Terms & Conditions

The legal terms and conditions for HomeMyPet, last updated: 9 January 2018

The website www.homemypet.com (the "Website") is operated by HomeMyPet, an FZ LLC company registered in the United Arab Emirates under trade license number 180273001.

Definitions

The following definitions, in addition to those set out herein, apply in these Terms & Conditions:

"Content" means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or HomeMyPet, through their use of the Service, including as displayed in their Profile;

"Platform" means the Website, including all Services made available via the Website;

"Profile" means the information held by HomeMyPet about a User of the Platform, such information having been submitted by the User to whom the information relates to;

"Services" means the services covered by the platform;

"User" means any person who registers their details for an account with the Platform, including Borrowers and Owners

1. Acceptance of Terms

1.1 Your access to and use of the Platform is subject to these Terms & Conditions. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms & Conditions, you must immediately stop using the Platform.

1.2 We reserve the right to update or amend these Terms & Conditions at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page so please check this page regularly to take notice of any changes we have made, as these will be binding on you.

2. The Services

2.1 The Platform provides a meeting place for Users who are Pet Owners ("Owners") and Users who would like to be borrowers of pets ("Borrowers"). This is enabled through various services, tools and facilities accessible on the Platform (the "Services"), including:
  • creation of an Owner's dashboard, with information about their pets and their likes and dislikes.
  • creation of a Borrower's Profile, with information about themselves, their experience looking after pets and why they want to have a pet in their life; and
  • access to a searchable database of these Profiles.
HomeMyPet is a neutral venue for connecting pet owners to pet borrowers. HomeMyPet is not a service provider, except for customer support, and does not provide pet care services.

2.2 You must be at least 18 years old to register for an account on the Platform and use the Services. By registering for an account, you warrant that you are at least 18 years old.

2.3 If you are an Owner, your pet must be at least 3 months old. By registering for an account, Owners represent and warrant that their pet(s) is/are at least 3 months old.

2.4 Dogs covered under the UAE’s banned dog list are not permitted to be registered on the Platform.

2.5 You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.

2.6 If a pet owner fails to retrieve their pet within 7 days after the service period identified in a booking, the pet owner agrees that HomeMyPet can, at it’s sole discretion, place the pet in foster care and notify animal welfare authorities. The pet owner agrees to reimburse HomeMyPet and/or the Pet Borrower for any costs arising from such action.

3. Privacy Policy

Protecting your data is very important to HomeMyPet ("HomeMyPet", "us", "our" or "we"). Our collection and use of your personal information on the HomeMyPet platform is described in our Privacy Policy. By accessing or using the HomeMyPet platform, you acknowledge and consent to the Privacy Policy.

4. User Account, Password, Booking & Payment

4.1 When you sign up for an account on the Platform, either as an Owner or a Borrower, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will HomeMyPet be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person's account at any time.

4.2 Pet Owners and Pet Borrowers will transact with each other on the HomeMyPet website once a booking has been agreed upon which specifies the time period, fees, cancellation terms and other relevant information (a "Booking"). Once a booking has been completed, you agree to honour the price and agreed terms of the booking.

4.3 Pet Owners are solely responsible for evaluating the suitability of Pet Borrowers for the services they offer. HomeMyPet uses a third party to conduct security checks on all Pet Borrowers, however HomeMyPet does not warrant that any such screening is accurate, complete or conclusive.

4.4 HomeMyPet facilitates payment from a Pet Owner to a Pet Borrower by acting as an agent between the Pet owner and the Pet Borrower. HomeMyPet collects payment from the Pet Owner at the time of booking and remits payment to the Pet Borrower within 48 hours of completion of the service period indicated in the booking.

4.5 If you choose to become a Pet Borrower, HomeMyPet will ensure you receive full payment within 48 hours of completion of the booking. HomeMyPet will retain 20% of the total cost of the booking. Details of the service fee can be found in our Frequently Asked Questions page.

4.6 If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged a late pickup fee for each partial late day at the daily rate established in the Booking. In addition, you agree to indemnify HomeMyPet from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Pet Borrower incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.

4.7 We reserve the right to vary the fees in accordance with these Terms & Conditions. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platform after the fee variation becomes effective constitutes your agreement to pay the new fee.

