1.1. These Terms and Conditions which govern use by Walkers 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, you, and your); or (b) A dog owner who wants a person to walk their dog (Owner).
1.3. To access and use the Platform as a Walker, you need to register as a user and agree to comply with these Terms and Conditions. These Terms and Conditions govern use of the Platform by Walkers. If you want to have access to the Platform as an Owner of a dog (who seeks a dog walker) please head to https://dogg.app/download.
1.4. 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-agreement (Dog Walking Agreement). You must read the Terms and Conditions of the Dog Walking Agreement before you commit to performing Services for an Owner.
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 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, termi or validity of these Terms and Conditions. Dogg Fee means the fee of 20% of transaction total, charged by us to a Walker for provision of the Platform. 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 a Walker on the Platform: (a) you agree to comply with these Terms and Conditions; and (a) these Terms and Conditions form a binding legal agreement between you and us. (a) You agree with us that you will provide your Services to each Owner who engages you to provide the Services through the Platform. The terms of your agreement with the Owner are set out in the Dog Walking Agreement between you and the Owner.
3.2. You appoint us to act as your agent for the limited purpose of: promoting your availability to perform Services for an Owner; managing the reservation of your Services (booking) through the Platform; and enabling payment by the Owner of the Services Fee through the Platform.
This appointment commences on the date you register as a Walker on the Platform and ends when this agreement is terminated in accordance with clause 11.
3.3. We agree to act as your agent provided that you comply with your obligations under this agreement.
3.4. 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 (with the limited exception of clause 2.3) or partnership relationship between Dogg and the Walker or between the Walker and the Owner.
3.5. Any fine, penalty, cost or fee which may be incurred by you in the course of performing the Services is your exclusive responsibility and you indemnify Dogg against any claim made against Dogg in respect of such a fine, penalty, cost or fee.
4.1. The responsibilities in this clause apply when you are providing your Services to the Owner, unless otherwise stated. 4.2. You must comply with and at all times behave in a manner that is consistent with our Dogg Guidelines. https://dogg.app/walker-guidelines. The Dogg Guidelines provide essential advice and information to ensure that Walkers, Owners and the dogs have an optimal experience. Some examples from the Dogg Guidelines: (a) We strongly recommend that you should meet with the Owner face to face before performing Services on the first occasion; (b) We strongly recommend that you do not allow the dog off leash when you perform the Services.
4.3. You must behave at all times in a way that does not result in any damage to our reputation.
4.5. We reserve the right to immediately and without prior notice terminate or suspend your registration on the Platform if you fail to comply with our policies and procedures and/or Dogg Guidelines or for any reason whatsoever in our absolute and unfettered discretion.
4.6. You must: (a) comply with all applicable Laws when using the Platform and providing the Services (including, where applicable, laws relating to mandatory insurance coverage); (a) bear all costs and expenses related to your use of the Platform and your provision of Services to an Owner.
4.7. You may charge the Additional Costs for Optional Extras in respect of your Services, to the Owner. The Services Fee is received from the Owner through the Platform and, after we deduct our Dogg Fee, the balance will be remitted to you by Dogg.
4.8. You may impose time and location requirements on an Owner with respect to your Services provided that those requirements are made known to the Owner before the Owner’s booking is confirmed.
4.9 You grant to us a royalty-free, non-exclusive licence to use your name together with your image and other information in your profile on the Platform for the purpose of: (a) promoting your availability to perform 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 a Walker (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.
4.10. During the Term of this Agreement and for a period of 12 months following when you cease being a Walker you must not without our prior written consent: (a) solicit, canvass, approach or accept an approach from an Owner with the intention to obtain their custom outside the Platform; (b) interfere with the relationship between us and an Owner, or any of our customers, employees or suppliers; or (c) actively solicit or encourage an Owner or another third party to engage in dog walking services off the Platform.
4.11. You must provide to us, promptly on our request, the following: (a) your bank account details; (b) your Australian Business Number (ABN); (c) evidence to prove your identity, your address, that you are over the age of 18 and any other information reasonably requested by us which is relevant to your ability to perform the Services;
4.12. You warrant that all information provided to us when you register as a Walker or otherwise during the Term of this Agreement and/or posted by you to the Platform is true, accurate and complete.
