Pet boarding in host families | Cat sitting, Cat Feeding, Dog sitting, and Dog Walking

TERMS AND CONDITIONS

Max & Kitty UK Limited - Terms and Conditions of use of the Website

SECTION 1 – About us

Max & Kitty UK Limited ("us", "we" or “Max & Kitty”) provides amongst other things an online platform that connects and matches domesticatedpet owners with individual pet care providers of pet services and allows booking of pet services of domesticated pet owners with individual pet care providers of pet services through our Website including the matching services (together with the Website “our Services”). We do not provide pet services. Domesticated pet owners and individual pet care providers are collectively referenced herein as “Users” whether or not they register with us. Users enter into their own contracts for pet services to which we are not a party.

Max & Kitty UK Limited is registered in England and Wales with company number: 9413001

Registered office address: Peregrine House, Ford Lane, Ford, Arundel, West Sussex BN18 0DF

You can email us at contact@maxkitty.co.uk or telephone us (see number on home page of our website)

SECTION 2 – These Terms

These terms and conditions will apply at any time when you access and use the Website and all Content (as defined below) or our Services and by continuing to use the Website (whether or not you become a registered user of our Services) or our Services you accept these terms and conditions as amended from time to time (“Terms”). They constitute a binding legal agreement between you and us in that respect. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website and you should not use the Website.

The territory to which our Services and the access to and use of the Website are made available is the United Kingdom.

The Terms will also apply to you in addition to the Special Conditions set out in the agreement between each of the Pet Care Provider and us and each of the Pet Owner and us when, as appropriate, a Pet Sitter agrees to be referenced with us or a Pet Owner makes a booking with us.

We may amend these Terms from time to time. You may terminate this agreement if you do not wish to be bound by any such amendments but by continuing to use our Website, all Content or our Services you will be deemed to have accepted the new terms. You agree to review these Terms each time you use the Website to be aware of any changes. Continued access or use of the Website shall be deemed conclusive evidence of your acceptance of the amendments made to the Terms.

Please note that these Terms apply only to the provision of our Services. These Terms do not apply to User to User arrangements or agreements whatsoever. The terms which apply between Pet Owner and Pet Care Providers for Pet Services or any other User to User arrangements or agreements will be those that they may specify between themselves in their listing or otherwise and we are not a party to any of them.

We may use third party services including Google Maps in our Services. By using our Services you agree to the terms of use of Google Maps https://developers.google.com/maps/terms and Google’s privacy policy, available at http://www.google.com/policies/privacy/ as well as other applicable third party services.

SECTION 3 - Definitions

“Agreement” means (a) the agreement between us and the “Pet Care Provider” or (b) the agreement between us and the “Pet Owner” or (c) both, for our Services and it includes at all time these Terms and the Special Conditions.

“Booking” means the act of a Pet Owner paying the Booking Fee for our Services the receipt of which by us, books Pet Services with a Pet Care Provider. We reserve the right in our sole discretion to change from time to time the manner in which Bookings are made. A Booking is not covered by any scheme of financial protection and you should ensure that you have adequate insurance cover.

“Booking Date” means the date and time of the email from us which confirms a Booking.

“Booking Fee” means the applicable fees or other relevant amount for our Services.

“Content” means collectively all information content on or made available through our Services, including but not limited to text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials posted by means of our Services, whether by us or you or any other User, including Your Information (as defined below).

“Portal” means the interactive web portal managed by us for use upon registration by a Pet Owner to locate a Pet Care Provider.

“Day” means a calendar day, exclusive of Saturdays, Sundays and Bank Holidays in England and Wales.

“Matching Service(s)” means the service we provide to match Pet Owners with Pet Care Providers in nearby geographical locations using our proprietary online Portal and network of listed Pet Care Providers.

"Pet Care Provider" means a User who is listed on the Website and who makes available Pet Services directly for Pet Owners.

“Pet(s)” means any domesticated animal(s) that can legally be owned in the United Kingdom.

“Pet Owner” means the owner of a Pet who seeks to use our Services through the Portal on our Website.

"Pet Services" means home pet boarding at the Pet Sitter’s home, pet-sitting or visits at the Pet Owner’s home and dog walking.

“Special Conditions” means the special conditions set out in the Agreement.

"Website" means the entirety of www.maxkitty-petsitting.co.uk website and any related mobile or other applications.

“You” unless the context otherwise provides, means a Pet Owner, Pet Care Provider and/or any User of the Website.

