Terms & Conditions
TERMS AND CONDITIONS OF USE OF THIS WEBSITE
- (b) Included herein (PART 2) are the Terms and Conditions for the Service Agreement, which shall be read with the Agreement.
- (c) If you do not agree with or accept any of these Terms, you should cease using the Site immediately. If you have any questions about this website, please complete a Contact Form and submit to us at http://canyouletmydogout.com/contact-form.
TERMS AND CONDITIONS OF USE OF THIS WEBSITE
- (d) Definitions
“content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.
“we”, “us” or “our” means Can You Let Your Dog Out Inc. an Alberta Corporation duly incorporated under the laws of the Province of Alberta, Canada.
“you” or “your” means the person accessing or using the Site or its Content.
- (f) Accessibility: we seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at 587- 999-5199 or send an e-mail to email@example.com .
2. Restrictions on use
(a) The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
- (i) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
- (ii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- (iii) not to infringe our copyright, or reverse engineer decompile, copy, modify, distribute, transit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its content except as permitted by us under these Terms or as expressly provided under applicable law and / or under any Additional Terms;
- (iv) not to use the Site to distribute viruses or malware or other similar harmful software code;
- (v) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
- (vi) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details, in the event that you are provided with same by us for any reason, confidential.
- (c) You agree that you will pay legal costs on a solicitor and client basis incurred by us to prevent or stop infringement by you of any of these terms.
We offer Services which assist you in letting your dog(s) out and other incidental services thereto, when you are not able to do so. Should you make use of our services, the Terms listed in PART II hereof shall govern our contractual relationship. The Terms listed in PART II hereof, shall govern the use of our Services and may be amended from time to time.
- Financial Policy
In the event that this Site permits you to make bookings online, the following will govern
- (i) Cancellation of regular Bookings within 2 hours before the scheduled Booking shall incur the full service fee.
- (ii) Cancellation of A.S.A.P Bookings will not be refunded.
- (iii) Holiday cancellations require 48 hours notice.
(iv) Fees for services are due and payable by cash, debit or visa/master card on receipt of an invoice issued by us.
5. Meet And Greet
- (a) Before the Booking services set out in these terms can be provided by the Service
Provider, the Parties will have a friendly meet and greet.
- (b) The meet and greet will be an opportunity for the Owner and the pet(s) to meet the Service Provider.
- (c) The meet and greet will take place at the Owner’s home on a time agreed to between the parties.
- (d) During the meet and greet the parties will review the important routines of the pet(s).
- (e) Both parties will complete the Service Agreement.
- (f) After the meet and greet the Owner shall provide the Service Provider with a duplicate key or access code to the Owner’s home.
- (g) The Owner hereby forever indemnifies, holds harmless and releases the Service Provider from any and all claims for loss, injury and harm caused by the loss of the duplicate key or access code, changed access codes, malfunctioning codes or locks.
- (a) The Owner shall make all Bookings for regular drop in visits with a minimum of two hours
notice before the start of the service.
- (b) The Owner may request A.S.A.P service. The Booking for an A.S.A.P service must be made with a minimum of one hour notice.
- (c) The Service Provider must confirm the A.S.A.P service request with the Owner. The A.S.A.P. service will only be booked on confirmation from the Service Provider.
- (a) Owner shall promptly pay the invoice of the Service Provider in full prior to the service.
Outstanding invoices shall be paid in full within thirty days from receipt thereof.
- (b) Service Provider is entitled to suspend its Services, in its sole discretion, for non- or late payment of Services.
- (a) Cancellation of regular Bookings within 2 hours before the scheduled Booking shall incur
the full service fee.
- (b) Cancellations of A.S.A.P Bookings will not be refunded.
- (c) Holiday cancellations require 48 hours notice.
9. Medical Emergency For Pet
- (a) In the event that the pet suffers a medical emergency at the time that the Service Provider attends at the Owner’s property, the Service Provider shall make every effort to contact the Owner.
- (b) If time is of the essence in the sole opinion of the Service Provider, the pet shall be taken to the nearest veterinarian or animal hospital, whichever is closest to the property of the Owner.
- (c) In the event that the Service Provider finds the Owner’s pet in need of medical attention which is in the opinion of the Service Provider not a medical emergency, the Service Provider shall make every effort to contact the Owner and get instructions to deal with the situation. If the Service Provider cannot reach the Owner or the emergency contact, and it is the opinion of the Service Provider that the pet needs medical attention, the Service Provider shall take the pet to the nearest veterinarian.
- (d) The Owner shall fully reimburse the Service Provider for any expenses incurred in taking the pet for emergency medical attention. The Owner shall fully reimburse the Service Provider for any expenses incurred in taking the pet to the nearest veterinarian for any non-emergency medical attention.
- (e) The Owner acknowledges and agrees that the Service Provider is NOT a veterinarian or veterinary nurse or assistant, nor has the Service Provider any qualifications or experience in dealing with emergency animal health. The Owner hereby forever indemnifies, holds harmless and releases the Service Provider from any and all claims for loss, injury, harm or death to the pet caused by or related to the Service Provider’s action or omission in obtaining veterinary treatment for the Owner’s pet.
