Terms of Service
TERMS AND CONDITIONS
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PLEASE READ THESE TERMS AND CONDITIONS ("Agreement") CAREFULLY BEFORE ACCESSING OR USING THE PAWKIT PLATFORM.
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This Agreement governs your access to and use of the Pawkit Platform and the Platform Services made available through it.
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By creating an account, accessing or using the Platform, requesting or booking Professional Services, purchasing Products, maintaining a Pawkit Wallet, or otherwise using any Platform Services, you acknowledge that you have read, understood and agree to be bound by this Agreement, together with the Privacy Policy and any other policies, guidelines or terms published by Pawkit from time to time, each of which forms part of this Agreement.
If you do not agree to this Agreement, you must not access or use the Platform.
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IMPORTANT NOTICE
The Platform is not an emergency veterinary service. If your pet requires urgent or emergency veterinary attention, you should immediately contact the nearest emergency veterinary hospital or emergency veterinary service. Pawkit does not guarantee the immediate availability of any Provider and the Platform should not be relied upon for emergency care.
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1. DEFINITIONS
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In this Agreement, unless the context otherwise requires:
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"Agreement" means these Terms and Conditions together with the Privacy Policy and any policies, guidelines, schedules or documents expressly incorporated by reference.
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"Booking" means a request submitted through the Platform for the provision of Professional Services by a Provider.
"Pet" means any animal in respect of which Platform Services, Professional Services or Products are requested or purchased through the Platform.
"Pet Owner", "you" or "your" means any individual or entity accessing or using the Platform, including any person acting on behalf of a pet owner.
"Platform" means the Pawkit website, mobile application, customer portal, provider portal, messaging channels, application programming interfaces (APIs) and any other digital platform or technology operated by Pawkit.
"Platform Services" means the technology, booking, scheduling, payment facilitation, communication, customer support, logistics coordination and other administrative services provided by Pawkit through the Platform.
"Products" means medications, prescription products, preventive products, prescription diets, supplements, pet care products and any other goods made available through the Platform.
"Professional Services" means veterinary, veterinary nursing, grooming, pet sitting, dog walking, transport, behavioural, training, hospice, medication administration and other pet care services provided by a Provider.
"Provider" means an independent veterinarian, veterinary nurse, groomer, pet sitter, dog walker, transporter, trainer, hospice care provider or other independent professional or business offering Professional Services through the Platform.
"Wallet" means the Pawkit Wallet made available through the Platform.
"Wallet Credits" means the monetary value held in your Wallet, whether arising from top-ups, refunds, promotional credits or any other credits issued by Pawkit.
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2. ABOUT PAWKIT
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This Agreement is entered into between Pawkit Pte. Ltd. (UEN: 202218405W) ("Pawkit", "we", "our" or "us") and the person accessing or using the Platform ("you", "your" or "Pet Owner").
Pawkit operates a technology-enabled marketplace that facilitates connections between Pet Owners and independent Providers offering Professional Services.
Through the Platform, Pawkit provides Platform Services designed to facilitate the discovery, booking, coordination, payment and administration of Professional Services, as well as the purchase of Products and other services made available through the Platform.
Unless expressly stated otherwise in this Agreement, Pawkit provides Platform Services only and does not itself provide Professional Services.
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3. PAWKIT'S ROLE
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3.1 Platform Services
Pawkit operates and manages the Platform and provides Platform Services to facilitate connections between Pet Owners and Providers.
Unless expressly stated otherwise in this Agreement, Pawkit does not itself provide Professional Services.
3.2 Role of Pawkit
Pawkit's role is limited to providing the Platform and Platform Services, including facilitating the discovery, booking, coordination, communication, payment and administration of Professional Services.
Where applicable, Pawkit may also facilitate the purchase, supply and delivery of Products made available through the Platform.
3.3 Professional Judgment
Pawkit does not exercise professional, clinical or technical judgment in relation to the Professional Services provided by a Provider.
All decisions relating to the appropriateness, scope, timing, manner and provision of Professional Services are made independently by the relevant Provider in accordance with the Provider's professional judgment.
3.4 Collection of Payments
Where applicable, Pawkit acts as the authorised collection agent of the relevant Provider for payments relating to Professional Services.
Payment made to Pawkit in respect of Professional Services shall constitute payment to the relevant Provider to the extent of the amount received by Pawkit.
4. PROVIDERS
4.1 Independent Providers
Providers offering Professional Services through the Platform are independent professionals or businesses providing services in their own professional capacity.
Nothing in this Agreement or the use of the Platform creates any partnership, joint venture, employment, agency or fiduciary relationship between Pawkit and any Provider.
4.2 Responsibility for Professional Services
Each Provider is solely responsible for the Professional Services they provide.
Without limitation, each Provider is responsible for:
4.2.1 determining whether to accept a Booking;
4.2.2 determining whether the requested Professional Services are appropriate;
4.2.3 exercising their own professional, clinical or technical judgment;
4.2.4 determining whether additional Professional Services or Products are required;
4.2.5 complying with all applicable laws, regulations, licensing requirements and professional obligations; and
4.2.6 the quality, appropriateness and outcome of the Professional Services they provide.