4.8 HomeMyPet reserves the right to correct any errors or mistakes that it makes in relation to fees.

4.9 United Arab of Emirates is our country of domicile and stipulate that the governing law is the local law.

5.0 Visa and Master Cards accepted for payment. Currency accepted is UAE Dirhams.

5.1 We will not trade with or provide any services to OFAC and sanctioned countries.

5.2 Customers using the website who are a minor/under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

5.3 Cardholder must retain a copy of transaction records and HomeMyPet policies and rules.

5.4 All users are responsible for maintaining the confidentiality of their account.

5. Cancellations and Refunds

5.1 If a Pet Borrower cancels a Booking prior to or during the period specified in the booking, we will refund the cost of the booking paid by the Pet Owner for Pet Care Services not provided. Pet Borrower cancellations are taken seriously and if you are a Pet Borrower, you acknowledge that cancellation by you may result in suspension or termination of your access to the HomeMyPet platform.

5.2 As is described in our Frequently Asked Questions page, our Booking Guarantee utilises all efforts to source a replacement Pet Borrower should the Pet Borrower you have booked with cancel at short notice. If the Pet Owner accepts a new booking with a new Pet Owner, HomeMyPet will cover the difference in cost between the original booking and the new booking. This is limited to a value of up to 25% of the total cost of the original booking. However, if a booking is cancelled by a Pet Borrower due to the Pet Owner failing to provide accurate information, incomplete or misleading information regarding their pet or due to their pet’s aggressive behaviour, the Pet Owner is responsible for the total cost of the new booking.

5.3 If a Pet Owner cancels a booking prior to or during the period specified in the booking, HomeMyPet will refund the amount owed in accordance with the cancellation terms specified in the Pet Borrower’s profile on the HomeMyPet website. All Pet Borrowers are required to specify their cancellation terms in order to ensure Pet Owners are aware of these terms when proceeding with a booking.

5.4 If we feel that a pet owner has received a substandard service from the Pet Borrower, contrary to what is specified in our Terms & Conditions, then using our reasonable discretion we may cancel the booking and/or provide a partial or full refund to the Pet Owner.

5.5 If either party wishes to cancel a booking, this should be done using the mechanisms made available on the HomeMyPet website. The date of the cancellation will be determined as the date of the cancellation on the HomeMyPet website, regardless of any communication outside of the HomeMyPet platform.

5.6 HomeMyPet issues payment to the Pet Borrower within 48 hours of the completion of the booking. Once this payment has been made, any payment disputes between the Pet Owner and the Pet Borrower are between the two parties and HomeMyPet is not obliged to mediate a resolution. HomeMyPet also holds no responsibility to any payments made outside of the HomeMyPet platform.

5.7 Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depending on the issuing bank of the credit card.

6. Promises

6.1 If you are a Pet Owner, you promise that you will provide accurate and up-to-date information about you and your pet and that your pet is safe and in good health for borrowing by a Pet Borrower.

6.2 If you are a Pet Borrower, you promise that you will provide accurate and up-to-date information about you and your experience with pets and that, when entrusted with a pet, you will use your best efforts to care for the pet, if you are borrowing a dog then you will keep the dog on its lead (unless you have written permission from the Owner to let the dog off the lead) and follow any instructions provided by the Owner regarding care of the pet. You also acknowledge that you will be responsible for the safety and well-being of the pet during such time.

6.3 All borrowers registered on the HomeMyPet platform are solely responsible for obtaining all permits, licenses and other permissions required to offer or provide services such as pet boarding and pet sitting and HomeMyPet assumes no responsibility for a borrower's failure to obtain such permits, licenses or permissions or compliance with applicable laws, rules or regulations.

6.4 The above promises are made as between the Pet Owner and the Pet Borrower, and are not guaranteed by HomeMyPet. In no event shall HomeMyPet be responsible or liable to you as a result of the failure of an Owner or Borrower (as applicable) to comply with the above promises.

7. Acceptable Use

7.1 You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. HomeMyPet will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Platform and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.

7.2 In using the Platform, you agree not to:
  • send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
  • post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
  • post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
  • threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
  • make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
  • advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
  • impersonate any person or entity for the purpose of misleading others;
  • violate any applicable laws or regulations;
  • use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
  • post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
  • attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means.
7.3 We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms & Conditions or is otherwise objectionable.

7.4 If you are a Pet Borrower, HomeMyPet has no obligation to provide you with any reviews written about you by other users. 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 the HomeMyPet platform at any time.