4.13. You must not, in relation to your use of the Platform: (a) impersonate others; (b) misrepresent your affiliation with others; (c) offer to perform Services that you are not authorised to offer or which you are not reasonably capable of performing; (d) share your login details and passwords to any other person; (e) interrupt or attempt to negatively impact or alter the operation of the Platform in any way; (f) engage in any practice which may adversely affect the credibility or reputation of Dogg or the Platform; (g) denigrate or defame Dogg, another registrant on the platform (including another walker or an Owner); (h) violate applicable laws (including laws of defamation), violate the intellectual property rights or other rights of Dogg or others, or engage in activity that is fraudulent, obscene, unprofessional, offensive, or misleading. (i) 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; (j) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party; (k) 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, (including images and text), software, or materials made available through the Platform; or (l) engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
4.14. We reserve the right, at all times, to refuse or terminate your registration on the Platform where we form the view, acting reasonably, that the Walker is not a suitable candidate to be a Walker or perform Services. You consent to Dogg making enquiries if you supply the contact details of personal referees to us. We will only ever enquire about your suitability to be a Walker.
4.15. The Walker consent and agrees that Dogg will share the Walker’s name, email address and phone number with the Owner, in respect of the booking of Services, to enable the Walker to provide the Services to the Owner.
4.17If a dispute arises between you (Walker) and an Owner, you must follow the Dispute Resolution Policy. https://dogg.app/dispute. You must read the Dispute Resolution 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 Owner.
5.1. We will provide you with access to the Platform and the functionality which is enabled by the Platform. Our agency does not extend beyond the scope described in clause 3.3.
5.2. We will advise you when a booking is confirmed through notifications and adding them to the in-application calendar.
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. Provided that you perform the Services, we will subtract the Dogg Fee from the Services Fee and remit the balance to you in accordance with our standard payment terms described in the Payments and Refunds Policy. https://dogg.app/payments-refunds
6.1. In some local government jurisdictions laws, by-laws and regulations may require professional dog walkers to carry insurance coverage. Dogg is not required to, and therefore does not provide insurance coverage for a Walker with respect to claims made against a Walker arising from any loss or damage incurred by the Walker or the Owner in the course of performing the Services. Non-compliance with local government laws, by-laws and regulations by a Walker may incur fines or penalties and these are the sole responsibility of the Walker.
6.2. You, the Walker, are solely responsible to comply with legislated insurance requirements (if applicable) and to obtain insurance coverage (which may include public liability and/or professional indemnity insurance) to cover risks arising in the course of you performing the Services. As an example, such risks may include your liability for a claim by the Owner or by a third party: (a) arising from your negligent act or omission while you are performing the Services; or (b) injury incurred to the Owner's dog arising from your negligent act or omission while you are performing the Services; or (c) death of the Owner’s dog arising from your negligent act or omission while you are performing the Services.
Payment and Fees
7.1. You are responsible for setting the amount of the Service Fees which are charged by you for the Services provided by you to an Owner. We will advise the Owner of your Service Fee when they make a booking on the Platform.
7.2. We will invoice the Owner for the Services Fee on your behalf. We will do this as your agent by issuing a tax invoice to the Owner. The invoice will contain sufficient information to enable you and the Owner to identify the specific Services and the associated Services Fees (including Additional Costs and Optional Extras).
7.3. The Services Fee will become payable by the Owner when you commence providing the Services to the Owner.
7.4. Following receipt of Service Fees and completion of the Services, we will, pay to you the balance of the Service Fees after deducting the Dogg Fee.
7.5. We reserve the right to vary the Dogg Fee at any time but will give you not less than 30 days’ notice of any change.
7.6. We will keep and maintain records of the revenue generated from bookings of the Services through the Platform.
7.7. All of the Fees are stated on a GST inclusive basis. We will charge and collect GST where we are required to do so according to 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 an Owner) whether or not it occurs on the Platform or by another means. The relationship between you and the Owner 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 Walker 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 or any dog in connection with your use of the Platform and the Services rendered by you; and (b) the loss or destruction of, or damage to, any tangible property in connection with your use of the Platform and the Services rendered by you, 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. You may terminate your account on the Platform at any time by following the account termination process in the Platform. If Services have already been booked by an Owner at the time you give notice of termination, we will not close your account until after you have completed performance of the Services or after the Owner accepts and acknowledges that the Services have been cancelled.
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 a Walker, 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 an 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 change 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 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 herein by reference) record the entire agreement between you and us 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. 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.