“Your Information” has the meaning given in SECTION 5 herein.

SECTION 4 – Access and Compliance

The Website and our Services are intended solely for persons who are 18 or older. Any access to or use of the Website or our Services by anyone under 18 is expressly prohibited. By accessing or using the Website you represent and warrant that you are 18 or older. Use of our Services by anyone under 18 years old is expressly prohibited.

Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

By accessing and using the Website and our Services, you agree to be bound by the Terms, all applicable laws and regulations and you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside.

SECTION 5 - Information on the Website

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website maycontain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorised additions, deletions, or alterations could be made to the Website by third parties without our knowledge or consent. If you believe that information found on the Website is inaccurate or unauthorised, please inform us by contacting us via contact@maxkitty.co.uk .

User Content

In order to use our Services you will need to provide us with certain information and our Services will also allow for Content to be created, uploaded, displayed and generated by you. You are responsible for any Content or information which you create, upload, display, provide in connection with our Services.

You agree that your Content which will be integrated with the Services or distributed, displayed or made available by the Services will be your own creation or will be Content which you are entitled to use and will not be used in breach of any intellectual property rights of any third party.

Any Content will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content. You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.

In particular you agree not to use the Website or our Services to distribute any Content which:

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses any person or advocates harassment of any person;
  • displays or promotes pornographic or sexually explicit material of any kind;
  • does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
  • is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
  • promotes illegal or unauthorised copying of another person's copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
  • provides information about illegal activities, such as making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
  • solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
  • involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
  • promotes information that you know to be false or misleading;
  • contains personal information e.g. names or contact details; or
  • engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes.

By creating or integrating your Content with our Services you agree that we will be entitled to use such Content for the purposes of delivering our Services. We reserve the right to remove any Content at any time and for any reason.

We may from time to time display photographs of Pets and other Content with our Users and the public on our Website, or via our home page, social media pages or other channels. By using our Services you agree that we may publish these photos, however if you object to the use of such photos we will remove them from publication.

Please note that we are under no obligation to use, display, publish or make available any Content and we reserve the right to remove any Content at any time without giving notice and for any reason. The Content you provide other than personal contact details will not be treated as confidential. Any Content which you make available through your profile or account will be available to the general public.

We do not exercise editorial control over Content and we are not responsible or liable for Content. However we reserve the right to monitor and/ or remove Content at our discretion.

Notice and Take Down

We will make all reasonable efforts to delete accounts which are being used in breach of our terms and conditions and to identify and remove Content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide the relevant information.

In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using our Services is defamatory or infringing on intellectual property rights you should notify us in writing either by email to:

contact@maxkitty.co.uk including the following:

  • Your full name and contact details, including postal address, telephone number and e-mail address;
  • The exact URL at which the defamatory or infringing Content appears;
  • The Content that you believe is defamatory or infringing on intellectual property rights;
  • The reasons that you believe the Content is defamatory or infringing on intellectual property rights;
  • A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
  • A signed declaration truth in respect of the information in the notice.

Any statement made in your notice may be used in court proceedings.

SECTION 6 – Your Obligations

Pet Care Providers and Pet Owners are responsible for exchanging full, complete and adequate information with each other in relation to the delivery of Pet Services.

You agree to cooperate with the other users in making the bookings in good time and to act towards the other with courtesy, politeness and respect.

Upon Booking, and prior to entering into a binding contract for the provision of any Pet Services, the Pet Owner and Pet Care Provider agree to physically meet, to allow the Pet Care Provider to meet the Pet(s) and to allow the Pet Owner to meet the Pet Care Provider and visit any place of accommodation.

6.1 Pet Care Providers

If you, the Pet Care Provider offer any Pet Services to Pet Owners using our Services you agree that those services will be supplied with reasonable skill and care, in accordance with applicable legislation and rules and in accordance with any agreement reached between you and the Pet Owners.

In particular you agree to discharge your obligations as required by the Animal Welfare Act 2006 and the Animal Boarding Establishments Act 1963 and associated codes of practice.