4.3 Professional Independence
Nothing in this Agreement shall require a Provider to perform Professional Services contrary to the Provider's professional judgment.
A Provider may accept, decline, modify, postpone or discontinue Professional Services where the Provider reasonably determines that it is appropriate to do so.
5. YOUR ACCOUNT
5.1 Account Registration
You must create an account to access certain features of the Platform, request Bookings, purchase Products or use other Platform Services.
When registering for an account, you must provide complete, accurate and up-to-date information, including such personal information as Pawkit may reasonably require.
You agree to promptly update your account information whenever there is any change.
5.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your username, password and any authentication methods associated with your account.
You shall not permit any other person to access or use your account.
You are responsible for all activities conducted through your account unless such activities result from a security breach attributable to Pawkit.
5.3 Security Notifications
If you know or reasonably suspect that your account has been accessed without authorisation or that your account credentials have been compromised, you must notify Pawkit immediately.
5.4 Eligibility
By creating an account or using the Platform, you represent and warrant that:
5.4.1 you are at least eighteen (18) years of age or otherwise have the legal capacity to enter into this Agreement;
5.4.2 you have the legal authority to enter into this Agreement;
5.4.3 all information provided by you is complete, accurate and not misleading;
5.4.4 you will use the Platform only in accordance with this Agreement and all applicable laws; and
5.4.5 you will not transfer, assign or permit another person to use your account except where expressly permitted by Pawkit.
Pawkit reserves the right to refuse registration, suspend or terminate your account, or require additional verification where reasonably necessary.
5.5 Acting on Behalf of Another Person
You may use the Platform to make Bookings or purchase Products on behalf of another person, provided you have the authority to do so.
Where you act on behalf of another person:
5.5.1 you represent that you have authority to act on their behalf;
5.5.2 you remain responsible for all Bookings, purchases, payments and obligations arising from the use of your account;
5.5.3 you are responsible for ensuring that all information provided is complete and accurate; and
5.5.4 references to "you" in this Agreement shall, where the context permits, include the person on whose behalf you are acting.
5.6 Minors
If you are under eighteen (18) years of age, you may only use the Platform with the consent and supervision of your parent or legal guardian.
Any parent or legal guardian permitting a minor to use the Platform accepts responsibility for the minor's use of the Platform and compliance with this Agreement.
6. USE OF THE PLATFORM
6.1 Licence to Use
Subject to your compliance with this Agreement, Pawkit grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform solely for your personal and lawful use.
Except as expressly provided in this Agreement, no rights or licences are granted to you.
6.2 Availability of the Platform
Pawkit will use reasonable efforts to maintain the availability of the Platform.
However, Pawkit does not warrant or guarantee that the Platform or any part of it will be continuously available, uninterrupted, secure or error-free.
Pawkit may suspend, restrict or discontinue access to the Platform or any part of the Platform for maintenance, upgrades, security, operational requirements or any other reasonable purpose.
6.3 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with this Agreement.
You must not:
6.3.1 use the Platform in any manner that breaches any applicable law or regulation;
6.3.2 provide false, misleading or fraudulent information;
6.3.3 impersonate another person or create an account on behalf of another person without authority;
6.3.4 make fraudulent, duplicate or fictitious Bookings;
6.3.5 misuse, interfere with or disrupt the operation, security or integrity of the Platform;
6.3.6 upload or transmit any virus, malware or other malicious code;
6.3.7 attempt to gain unauthorised access to any part of the Platform or any connected systems or networks;
6.3.8 reverse engineer, decompile, modify or create derivative works of the Platform except where permitted by applicable law; or
6.3.9 use the Platform in any manner that may adversely affect Pawkit, any Provider or any other user.
6.4 Third-Party Services
The Platform may incorporate or integrate with third-party software, payment gateways, communication services, mapping services or other third-party services.
Your use of such third-party services may be subject to the terms and conditions of the relevant third party.
Pawkit is not responsible for the availability or operation of any third-party services beyond its reasonable control.
6.5 Updates
Pawkit may update, modify, enhance, suspend or discontinue any part of the Platform from time to time where reasonably necessary for operational, technical, commercial or legal reasons.
7. PROFESSIONAL SERVICES
7.1 Formation of the Professional Services Agreement
When a Provider accepts a Booking through the Platform, a separate agreement is formed directly between you and the relevant Provider for the provision of the Professional Services.
Pawkit is not a party to the Professional Services Agreement except in its capacity as the provider of Platform Services and, where applicable, as the authorised collection agent for the relevant Provider.
7.2 Scope of Professional Services
The scope and manner of the Professional Services shall be determined by the relevant Provider in consultation with you and may vary depending on your pet's condition, welfare, behaviour, safety considerations and the Provider's professional judgment.
The Professional Services ultimately provided may differ from those originally requested where the Provider reasonably determines that a different approach is necessary or appropriate.
