1.1 These Terms and Conditions govern use by Owners of the Dogg website and app (together referred to as Platform). The Platform is available at https://dogg.app/ and/or https://dogg.app/download.
1.2. The Platform is provided by Dogg Technologies Pty Ltd (ACN: 48 626 315 482) (Dogg, we, us and our) to users. These users may be: (a) a person who is willing to walk a dog in return for receiving payment (Walker); or (a) a dog owner who wants a person to walk their dog (Owner, you, and your).
1.3. The Platform enables Owners to find and connect with Walkers.
1.4. To access and use the Platform as an Owner, you need to register as a user and agree to comply with these Terms and Conditions.
1.5. These Terms and Conditions govern use of the Platform by Owners. If you want to have access to the Platform as an Owner please head to https://dogg.app/download.
1.6. When an Owner books a Walker’s services through the Platform, an agreement will come into existence between the Owner and the Walker. That agreement contains Terms and Conditions which are available here https://dogg.app/walking-terms-conditions (Dog Walking Agreement). You must read the Terms and Conditions of the Dog Walking Agreement before you commit to engaging a Walker to perform Services.
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. Dogg Guidelines means the set of rules made available on our website to all Walkers, specifically in relation to the scope of allowed and prohibited activities allowed with respect to the Walker’s Services. Dispute means any dispute which arises out of or relates to the Dog Walking Agreement or this Agreement, including without limitation the entering into, breach, termination or validity of these Terms and Conditions. Dogg Fee means the 20% fee charged by us to a Walker for provision of the Platform. The amount of the Dogg Fee is described in the payments and refunds policy. https://dogg.app/payments-refunds-policy GST means a goods and services tax imposed by or through A New Tax System (Goods and Services Tax) Act 1999. Law means any Commonwealth, State, Territory or local government legislation in force in Australia or any law of a foreign jurisdiction, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation and the common law in Australia. Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything. 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. Services 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 walking the Owner’s dog and Optional Extras which the Walker promotes and provides to the Owner through the Platform.
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) any schedule attached to these Terms and Conditions forms part of it; (e) a reference to a party includes its successors and permitted assigns; (f) 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 (g) 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.
3.1. By registering as an Owner on the Platform: (a) you agree to comply with these Terms and Conditions; and (b) these Terms and Conditions form a binding legal agreement between you and us.
3.2. You will receive the Services from the Walker, who you engage with to provide the Services to you through the Platform. The terms of your agreement with the Walker are set out in the Dog Walking Agreement between you and the Walker.
3.3. We act as agent of the Walker for the limited purpose of: (a) promoting the Walker’s availability to perform Services for an Owner; (b) managing the reservation of the Walker’s Services (booking) through the Platform; and (c) enabling payment by the Owner of the Services Fee through the Platform.
3.4. The Services are provided by the Walker and performance of the Services is the sole responsibility of the Walker. We merely provide the Platform to you and assist the Walker in receiving the Services Fee (which we collect on behalf of the Walker). We are not responsible for and we make no promise to you about the quality of the Services or the Walker or any benefit to be derived from the Services provided to you by the Walker. It is entirely your decision and at your risk as to whether you enter into the Dog Walking Agreement with a Walker. Dogg is not responsible for any actions of the Walker, regardless of whether those acts are within the scope of the Dog Walker Agreement or not.
3.5. The parties agree and acknowledge that the Walker (and not Dogg) is solely responsible to provide Services to the Owner. Nothing in this agreement creates an employment, joint venture, principal and agent, or partnership relationship between Dogg and the Owner or between the Walker and the Owner.
4.1. The responsibilities in this clause apply when you are booking and receiving the Services from a Walker, unless otherwise stated.
4.2. You must behave in a manner that is consistent with the Dogg Owner Guidelines. https://dogg.app/owner-guidelines. The Dogg Owner Guidelines provide essential advice and information to ensure that Walkers, Owners and the dogs have an optimal experience. Some examples from the Dogg Owner Guidelines: (a) we strongly recommend that you should meet with the Walker face to face before receiving their Services on the first occasion;
4.4. We reserve the right to terminate or suspend your registration on the Platform if you fail to comply with our policies and procedures and/or Owner’s Guidebook or for any reason whatsoever in our absolute and unfettered discretion.