You should be aware of the following legal requirements if you are keeping Pets:

  • You may be required to hold a boarding establishment licence, issued by your local authority.
  • You must ensure that Pets are adequately supplied with food, drink and bedding material and receive suitable exercise and are monitored and visited at appropriate intervals.
  • You are required to keep Pets in suitable accommodation in terms of size, temperature cleanliness, ventilation lighting, construction and exercise facilities.
  • You need to ensure that you have taken precautions to protect pets in the event of emergency, including fire.
  • That you have taken steps to prevent and control the spread of contagious or infectious diseases among pets in your care, including where necessary the provision of adequate isolation facilities.
  • You will keep a register containing a description of any pets received into your home, date of arrival and departure, and the name and address of the owner, such register to be available for inspection at all times by an officer of the local authority, veterinary surgeon or veterinary practitioner.

Please note that you are solely responsible for ensuring that you are in compliance with any regulations, laws or rules in relation to the provision of Pet Services.

If we become aware of any breach by you of any of these requirements then we may immediately terminate your account with us. Any Pet Owner who has entered into a contract with you for the provision of Pet Services will be entitled to cancel their contract and will no longer be bound by the terms of their contract with you.

Other than any such insurance that Max & Kitty may provide or arrange to provide, you will be entirely responsible for any and all insurance that you may require for the purposes of providing the Pet Services.

In consideration of Max & Kitty providing you with administrative services, you undertake not to contact the Pet Owners or Users other than through the Website. Please note that if you provide Pet Services other than through Max & Kitty and the Website, those services will not be covered by our public liability insurance.

6.2 Pet Owners

You arerequired to provide full information to any Pet Care Provider you are dealing with in relation to any requirements, medical conditions or nutritional needs of your Pet. You also agree to provide an emergency contact information and details of your Pet’s veterinarian. You must allow the Pet Care Provider to visit and/or inspect your pet before commencing their services if they so request.

If your Pet has any unusual behavioural issues or other issues which should be brought to the attention of the Pet Care Provider then you must disclose full details. This includes (but is not limited to) any history or incidents of behaviour which is unusual, dangerous or destructive (including urinating or defecating indoors). You also agree that your Pet is not subject to any control order or a breed subject to the Dangerous Dogs Act 1991.

Please note that if you do not collect your Pet from the Pet Care Provider at the end of the agreed term for the provision of Pet Services or if you did not provide the Pet Care Provider with the necessary details to ensure that your Pet is looked after (including the Pet’s social behaviour with other animals, adults or children) or allow the Pet Care Provider to perform the Pet Services, then the Pet Care Provider shall be entitled to place your Pet temporarily or permanently into alternative accommodation or boarding including catteries or kennels, pet homes or a private families. You will be fully responsible for the costs of any such arrangements.

All fees for Pet Services are negotiated and agreed between the Pet Owner and Pet Care Provider independently from us. The Pet Owner will pay directly the Pet Care provider the agreed fee.

6.3 No Employment or Partnership

No partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and any agreement with Max & Kitty. Max & Kitty does not employ Pet Care Providers. As such, Max & Kitty will not be liable for the payment of any tax including national insurance, PAYE or other tax obligation on behalf of Pet Care Providers.

Pet Care Providers hereby indemnifies on a continuing basis Max & Kitty in respect of any demand or requirement to discharge any tax obligation on behalf of or in connection with any Pet Care Provider.

6.4 Local Indirect Taxes

You are responsible for complying with all applicable tax laws and regulations related to your use of the Website, our Services and the Pet Services. Without limiting the foregoing, each Pet Care 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. Max & Kitty is not responsible for any taxes related to your use of the Website, our Services and the Pet Services.

SECTION 7 - Registration for our Services

7.1 Creating your account

To create an account, you must select a username and password. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms or good practice. You must not provide false information during the registration process. Max & Kitty reserves the right at its sole discretion to refuse to allow a User to open an account for any reason, or to limit the number of accounts a User can create. Max & Kitty will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not join Max & Kitty again without our express permission.

7.2 Listing of Pet Care Providers

Max & Kitty will advertise your Pet Services on the Website, and provide information to Pet Owners and Users who may wish to use your Pet Services. You will be required to register with the Website and provide such information as Max & Kitty may request before you may list your Pet Services.

You will be required to complete your own listing for the Website. In your listing you agree to provide all relevant information about the Pet Services as required by Max & Kitty

You are also required to provide Max & Kitty separately with information before Max & Kitty lists your Pet Services including your name, address, and phone number. You must provide Max & Kitty with any other information relating to you or your Pet Services as Max & Kitty may reasonably request at any time and Max & Kitty may also ask you to clarify any information you have provided.