- (a) Service Provider will not attend on any animal which has not been fully vaccinated. On signing the Agreement the Owner shall provide the Service Provider with up to date certified copies of vaccination certificates for each pet the Service Provider will attend on.
- (b) The pet(s) must as a minimum be vaccinated against Canine Distemper Parvovirus, Rabies and Kennel Cough.
- (c) If the Service Provider is bitten by a pet that is not up to date with vaccinations, the Owner shall reimburse the Service Provider for all damages incurred, including medical costs and loss of income for the duration of the period that Service Provider can not work as a direct result of the injury.
11. Medical Condition Of Pet(S)
- (a) If a pet is suffering from a medical condition, the Owner will provide the Service Provider
with full details of the medical condition.
- (b) If the Owner requires the Service Provider to administer medicine to the pet as directed by their veterinarian, it is the responsibility of the Owner to provide full details and instructions to the Service Provider in writing.
(c) Owner shall notify Service Provider and Service Provider shall not attend on pet(s) that suffer from an active contagious disease that can be possibly harmful to Service Provider or pets with which Service Provider may come into contact.
12. Aggressive Pet(S)
- (a) The Owner shall notify the Service Provider before entering into an Agreement that the Owner’s pet(s) is/are aggressive. The Service Provider shall not attend on an Aggressive pet.
- (b) Should a pet bite a Service Provider, the Owner agrees that the Owner is responsible for the injury and any damages, including consequential damages. The Owner shall pay all medical costs and lost wages incurred as a direct result of the injury.
13. Bad Weather
(a) Service Provider shall use best judgement to care for the pet(s). If the weather poses a
risk for the pet(s), the Service Provider shall not let the pet(s) out.
14. Problems Arising At Owner’s Property
(a) If in the event that the Service Provider attends at the Owner’s property and a problem arises such as an animal destroying a fence etc., the Service Provider shall make every effort to contact the Owner and follow the Owner’s instructions.
15. Keys And Access To Property
- (a) Owner shall provide Service Provider with a duplicate key or access code after the free meet and greet visit. This key shall be coded for the security of the Owner. When not used, the Service Provider shall keep the key in a safe and secure place.
- (b) If the Owner does not want to leave a duplicate key with the Service Provider, the Service Provider will make a lock box available for the key. The Owner shall be responsible for any loss, injury or damage incurred as a result of or in relation to the use of the lock box.
- (c) In the event that a problem occurs with the key or code due to a malfunction and access is denied to the Service Provider, every effort will be made to contact the Owner.
- (d) At the end of the term of the Service Agreement between the parties or on termination of the Service Agreement, Service Provider shall return the duplicate key to the Owner.
- (a) The Service Provider shall provide Services in a caring, reliable and trustworthy manner.
- (b) Depending on the Services Agreement between the parties, the services which may be provided when a booking is made includes:
- (i). Ten minute visits with the Owner’s pet(s);
- (ii). Bathroom breaks for the pet(s) in the Owner’s back yard;
- (iii). Feeding of the pet(s) on the Owner’s request;
- (iv). Ensuring that adequate water is available for the pet(s);
- (v). Providing of medication to the pet(s) on the Owner’s written instructions;
- (vi). Changing of litter box / cleaning of litter box for cat / kitty care visits;
- (vii). Brief play time, cuddles and attention to the pet(s);
- (viii). Providing of cookies or other treats to the pet(s) on the Owner’s approval and only if supplied by the Owner;
- (ix). On the Owner’s request the Service Provider will bring in any mail flyers into the Owner’s home.
- Personal Emergency Or Illness Of Service Provider
In the event that the Service Provider suffers a personal emergency or illness on the day of the Booking, the Service Provider shall notify the Owner. The Service Provider may arrange for an alternative Service Provider to attend at the property with the consent of the Owner.
- Owner Information Update
It is the responsibility of the Owner to inform the Service Provider in writing of any changes to the contact numbers for the Owner, medical condition of the pet(s), behavioural conditions of the pet(s), change in veterinarian of the pet(s) and change in pet care needs.
- (a) All the information Owner provides to Service Provider will be held confidential.
- (b) The Service Provider will collect and use personal information provided only for purposes that are reasonably necessary.
- (c) The Service Provider shall protect personal information that is in its custody by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.
- (d) The Service Provider shall within a reasonable time after it no longer reasonably requires personal information for legal or business purposes destroy the records containing the personal information or render the personal information non-identifying.
- (e) Service Provider shall strictly comply with the rules and regulations of the Personal Information Protection Act, SA 2003, c P-6.5.
- (a) Service Provider is insured and bonded. Service Provider warrants that it will have
insurance cover and appropriate UCB coverage for the duration of the Service Agreement.
- (b) The Owner shall ensure that the property, its contents and pets are adequately insured throughout the term of the Service Agreement.