4.5. You must: (a) comply with all applicable Laws when using the Platform and receiving the Services; (b) bear all costs and expenses related to your use of the Platform including payment of the Services Fee.
4.6. Optional Extras (which may incur Additional Costs) may be agreed with a Walker, at the time of booking. If the Owner incurs Additional Costs, these will be added to the Services Fee and it is the Owner’s responsibility to pay for those at the time of the booking.]
4.7. You may impose time and location requirements on a Walker with respect to the Services provided that those requirements are made known to the Walker before the Owner’s booking is confirmed. Owners must comply with the Dogg Guidelines.
4.8. You grant to us a royalty-free, non-exclusive licence to use your name together with your image (if you elect to provide that to us) and other information in your profile (if you elect to provide that to us) on the Platform for the purpose of: (a) promoting your availability to receive Services on the Platform; and (b) promoting and marketing the Platform (provided that this licence in subsection (b) is subject to obtaining your prior written approval).
This licence will automatically terminate when you cease being an Owner (i.e. close your account and cease to be registered on the Platform). You indemnify us against any claim or loss arising from infringement or alleged infringement of the intellectual property rights of any third party which arises in connection with the materials provided by you to us including your image and other information in your profile.
4.9. You must provide to us, at your expense and on our request, the following: (a) your true and correct name, and your email address; (b) the address where your dog can be collected by the Walker in order to perform the Services; (c) your valid credit card information; (d) evidence (if requested by us) that you have authority from your organisation to register on the Platform.
4.10. You warrant that all information so provided and any information provided when you register as an Owner or otherwise during the Term of this Agreement and/or posted by you to the Platform is true, accurate and complete.
4.11. You must not, in relation to your use of the Platform: (a) impersonate others; (b) misrepresent your affiliation with others; (c) share your log in details and passwords to any other person; (d) interrupt or attempt to negatively impact or alter the operation of the Platform in any way; (e) engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or us; (f) denigrate or defame Dogg, another registrant on the platform (including another dog owner or a Walker); (g) use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory. (h) reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform; (i) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party; (j) except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or (k) engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
4.12. We reserve the right, at all times, to refuse registration of an Owner on the Platform where we form the view, acting reasonably, that the Owner is not suitable for the Platform.
4.13. The Owner acknowledges and agrees that Dogg will share the Owner’s name, email address and phone number with the Walker, in respect of the booking of Services, to enable the Walker to provide the Services to the Owner.
4.15. If a dispute arises between you (Owner) and a Walker, you must follow the Dispute Resolution Policy. https://dogg.app/dispute You must read this policy because you will be bound by it when you accept these Terms and Conditions and also when you enter into the Dog Walking Agreement between you and the Walker.
5.1. We will provide you with access to the Platform and the functionality which is enabled by the Platform.
5.2. We will advise you when a booking is confirmed [when the Owner receives a confirmation email/push notification that the booking has been confirmed by the Walker].
5.3. We may, at any time, enhance and/or alter the features and functionality of the Platform at our sole discretion and without notice to you.
5.4. We will engage a reputable third-party online payment facilitator to enable an Owner to pay for the Services. We will subtract the Dogg Fee from the Services Fee and remit the balance to the Walker when the Walker commences performance of the Services.
5.5. If you cancel the Services 24 hours or more before the booked time for the commencement of the Services then you will not be charged the Services Fee.
5.6. If you cancel the Services less than 24 hours but more than 1 hour before the booked time for the commencement of the Services then: (a) You will be charged a Cancellation Fee of 50% of the booking value, inclusive of our service fee. (b) we may, in our discretion, waive the Cancellation Fee. The Cancellation Fee is described in the Payments and Refunds Policy. https://dogg.app/payments-refunds-policy
5.7. If you cancel the Services less then 1 hour before the booked time for the commencement of Services then: (a) You will be charged a Cancellation Fee of 100% of the booking value, inclusive of our service fee. (b) we may, in our discretion, waive the Cancellation Fee. The Cancellation Fee is described in the Payments and Refunds Policy. https://dogg.app/payments-refunds-policy
6.1. Dogg is not required to, and therefore does not provide insurance coverage for a Walker or an Owner with respect to loss incurred or claims made against a Walker or an Owner arising from the Services.
6.2. The Owner is solely responsible to take out and keep current their own insurance to cover 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.