You are responsible for the accuracy of all information in your listing and any information you provide to Max & Kitty in relation to your Pet Services. You will be liable to the Pet Owner or User under the contract you will sign together (a template is provided on Max & Kitty’s website) if the information you provide is inaccurate, incomplete or misleading in any way. Your liability may include any reasonable losses incurred by the Pet Owner or User as a result of such inaccurate, incomplete or misleading information provided by you and you may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise.

In addition to advertising your Pet Services, Max & Kitty will be entitled to send promotional emails to Users and Pet Owners and provide such information about your Pet Services as Max & Kitty may deem appropriate to promote the Website or your Pet Services.

SECTION 8: Matching Service

We use our reasonable endeavours to provide Matching Service to the Users. Data recorded by us shall constitute reliable evidence of the transactions save for manifest error. Time shall be of the essence in relation to the obligations of the Pet Owner set out in this SECTION 8. The steps for our Matching Service are set out below.

Step 1: Selecting a Pet Care Provider

As a Pet Owner, you must register on the Website, read and accept these Terms and submit information concerning your Pet(s) and the nature of the Pet Services required.

Such information shall include the information set out in paragraph 6.2 above and your postcode. You will use the Portal on our Website to review listed Pet Care Providers and check their availability.

Messages between Pet Owners and Pet Care Providers will be transmitted through our Services, subject to moderation by Max & Kitty personnel and these Terms. We also provide a facility for posting on the Website reviews and comments about Pet Services received.

If we are sent a notice of complaint about a posting that you have made to the Website or our Services, we will take the action required to be taken by an operator of a website under the Defamation (Operators of Websites) Regulations 2013 or any replacement regulations. As a Pet Owner, you are solely responsible for determining whether or not the Pet Care Provider is suitable for providing the Pet Services. You must check and seek confirmation from the Pet Care Provider of his or her availability for the required Pet Services before registering a Booking. Validation of a registered Booking only takes place when confirmed by the Pet Care Provider.

Step 2: Booking

Subject to the confirmation of the Booking by the Pet Care Provider, the booking is complete and forms the Agreement between Max & Kitty and the Pet Owner when Max & Kitty receives the payment of the Booking Fee for our Services. Max & Kitty will then send a confirmation email of the Booking. That e-mail will provide a link to the Pet Care Provider contact details. Max & Kitty will also send an email to the Pet Care Provider to inform him or her of the completed Booking. That e-mail will provide a link to their dedicated space on the Website with the Pet Owner contact details.

It is the pet owner’s obligation to finalise the contractual arrangement with the Pet Care Provider for the provision of the Pet Services and contact the Pet Care Provider:

  • Within 48 hours of the said Booking Date if the Pet Services are to commence 7 days or more after the Booking Date.
  • Within 12 hours of the said Booking Date if the Pet Services are to start within less than 7 days of the Booking Date
  • If the Pet Care Provider cannot be reached within the timeframe stated above, the Pet Owner must let Max & Kitty know about it within 24 hours of these deadlines.

No refund of the Booking Fee shall be made and section 10 does not apply if the Pet Owner fails to comply with his or her obligations to notify Max & Kitty within the required deadlines under this SECTION 8 – Step 2, if as a result of this failure the Pet Services are not provided by the chosen Pet Care Provider.

Step 3: Meeting of the Pet Owner and Pet Care Provider

The Pet Owner will arrange to meet with the Pet Care Provider so that the Pet Owner can further investigate whether the Pet Care Provider is suitable for providing the Pet Services and, if it is, enter into a contract for the Pet Services with the Pet Care Provider directly and independently from Max & Kitty.

Users expressly understand, acknowledge and agree that Max & Kitty is not and shall not be responsible for determining the suitability of the Pet Care Provider or for the performance of the Pet Services.

The Pet Owner agrees to notify Max & Kitty immediately after the meeting if the Pet Care Provider is unable or unwilling to provide the Pet Services to the Pet(s) of the Pet Owner for a valid reason (which is a reason other than those set out in Note no. 4 of SECTION 10) and / or the Pet(s) of the Pet Owner and the animals or Pets owned or in the care of the Pet Care Providers are incompatible.

No refund of the Booking Fee shall be made if the Pet Owner fails to comply with his or her obligations to notify Max & Kitty immediately under this SECTION 8 – Step 3, if as a result of this failurethe Pet Services are not provided by the chosen Pet Care Provider.

