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Last updated: May 29th, 2019
Thank you for using Wagney!
The Terms and Conditions (the “Terms” are a binding legal agreement (“Agreement”) between you and Wagney (“Wagney “, “we,” “us,” or “our”). The Terms govern your use of our resources and services for pet owners and pet service providers to find one another, communicate, and arrange for pet care services (our “Wagney Service”). The Terms govern your access to and use of the Wagney website, including any subdomains and any other websites through which Wagney makes its services available, our mobile, tablet and other smart device applications (our “Site”), our Facebook application, our online support offerings, or any other access point we make available to you. By accessing or using the Wagney website, you accept these Terms.
Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
Wagney 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 access and use of the Wagney the modified Terms will constitute your consent to be bound by the modified Terms.
These Terms and Conditions are organized into the following sections:
The Wagney Service is an online platform designed to help Pet Owners (“Members”) find, communicate with and interact with providers of pet-related services (“Pet Service Providers”).
Wagney is a neutral venue for Pet Service Providers and Members. We are not involved in the transactions between Users. Users arrange for the services completely between themselves, and Wagney is not a party to any of those arrangements. Wagney does not provide pet care services. Wagney is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users. You understand and agree that Wagney is not a party to any agreements entered between the users, nor is Wagney a broker, agent or insurer.
Notwithstanding the above, Wagney offers a payment policy to safeguard the payments between Members and Pet Service Providers.
While we may help facilitate the resolution of disputes, Wagney has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Pet Service Provider Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party.
Wagney does not endorse any Member, Listing or Pet Service Provider Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Wagney about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.
We conduct a review of Pet Service Provider profiles when they sign up and we may facilitate background checks on Pet Service Providers conducted by a third party, but, except where explicitly specified in the Wagney Terms, we do not otherwise screen Pet Service Providers and Members.
As a result, Wagney 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. Wagney does not have control, supervise or provide equipment to the Pet Service Providers, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Pet Service Providers.
Wagney further makes no representations about the Users. Wagney 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 and their pets. For example, each user of the Wagney Service is responsible for keeping current his or her own pet’s 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 Wagney 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 Pet Service Provider-Provided Services, is entirely your own. You acknowledge and agree that Wagney is not liable for any damages associated with the administration of pet sitting or other Pet Service Provider-Provided Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Pet Service Provider, any family member, friend, pet or other affiliate of the Pet Service Provider or any other third party).
Wagney is not party to any agreement or transaction between Member and Pet Service Providers and, as such, cannot verify or otherwise authenticate any claims made by the Pet Service Provider (including any medical certifications or insurance coverage held by a Member). Moreover, 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 Pet Service Provider for pet sitting or other pet-care related services.
Some Pet Service Provider-Provided Services (e.g.: pet sitting) 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 Pet Service Provider-Provided Service is best for your pet and to select the Pet Service Provider carefully.
If a Member fails to retrieve their pet within three (3) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Wagney (or the Pet Service Provider) may, in its sole discretion, place the pet in foster care, shelter and notify the authorities. As a Member you agree that you will be responsible for and will reimburse Wagney or the Pet Service Provider 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.
Wagney expressly reserves the right, in its sole discretion, to remove a Member’s pet from a Pet Service Provider’s care should Wagney deem it necessary for the safety of a pet, the Pet Service Provider, or any persons living with the Pet Service Provider. Prior to removing a pet from the care of a Pet Service Provider, Wagney will use reasonable efforts to contact the Member and/or the Member’s emergency contact (if provided) to arrange alternative care. Should Wagney not be able to contact the Member or the emergency contact, Wagney will use its best judgment to find alternative care for the pet until the Member is able to retrieve his/her pet. If you are a Member, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Wagney in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Wagney or the Pet Service Provider in connection with such transfer, including any additional charges for new Bookings.
We recommend that Members give their Pet Service Provider contact information where they can be reached in the event of emergency (for example when medical care for a pet becomes necessary). The Pet Service Provider agrees to immediately contact the Member in the event such care becomes necessary or, if the Member is not available, to contact Wagney support. If you are a Member, you hereby authorize your Pet Service Provider and Wagney to obtain and authorize 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 Wagney. If your Pet Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Pet Service Provider and Wagney for any injury, damage or liability arising from failure to seek such care, including from reimbursement. Members are solely responsible for the costs of any such medical treatment for pets and, if you are a Member, you hereby authorize Wagney to charge you for such costs.