7.3 Pricing and Additional Work
The price displayed for a Professional Service is the base price for that service under normal conditions and is subject to the actual condition of the pet as assessed by the relevant Provider at the time of the appointment.
Where the Provider reasonably determines that the Professional Service requires additional time, effort, materials, products or specialised handling due to the pet's condition, behaviour or other circumstances (including, without limitation, matting, tangles, severe soiling, aggression, or other factors outside normal conditions), the Provider may revise the fees for the Professional Service accordingly.
Where reasonably practicable, the Provider will inform you of the revised fees and obtain your approval before performing the additional work or incurring the additional charges.
Nothing in this Clause prevents the Provider from taking any action reasonably necessary to protect the welfare of the pet or the safety of any person.
7.4 Teleconsultation Services
Where Professional Services are provided by telephone, video consultation or other remote communication methods, you acknowledge and agree that:
7.4.1 the Provider's assessment is based on the information made available during the consultation;
7.4.2 the Provider may not be able to conduct a complete assessment without physically examining your pet;
7.4.3 recommendations may change following an in-person examination or further diagnostic investigations;
7.4.4 the Provider may recommend an in-person consultation, referral or emergency veterinary treatment where appropriate; and
7.4.5 teleconsultation services may not be appropriate for every condition or circumstance.
7.5 Owner Responsibilities
You are responsible for providing complete, accurate and up-to-date information relating to yourself and your pet before and during the provision of the Professional Services.
The relevant Provider is entitled to rely upon the information provided by you when determining whether and how the Professional Services should be provided.
7.6 Consent
By requesting or accepting Professional Services, you authorise the relevant Provider to perform the Professional Services agreed between you and the Provider.
Where reasonably practicable, your consent will be obtained before additional Professional Services or Products are provided or additional charges are incurred.
7.7 No Guarantee of Outcome
While Providers will exercise reasonable skill and care in providing Professional Services, no guarantee, warranty or representation is made regarding the outcome, effectiveness or success of any Professional Services.
7.8 Veterinary Emergencies
The Platform is not intended to replace emergency veterinary services.
If your pet requires urgent or emergency veterinary treatment, the relevant Provider may recommend immediate referral to an emergency veterinary hospital or other appropriate facility.
Pawkit does not guarantee the availability of any Provider within any particular timeframe.
8. PRODUCTS
8.1 General
The Platform may enable you to purchase medications, prescription products, preventive products, supplements, prescription diets, pet care products and other goods ("Products").
Unless expressly stated otherwise, Products purchased through the Platform are supplied by Pawkit.
Certain Products may only be supplied following assessment, prescription or authorisation by a licensed Veterinarian.
8.2 Prescription Products
Where a Product requires a prescription or veterinary authorisation:
8.2.1 the attending Veterinarian shall independently determine whether the Product is clinically appropriate for your pet;
8.2.2 Pawkit shall not prescribe, authorise or determine whether any prescription Product should be supplied;
8.2.3 the attending Veterinarian shall remain solely responsible for all prescribing decisions, diagnoses, treatment recommendations and professional judgment relating to the Product; and
8.2.4 Pawkit may dispense, supply or arrange for the delivery of the prescribed Product in accordance with the Veterinarian's prescription or instructions.
8.3 Orders
Your submission of an order for any Product constitutes an offer to purchase the Product.
All orders are subject to acceptance by Pawkit.
A contract for the sale of the Product shall only be formed upon Pawkit's confirmation and acceptance of your order.
Pawkit reserves the right to refuse, decline, modify or cancel any order prior to acceptance where reasonably necessary.
8.4 Prices
8.4.1 The price payable for any Product shall be the price displayed on the Platform at the time the order is placed, unless otherwise expressly stated.
8.4.2 Where a Product is not listed on the Platform or where the final price cannot reasonably be determined in advance, Pawkit may provide you with a quotation through the Platform, email, WhatsApp, SMS or any other communication channel.
8.4.3 Your acceptance of the quotation shall constitute your agreement to purchase the Product at the quoted price.
8.4.4 All prices are exclusive of delivery charges, taxes, duties or other applicable fees unless expressly stated otherwise.
8.4.5 Pawkit reserves the right to amend Product prices at any time prior to acceptance of an order or quotation.
8.5 Payment
You agree to pay all applicable fees, charges and taxes relating to your purchase of Products.
Orders will not be processed until payment has been successfully authorised or received, unless otherwise agreed by Pawkit.
8.6 Delivery
Pawkit will use reasonable efforts to arrange delivery of Products within the estimated delivery timeframe where applicable.
Delivery timeframes are estimates only and are not guaranteed.
Risk in the Products passes to you upon delivery.
Ownership of the Products remains with Pawkit until full payment has been received.
8.7 Product Information
While Pawkit uses reasonable efforts to ensure that Product descriptions, photographs, pricing and availability are accurate, Pawkit does not warrant that such information is complete, current or free from error.
Product images are for illustration purposes only.
8.8 Returns and Refunds
Prescription medications and prescription-only Products are not eligible for return or exchange unless supplied incorrectly, damaged upon delivery, defective or otherwise required by applicable law.
