TERMS AND CONDITIONS
A. Acceptance of Terms
The Terms govern all use of the Tailz Service, whether you access it from our website at https://www.tailz.in (the “Site”), our mobile applications, our Facebook application, our online or phone support offerings, or any other access point we make available to you, (collectively referred to herein as the "Platform"). The "Service User Pet" is defined as the pet which belongs to the Service User and handed over to the Service Provider for the purpose of the rendering the service which was agreed upon and paid for.
B. Tailz Service
1. Nature of Service
Tailz Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) and providers of pet-care related services (“Service Providers”) can use to discover, find, communicate and interact with each other. The Tailz Service includes our support services, educational materials, promotions and trainings for Service Providers and Pet Owners, and other services. We may charge fees for some aspects of the Tailz Service, as communicated from time to time.
2. Tailz is not a pet-care service provider
Tailz is not a Service Provider and, except for phone support, emergency support and other resources and support specifically described in the Tailz Service, does not provide pet-care services. We make no representations or warranties about the quality of boarding, day-care, dog walking, or other services provided by Service Providers (“Pet-Care Services”), or about your interactions and dealings with users. Service Providers listed on Tailz are not under the direction or control of Tailz, and Service Providers determine in their own discretion how to provide Pet-Care Services.Service Providers are neither employees nor agents of Bark Park/Tailz. Though we provide general guidance on our Platform to Service Providers about safety and pet-care and to Pet Owners about selecting and engaging Service Providers, Tailz does not employ, recommend or endorse Service Providers or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline.We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verifications as described in Section E on Service Providers, sometimes conducted by a third party, but, do not otherwise screen Service Providers or Pet Owners. Background Verification is limited to the documentation provided by Service Provider, you should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via the Tailz Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Tailz Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
SUBJECT TO SECTION N BELOW, BARK PARK/TAILZ HAS NO LIABILITY FOR ANY CLAIMS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS AND THE ACTS AND/OR OMISSIONS OF SERVICE PROVIDERS AND PET OWNERS, WHETHER ONLINE OR OFFLINE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
3.Transactions between Pet Owners and Service Providers
The Platform maybe used to discover and offer Pet-Care Services and to interact with and to facilitate payment but all transactions conducted on the Platform are between Pet Owners and Pet-Care Service providers. Except for the limited refunds not greater than the value of the service availed, you agree that Bark Park/Tailz has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Tailz Service.
4. Pet Owners are Solely Responsible for Evaluating Service Providers
Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Please evaluate the Service Provider based on your Pet’s requirement, nature and behaviour and follow the Meet-n-Greet process for making informed decisions about engaging Service Providers. Background verification conducted by Bark Park/Tailz is limited, and Bark Park/Tailz does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Bark Park/Tailz does not endorse reviews of Service Providers by other Pet Owners that may be available via the Tailz Service, and Tailz makes no commitments that such reviews are accurate or legitimate.
Pet Owners who arrange for Pet Care Services and fail to retrieve their pet or extend their booking after the end of service period identified in a Booking, agree that Tailz (or the Service Provider) may, in its/his/her sole discretion, place the pet in foster care, transfer care to animal shelter control or find alternate care or other law enforcement authorities. Pet Owner agrees to reimburse Tailz and/or the Service Provider for all costs and expenses incurred for such transfer or alternate arrangements.
6.Pet transfer from Service Provider premise or change of Service Provider
Tailz expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Tailz deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Tailz will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Tailz not be able to contact the Pet Owner or the emergency contact, Tailz will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Tailz 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 Tailz in connection with such transfer.
We recommend that Pet Owners provide as much information to the Service Providers to enable them to provide satisfactory service. Pet Owners should give their Service Providers contact information, including Veterinarian contact information, where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Tailz at the applicable support number or email address listed in the table at the end of these Terms. If you are a Pet Owner, you hereby authorize your Service Provider and Tailz to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Tailz. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Tailz for any injury, damage or liability arising from failure to seek such care. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Tailz to deduct such costs from the refundable booking amount. Tailz recommends that all users have adequate pet insurance to cover the costs of veterinary care.
8. Third-party Services
Tailz may offer and organize training services and/or veterinary consultation services from a third-party to Pet Owners and/or Service Providers to provide educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the Tailz Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional care. You agree to resort solely to the applicable third-party service in the event of any claims arising from their services.
Pet Owners and Service Providers transact with each other on the Platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Tailz Service (a “Booking”). A Booking may be initiated by either a Service Provider or a Pet Owner by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Pay”. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honour the price and other terms of that Booking, as acknowledged in the Booking confirmation. You acknowledge that once you Pay for the Booking, you have complete Meet-n-Greet with the Service Provider.
10.Text Messages, Phone Calls and Communication
Consent to Auto-dialled Text Messages, Notifications
You specifically, expressly & freely consent to Bark Park/Tailz communicating with you about the Tailz Service by SMS, text message, whats app, email and other electronic means, including auto-dialled text messages, push notifications containing service information, transactional and/or promotional messages, even if your phone number is on the do-not-disturb (DND) list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive promotional messages as a condition of purchasing anything or using the Tailz Service, and you may opt-out of receiving these messages at any time as described in our Privacy Statement (though you may continue to receive messages while Tailz processes your request).
C. Membership and Accessibility
1.License to Access
2.Membership Eligibility Criteria
Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that:
(a) all registration information that you submit is truthful and accurate,
(b) you will maintain the accuracy of such information, and
(c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation.
Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.
For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, registered and microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets, as required by law, whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).
For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet-Care Services in the jurisdiction where you provide Pet-Care Services; that you have complied with and will comply with all laws and regulations that are applicable to you; that you have obtained all required business licenses, tax registrations, and permits necessary to legally provide Pet-Care Services; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and other similar laws.
3. Registration and Account Security
To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, phone number and email address through the sign-up process on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Bark Park in providing you with more a more customized experience when using the Platform. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your Bark Park password and, if applicable, your Third Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Bark Park immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree not to impersonate anyone else and not to maintain more than one account (or, if Bark Park/Tailz suspends or terminates your account, not to create additional accounts).You hereby acknowledge and agree that Bark Park/Tailz will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Bark Park or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
You will not copy or distribute any part of the Platform in any medium;
You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose;
You will provide accurate and complete information when creating your Account;
You shall not in any manual or automated manner collect Service Providers or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third-party site;
You shall not recruit, solicit, or contact in any form Service Providers or Service Users for jobs or contracting for a business not affiliated with Bark Park without express written permission from Bark Park;
You shall not take any action that (i) unreasonably encumbers or, in Bark Park's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Bark Park's measures that are used to prevent or restrict access to the Platform;
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes;
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should Bark Park find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Bark Park reserves the right, at its sole discretion, to immediately suspend and terminate your use of the Platform.
4. Additional Policies
5. Use of Tailz Service
When you use the Tailz Service, you agree:
To use the Tailz Service only in a lawful manner and only for its intended purposes.
Not to use the Tailz Service to arrange for the care of any animal whose ownership or third-party care is prohibited under applicable law and/or any animal that has a history of, or which has been trained for, attacks on pets or people.
Not to submit viruses or other malicious code to or through the Platform.
Not to use the Tailz Service, or engage with other users of the Tailz Service, for purposes that violate the law.
Not to use the Tailz Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Platform.
Not to use the Tailz Service for purposes of competing with Bark Park/Tailz or to promote other products or services.
Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications.
Not to impersonate any other person.
Not to transfer or authorize the use of your account for the Tailz Service by any other person, or to engage in fraudulent transactions.
Not to provide false information in your profile on, or registration for, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the Tailz Service.
Not to solicit another user’s username and password for the Tailz Service or any other sensitive personal information, including bank details.
6. Suspension and Termination
You understand and agree that we have no obligation to provide the Tailz Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Tailz Service:
if in our discretion your conduct on the Platform or Tailz Service is inappropriate, unsafe, dishonest, or in breach of these terms
if necessary in our discretion to protect Bark Park/Tailz, its users, pets, or the public.
You may suspend or terminate your use of the Tailz Service at any time and for any reason. If you wish to deactivate your account, please contact Tailz. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
You agree that Bark Park/Tailz will not be liable for any pets that have gone missing or lost when in the care or possession of the pet service provider. Bark Park/Tailz will only assist by sponsoring for lost pet advertising up to a value equivalent to Rs. 3000 for jobs that have been booked and paid via the Platform. Any lost or missing pet must be reported to Bark Park/Tailz within 24 hours of the incident.
Should the Service Provider fail to use their reasonable efforts to inform Bark Park/Tailz within 24 hours after the pet missing incident, Bark Park/Tailz may, at its sole discretion, to suspend or terminate their access to Platform. Bark Park/Tailz may withhold or delay any outstanding pay-outs to the Service Providers at its discretion pending investigations regarding the lost pet or until the pet is found. If the pet cannot be found, all payment for the related job will be refunded to the Service Users.
D. Content Management
1. Submitted Content
We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Platform or otherwise in connection with using the Tailz Service and/or participating in promotional campaigns we conduct on the Platform (collectively, “Submitted Content”).
2. Prohibition on Submitted Content
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Provider, or the Service User ("Feedback") (the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Providers
is intended to harm or exploit any individual under the age of 18 ("Minor") in any way
is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school
invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Bark Park/Tailz or any third party
is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Bark Park all of the license rights granted herein
intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Bark Park employee, agent, manager, Pet Service Provider, another user, or any other person though any means; advertises or solicits a business not related to or appropriate for the Platform (as determined by Bark Park in its sole discretion)
contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
distributes or contains viruses or any other technologies that may harm Bark Park, or the interests or property of Bark Park users;
is non-local or irrelevant content
contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Bark Park.
3. Your Ownership Rights and License to Bark Park
You represent and warrant that
you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section and make the release in Section with respect to Submitted Content
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it
that you have any necessary consents and releases from individuals who appear or whose pets appear in Submitted Content
Submitted Content does not violate the law or these Terms
Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Bark Park/Tailz an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Submitted Content in connection with providing and/or promoting the Tailz Service, and to sublicense these rights to third parties.
If your name, voice, image, persona, likeness, or performance is included in any of the Submitted Content, you hereby waive, and release Bark Park/Tailz and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Submitted Content in accordance with the license in Sectionand the other provisions of these Terms.
Bark Park/Tailz does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you, you authorize to be searchable by Registered Users who have access to the Platform is provided on a non-proprietary and nonconfidential basis. You agree that Bark Park shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
5. Right to Remove and Screen Content
Tailz/Bark Park is not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Submitted Content on the Platform. Our enforcement of these Terms with respect to Submitted Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Submitted Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Submitted Content. It is your sole responsibility to maintain backup copies of Submitted Content.
6. Ratings, Review and Feedback
The Platform may provide the ability to leave public and/or private reviews, ratings and feedback of users and/or their pets and Service Providers. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Bark Park/Tailz has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Tailz Service, whether before or after termination of your account for the Tailz Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Tailz Service at any time.
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback. The following actions constitute inappropriate uses of Feedback:
threatening to leave negative or impartial Feedback unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided
leaving Feedback in order to make the Service Provider or Service User appear better than he or she actually is or was
including conditions in an Offer or Want that restrict a Service Provider or a Service User from leaving Feedback.
Resolving Disputes in Connection with Feedback
In the event of any dispute between users of the Platform concerning Feedback, Bark Park/Tailz shall be the final arbiter of such dispute. Further, in the event of any dispute between users of the Platform concerning feedback, Bark Park/Tailz has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefore.
7. Prohibition on Sending Messages
You will not send messages to other users containing:
unsolicited advertising or marketing of a service not offered on the Platform or an external website
personal contact information including but not limited to phone numbers, social media addresses and emails
offers to make national or international money transfers
messages that encourage the use of other third party services or platforms for the purpose of messaging and soliciting businesses out of the platform
encouragement for the Service Users to either reduce the days or visits or walks for their bookings, or to refrain from extending subsequent bookings on the Platform.
encouragement of use of services outside the Platform
All Postings. state and local laws prohibit employment or service postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Bark Park/Tailz will not knowingly accept any Posting which is in violation of the law. Bark Park has the right, in its sole discretion and without prior notice to you, to immediately remove any Posting that discriminates or is any way in violation of any law.
The foregoing lists of prohibitions provide examples and is not complete or exclusive. Bark Park/Tailz reserves the right to
terminate your access to your Account, your ability to post to this Platform (or the Services)
refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Bark Park/Tailz determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services.
Bark Park/Tailz reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Bark Park deems appropriate in Bark Park/Tailz's sole discretion
Bark Park/Tailz may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Bark Park/Tailz’s discretion, Bark Park/Tailz will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet.
Bark Park/Tailz does not and cannot review every Posting posted to the Platform. These prohibitions do not require Bark Park/Tailz to monitor, police or remove any Postings or other information submitted by you or any other user.
E. Background Check and Verification
1. Tools for Background Verification
2. Consent to Perform Background Verification
By registering as a Service Provider on the Platform, you do hereby consent to allow Bark Park/Tailz to perform background check internally or by using a third party service provider, using information you provide, and you understand that Bark Park/Tailz may review the information provided by the third-party verification service/website/platform/mobile application and that Bark Park/Tailz, after reviewing the results, may take whatever actions it deems necessary with respect to your Account. You hereby authorize Bark Park/Tailz to verify your representations and warranties herein, and you acknowledge that Bark Park/Tailz reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless Bark Park/Tailz from any loss or liability that may result from the background check and verification. In addition, you do hereby represent, understand and expressly agree that Bark Park/Tailz offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. Bark Park/Tailz retains the right to terminate your Bark Park/Tailz membership and/or account based on the information provided by this third-party verification service.
3. Limitation of Background Verification and Service User’s Liability to evaluate
Service Users remain fully liable to evaluate and investigate Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Bark Park/Tailz does not automatically run Background Checks on any Users. The Background Checks are dependent on information and documents provided by Service Providers. Records not available to third-party Background Checking agencies will not be included in the results.
4. Optional Third-Party Verification Services
Bark Park/Tailz may make third-party verification services available to Service Providers and Service Users at some additional cost. Service Providers and Service Users may use these services to verify information such as, but not limited to, name, address, and professional license credentials. You hereby authorize Bark Park/Tailz to verify your representations and warranties herein, and you acknowledge that Bark Park/Tailz reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby represent, understand and expressly agree that Bark Park/Tailz offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that Bark Park/Tailz may review the information provided by the third-party verification service and that Bark Park/Tailz retains the right to terminate your Bark Park/Tailz Account based on the information. You affirm that all of the information you provide to Bark Park/Tailz as part of these third-party verification services is correct, complete, and applicable to you. You understand that the information in the report may factor into other party’s decisions to engage you as a Service Provider. You agree to indemnify and hold harmless Bark Park/Tailz from any loss or liability that may result from your sharing this report publicly.
F. Fees, Payment & Cancellation
1. Fees for Pet Owners
A. Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking and making the required payment as indicated in the total amount payable at the time of booking confirmation. The total amount charged to the Pet owners for a booking may also include fee payable to Tailz/Bark Park, inclusive of any applicable taxes. The Service Provider, not Tailz, is responsible for performing the Pet Care Services.
B. Refundable Amount
Pet Owners using day-care and boarding services will be charged for additional two days as a refundable deposit to cover for any delays and emergencies. This amount will be refunded within 24 hours after competition of the service and successful pick-up of the pet.
2. Fees for Service Providers
A. Once you confirm and accept the booking and the pet owner has made the payment, you agree to honour the booking and the price and other conditions of the booking. The pet-care transaction is between pet owner and Service Provider and Tailz/Bark Park is only a facilitator in the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking and (except to the extent of any payment hold pursuant to Section F.7 initiate payment to the Service Provider’s account 48 hours after completion of the service period indicated in the Booking.
B. We charge a service fee for Tailz Service. The fee is communicated to the service provider at the time of registration and maybe revised from time to time based on business needs. The revised fees are communicated to the Service Provider through the Mobile Application/Website/email/message on registered number.
C. All payment made to the service provider are subject to prevalent tax regulations. Withholding tax is applicable and payments will be made after required deductions. Rate of deduction is based on applicable tax laws and documentation provided by service provider. Aadhar Card and Pan Card are required for tax deductions.
3. Fraudulent Financial transaction
A. If we receive a complaint from our associated payment facilitator/s, any financial institution or government body, that a transaction is fraudulent, and could be due to a fake or fraudulent credit card transaction, you will be informed and the payments for your jobs with the affected owner will be held temporarily.
B. The investigation with the financial institution can take up to 180 days and if the transactions were found to be fraudulent you agree that the money will not be released to you as we too will be unable to receive that money from the payment gateway company as well, and you will return any monies previously paid out by Bark Park/Tailz to you for the related jobs.
C. If you believe the transaction is genuine, do update us with any proof that you have and you can continue to engage the pet owner outside of our platform till the issue is resolved.4.
A. As required by law, Tailz/Bark Park liable to pay taxes only on its own income and revenue. Tailz/Bark Park will only be liable to collect and deposit taxes as required by applicable laws for certain transactions on the platform. Service Providers and Users of Platform are responsible for their own tax compliances and should seek professional guidance to ensure compliance.
5. Cancellation and refund policy for the pet- parents
A service request can be cancelled free of charge after payment and confirmation for up to 7 days before start of service. If you cancel after this, you'll be charged a cancellation fee. Please check the cancellation policy of the service provider before confirming the booking.
A. Pet-boarding and Pet day-care
72 hours before the day of the start of the booking you will be charged a 20% of the total booking amount as cancellation fee.
If Cancelled less than 72 hours before the day of the start of the booking, 100% of total booking amount will be charged as cancellation fee.
On-going service cannot be cancelled. We recommend resolving the issue with the service provider amicably. If the issue is still not resolved, please reach out to us for further assistance. If the service ends before the end of the service period, pet-parent can be charged 100% of the amount for remaining days.
72 hours before the day of the start of the booking you will be charged a 20% of the total booking amount as cancellation fee.
If Cancelled less than 72 hours before the day of the start of the booking, 100% of total booking amount will be charged as cancellation fee.
Monthly package needs to be cancelled 7 days before the start of the next monthly package.
3 days before start of the next monthly package, you will be charged for first 7 days of the month on pro-rata basis.
Less than 3 days before start of the next monthly package you will be charged 50% of the package amount.
On-going service cannot be cancelled. We recommend resolving the issue with the service provider amicably. If the issue is still not resolved, please reach out to us for further assistance. If the service ends before the end of the service period, pet-parent can be charged 100% for the remaining period.
Repeat Weekly booking
Weekly bookings need to be cancelled 7 days before the start of the next week that is on Monday cancel the bookings for next week.
3 days before start of the next week 50% of the weekly amount.
Less than 3 days before start of the next week you will be charged 100% as cancellation fee.
On-going service cannot be cancelled. We recommend resolving the issue with the service provider amicably. If the issue is still not resolved, please reach out to us for further assistance. If the service ends before the end of the service period, pet-parent can be charged 100% for the remaining period.
6. Cancellation and refund policy for the pet- sitters
Cancellations affect the trust and the confidence of the pet-parents in the Tailz community, Cancellations will impact your rating and may affect your ability to get service requests in future. We strongly recommend that you fulfil the committed requests. However, we do understand that at times there can be some unavoidable circumstances and you have no option but to cancel. Please reach out to Tailz support before cancelling the service request and assist the pet-parent to make alternate arrangements. Pet-parents positive experience even in case of cancellation will help you maintain your ratings.
Cancel the request in timely manner allowing pet-parent to make alternate arrangements.
Penalty-free cancellation is allowed only within 24 hours of confirmation of Meet-n-Greet by either party.
Penalty charge equivalent to the daily boarding rate for one-day shall be charged in case of cancellation after 24 hours.
Penalty fee will be waived if the service provider has completed at least 5 consecutive bookings without cancellations.
Penalty fee will be adjusted from your next pay-out.
Cancellation of on-going service is permitted only under extreme circumstances. Please coordinate with Tailz support team and assist the pet-parent to make alternate arrangements. You may have to reimburse pet transport costs, if any.
If you are a Service Provider, Tailz/Bark Park reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section F.2 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Tailz, the Tailz community or third-party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
G. Copyright Infringement Take Down Procedure
Bark Park/Tailz has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to firstname.lastname@example.org : (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Bark Park/Tailz to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Bark Park/Tailz to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Bark Park/Tailz will remove any infringing material, subject to the procedures outlined by Copyright act. Notwithstanding Bark Park/Tailz instructions above, you are solely responsible for ensuring that any Notice you provide to Bark Park/Tailz complies with any legal requirement.
H. Modifications to or Termination of Platform
1.Modification or Cessation of Platform
Bark Park/Tailz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Bark Park/Tailz shall not be liable to you or to any third party for any modification, suspension or discontinuance of Bark Park/Tailz services.
2. Termination by Bark Park/Tailz
3. Termination by You
4. Effect of Termination
Unless Bark Park/Tailz has previously cancelled or terminated your use of the Platform (in which case subsequent notice by Bark Park/Tailz shall not be required), if you provided a valid email address during registration, Bark Park/Tailz will notify you via email of any such termination or cancellation, which shall be effective immediately upon Bark Park/Tailz's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Bark Park/Tailz Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Bark Park/Tailz shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, Bark Park/Tailz retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Bark Park/Tailz hereunder shall remain in effect for the foregoing purpose. In no event is Bark Park/Tailz obligated to return any Submitted Content to you. Sections as applicable from time to time, shall survive expiration or termination of the Platform or your Account.
You agree to indemnify and hold Bark Park/Tailz, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
I. Intellectual Property Rights
Bark Park/Tailz owns or holds the licenses to all data and marks on the platform
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Bark Park/Tailz, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners.
Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bark Park/Tailz reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
J. Terms of Service; Disputes Between Registered Users
1. Bark Park/Tailz is not a party to any service contract
Each Registered User hereby acknowledges and agrees that Bark Park/Tailz is NOT a party to any oral or written Agreement for Service, rate sheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
2. No agency or partnership
3. Disputes between registered users
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers and Service Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Bark Park/Tailz does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
The Pet Service Provider reserves the right to refuse or end a booking prior to the booking, after confirmation of the booking, or during the job period at any time should the Service User provide inaccurate or misleading information of the pets or requirements of the pets prior to the confirmation of any booking. Payments for bookings that fall under this section will not be refundable for services that have already been rendered.
Any information and requirements provided on the Bark Park/Tailz platform only up to the time of confirmation of booking will be used as a basis for decisions on disputes. Only communications via the platform chat will be considered for dispute resolution. Communication on other third party channels will not be considered as part of the contract between service provider, sitters, hosts and service user or pet owner.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions
or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Bark Park/Tailz.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT BARK PARK SHALL NOT BE RESPONSIBLE FOR OPPORTUNITY LOSSES OR LIABLE FOR ANY LOSS, DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT BARK PARK IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE BARK PARK, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER. BARK PARK ALSO RESERVES THE RIGHT TO DISCLOSE OR INFORM OR BROADCAST TO RELATED OR RELEVANT PARTIES OF COMPLAINTS BY OTHER PLATFORM USERS FOR THE SAFETY OF THE COMMUNITY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER BARK PARK USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS.
Home pet boarding and other Pet Services provided are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Service User, to determine if the applicable Service Provider-Provided Service is best for your pet and to select the Service Provider carefully. While certain Service Provider may receive positive assessments or comments by the Site or its users, Bark Park/Tailz makes no representations or warranties regarding the quality, security or positive features of the Service Provider or the Service Provider's residence. Bark Park/Tailz is not party to any agreement or transaction between Service User and Service Providers and, as such, cannot verify or otherwise authenticate any claims made by the Service Provider(including any medical certifications or insurance coverage held by the Service Provider). 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 Service Provider for pet boarding or other pet-care related services. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Service Provider-Provided Services, is entirely your own. You acknowledge and agree that, Bark Park/Tailz is not liable for any damages associated with the administration of pet boarding or other Service Provider-Provided Services, which may include but are not limited to, bodily injury, mating with, or death to your pet (whether caused by the Service Provider, any family member, friend, pet or other affiliate of the Service Provider or any other third party). It is the sole responsibility of Service User to make decisions that are in the best interests of themselves and their pets. You agree not to attempt to impose liability on, or seek any legal remedy from Bark Park/Tailz. You release Bark Park/Tailz from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a Host, Sitter, Pet Owner, Service user or other Service Provider in connection with the Site.
K. Dispute Resolution
L. Third-party Links, Contact Forms and Phone Numbers
M. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BARK PARK AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BARK PARK DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. BARK PARK DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. BARK PARK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRDPARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS OR SERVICE PROVIDERS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BARK PARK DOES NOT CHECK ANY PET SERVICE PROVIDER, SITTER, PET OWNER, OR OTHER USER’S BACKGROUND OR RECORD. BARK PARK IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON PET SERVICE PROVIDERS AND SITTERS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF BADGES AND OTHER PROFILE ATTRIBUTES -- INCLUDING THOSE THAT REFERENCE THIRD PARTY ORGANIZATIONS -- ARE MEANT TO FACILITATE THE EXCHANGE OF INFORMATION AND DO NOT REPRESENT A WARRANTY OR ENDORSEMENT OF ANY KIND, FROM EITHER BARK PARK OR ANY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
N. Limitations of Liability
1. IN NO EVENT SHALL BARK PARK, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARK PARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BARK PARK, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID TO BARK PARK BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BARK PARK SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BARK PARK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
3. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO:
(A) THE USE OR INABILITY TO USE OUR SERVICES;
(B) HARM OR DAMAGE TO YOUR PROPERTY OR PETS AS A RESULT OF USING OUR SERVICES;
(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;
(D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES;
(E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER, HOST, SITTER, PET OWNER, USER, OR OTHER THIRD PARTIES ON OUR SERVICES; OR
(F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
O. Force Majeure
P. Indemnification and Release
YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM BARKPAR. YOU RELEASE BARK PARK FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE, OR OTHERWISE), EQUITABLE RELIEF, AND ANY OTHER LEGAL, EQUITABLE, AND ADMINISTRATIVE REMEDY, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR COMMUNICATION OR INTERACTION WITH OTHER USERS ON THE SITE OR YOUR EXPERIENCE AS A PET SERVICE PROVIDER, SITTER, PET OWNER OR OTHER SERVICE PROVIDER IN CONNECTION WITH THE SITE.
Q. General Information
2. Statute of limitations
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. Section headings