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Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and PAWKIT which govern your use of the websites, applications and other offerings from PAWKIT (collectively, the “PAWKIT Platform”). These Terms are supplemented by other terms and policies such as our Privacy Policy which describes our collection and use of personal data. When used in these Terms, “PAWKIT’, “we”, “us”, or “our” refers to the PAWKIT entity set out in Annex 1 with whom you are contracting.

 

The PAWKIT Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Providers” and Members who search for, book, or use services are “Users”. Providers offer services, activities, and events (“Provider services”) and each Provider Service offering, a “Listing”). You must first register an account to access and use many features of the PAWKIT Platform, and must keep your account information accurate. As the provider of the PAWKIT Platform, PAWKIT does not own, control, offer or manage any Listings or Provider Services. PAWKIT is not a party to the contracts concluded directly between Providers and Users, nor is PAWKIT an insurer. PAWKIT is not acting as an agent in any capacity for any Member, except as specified otherwise in your contract with PAWKIT. To learn more about PAWKIT’s role, please refer to Clause 13.

 

Every Provider is responsible for understanding and complying with all laws, rules, regulations and contracts with third-parties that apply to its Provider Services.

Table of Contents

I. Provider Terms

1. Our Mission.

2. Relationship with PAWKIT.

3. Managing Your Listing.

4. Cancellations, Issues, and Booking Modifications.

5. Taxes.

 

II. General Terms

6. Reviews.

7. Content.

8. Fees.

9. PAWKIT Platform Rules.

10. Termination, Suspension and other Measures.

11. Modification.

12. Resolving Complaints and Damage Claims.

13. PAWKIT’s Role.

14. Member Accounts.

15. Disclaimer of Warranties.

16. Limitations on Liability.

17. Indemnification.

18. Contracting Entities.

19. Governing Law.

20. Arbitration.

21. Miscellaneous.

 

Annex 1 - Contracting Entities

Annex 2 - List of All Policies 

PROVIDER TERMS

 

1. Our Mission.

Our mission is to make pet care easier for everyone involved. We provide a platform designed to help pet owners (“Users”) and pet-related service providers (“Providers”) to connect. Learn more about a Listing by reviewing the description and photos, the Provider profile, and User reviews.

 

2. Relationship with PAWKIT.

 

2.1 Provider. 

PAWKIT offers Provider the opportunity to share and monetise your Service with our vibrant community of Users. It is easy to create a Listing and Provider is in control of setting the price, availability, and rules for each Listing.

 

2.2 Contracting with Users. 

When a User confirms a purchase through the PAWKIT Platform, you are entering into a contract directly with the User, and are responsible for delivering your Provider Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees for each booking. Any terms, policies or conditions that you include in any supplemental contract with Users must: (i) be consistent with these Terms, our Policies (Annex 2), and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

 

2.3 Independence of Providers. 

Your relationship with PAWKIT is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of PAWKIT, except that PAWKIT acts as a payment collection agent of the price and applicable fee specified in your Listing. PAWKIT does not direct or control your Provider Service, and you agree that you have complete discretion whether and when to provide Provider Services, and at what price and on what terms to offer them.

 

3.Managing Your Listing. 

 

3.1 Creating and Managing Your Listing. 

The PAWKIT Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Provider Services, your price, other charges such as applicable fees, security deposits, offline fees, and any rules or requirements that apply to your Users or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (such as photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Provider Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. 

 

3.2 Know Your Legal Obligations. 

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Provider Services. For example: Some jurisdictions require Providers to register, get a permit, or obtain a license before providing certain Provider Services (such as preparing food or operating a vehicle). In some places, the Provider Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Users and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.