SECTION 9 - Tracking your Booking and order change

Pet Owners are able to track the progress of their Bookings on the Website by logging on their dedicated space using their email and password. Any order change will be considered provided that Pet Owners notify Max & Kitty by email at the following address: contact@maxkitty.co.uk within the first 24 hours of the Booking Date.

Acceptance of any order change shall only be made by us in a separate confirmation email which explicitly sets out our acceptance of such order change and the terms applicable to the revised Booking. In the event that we are unable to change your Booking, there shall be no refund of the Booking Fee paid by you.

SECTION 10 - Order Cancellation

10.1- The Pet Care Provider declines to provide the Pet Services to the Pet Owner or the Pet Owner declines to use the Pet Care Provider for the Pet Services

If the Pet Care Provider refuses to provide the Pet Services to the Pet Owner or if the Pet Owner declines to use the Pet Care Provider for the Pet Services, then the Booking Fee may be refunded or a credit of the Booking Fee may be granted by us to the Pet Owner in the conditions set out in the table set out below.
Other than as provided in these Terms, the Pet Owner shall not be entitled to any compensation, remedy or damages whatsoever from Max & Kitty, as a result of a cancellation of the Pet Services for any reasons whatsoever.
Any request for a refund or a credit of the Booking Fees in accordance with these Terms shall be made in writing and addressed to Max & Kitty by email at contact@maxkitty.co.uk

(1) The Pet Owner must notify Max & Kitty by email at contact@maxkitty.co.uk that he has declined to use the initial Pet Care Provider and that he or she wishes to use Max & Kitty’s Matching Service to select another Pet Care Providers (“new PCP”) within 6 Days of the Booking Date (“Pet Owner Notification”). No late notification will be considered. If no indication is made by the Pet Owner that Max & Kitty is to find a new PCP, then Max & Kitty is entitled to assume that no such request is made and will apply the provisions of Note no. 5 regarding making a Claim (as defined below) for refunds or credits.

(2) “provision of Pet Services similar to the initial booking" means the matching of the Pet Owner with a new PCP situated within 30 miles of the location of the original research criteria of the Pet Owner for the same type of Pet Services which are either home pet boarding at a Pet Care Provider’s home, pet-sitting at the Pet Owner’s home or dog walking. Not other criteria are taken into account to define the terms “provision of Pet Services similar to the initial booking".

Subject to Note no. 1 above, Max & Kitty will use its reasonable endeavour to match the Pet Owner with a new PCP and notify such availabilities to the Pet Owner by email (the “Max & Kitty Further Availability Notice”) in the event that the Pet Services were to commence:

- within 48 hours: by no later than 12 hours before the commencement of the Pet Services;

- between 7 days and 48 hours: by no later than 24 hours before the commencement of the Pet Services; and

- after 7 days: by no later than 4 Days before the commencement of the Pet Services

(3) The Pet Owner must notify Max & Kitty of his or her refusal of the proposed new PCP within 48 hours of the date and time of the Max & Kitty Further Availability Notice, by sending an email to Max & Kitty at the following address: contact@maxkitty.co.uk . No late notification will be considered.

(4) No refusal by the Pet Owner shall be accepted by Max & Kitty on the following grounds (without limitation): (a) the age, sex, religion, ethnicity, sexual orientation of the Pet Care Provider; (b) the home of the Pet Care Provider other than for the reasons required by law or (c) the neighbourhood of the Pet Care Provider’s home. In addition, the fact that it is the first time that a Pet Care Provider provides Pet Services or the fact that the Pet Care Provider has other animals in his care (without prejudice of the Pet Care Provider’s’ obligations at law) will not be accepted as grounds of a refusal of a Pet Care Provider by the Pet Owner unless these are specifically requested by the Pet Owner at the time of the initial Booking.

(5) Subject to Note no. 4, where the Pet Owner requires a refund or a credit, the Pet Owner shall make a claim to Max & Kitty in writing (the “Claim”), by post to Max & Kitty UK Ltd, Peregrine House, Ford Lane, Ford, Arundel BN18 0DF UNITED KINGDOM or e-mail to contact@maxkitty.co.uk

The claim shall contain a request for a refund and explain the reason for it. The claim shall also be accompanied with reasonable evidence of their statements. The Claim must be received by Max & Kitty no later than 72 hours after the final cancellation. Max & Kitty reserves the right to refuse a Claim received after that time.

Max & Kitty shall use its reasonable endeavour to consider the Claim and either agree to a Refund or a Credit within 30 Days of its receipt.