Returns and exchanges of non-prescription Products shall be governed by Pawkit's Returns Policy.
8.9 Product Availability
Product availability displayed on the Platform is indicative only and does not guarantee stock availability.
Where a Product becomes unavailable after an order has been placed, Pawkit may cancel the affected order and refund any amount paid in respect of the unavailable Product.
8.10 Product Use
You are responsible for ensuring that Products are used strictly in accordance with:
8.10.1 the instructions of the attending Veterinarian;
8.10.2 the manufacturer's instructions; or
8.10.3 any accompanying product information.
Pawkit shall not be responsible for any loss, injury or damage arising from misuse, improper storage or failure to follow such instructions.
9. PAWKIT WALLET
9.1 General
Pawkit may make available a digital wallet facility ("Wallet") that enables you to maintain Wallet Credits for use on the Platform.
Use of the Wallet is subject to this Agreement and any policies issued by Pawkit from time to time.
9.2 Funding the Wallet
Wallet Credits may be added to your Wallet through:
9.2.1 top-ups made using payment methods accepted by Pawkit from time to time;
9.2.2 refunds credited by Pawkit;
9.2.3 promotional, goodwill or other credits issued by Pawkit; or
9.2.4 any other method approved by Pawkit from time to time.
Pawkit reserves the right to determine, suspend or amend the available funding methods at any time.
9.3 Use of Wallet Credits
Wallet Credits may be used to pay for Professional Services, Products, Platform Services, delivery fees and any other charges made available through the Platform.
Where your Wallet Credits are insufficient to complete a transaction, you authorise Pawkit to collect the outstanding balance using another payment method selected by you.
9.4 Wallet Balance
You may view your available Wallet balance through the Platform.
The Wallet balance displayed on the Platform shall, in the absence of manifest error, be conclusive evidence of your available Wallet Credits.
Wallet Credits do not accrue interest.
9.5 Refunds
Where you are entitled to a refund under this Agreement, Pawkit may, at its discretion or in accordance with your selection where available:
9.5.1 refund the amount to your original payment method;
9.5.2 credit the amount to your Wallet; or
9.5.3 process the refund using another reasonable payment method.
9.6 Restrictions
Wallet Credits:
9.6.1 are not legal tender;
9.6.2 may only be used through the Platform;
9.6.3 may not be transferred, assigned or sold to another person;
9.6.4 are not redeemable for cash except where required by applicable law or expressly approved by Pawkit; and
9.6.5 may only be used in accordance with this Agreement.
9.7 Wallet Adjustments
Pawkit may debit, reverse, suspend or otherwise adjust Wallet Credits where reasonably necessary, including where:
9.7.1 Wallet Credits have been credited in error;
9.7.2 a payment or Wallet top-up has been reversed, cancelled or charged back;
9.7.3 fraud, unauthorised activity or misuse is reasonably suspected;
9.7.4 this Agreement has been breached; or
9.7.5 Pawkit is required to do so by applicable law or by a governmental or regulatory authority.
9.8 Suspension or Closure
Pawkit may suspend, restrict or close your Wallet where reasonably necessary, including where fraud, unlawful activity or a breach of this Agreement is reasonably suspected.
Closure of your Wallet does not affect any outstanding payment obligations.
10. PAYMENTS
10.1 Payment Methods
Payments for Professional Services, Products and other charges may be made using such payment methods as Pawkit makes available from time to time, including credit cards, debit cards, PayNow, the Wallet or any other approved payment methods.
10.2 Payment Authorisation
By submitting a Booking, placing an order, accepting a quotation or approving any additional charges, you authorise Pawkit to charge your selected payment method or deduct the applicable amount from your Wallet for all fees, charges, taxes and other amounts payable under this Agreement.
10.3 Collection of Payments
Where Professional Services are provided by a Provider, payments shall be collected by Pawkit in accordance with Clause 3.4.
10.4 Taxes
Prices displayed on the Platform reflect all taxes required to be included under applicable law.
Where Pawkit is registered for Goods and Services Tax ("GST"), applicable GST will be included in or added to the price as required by law and as indicated on the Platform.
You remain responsible for any taxes, duties or other governmental charges imposed in connection with your use of the Platform or the purchase of Professional Services or Products.
10.5 Failed or Reversed Payments
If a payment cannot be successfully processed or is subsequently declined, reversed, cancelled or charged back, Pawkit may, to the extent permitted by law:
10.5.1 suspend or cancel the relevant Booking or Product order;
10.5.2 suspend access to your Wallet or certain Platform Services;
10.5.3 recover any outstanding amounts using another payment method authorised by you or available Wallet Credits; and
10.5.4 take such other action as is reasonably necessary to recover amounts lawfully due.
10.6 No Set-Off
Unless required by applicable law or expressly agreed by Pawkit in writing, all payments shall be made in full without deduction, withholding, counterclaim or set-off.
10.7 Electronic Receipts
Pawkit may issue receipts, tax invoices and other payment records electronically.
You consent to receiving such documents in electronic form.