As a matter of goodwill, however, and to protect the interests our community we have developed a program to assist in disputes or claims between Users: Satisfaction Money Back Guarantee.
In order to be eligible, you obviously need to (i) have organised a meet and greet with the sitter prior to the booking, (ii) have booked via the Wagney website and (iii) have left a poor review for the pet sitter. The refund is not to exceed 5 days of the gross booking amount.
Your claim needs to be submitted within 3 days of the end of the booking period via the contact us form.
As a Pet Service Provider, you acknowledge and agree that neither Wagney nor a Member have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Member pet, and you hereby agree not to seek any such reimbursement or other damages from Wagney or a Member or guest pet’s owner(s) in the event of any such property damage.
Due to the nature of the Internet, Wagney cannot guarantee the continuous and uninterrupted availability and accessibility of the Wagney Platform. Wagney may restrict the availability of the Wagney Platform 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 Wagney Platform. Wagney may improve, enhance and modify the Wagney Platform and introduce new Wagney Services from time to time.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
You also certify that you will comply with all laws applicable to your activities conducted through Wagney.
For Members, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law.
For Pet Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide your services, you have complied and will comply with all laws that are applicable to you, and you have obtained all business licenses, permits, other permissions and fulfilled any other necessary requirements to legally provide services. You acknowledge that Wagney is entitled to rely on these commitments, and is not responsible to ensure that Pet Service Providers have met these eligibility conditions.
You’re not allowed to use our Site or Services to break the law. At all times, you have to comply with all applicable laws.
Wagney has no obligation to conduct background or police checks of its users. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks to help verify the identities or backgrounds of Users, and (ii) screen Users against third party databases or other sources and request reports from service providers.
If requested by Wagney, you agree to provide Wagney with such identification documents (for example copies of ID or passports) or other information as may be needed or requested by Wagney.
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 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.
Without limiting the foregoing, Wagney and its designees will have the right to remove any reviews or other content that violates these Terms or is deemed by Wagney, in its sole discretion, to be otherwise objectionable.
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 authorized 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, Pet Service Provider, 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 Wagney 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.
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.
Beta Features. From time to time, we may offer new “beta” features with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at Wagney’s sole discretion.
By agreeing to our Terms, both Pet Service Providers and Members are also assuming the responsibility of clear and frequent communication.
For Pet Service Providers this includes:
For Members this includes:
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:
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 Wagney.
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 Wagney, 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 authorize sublicenses of the foregoing.
Review Guidelines. Members will have the opportunity to provide Reviews about Pet Service Providers whose services they have used. Reviews should not include any personal information about a Pet Service Provider that is not disclosed in the Pet Service Provider’s public Profile (for example, the Review should not include or reference a Pet Service Provider’s phone number or address). Reviews should be limited to your personal first-hand experience and should be 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 Wagney users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether Wagney collected any money on behalf of a Pet Service Provider or provider of Third-Party Services.
Listing Prices. If you post a listing offering pet related services, or other Third Party Services through the Site which is accepted by you and a Member, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the Member. You further agree not to alter the price once accepted.
As part of the Site, Wagney occasionally shares photo updates of guest pets and resident pets with Site users and the public. You agree that Wagney may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Instagram, and similar sites.
Pet Service Providers are required to provide periodic photo updates to the Members and Wagney via text message, profile messages or email. Failure to do so may result in the suspension of the Pet Service Provider from the Site.
You hereby represent and warrant to Wagney 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 Wagney or cause Wagney 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 Wagney 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 Wagney.
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 Wagney at any time.
Wagney, through its proprietary network of Pet Service Providers, arranges for the provision of the Pet Service Provider-Provided Services to Members, including, but not limited to temporary pet boarding, pet sitting, pet day care, dog walking, housesitting and other pet related services.
As a Pet Service Provider, you may create Listings, and will be asked detailed information about your services, your experience, your home and pets (if relevant). As a Pet Service Provider, you may set the pricing and terms for your services within the parameters permitted by the Site. Please note that it is the Pet Service Provider and not Pawmelo which determines the Pet Service Providing Fees.