6.3. The Owner is responsible for making true, accurate and complete disclosure to its insurer in relation to obtaining insurance.
6.4. The Owner is responsible to pay any excess/deductible under the insurances it effects.
Payment and Fees
7.1. The Walker is responsible for setting the amount of the Services Fee which is charged by the Walker for the Services provided by that Walker to an Owner.
7.2. We do not charge the Owner for providing the Platform and processing the booking of the Services through the Platform.
7.3. The payment that the Walker will receive from us in relation to the performance of the Services will be the Services Fee less the Dogg Fee.
7.4. The Services Fee will be charged to your credit card at the time that has been booked for commencement of the Services. You may be charged a Cancellation Fee if you cancel Services less than 24 hours before the time that has been booked for commencement of the Services.
7.5. We will invoice the Owner for the Services Fee acting as the agent of the Walker.
7.6. The invoice will contain sufficient information to enable you and the Walker to identify the specific Services and the associated Services Fees (including Additional Costs and Optional Extras). We will keep and maintain records of the Services and the associated Services Fees from your use of the Platform.
7.7. All of the Service Fees are stated on a GST inclusive basis and we will deduct and collect GST as required with applicable laws.
Limitation of Liability
8.1. We are not responsible for any communication, interaction or relationship between you and any other user of the Platform, (including a Walker) whether or not it occurs on the Platform or by another means. The relationship between you and the Walker is governed by the Dog Walking Agreement.
8.2. Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to these Terms and Conditions to the extent required by Law.
8.3. Subject to clause 8.2, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform: (a) whether arising as a result of breach of contract, in tort (including negligence) or under statute; and (b) whether or not arising pursuant to an indemnity in these Terms and Conditions, is limited to us providing you with access to the Platform again.
8.4. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement or otherwise in connection with the provision of the Platform.
8.5. For the purposes of clause 8.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.
9.1. The Owner agrees to indemnify, defend and hold us (and each of our officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of: (a) the death or illness of, or personal injury to, any individual (including a Walker) in connection with your use of the Platform; or (b) the loss or destruction of, or damage to, any tangible property of the Walker or any person in connection with your use of the Platform, (c) loss or damage of any kind caused by the Owner’s dog during the course of the Services, except to the extent such Loss arises from our wilful misconduct.
10.1. Any Confidential Information disclosed by one party to the other party (the Recipient) must be kept confidential by the Recipient.
Termination and Suspension
11.1 The Owner may terminate their account on the Platform at any time by following the process in the Platform to delete their account or by contacting Dogg directly at [email protected] If the Owner has Services booked at the time it gives notice of termination, we will close the Owner’s account after the date of the last booking by the Owner.
11.2. We may terminate or suspend your account at any time by giving written notice to you.
11.3. If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure and will refund monies we are holding for bookings and will have no other liability to: (a) a Walker for a booking that may have been received but does not result in performing the Services as a result of the Closure; or (b) an Owner who does not receive the Services they have booked as a result of the Closure.
Feedback and Complaints
12.1 If you wish to make any comments about the Platform or your experience as an Owner, we encourage you to provide us feedback by contacting us by either: (a) email at [email protected] or (b) telephone on 02 9170 7838.
12.2 We have established an Incident Reporting Policy and Complaints Policy to enable you to report and incident and/or make a complaint. That policy describes the process to manage your complaint and find a resolution. We are continuously trying to improve our procedures to provide a better Platform.
Updates to these Terms and Conditions
13.1 We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.
13.2. If you access the Platform following any amendment to these Terms and Conditions you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions, you can choose to close your account with us.
14.1. Notices given under these Terms and Conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform.
14.2. A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.
15.1 You grant to us a royalty-free, fully paid up, worldwide, non-exclusive perpetual licence to use and incorporate into the Platform and/or into our business any general suggestions, enhancement requests, recommendations or other feedback provided by the you.
15.2. We reserve the right to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended and that users are complying with these Terms and Conditions.
15.3. These Terms and Conditions (and any document incorporated by reference in it) records the entire agreement between the parties in relation to its subject matter.
15.4. Each party must (at its own expense) do all things reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party and expressed in these Terms and Conditions.
15.5. The rights and obligations in clauses 8, 9, and 10 will survive the termination or expiry of these Terms and Conditions.
15.6. All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
15.7. These Terms and Conditions are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these Terms and Conditions.