 

3.3 Search Ranking. 

The ranking of Listings in search results on the PAWKIT Platform depends on a variety of factors, including these main parameters:

  • User search parameters (e.g. number of Users, time and Provider Services categories, price range);

  • Listing characteristics (e.g. price, calendar availability, number and quality of images, reviews, type of Provider Service, Provider status, age of the Listing, average User popularity);

  • User booking experience (e.g. customer service and cancellation history of the Provider, ease of booking);

  • Provider requirements (e.g. minimum or maximum quota, booking cut-off time); and

  • User preferences (e.g. previous bookings, saved Listings, location from where the User is searching).

 

Search results may appear different on our mobile application than they appear on our website. PAWKIT may allow Providers to promote their Listings in search or elsewhere on the PAWKIT Platform by paying an additional fee. 

 

3.4 Your Responsibilities. 

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description. You shall not collect any additional fees or charges outside the PAWKIT Platform without prior written consent from PAWKIT.

 

3.5 Organising as a Team or Organisation. 

If you work with a Co-Provider or any other Providers as part of a team, business, or other organisation, every entity and/or individual who participates in providing your Provider Services is responsible and liable as an Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorised to enter into contracts for and bind your team, business or other organisation, and that each entity you use is in good standing under the laws of the jurisdiction where it is established. If you perform other functions, you represent and warrant that you are authorised to perform those functions. If you instruct PAWKIT to transfer a portion of your payout to a co-Provider or other Providers, or to send payments to someone else, you must be authorised to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

 

3.6 Your Assumption of Risk. 

You acknowledge that using the PAWKIT Platform carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the PAWKIT Platform, offering Provider Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the PAWKIT Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Provider Services and that you are not relying upon any representation made by PAWKIT.

 

4. Cancellations, Issues, and Booking Modifications.

 

4.1 Cancellations and Issues. 

In general, if a User cancels a booking, the amount payable to you is determined by the cancellation policy that applies to that booking. As an Provider, you should not cancel a User’s booking without a valid reason under our Extenuating Circumstances Policy (Annex 2) or applicable law. If you cancel a User’s booking without such a valid reason, we may impose a cancellation fee and other consequences as we think fit. If: (i) a User experiences an Issue, (ii) an Extenuating Circumstance arises, or (iii) a booking is cancelled under Clause 10 of these Terms, the amount payable to you will be reduced by the amount we refund or otherwise provide to the User, and by any other reasonable costs we incur as a result of the cancellation. If a User receives a refund after you have already been paid, or the amount of the refund and other costs incurred by PAWKIT exceeds your payout, PAWKIT may recover that amount from you, including by offsetting the refund against your future payouts. You agree that PAWKIT’s Extenuating Circumstances Policy (Annex 2), and these Terms pre-empt the cancellation policy you set in situations where they allow for the cancellation of a booking and/or the issuance of refunds to Users. If we reasonably expect to provide a refund to a User under one of these policies, we may delay release of any payout for that booking until a refund decision is made.

 

4.2 Booking Modifications. 

Providers and Users are responsible for any Booking Modifications they agree to make via the PAWKIT Platform or direct PAWKIT customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

 

5. Taxes.

 

5.1 Provider Taxes. 

As an Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

 

5.2 Collection and Remittance by PAWKIT. 

In jurisdictions where PAWKIT facilitates the collection and/or remittance of Taxes on behalf of Providers, you instruct and authorize PAWKIT to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by PAWKIT are identified to Members on their transaction records, as applicable. PAWKIT may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by PAWKIT is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

 

5.3 Tax Information. 

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that PAWKIT may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting by you, our Users, and/or their organisations.


 

GENERAL TERMS

 

6. Reviews.

After each Provider Service / Listing, Users will have an opportunity to review the Listing, and Providers will have an opportunity to reply to the posted review. Reviews are not verified by PAWKIT for accuracy and may be incorrect or misleading.