Each Pet Service Provider hereby appoints Pawmelo as the Pet Service Provider’s limited agent solely for the purpose of collecting payments made by Members on behalf of the Pet Service Provider. Each Pet Service Provider agrees that payment made by a Member to Wagney shall be considered the same as a payment made directly to the Pet Service Provider and the Pet Service Provider will make the Pet Service Provider-Provided Services available to Member in the agreed upon manner as if the Pet Service Provider has received the applicable fees.
In accepting appointment as the limited authorized agent of the Pet Service Provider, Wagney assumes no liability for any acts or omissions of the Pet Service Provider. As a Pet Service Provider, you contractually agree that the first and all future bookings with a client from Wagney will be booked via the Site. Failure to abide by this policy will result in suspension from the Site.
Wagney charges a Service Fee of 15% to the Pet Service Provider to cover the costs of payment processing, marketing and site administration.
As a Member, you may book Pet Service Provider-Provided Services through the Site or list a request looking for Pet Service Providers to apply.
In connection with the Member-requested booking, the Member will be asked to provide customary billing information such as for example name, billing address and credit card information either to Wagney or its third-party payment processor. The Member agrees to pay Wagney for any confirmed bookings made in connection with their Wagney Account in accordance with these Terms by one of the methods described on the Site – e.g. by PayPal or credit card. The Member hereby authorises the collection of such amounts by charging the payment method provided as part of requesting the booking, either directly by Wagney or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site.
The Pet Service Provider is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Wagney at its sole discretion) or the Member will have no obligation to complete the transaction.
If the Pet Service Provider accepts the booking request (i.e. the booking is completed by both parties), they agree to honour the price set forth in their Booking and the full amount of the Pet Service Provider-Provided Service, inclusive of the Wagney Service Fee will be charged to the Member’s payment information on file immediately.
The Member authorises to be charged in the event of
Wagney will release the payment (less Service Fee) to the Pet Service Provider within seven (5) business days after the end of the services. Once these amounts have been disbursed, any further payment disputes are between the Member and Pet Service Provider, and Wagney has no obligation to mediate or facilitate any resolution. Further, Wagney has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Wagney Service.
If you are a Pet Service Provider, Wagney reserves the right to issue a hold on amounts otherwise payable to you pursuant if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Wagney, the Wagney community or third party rights. We may also recommend that third-party payment service providers restrict your access to funds in your account under the same circumstances.
Cancellation by Members: Each Pet Service Provider agrees that Wagney may, in accordance with the cancellation policy selected by the Pet Service Provider and reflected in the relevant Listing, permit the Member to cancel the booking.
Pet Service Providers can choose one of the following cancellation policies, which is displayed on their profile:
Sprehod s psom in dnevno varstvo vedno imata politiko prilagodljive odpovedi.
Home visits, home boarding and housesitting can have a Flexible, Moderate or Strict cancellation policy. The moderate cancellation policy is the default cancellation policy for home visits, home boarding and housesitting.
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 relevant refund.
Cancellations by Pet Service Providers are taken seriously and may result in account review, temporary suspension and possibly termination of their access to Wagney. Sitters are expected to only accept those Bookings that they are committed to completing. Wagney 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.
We recommend for first-time booking between Member and Pet Service Provider, Member and Pet Service Provider may, at their own discretion, arrange for a live “Meet & Greet” to introduce the Member’s pet to Pet Service Provider, the Pet Service Providers home and pets. If the result of this meeting is the determination that a pet boarding stay or other Pet Service Provider-Provided Service would not be in the best interests of the pets, either party may cancel the booking and all money will be refunded to the Member. The Member must contact Pawmelo’s customer support to request this refund.
Satisfaction Money Back Guarantee: If we determine in our reasonable discretion that a Pet Service Provider has failed to provide services as agreed with the Member or otherwise in accordance with these Terms then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Member. The refund is not to exceed five (5) days of the gross booking amount.
Wagney may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Wagney is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Wagney of such Third-Party Services.
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, Wagney 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 Pet Service Providers, the Pet Service Provider-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, Wagney 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.
Wagney 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 Pet Service Provider-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 Wagney 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.