8. Termination

8.1 You may terminate your account on the Platform at any time, for any reason, without explanation, by deleting your profile and ceasing all use of the Platform.

8.2 HomeMyPet reserves the right to do either of the following without notice and in its sole discretion:
  • terminate these Terms & Conditions;
  • suspend or terminate your access to all or part of the Platform (including deletion of your account); and/or
  • remove your account information or data from the Platform, including Profiles, and any other records,
In the event you commit a material or persistent breach of these Terms & Conditions, the Platform is discontinued, we lose the right to provide you with the Platform or where the provision of the Platform or a particular Service becomes unlawful.

8.3 Following termination of these Terms & Conditions for any reason:
  • all rights, licences and permissions granted to you under these Terms & Conditions shall cease;
  • you must immediately stop using the Platform and shall not register for another account unless expressly permitted by HomeMyPet; and
  • HomeMyPet reserves the right to notify other Users with whom you have communicated of such termination.

9. Links to Third Party Websites

The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that HomeMyPet is not responsible for the content or availability of any such sites.

10. International Use

10.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Arab Emirates or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

10.2 Unfortunately, you may only use the Services if you are resident in a country in which we operate.

11. Intellectual Property Rights

11.1 We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The Platform, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

11.2 HomeMyPet does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the Platform. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the Platform. This licence shall be terminated when such Content is deleted from the Platform by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes.

11.3 The name HomeMyPet and the HomeMyPet logo are trade marks of HomeMyPet.

12. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless HomeMyPet, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
  • your use of or inability to use the Platform;
  • any Content transmitted by you on the Platform;
  • your violation of any terms of these Terms & Conditions or your violation of any rights of a third party; or
  • your violation of any applicable laws, rules or regulations when using the Platform.
You agree to defend, indemnify and hold HomeMyPet harmless from and against any and all legal action, losses, expenses, damages, claims and costs that are related in anyway to your (1) transactions and interactions, online or offline, with other users of the HomeMyPet platform; (2) breach of these Terms; (3) disputes with other users of the HomeMyPet platform; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to yourself or third parties caused by your pet or pets in your care; (6) Your Content.

13. Disclaimers and Limitation of Liability

13.1 The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. HomeMyPet makes no warranty that material on the Platform (including the Content) will be accurate or reliable, that the functionality of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or that the server that makes the Platform available is free of viruses or anything else which may be harmful or destructive.

13.2 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements. You assume full responsibility for results obtained from the use of the Platform, and for conclusions drawn from such use.

13.3 If you arrange to meet a Pet Owner or a Pet Borrower through the Platform, the obligations arising in relation to the meeting(s) are directly between you and the Pet Owner or Pet Borrower (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you and the Owner or the Borrower (as applicable) about the meeting(s). As such, and by way of example, in the event of your pet suffering injury or causing property damage or injury to others, suffering illness or death as a result of any act or omission of any Pet Owner or Pet Borrower (or any other person), you (as an Owner) having any complaint about the quality of the Borrower’s treatment of your pet, or you (as a Pet Borrower) having any complaint about the quality of the Pet Owner’s treatment of their own pet, or you having any other complaint at all about a Pet Owner or Pet Borrower you have partnered with, you acknowledge that your sole right of redress will be against that person and you agree that HomeMyPet will not be held liable. You agree to take all necessary precautions when communicating with or meeting other Users.

13.4 We hereby expressly disclaim, and you hereby expressly release us from, any or all liability whatsoever from any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of pet borrowers or pet owners, whether on or off the platform. You acknowledge and agree that your use and/or provision of pet care services is at your sole and exclusive risk.

14. General

14.1 Severance
If any provision or part provision of these Terms & Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

14.2 No Assignment
We may transfer our rights and obligations under these Terms & Conditions to another organisation, but this will not affect your rights or our obligations under these Terms & Conditions. You may only transfer your rights or obligations under these Terms & Conditions to another person if we agree in writing.

14.3 Waiver
If we fail to insist that you perform any of your obligations under these Terms & Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.4 HomeMyPet uses a third party security agency that perform identification checks on Pet Borrowers in order for the Pet Borrower to become verified on the HomeMyPet website. We do not provide ourselves, or are liable in any way, for the background checks, nor do we endorse or make warranties for the reliability and/or accuracy of the background checks. HomeMyPet does not verify independently the information in the background checks.

14.5 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates and you hereby submit to the exclusive jurisdiction of the Sharjah Freezone.