10.2– Cancellation by the Pet Owner for any other reason than in Section 10.1

If the Pet Owner has subscribed to the “Cancellation cover”, then this policy provides the policyholder(s) with the option of a credit for another Booking at a later date or a refund of all or part of the Booking Fee. For further details regarding this policy, please follow the link:www.maxkitty-petsitting.co.uk/maxkitty-guarantees.html

If you have not subscribed for this service when you made a Booking, you will not be able to make a claim for any refund (or any part thereof) or a credit.

10.3- Loyalty Cards

We provide to Pet Owners loyalty card options. Details of these are set out on the website. The service is available for one year upon payment. These loyalty cards give the Pet Owner a reduced rate on Max & Kitty’s fees.

Payments of these cards must be made up front. On purchasing the loyalty card, you request that we commence provision of the Service immediately. You have a legal right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 until the end of 14 days after the day on which you have purchased the card. This means that if you change your mind or decide for any other reason that you do not want to keep the card, then you can notify us during that period of your decision to cancel it and receive a refund. If you have booked any Pet Services during that period then you must pay to Max & Kitty the fees that would have been payable for one-off bookings. Save as aforesaid, any payment made to Max & Kitty by the owner for a card is non-refundable.

SECTION 11 – Charges

The prices for our Services are those available on the day of the order.

They are expressed in GBP and include VAT.

The total price of your order (price for our Services) is shown in the invoice that you can find through the link in the order confirmation we send you by email.

All fees for Pet Services are negotiated and agreed between the Pet Owner and Pet Care Provider independently from us. The Pet Owner will pay directly the Pet Care provider the agreed fee.

From time to time, additional services may be made available by us at the time of Booking (“Additional Option(s)”). Each Additional Option will have corresponding terms and conditions for purchase and/or subscription. Purchasing or subscribing to any of the Additional Options means you accept the corresponding terms and conditions.

SECTION 12 – Pet sitter Premium Subscription

As Pet sitters, you can take out a Premium Subscription at any time.
This subscription is non-refundable even if your application is rejected or your account is de-activated due to a failure to comply with the Max & Kitty’s Code of Conduct or Well-Being Charter.

SECTION 13 – Terms of Payment

Payment of our Booking Fee shall be made by the Pet Owner to Max & Kitty UK Limited. We may revise amounts and payment terms at any time without prior notice.

We currently accept some major credit cards, but may add or change payment methods in our sole discretion. We do not accept cheques or cash. Users must respect the terms and conditions of any payment methods they use. We reserve the right to cancel any of our Services ordered if full payment is not timely received. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorised use of a credit card, debit card, or other payment method. Users are solely responsible for any taxes on amounts they may pay or obtain through our Services.

There will be no compensation or set off unless otherwise agreed by us initially.

SECTION 14 – Cancellation

You have a legal right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 until the end of 14 days after the day on which the contract is entered into (the Booking Date). However, a one-off booking will be treated as a request to receive any of our Services during the cancellation period and you acknowledge that the contract will have been fully performed by Max & Kitty and subject to the other terms set out in these Terms, that you will lose your cancellation right, once the Pet Care Provider’s contact information has been supplied.

If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day. For further details regarding cancellation and refunds, Users may contact Max & Kitty at contact@maxkitty.co.uk

Advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

SECTION 15 – Liability

15.1 – Pet Care Provider Liability

By using our Services Pet Care Providers agree and accept liability for any loss or damage we may suffer or incur in respect of any breach by Pet Care Providers of these Terms or any agreement with Pet Owners howsoever caused.

Pet Care Providers agree to indemnify us for any loss or damage we may suffer or incur as a result of any Pet Owner bringing any claim against us or taking any action against us whatsoever as a result of:

  • any breach of these terms of use, any agreement with us, or any agreement with any Pet Owner; or
  • any misdescription by any Pet Care Provider of their services or facilities or the provision of any information that is untrue, inaccurate or incomplete by any Pet Care Provider; or
  • any breach by any Pet Care Provider of any specific terms or conditions agreed with any Pet Owner; or
  • any failure by any Pet Care Provider to honour a booking for services; or
  • any actions or omissions on the part of a Pet Care Provider to or in respect of any Pet, belonging or property of the Pet Owner or any third party.