11. BOOKINGS, CANCELLATIONS & RESCHEDULING
11.1 Booking Requests
A Booking submitted through the Platform constitutes a request for Professional Services and does not guarantee that the Booking will be accepted.
A Booking is confirmed only after it has been accepted by the relevant Provider or otherwise confirmed through the Platform.
11.2 Accuracy of Booking Information
You are responsible for ensuring that all information provided in connection with a Booking is complete, accurate and up to date, including information relating to:
11.2.1 your pet;
11.2.2 the requested Professional Services;
11.2.3 your contact details;
11.2.4 the service location;
11.2.5 access instructions; and
11.2.6 any behavioural, medical or safety issues that may reasonably affect the provision of the Professional Services.
Failure to provide complete or accurate information may result in delays, additional charges, cancellation or the inability to complete the Professional Services.
11.3 Appointment Preparation
You are responsible for ensuring that:
11.3.1 your pet is available at the agreed appointment time;
11.3.2 the service location is reasonably safe and accessible;
11.3.3 any reasonable preparation instructions provided by Pawkit or the Provider have been followed;
11.3.4 all persons whose assistance is reasonably required are present where requested; and
11.3.5 your pet can be safely examined, handled, groomed, transported or otherwise attended to.
11.4 Changes to Bookings
Requests to reschedule, amend or cancel a Booking are subject to:
11.4.1 the Provider's availability;
11.4.2 the applicable cancellation or rescheduling policy;
11.4.3 any fees disclosed on the Platform or otherwise communicated to you before the change is confirmed.
A Booking is not amended until the change has been confirmed through the Platform or by Pawkit.
11.5 Cancellation by You
You may cancel a confirmed Booking in accordance with the cancellation policy applicable to the relevant Professional Service.
Any applicable cancellation fees, administrative fees or other charges will be disclosed on the Platform or otherwise communicated to you before the cancellation is processed.
11.6 Cancellation or Rescheduling by the Provider
A Provider may cancel, decline or reschedule a Booking where reasonably necessary, including where:
11.6.1 the Provider is unavailable;
11.6.2 the Professional Services are no longer appropriate;
11.6.3 the Provider reasonably considers that it is unsafe or impracticable to proceed;
11.6.4 the required information has not been provided;
11.6.5 the pet cannot be safely handled or assessed; or
11.6.6 circumstances beyond the Provider's reasonable control prevent the appointment from proceeding.
Where reasonably practicable, Pawkit will assist in arranging an alternative appointment or Provider if requested.
11.7 Behavioural or Safety Issues
You must disclose any information known to you regarding your pet that may reasonably affect the safe provision of the Professional Services, including any history of aggression, biting, scratching, escape attempts or other behavioural concerns.
If the Provider reasonably determines that the Professional Services cannot be safely performed due to behavioural, medical or environmental factors, the Provider may:
11.7.1 modify the Professional Services;
11.7.2 require additional handling assistance, equipment or manpower;
11.7.3 discontinue or decline the Professional Services; or
11.7.4 reschedule the appointment.
Applicable fees may still be payable where the appointment cannot proceed due to circumstances that were not disclosed before the appointment or were otherwise within your reasonable control.
11.8 Failure to Attend
If:
11.8.1 you are not present at the agreed appointment time;
11.8.2 the Provider is unable to access the service location after making reasonable attempts;
11.8.3 your pet is unavailable; or
11.8.4 the appointment cannot reasonably proceed due to circumstances within your control,
the appointment may be cancelled or treated as a failed attendance.
Applicable fees may still be payable in accordance with the relevant cancellation policy.
11.9 Delays
Appointment times are estimates only.
Providers may occasionally be delayed due to emergencies, earlier appointments, traffic, weather or other operational circumstances.
Where reasonably practicable, the Provider will notify you of any material delay, and Pawkit may facilitate such notification through the Platform.
11.10 Additional Charges
Additional charges may apply where reasonably necessary, including where:
11.10.1 additional Professional Services are requested or required;
11.10.2 additional handling assistance or manpower is required;
11.10.3 waiting time exceeds any complimentary waiting period;
11.10.4 parking charges, ERP charges, ferry charges or similar location-specific charges are incurred;
11.10.5 the appointment duration materially exceeds the original Booking; or
11.10.6 other charges disclosed on the Platform or agreed by you become applicable.
Where reasonably practicable, your approval will be obtained before additional charges are incurred.
11.11 Service-Specific Policies
Certain Professional Services may be subject to additional booking, cancellation, rescheduling, waiting time, preparation or attendance policies.
Where applicable, those policies will be published on the Platform or otherwise communicated to you before
your Booking is confirmed and shall form part of this Agreement.
12. PRIVACY
12.1 Collection and Use of Personal Data
By accessing or using the Platform, you acknowledge and agree that Pawkit may collect, use, disclose, process and store your personal data in accordance with this Agreement and Pawkit's Privacy Policy.
The Privacy Policy forms part of this Agreement and is incorporated by reference.