 

7. Content.

The PAWKIT Platform enables you to provide feedback, text, photos, audio, video, information, and other content in relation to your Provider Services (collectively, the “Content”). By providing Content, in whatever form and through whatever means, you grant PAWKIT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. Where PAWKIT pays for or facilitates the creation of Content, PAWKIT may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant PAWKIT the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. You agree that PAWKIT may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. PAWKIT does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

 

8. Fees.

PAWKIT may charge fees (and applicable Taxes) to Providers and Users for use of the PAWKIT Platform. Except as otherwise provided on the PAWKIT Platform, all fees charged are non-refundable. PAWKIT reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. 

 

9. PAWKIT Platform Rules.

 

9.1 Rules. 

You must follow these rules and must not help or induce others to break or circumvent these rules.

  • Act with integrity and treat others with respect.

    • Do not lie, misrepresent something or someone, or pretend to be someone else.

    • Be polite and respectful when you communicate or interact with others.

  • Do not scrape, hack, reverse engineer, compromise or impair the PAWKIT Platform.

    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the PAWKIT Platform.

    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the PAWKIT Platform or Content.

    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the PAWKIT Platform.

    • Do not take any action that could damage or adversely affect the performance or proper functioning of the PAWKIT Platform.

  • Only use the PAWKIT Platform as authorised by these Terms or another agreement with us.

    • You may only use another Member’s personal information as necessary to facilitate a transaction using the PAWKIT Platform as authorised by these Terms.

    • Do not use the PAWKIT Platform or Members’ personal information to send commercial messages without the recipient’s express consent.

    • You may use Content made available through the PAWKIT Platform solely as necessary to enable your use of the PAWKIT Platform as a User or Provider.

    • Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another agreement you have with us.

    • Do not request, make, or accept a booking or any payment outside of the PAWKIT Platform to avoid paying fees, taxes or for any other reason.

    • Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a booking, unless authorised by PAWKIT.

    • Do not engage in any practices that are intended to manipulate our search algorithm.

    • Do not book Provider Services unless you are actually using the Provider Services.

    • Do not use, copy, display, mirror or frame the PAWKIT Platform, any Content, any PAWKIT branding, or any page layout or design without our consent.

  • Honour your legal obligations.

    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorised to do so, and (iii) authorize us to process that information under our Privacy Policy.

    • Read and follow our Terms, Policies and Standards.

    • Do not organise or facilitate unauthorised parties or events. You are responsible and liable for any party or event during your booking that violates any laws or government policy applicable or as amended from time to time.

    • Do not use the name, logo, branding, or trademarks of PAWKIT or others without permission.

    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with PAWKIT branding.

    • Do not offer Provider Services that violate the laws or agreements that apply to you.

 

9.2 Reporting Violations. 

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting PAWKIT. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to PAWKIT. If you reported an issue to local authorities, PAWKIT may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

 

9.3 Copyright Notifications. 

If you believe that Content on the PAWKIT Platform infringes copyrights, please notify us.

 

10. Termination, Suspension and other Measures.

 

10.1 Term. 

The agreement between you and PAWKIT reflected by these Terms is effective when you access the PAWKIT Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

 

10.2 Termination. 

You may send us an email if you wish to terminate your account with PAWKIT. PAWKIT may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. PAWKIT may also terminate this agreement immediately and without notice and stop providing access to the PAWKIT Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect PAWKIT, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

 

10.3 Member Violations. 

If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) PAWKIT believes it is reasonably necessary to protect PAWKIT, its Members, or third parties; PAWKIT may, with or without prior notice:

 

  • suspend or limit your access to or use of the PAWKIT Platform and/or your account;

  • suspend or remove Listings, reviews, or other Content;

  • cancel pending or confirmed bookings; or

  • suspend or revoke any special status associated with your account.

 

For minor violations or where otherwise appropriate as PAWKIT determines in its sole discretion, you will be given notice of any intended measure by PAWKIT and an opportunity to resolve the issue. You may appeal actions taken by us under this Clause by contacting customer service. If a booking is cancelled under this Clause, the amount paid to the Provider will be reduced by the amount we refund or otherwise provide to the User, and by any other costs we incur as a result of the cancellation.

