue, unfair, inaccurate, offensive or inappropriate, Paws & Relax Pet Care Mackay reserves the right to delete the review, rating and/or response.

11. Consumer Guarantees

  1. Consumer legislation in Australia, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), provides consumers with guarantees that cannot be excluded, restricted, or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
     

  2. If the User is a consumer as defined in the ACL, the following notice applies to the User from Paws & Relax Pet Care Mackay: I guarantee that the Services I supply to you are rendered with due care and skill; fit for the purpose advertised, or for the purpose you have told us you are acquiring the Services for (unless I consider and disclose that this purpose is not achievable); and will be supplied within a reasonable time. To the extent I am unable to exclude liability, my total liability for loss or damage you suffer or incur from my Services is limited to me re-supplying the Services to you, or, at my option, refunding you the amount you have paid me for the Services to which your claim relates.

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