12.2 Purpose of Collection
Pawkit may collect, use and disclose your personal data where reasonably necessary to:
12.2.1 create and manage your account;
12.2.2 facilitate Bookings and the provision of Platform Services;
12.2.3 facilitate the provision of Professional Services by Providers;
12.2.4 process payments (including in Pawkit's capacity as the authorised collection agent of Providers), and maintain your Wallet balance and transaction history;
12.2.5 supply and deliver Products;
12.2.6 communicate with you regarding your account, Bookings, Products or Professional Services;
12.2.7 respond to enquiries, complaints and customer support requests;
12.2.8 comply with applicable laws, regulatory requirements and lawful requests by governmental authorities;
12.2.9 improve, develop, maintain and secure the Platform and Platform Services; and
12.2.10 such other purposes described in the Privacy Policy or otherwise notified to you.
12.3 Disclosure of Information
You acknowledge and agree that Pawkit may disclose your personal data where reasonably necessary to:
12.3.1 the relevant Provider;
12.3.2 payment processors and financial institutions;
12.3.3 logistics, courier or transport providers;
12.3.4 technology service providers;
12.3.5 insurers, professional advisers or auditors;
12.3.6 governmental, regulatory or law enforcement authorities where required by law; and
12.3.7 other third parties in accordance with the Privacy Policy or with your consent.
12.4 Information Provided to Providers
Where you request Professional Services, you authorise Pawkit to share such information as is reasonably necessary with the relevant Provider to facilitate the provision of the Professional Services.
The relevant Provider is independently responsible for complying with all applicable privacy, confidentiality and professional obligations relating to information collected or generated in the course of providing the Professional Services.
12.5 Communications
You agree that Pawkit and Providers may contact you using the contact details you have provided in connection with your account or Bookings, including by telephone, email, SMS, WhatsApp, push notification or other electronic communication methods supported by the Platform.
12.6 Security
Pawkit will implement reasonable administrative, technical and organisational measures to protect personal data against unauthorised access, use, disclosure, alteration or destruction.
However, no method of electronic transmission or storage is completely secure, and Pawkit does not guarantee the absolute security of any information transmitted through the Platform.
12.7 Privacy Policy
Further information regarding the collection, use, disclosure, storage and protection of personal data is set out in Pawkit's Privacy Policy, which may be updated from time to time.
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13. INTELLECTUAL PROPERTY
13.1 Ownership
The Platform, Platform Services and all intellectual property rights therein, including all software, source code, object code, databases, designs, text, graphics, logos, icons, photographs, audio, video, user interfaces, documentation, content and other materials made available through the Platform, are owned by or licensed to Pawkit and are protected by applicable intellectual property laws.
Except as expressly provided in this Agreement, nothing in this Agreement transfers any intellectual property rights to you.
13.2 Licence to Use
Subject to your compliance with this Agreement, Pawkit grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform solely for your personal use in connection with the Platform Services.
This licence does not permit you to reproduce, distribute, modify, commercialise or otherwise exploit any part of the Platform except as expressly authorised by Pawkit.
13.3 Restrictions
You must not, without Pawkit's prior written consent:
13.3.1 copy, reproduce, distribute or publish any part of the Platform;
13.3.2 modify, adapt, translate or create derivative works of the Platform;
13.3.3 reverse engineer, decompile or attempt to discover the source code of the Platform, except where expressly permitted by applicable law;
13.3.4 remove, obscure or alter any copyright, trade mark or proprietary notices;
13.3.5 use the Platform or any content on the Platform for any commercial purpose; or
13.3.6 use Pawkit's intellectual property in any manner likely to mislead, confuse or imply endorsement without Pawkit's prior written consent.
13.4 Trade Marks
"Pawkit", the Pawkit name, logo, branding, trade marks, service marks and all related names, logos, product names and slogans are owned by or licensed to Pawkit.
Nothing in this Agreement grants you any right to use any of Pawkit's trade marks without Pawkit's prior written consent.
13.5 User Content
Where you upload, submit or otherwise provide any information, photographs, videos, reviews, comments or other content through the Platform ("User Content"), you retain ownership of your User Content.
You grant Pawkit a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, store, modify, adapt, publish, distribute and display your User Content for the purpose of:
13.5.1 operating and improving the Platform;
13.5.2 providing the Platform Services;
13.5.3 facilitating Professional Services;
13.5.4 customer support, quality assurance and dispute resolution;
13.5.5 complying with legal or regulatory obligations; and
13.5.6 any other purpose reasonably connected with the operation of the Platform.
Where User Content contains personal data, Pawkit will process such personal data in accordance with the Privacy Policy.
13.6 Feedback
If you provide Pawkit with any suggestions, recommendations, ideas, feedback or other comments relating to the Platform or Platform Services, you acknowledge that Pawkit may use such feedback without restriction or obligation to compensate you.
14. DISCLAIMER
14.1 Platform
To the fullest extent permitted by applicable law, Pawkit provides the Platform and Platform Services on an "as is" and "as available" basis.