- (c) The Owner shall ensure that all valuable items will be securely locked away for the Service Provider Booking time.
21. House Cleanliness
- (a) Service Provider shall clean up after the Owner’s pet in the event the pet had an accident,
to the best of its ability.
- (b) Service Provider shall not be liable or responsible for any carpet or flooring stains created by the pet.
- (c) The Owner shall provide any cleaning products and utensils to be utilized for cleaning of pet accidents.
22. Ownership, use and intellectual property rights
- (a) This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/ or licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
- (b) Nothing in these Terms and Conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and, in particular, in any digital rights or other security technology embedded or contained within any Site Content.
- (c) Trade-marks: “Can You Let My Dog Out” is our trade-mark. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
23. Software, Sound or Video Recordings for Download
- (a) Where any software, sound or video recordings (the “Software or Media Downloads”) are made available for downloading from the Site, this is our copyrighted work and /or that of our licensors. You may only use such Software or Media Downloads in accordance with the terms of the end user license agreement, if any, which accompanies the Software or Media Downloads and, subject thereto, in accordance with these Terms. All such Software or Media Downloads are made available for downloading solely for your personal use in a non-commercial manner. Any reproduction or redistribution of Software or Media Downloads not in accordance with the end use license agreement and/or these Terms is expressly prohibited, and may result in severe civil and criminal penalties.
- (b) Our Software or Media Downloads are warranted only to the extent expressly required by Canadian law or according to the terms of the end user license agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the Software or Media Downloads, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such Software or
Media Downloads exceed the limitations of liability in the applicable end user license agreement, or in all other cases the amount you paid us for the relevant Software or Media Downloads.
24. Submitting Information to the Site
- (b) Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide, so you shall be entitled to use your own material yourself subject to applicable law.
25. Accuracy of information and availability of the Site
(a) While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform
you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute psychological, technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
(b) While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
26. Hyperlinks and third party sites
(a) The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
26. Warranties and limitation of liability
- (a) You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.
- (b) To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
- (c) We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
- (d) The Owner agrees and shall indemnify, defend and hold harmless the Service Provider, its directors, shareholders, employees, agents, subcontractors or other representatives in respect of any liability or claim against the Service Provider, its directors, shareholders, employees, agents, subcontractors or other representatives, which is greater than the amount to be recovered by the Service Provider under this Service Agreement in any single year. The Service Provider, its directors, shareholders, employees, agents, subcontractors or other representatives shall not be liable to the Owner for consequential damages of any kind.
- (e) Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
- (b) Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and all notices from us to you will be displayed on our website from to time.
- (c) We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access or hacking event, flood, fire, explosion or accident.
- (d) If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
- (f) You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
- (g) These terms and conditions shall be construed in accordance with and governed by the laws of the Province of Alberta.
- (h) The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais
Service Provider may, in its sole discretion, terminate the Services at any time and without
notice to client by taking down the Service Provider’s Website or refusing bookings.
The failure or delay by a party in enforcing, or insisting upon strict performance of, any provision of the Agreement and Terms and Conditions to the Agreement, does not constitute a waiver of such provision or in any way affect the enforceability of this Agreement (or any of its provisions) or deprive a party of the right, at any time or from time to time, to enforce or insist upon strict performance of that provision of the Service
Agreement is effective only if in writing and signed by a duly authorized representative of such party.
The Owner agrees to release and indemnify the Service Provider and its affiliates, if any, and their respective personnel (collectively called the “Indemnified Party”) from and against any and all claims, liabilities, costs and expenses which such Indemnified Party may incur or become subject to under any applicable federal or provincial law, or otherwise, and related to or arising out of any services provided by the Service Provider to the Owner, except to the extent any claim, liability or expense results from the gross negligence of intentional misconduct of an Indemnified Party as determined in a final judgment by a court.
If any provision of the Service Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from the Service Agreement and the remaining provisions will continue in full force and effect, without amendment.
The Service Agreement may only be amended, supplemented or otherwise modified by
written agreement between the parties.
Neither the Service Agreement nor any of the rights, duties or obligations under the Service Agreement or Terms and Conditions are assignable or transferable by the Owner without the prior written consent of the Service Provider. Any attempt to assign any of the rights, duties or obligations in the Service Agreement without such written consent is void.
- Entire Agreement
The Service Agreement constitutes the entire Agreement and supersedes all prior agreements, understandings, negotiations and discussions relating to the subject matter thereof, whether oral or written. There are no representations, warranties, covenants, conditions, or other agreements, express or implied, collateral, statutory or otherwise, between the parties relating to the subject matter hereof except as specifically set forth in this agreement. Neither party has relied or is relying on any other information, discussions or understandings in entering into this agreement.
- Governing Law And Choice Of Forum
The Service Agreement is governed by the laws of the Province of Alberta, without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. The parties irrevocably submit to the exclusive jurisdiction of the Provincial Courts of the Province of Alberta, and specifically, to the Calgary Courts Centre.