 

10.4 Legal Mandates. 

PAWKIT may take any action it determines to be reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Clause 10.3.

 

10.5 Effect of Termination. 

If you are an Provider and terminate your PAWKIT account, any confirmed booking(s) will be automatically cancelled and your Users will receive a full refund. PAWKIT reserves the right to charge any administration fees to Providers incurred during the termination process. If you terminate your account as a User, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the booking’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the PAWKIT Platform has been limited, or your PAWKIT account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the PAWKIT Platform through an account of another Member.

 

10.6 Survival. 

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Clauses 2 through 21.

 

11. Modification.

PAWKIT may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the PAWKIT Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the PAWKIT Platform will constitute acceptance of the revised Terms.

 

12. Resolving Complaints and Damage Claims.

Because we are not involved in Members-to-Members dealings nor control the behaviour of Members, Members must resolve any issues, disputes or concerns directly with each other. You agree to release PAWKIT from any claims or liability that may arise from any disputes between you and other Members. As a User, you acknowledge and agree that the entire risk arising out of your use of the PAWKIT Platform, including listing and booking Services offered by Providers, is entirely your own. You acknowledge and agree that PAWKIT is not liable for any damages associated with the administration of pet boarding or other Services offered by Providers, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Provider, any staff, pet or other affiliate of the Provider or any other third party). 

 

PAWKIT is not party to any agreement or transaction between Users and Providers and, as such, cannot verify or otherwise authenticate any claims made by the Provider (including any medical certifications or insurance coverage held by a User). 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 Provider for any pet-care related services.

 

We may provide suggested or optional default terms for transactions between Users and Providers or otherwise between Members. To the extent we do, and you or another user utilizes or agrees to such terms, this does not make us a party to the transaction between Members, Providers, or other users of the Site. Any suggested or default terms we provide are for Members' convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.

 

Some Services offered by Providers (e.g.: pet boarding) are not appropriate for all pets, especially aggressive, poorly socialized pets. You acknowledge that it is your sole responsibility, as a User, to determine if the applicable Services offered by Providers are best for your pet and to select the Provider carefully. 

 

If a User fails to retrieve their pet within three (3) days after the service period identified in a Booking or Listing (or an earlier period required under applicable animal abandonment or cruelty laws), you agree that PAWKIT (or the Provider) may, in its sole discretion, place the pet in foster care, shelter and notify the authorities. As a User you agree that you will be responsible for and will reimburse PAWKIT 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.

 

Furthermore, PAWKIT expressly reserves the right, in its sole discretion, to remove a User’s pet from a Provider’s care should PAWKIT deem it necessary for the safety of a pet. Prior to removing a pet from the care of a Provider, PAWKIT will use reasonable efforts to contact the User and/or the User’s emergency contact (if provided) to arrange alternative care. Should PAWKIT not be able to contact the User or the emergency contact, PAWKIT will use its best judgment to find alternative care for the pet until the User is able to retrieve his/her pet. If you are a User you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to PAWKIT 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 PAWKIT or the Provider in connection with such transfer, including any additional charges for new Bookings or Listings.

 

13. PAWKIT’s Role.

We offer a platform that enables Members to publish, offer, search for, and book Provider Services. While we work hard to ensure our Members have great experiences using PAWKIT, we do not and cannot control the conduct of Users and Providers. You acknowledge that PAWKIT has the right, but does not have any obligation, to monitor the use of the PAWKIT Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the PAWKIT Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that PAWKIT administers its Policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist PAWKIT in good faith, and to provide PAWKIT with such information and take such actions as may be reasonably requested by PAWKIT with respect to any investigation undertaken by PAWKIT regarding the use or abuse of the PAWKIT Platform. PAWKIT is not acting as an agent for any Member except for where PAWKIT Limited acts as a collection agent as provided in the Payments Terms.