Wagney is not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by Wagney. Wagney expressly disclaims any warranty related to the quality of Pet Service Provider-provided services and the persons or businesses referenced on the site. You use Pet Service Provider-provided services at your peril and assume all risks related to use of said Pet Service Provider-provided services. Licensing and certification requirements (or the absence thereof) for some or all of the Pet Service Provider-provided services offered by Pet Service Providers widely vary by state, county, city, municipality or township.
Wagney makes no representations or warranties that any of the Pet Service Providers offering Pet Service Provider-provided services through the site have complied with any applicable state, county or municipal law, statute, ordinance or regulations. Wagney’s appointment as the limited agent of the Pet Service Providers for the purpose of accepting payments from members on behalf of the Pet Service Providers, Wagney explicitly disclaims all liability for any act or omission of any Pet Service Provider, member or other third party.
By agreeing to serve as a Pet Service Provider and provide Pet Service Provider-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 your residence may suffer. It is the sole responsibility of Pet Service Providers to make decisions that are in the best interests of themselves and their pets. It is recommended that all Pet Service Providers schedule a “Meet and Greet” with all pets and Members before providing pet boarding or other Pet Service Provider-Provided Services to mitigate as many risks as possible.
Should you agree to serve as a Pet Service Provider, you agree and acknowledge as follows:
Whether you are a Member or a Pet Service Provider, you agree not to hold Wagney 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 Pawmelo 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) Pet Service Providers’ 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 Wagney 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 Pet Service Provider-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 Wagney 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 Wagney 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 Euros (€100.00), excluding any obligations to pay amounts to Pet Service Providers or refunds to members pursuant to these terms.
No Liability for non-Wagney Actions. To the maximum extent permitted by applicable law, in no event will Wagney 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 Wagney 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 Wagney service, or for any interactions with other users of the Wagney 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 Wagney 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 Wagney and form a basis of the bargain between the parties.
You agree to indemnify, defend and hold harmless Wagney 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 Pet Service Provider-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.
Wagney 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.
Wagney may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site.
Unless otherwise decided by Wagney, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s account, Wagney may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by Wagney, you may not re-register without Wagney’s 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 Wagney. 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.
Copyright. All materials on the Site other than User Content are either owned by Wagney or are the property of Wagney’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
Trademarks. The service marks and trademarks “Wagney” and the Wagney logo are owned by Wagney. 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 Wagney 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.
Ownership and Use. Wagney retains ownership of its intellectual property rights and you have no rights to Wagney’s intellectual property or Wagney’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create. You agree that we will have a perpetual right to use and incorporate into the Wagney Service any feedback or suggestions for enhancement that you provide to us concerning the Wagney Service, without any obligation of compensation.
Your Content. Other than the non-exclusive license granted to Wagney with respect to User Content, Wagney will not acquire an ownership interest in the User Content you post.
Wagney is not an employment service and does not serve as an employer of any user. As such, Users are solely responsible (and Wagney is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users.
As a Pet Service Provider, you acknowledge that you are responsible to pay any taxes that arise as a result of use of services via Wagney.
You understand and agree that if Wagney is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify Wagney for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
You are responsible for complying with all applicable tax laws and regulations related to your use of the Site and Pet Service Provider-Provided Services. Without limiting the foregoing, each Pet Service Provider is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. Wagney is not responsible for any taxes related to your use of the Site or the Pet Service Provider-Provided Services.
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, Wagney is not acting as an agent for any Pet Service Provider, Member or any other user or visitor of the Services or the Site. Wagney is not an employment service or agency, and does not serve as an employer or referral source for any User.
The Terms and your use of the Service, including, but not limited to, the Site will be governed by and construed in accordance with the laws of Slovenia, applicable to agreements made and to be entirely performed within Slovenia, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and Wagney will submit to the exclusive jurisdiction of the state and federal courts in Slovenia.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms shall remain in full force and effect.
You may not assign these Terms without the prior written approval of Wagney. Any purported assignment in violation of this section shall be void. Wagney 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 Wagney.
No Joint Venture or Partnership. Nothing in these Terms and Conditions 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 Wagney 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 Wagney as to any matters relating to the Site or Services please contact us at: