1.1. When you register to use the Platform, as either a Walker or an Owner, you will have accepted either the Walker Terms and Conditions https://dogg.app/walker-terms or Owner Terms and Conditions https://dogg.app/owner-terms (whichever is applicable to your status). Those Terms and Conditions are an agreement between you and Dogg Technologies Pty Ltd (Dogg) and they govern your use of Dogg’s Platform.
1.2. In contrast, this is an agreement between the Walker and an Owner. Dogg is not a party to this Agreement. This Agreement governs the relationship between a Walker and an Owner in respect of Services provided by a Walker to an Owner when those Services are booked and paid for through the Platform.
1.3. Walker and Owner agree that the Terms and Conditions of this agreement apply every time Services are provided by the Walker to the Owner.
1.4. Reference in this agreement to Walker means the person providing dog walking Services to an Owner. Reference in this agreement to Owner means the dog owner who is receiving the benefit of those services.
1.5. Dogg may amend these Terms and Conditions at any time. If it does so, Dogg will notify the Walker and the Owner of the change. Continued use of the Dogg website and app (together referred to as the Platform) after such notification will constitute acceptance of the amended Terms and Conditions.
- Definitions and Interpretation
2.1. In these Terms and Conditions, the definitions have the following meanings:
Additional Costs means other expenses incurred by the Walker, which may include, but is not limited to, costs incurred for Optional Extras.
Dangerous Dog means a dog that an authorised council officer or a local court has declared as dangerous because it:
(a) has attacked or killed a person or animal (not being vermin);
(b) has repeatedly threatened to attack or repeatedly chased a person or animal (not including vermin);
(c) is kept or used for hunting (not including a dog used for locating, flushing, pointing or retrieving birds or vermin); or has been declared a dangerous dog under any act or by-lay of the relevant state or Territory for any other reason.
Dogg Guidelines means the set of rules provided by Dogg to all Walkers, specifically in relation to the scope of allowed and prohibited activities allowed with respect to the Walker’s Services.
Insurance Policy means the Public and Product Liability Policy covering Dogg and the Walker when Services are booked and paid for via the Platform. Details of the policy are available here: https://dogg.app/insurance
Dogg means Dogg Technologies Pty Ltd or (ACN: 48 626 315 482).
Law means any Commonwealth, State, Territory or local government legislation in force in Australia.
Optional Extras means any non-compulsory services offered by the Walker. These may include, but are not limited to, items such as feeding the dog, cleaning the dog, performing Services at unsociable hours, or special services requested by the Owner.
Service Fee means the fee payable by the Owner to the Walker through the Platform in return for the Services offered by the Walker and includes any Additional Costs.
Services means the dog walking services which the Walker promotes and provides to the Owner, including any Optional Extras.
2.2. In these Terms and Conditions, unless the context otherwise requires:
(a) words denoting any gender include all genders;
(b) headings are for convenience only and do not affect interpretation;
(c) the singular includes the plural and vice versa;
(d) a reference to a party includes its successors and permitted assigns;
(e) a reference to a person includes a corporation, trust, partnership,
unincorporated body or other entity, whether or not it comprises a separate
legal entity; and
(f) a reference to a statute or other law includes regulations and other
instruments under it and consolidations, amendments, re-enactments or
replacements of any of them.
- Obligations and Mutual Consideration
3.1. The Walker promises to the Owner that the Walker will:
(a) behave in a manner that is consistent with the Dogg Guidelines
(b) provide the Services with reasonable care and in a timely manner and in
accordance with all applicable Laws; and
(c) not hold the Owner responsible for acts of their dog which are beyond the
control of the Owner, acting responsibly and consistent with the Dogg Owner Guidelines.
3.2. The Owner promises to the Walker that the Owner will:
(a) behave in a manner that is consistent with the Dogg Guidelines
(b) comply with all applicable Laws when booking and receiving the Services; and
(c) not hold the Walker responsible for acts of their dog which are beyond the
control of the Walker, acting responsibly and consistent with the Dogg Walker
3.3. All arrangements for the provision of Services by the Walker to the Owner must be undertaken through the Platform.
3.4. Any information provided by the Walker to the Owner or by the Owner to the Walker that is of a private or confidential nature must be kept confidential by the recipient.
4.1. The Walker may decline a booking for the Services if the Owner’s needs change and/or the Walker is not confident they can continue to provide the Services to the Owner.
4.2. The Walker will give as much notice as they can if an event occurs (beyond their control) that prevents them from providing Services in accordance with a booking. If the Walker cancels their confirmed booking, the Platform will recommend another walker to the Owner.
5.1. In return for the Walker providing the Services to the Owner in accordance with these Terms and Conditions, Owner must pay the Service Fee in advance through the payment gateway in the Platform. Dogg, as agent for the Walker, will invoice the Owner the Service Fee.
5.2. Dogg, as agent for the Walker, is authorised to receive the Service Fee paid by the Owner for the Services provided by the Walker to the Owner and to disburse that Fee to the Walker.
4.1 Dogg has acquired certain insurance coverage which is for the benefit of Dogg and also covers, to a limited extent, the Walker. The insurance does not cover the Owner for claims made against the Owner. Details of the insurance policy are available here. https://dogg.app/insurance
4.2The Walker is responsible for assessing whether the insurance policy provided by Dogg satisfies their requirements, or if they want to obtain additional insurance coverage for themselves with respect to loss incurred or claims made against them arising from the Services.
4.3 The Owner is responsible to take out and keep current their own insurance to provide cover in respect of their risk of loss or liability arising from:
(a) damage to property, whether or not caused by the Owner or their dog;
(b) death of or injury to any person, whether or not caused by the Owner or their dog; or
(c) any other risk.
(d) The Walker is responsible to ascertain whether they are required by any law, by-law or regulation to carry insurance coverage (as required within some, but not all, local government jurisdictions).
4.4 The Walker is responsible to comply with legislated insurance requirements (if applicable) and to decide whether the insurance provided by Dogg is adequate or whether they want to obtain additional insurance coverage (which may include public liability and/or professional indemnity insurance) to cover risks arising in the course of performing the Services. As an example, such risks may include the Walker’s liability for a claim by the Owner or by a third party:
(a) arising from the Walker’s negligent act or omission while performing the Services; or
(b) death of, or injury incurred by the Owner's dog arising from the Walker’s negligent act or omission while performing the Services; or
- Dispute Resolution
7.1. If a dispute arises between the Walker and the Owner, the parties agree to follow the Dispute Resolution Policy. https://dogg.app/dispute
8.1. Except as expressly provided to the contrary in this agreement, nothing in this
Agreement shall be construed as giving rise to any relationship between the parties as:
(i) principal and agent
(ii) employer and employee.
8.2. These Terms and Conditions (and any document incorporated by reference herein) record the entire agreement between the Walker and the Owner in relation to the provision of Services by the Walker to the Owner.
8.3. These Terms and Conditions are governed by the laws of the State of New South Wales.