While Pawkit uses reasonable efforts to maintain the availability and functionality of the Platform, Pawkit does not warrant or guarantee that the Platform or any Platform Services will:
14.1.1 be continuously available or uninterrupted;
14.1.2 be free from errors, defects, viruses or other harmful components;
14.1.3 operate without delay; or
14.1.4 meet your individual requirements or expectations.
14.2 Professional Services
You acknowledge and agree that:
14.2.1 Professional Services are provided solely by the relevant Provider;
14.2.2 Pawkit does not provide professional, clinical or technical advice;
14.2.3 Pawkit does not supervise, direct or control the professional judgment exercised by any Provider;
14.2.4 Pawkit does not warrant or guarantee the quality, appropriateness, effectiveness or outcome of any Professional Services; and
14.2.5 the outcome of Professional Services may vary depending on your pet's condition, medical history, behaviour and other circumstances beyond Pawkit's reasonable control.
14.3 Products
While Pawkit uses reasonable efforts to ensure that Products are supplied in accordance with the relevant order or prescription, Pawkit does not warrant or guarantee:
14.3.1 that any Product is suitable for your pet;
14.3.2 the effectiveness of any Product;
14.3.3 that any Product will produce a particular outcome; or
14.3.4 that Products will always be available.
Prescription decisions, treatment recommendations and medication instructions remain the responsibility of the attending Provider.
14.4 Information Provided by You
Pawkit and Providers are entitled to rely upon the information provided by you.
Pawkit shall not be responsible for any loss, delay, unsuccessful appointment or adverse outcome arising from inaccurate, incomplete or misleading information supplied by you.
14.5 Third-Party Services
The Platform may utilise or integrate with third-party services, including payment processors, mapping services, communication providers, courier services and other technology providers.
Pawkit is not responsible for any interruption, delay or failure arising from third-party services beyond Pawkit's reasonable control.
14.6 No Other Warranties
Except as expressly provided in this Agreement and to the fullest extent permitted by applicable law, Pawkit disclaims all warranties, representations and conditions, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
15. INDEMNITY
15.1 Indemnity
You agree to indemnify, defend and hold harmless Pawkit, its related corporations, directors, officers, employees, agents, contractors and service providers from and against all claims, demands, actions, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:
15.1.1 your breach of this Agreement;
15.1.2 your misuse of the Platform;
15.1.3 any inaccurate, incomplete or misleading information provided by you;
15.1.4 your breach of any applicable law or regulation;
15.1.5 your infringement of the rights of any third party;
15.1.6 your negligent, fraudulent or unlawful act or omission; or
15.1.7 any claim brought by a third party arising from your use of the Platform, except to the extent that such claim results directly from Pawkit's fraud, wilful misconduct or gross negligence.
16. LIMITATION OF LIABILITY
16.1 Exclusion of Certain Losses
To the fullest extent permitted by applicable law, Pawkit shall not be liable for any indirect, incidental, consequential, exemplary, punitive or special loss or damage arising out of or in connection with this Agreement or your use of the Platform, including any loss of profits, revenue, goodwill, business opportunities, anticipated savings or data.
16.2 Professional Services
You acknowledge that Professional Services are provided by independent Providers.
To the fullest extent permitted by applicable law, Pawkit shall not be liable for any act, omission, negligence, professional misconduct or professional judgment of any Provider in connection with the provision of Professional Services.
16.3 Delays and Interruptions
Pawkit shall not be liable for any delay, cancellation, interruption or failure to provide Professional Services or Products arising from:
16.3.1 the unavailability of a Provider;
16.3.2 the Provider's professional judgment;
16.3.3 traffic, weather or transport delays;
16.3.4 third-party failures;
16.3.5 inaccurate information provided by you; or
16.3.6 circumstances beyond Pawkit's reasonable control.
16.4 Maximum Liability
To the fullest extent permitted by applicable law, where Pawkit is found liable notwithstanding any provision of this Agreement, Pawkit's aggregate liability arising out of or in connection with any claim shall not exceed the total amount paid by you for the specific Booking, Product or transaction giving rise to that claim.
16.5 Non-Excludable Liability
Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
17. TERMINATION
17.1 Termination by Pawkit
Pawkit may suspend, restrict or terminate your account or access to the Platform immediately, with or without prior notice, where Pawkit reasonably determines that:
17.1.1 you have breached this Agreement;
17.1.2 you have provided false, inaccurate or misleading information;
17.1.3 fraudulent, unlawful or unauthorised activity is suspected;
17.1.4 your continued use of the Platform may expose Pawkit, any Provider or any other user to legal, regulatory, operational or security risks;
17.1.5 Pawkit is required to do so by applicable law or by any governmental or regulatory authority; or
17.1.6 such suspension or termination is reasonably necessary to protect the security, integrity or operation of the Platform.
Any suspension or termination shall not affect any rights, obligations or liabilities accrued before the effective date of such suspension or termination.
17.2 Termination by You
You may terminate your account at any time through the account settings available on the Platform or by contacting Pawkit using the contact details published on the Platform.
Termination of your account does not automatically cancel any confirmed Booking or outstanding payment obligation unless otherwise agreed by Pawkit or the relevant Provider.