Pet Care Providers are liable to the Pet Owners for loss or damage which may be suffered or incurred by a Pet Owner as a result of:

  • any breach of any agreement with any Pet Owner; or
  • any breach of these Terms insofar as they set out an obligation owed by Pet Care Providers to Pet Owners including any act or omission by a Pet Care Provider in relation to the provision of Pet Services; or
  • any negligence or tort, theft of the Pet Care Providers or a third party in relation to the provision of the Pet Services.

15.2 – Pet Care Owner Liability

Pet Care Owners agree to indemnify us for any claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of :

  • any breach of the provisions of these Terms ; or
  • any breach of any agreement with any Pet Care Provider; or
  • any breach of any specific terms or conditions agreed with any Pet Care Provider; or
  • any failure by any Pet Owner to honour a booking for services; or
  • any actions or omissions on the part of a Pet Owner to or in respect of any Pet Care Provider or a third party in relation to the matters contemplated by the use of the Website

Pet Owners are liable to the Pet Care Providers for loss or damage which may be suffered or incurred by a Pet Care Provider as a result of:

  • any breach of any agreement with any Pet Care Provider; or
  • any breach of these Terms insofar as they set out an obligation owed by Pet Owners to Pet Care Providers including any act or omission by the Pet Owners in relation to the matters contemplated by the use of the Website
  • any negligence or tort or theft of the Pet Owner or a third party in in relation to the matters contemplated by the use of the Website

15.3 – Our Liability

By using our Services, you acknowledge that Max & Kitty is not a party to any agreement between the Users of the Website. Users acknowledge and agree that Max & Kitty is not responsible for the conduct of Pet Services, Owners, Pets, or Pet Care Providers. Accordingly, Max & Kitty disclaims any and all liability arising out of the contract or arrangement reached between the Users. The Terms may affect Users differently. Please read these Terms carefully.

Max & Kitty will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of income, loss of a job, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, these Terms (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft on the part of Max & Kitty.

For the avoidance of doubt, the liability excluded includes any loss arising from any act or omission of any Pet Care Provider in the case of a Pet Owner and from any act or omission of any Pet Owner in the case of a Pet Care Provider.

Our liability to Pet Owners for all losses under or in connection with these Terms and the provision of our Services by us to Pet Owners is limited to the total amount paid by Pet Owners to us.

No claim may be brought against us in relation to any Booking more than 12 months following the Booking to which the claim relates.

Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website and our Services and responsibility for the provision of Pet Services and fulfilment of a Booking lies solely with the Pet Care Provider and the Pet Owner.

In the event of any dispute between a Pet Owner and a Pet Care Provider, Users agree to pursue such claims or actions independently of us, and we are fully released us from all claims, liability and damages arising from any such dispute.

Max & Kitty is not responsible for any Content appearing on or accessed through the Website and/or our Services which is generated or provide by our Users or other third parties and such Content does not necessarily reflect the views or opinions of Max & Kitty.

The Website and/or our Services may contain links to other websites. Max & Kitty is not responsible for the content, accuracy or opinions expressed on such websites.

SECTION 16 – Data Protection

Please refer to our privacy policy www.maxkitty-petsitting.co.uk/privacy-cookies-policy.php for information about how we collect, use and process personal data. Our privacy policy forms part of these Terms.

SECTION 17 – Intellectual Property

The format and content of our Website, our Services and any associated applications, documents or other materials is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Website or our Services.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website without our express written consent.

SECTION 18 – Termination of Usage

If you wish to cancel your subscription, membership or account you should email us at contact@maxkitty.co.uk . On receipt of an email by you to us cancelling your subscription, membership or account then we will delete your account.

We reserve the right to terminate your subscription, membership or account immediately without notice if in our opinion you have breached any of these Terms. In the event of termination, we will delete your account and you will no longer have access to our Services and we may remove any Content you have created, submitted or provided without liability. You may be required to honour any bookings made prior to such cancellation, subject to the rights of any other Users.

SECTION 19 – Passwords etc.

If you register to use our Services you are required to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting contact@maxkitty.co.uk immediately. You will be responsible for the consequences of any misuse of your account if you fail to keep your password confidential or to take adequate security measures to protect your password.

If we have reason to believe that there is likely to be a breach of security or misuse of our Services or the Website through your account or the use of your password, we may require you to change your passwords and/ or we may suspend your account immediately without notice.

SECTION 20 – General

These Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

We may make changes to the format of the Website, our Services or to any of the content on the Website at any time without notice.

You shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

If a provision of this agreement or a procedure to be carried out in its implementation is or becomes illegal or unenforceable, the remaining provisions and procedures shall not be affected.