 

14. Member Accounts.

You must register an account to access and use many features of the PAWKIT Platform. Provider registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the PAWKIT Platform under the laws of Singapore, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. Neither you nor any of your employees shall divulge to any third-party any confidential or proprietary information or trade secrets whatsoever without the prior written consent of PAWKIT. You shall not and shall procure your employees not to disclose to any third-party any information relating to the methods, procedures, sales and operation of PAWKIT.

You are responsible and liable for activities conducted through your account and must immediately notify PAWKIT if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

 

15. Disclaimer of Warranties.

We provide the PAWKIT Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Provider, Provider Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the PAWKIT Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or PAWKIT has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

 

16. Limitations on Liability.

Neither PAWKIT (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the PAWKIT Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the PAWKIT Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the PAWKIT Platform, or (iv) publishing or booking of a Listing, including the provision or use of Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not PAWKIT has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

 

Except for our obligation to transmit payments to Providers under these Terms, in no event will PAWKIT’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the PAWKIT Platform, any Content, or any Provider Service, exceed: (A) to Users, the amount you paid as a User during the 12-month period prior to the event giving rise to the liability, (B) to Providers, the amount paid to you as an Provider in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, two hundred Singapore dollars (SG$200).

These limitations of liability and damages are fundamental elements of the agreement between you and PAWKIT. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

 

17. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at PAWKIT’s option), indemnify, and hold PAWKIT (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the PAWKIT Platform, (iii) your interaction with any Member, participation in an Experience or other Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

 

18. Contracting Entities

Based on your country of residence or establishment and what you are doing on the PAWKIT Platform, Annex 1 below sets out the PAWKIT entity with whom you are contracting. If we identify through the PAWKIT Platform, a PAWKIT entity other than the one set out on Annex 1 as being responsible for a product, feature or transaction, the PAWKIT entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the PAWKIT entity you are to contract with and the applicable version of the Terms will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

 

19. Governing Law

These Terms will be interpreted in accordance with the laws of Singapore. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Clause 20 must be brought in the courts of Singapore. You and we both consent to venue and personal jurisdiction in Singapore.

 

20. Arbitration

 

Agreement to Arbitrate. 

You and PAWKIT mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the PAWKIT Platform, Provider Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and PAWKIT agree that the arbitrator will decide that issue.

 

Arbitrator’s Decision. 

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. Declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

No Class Actions or Representative Proceedings. 

You and PAWKIT acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

 

 

21. Miscellaneous 

Other Terms Incorporated by Reference. Extenuating Circumstances Policy and Privacy Policy, linked to in these Terms, apply to your use of the PAWKIT Platform, are incorporated by reference, and form part of your agreement with PAWKIT.

 

No Waiver. PAWKIT’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

Third-Party Services. The PAWKIT Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. PAWKIT is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

 

Force Majeure. PAWKIT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

 

 

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Annex 1

 

Your Place of Residence or Establishment:
Singapore
 

PAWKIT Contracting Entity:

PAWKIT PTE. LTD.
 

Contact Information:

7 Jalan Beringin S438567

 

- END -

Annex 2

EXTENUATING CIRCUMSTANCES POLICY

 

Overview

This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your Provider Services. This Policy applies to bookings for all Provider Services.

 

Users that are impacted by an event covered by this Policy can cancel their purchase and receive, depending on the circumstances, a refund and/or other consideration. Providers that are impacted by an event covered by this Policy can cancel without adverse consequences.

 

What events are covered

This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the Provider Services.

 

Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area.

 

Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.

 

Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events such as T8 signal or higher, Black Rainstorm Warning or “extreme conditions”.

 

What is not covered

Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations such as jury duty, court appearances or military duties; cancellation or rescheduling of an event for which the booking was made; and transportation disruptions unrelated to a covered Event such as road closures, as well as transport cancellations.

 

What to do next

If you believe this Policy applies to your Provider Services, but we have not notified you or published information about the Event, please contact us for further arrangements. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your Provider Services.

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