17.3 Effect of Termination
Upon termination of your account:
17.3.1 your right to access and use the Platform shall immediately cease;
17.3.2 Pawkit may cancel any pending or unconfirmed Booking, Product order or transaction;
17.3.3 any confirmed Professional Services Agreement between you and the relevant Provider shall continue in accordance with its terms unless otherwise agreed between you and the relevant Provider;
17.3.4 Pawkit may retain, archive or delete your account information in accordance with applicable law and the Privacy Policy; and
17.3.5 all outstanding fees, charges and payment obligations accrued before termination shall remain payable.
17.4 Survival
Termination of this Agreement shall not affect any provision which, by its nature, is intended to survive termination, including without limitation provisions relating to:
17.4.1 payment obligations;
17.4.2 intellectual property;
17.4.3 disclaimers;
17.4.4 indemnities;
17.4.5 limitations of liability;
17.4.6 dispute resolution; and
17.4.7 governing law.
18. FORCE MAJEURE
18.1 Force Majeure Events
Neither Pawkit nor any Provider shall be liable for any delay, interruption or failure in performing any obligation under this Agreement where such delay, interruption or failure results from circumstances beyond its reasonable control, including but not limited to:
18.1.1 acts of God;
18.1.2 natural disasters, floods, fires, storms or earthquakes;
18.1.3 epidemics, pandemics or public health emergencies;
18.1.4 war, terrorism, civil unrest, riots or acts of violence;
18.1.5 industrial disputes, labour shortages or strikes;
18.1.6 interruption or failure of electricity, telecommunications, internet services or technology infrastructure;
18.1.7 cyber-attacks, hacking, denial-of-service attacks, malware or other malicious software;
18.1.8 governmental actions, court orders, regulatory requirements or changes in applicable law;
18.1.9 transport disruptions or road closures;
18.1.10 veterinary disease outbreaks, animal quarantine measures or movement restrictions imposed by any governmental or regulatory authority; or
18.1.11 any other event beyond the reasonable control of the affected party.
18.2 Mitigation
The affected party shall use reasonable efforts to minimise the effects of the Force Majeure Event and resume performance as soon as reasonably practicable.
18.3 Suspension of Obligations
To the extent affected by a Force Majeure Event, the obligations of the affected party shall be suspended for the duration of the Force Majeure Event.
If the Force Majeure Event continues for such period that performance is no longer reasonably practicable, Pawkit or the relevant Provider may cancel or reschedule the affected Booking or terminate the affected transaction without further liability, except in respect of obligations accrued prior to the Force Majeure Event.
19. GENERAL
19.1 Entire Agreement
This Agreement, together with the Privacy Policy and any policies, schedules, guidelines or other documents expressly incorporated by reference, constitutes the entire agreement between you and Pawkit in relation to your access to and use of the Platform and supersedes all prior discussions, representations, negotiations and agreements relating to the same subject matter.
Nothing in this Agreement limits or excludes liability for fraud or fraudulent misrepresentation.
19.2 Amendments
Pawkit may amend this Agreement from time to time by publishing the updated version on the Platform.
Unless otherwise stated, the amended Agreement shall take effect upon publication.
Your continued access to or use of the Platform after the amended Agreement takes effect constitutes your acceptance of the amended Agreement.
19.3 Severability
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed to the extent necessary and the remaining provisions shall continue in full force and effect.
19.4 No Waiver
No failure or delay by Pawkit in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
Any waiver shall only be effective if made in writing.
19.5 Assignment
You may not assign, transfer, novate or otherwise deal with any of your rights or obligations under this Agreement without Pawkit's prior written consent.
Pawkit may assign, novate or transfer any of its rights or obligations under this Agreement to any affiliate, successor or third party without your consent.
19.6 Delegation
Pawkit may appoint, engage or delegate the performance of any of its functions or obligations under this Agreement to any related corporation, contractor, subcontractor, service provider or agent.
19.7 Notices
Pawkit may provide notices to you by:
19.7.1 posting notices on the Platform;
19.7.2 email;
19.7.3 SMS;
19.7.4 WhatsApp;
19.7.5 push notification; or
19.7.6 any other contact details provided by you.
You are responsible for ensuring that your contact information remains accurate and up to date.
Electronic notices shall be deemed received when transmitted unless Pawkit receives notification that the notice could not be delivered.
19.8 Third Party Rights
Except as expressly provided in this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any provision of this Agreement.
19.9 Language
This Agreement may be translated into languages other than English.
In the event of any inconsistency between the English version and any translated version, the English version shall prevail.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
20.2 Amicable Resolution
The parties shall use reasonable efforts to resolve any dispute arising out of or in connection with this Agreement through good faith negotiations.
20.3 Jurisdiction
If a dispute cannot be resolved within thirty (30) days after written notice of the dispute has been given by either party, either party may commence proceedings in the courts of Singapore, which shall have exclusive jurisdiction to hear and determine the dispute.
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21. Contact Us
If you have questions or feedback about these Terms, contact us at:
📧 admin@pawkit.sg
📱 +65 8854 0207