Last updated: April 14th 2016
The website www.borrowmydoggy.com (the "Website") and the associated 'BorrowMyDoggy' mobile application ("App") are operated by BorrowMyDoggy Limited, a company registered in England and Wales under number 8339960 with its registered office at Second Floor, Cardiff House, Tilling Road, London NW2 1LJ ("BorrowMyDoggy", "we", "our" or "us"). Our VAT number is 186 6049 76.
The following definitions, in addition to those set out herein, apply in these Terms and Conditions:
"Content" means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or BorrowMyDoggy, through their use of the Service, including as displayed in their Profile;
"Platform" means the App and the Website, including all Services made available via the App and the Website;
"Profile" means the information held by BorrowMyDoggy about a User of the Platform, such information having been submitted by the User to whom the information relates to;
"Services" means the Basic Services and the Additional Services;
"User" means any person who registers their details for an account with the Platform, including Borrowers and Owners (whether on a free or paid-subscription basis);
1. Acceptance of Terms
1.1 Your access to and use of the Platform is subject to these Terms and Conditions. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the Platform and remove the App from your device.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.
2. The Basic Services
2.1 The Platform provides a meeting place for Users who are dog owners ("Owners") and Users who would like to be borrowers of dogs ("Borrowers"). This is enabled through various services, tools and facilities accessible on the Platform (the "Basic Services"), including:
- creation of an Owner's Profile, with information about their dogs and their likes and dislikes (the dog's, not the Owner's!);
- creation of a Borrower's Profile, with information about themselves, their experience looking after dogs and why they want to have a dog in their life; and
- access to a searchable database of these Profiles.
2.2 There may be variations in the features or interface design accessible through the App. You acknowledge that specific functions may need to be completed on the Website.
2.3 You must be at least 18 years old to register for an account on the Platform and use the Basic Services. By registering for an account, you warrant that you are at least 18 years old.
2.4 If you are an Owner, your dog must be at least 3 months old. By registering for an account, Owners represent and warrant that their dog(s) is/are at least 3 months old.
2.5 Dogs covered under the Dangerous Dogs Act 1991, for example pit bull terrier and Japanese tosa, are not permitted to be registered on the Platform.
2.6 You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.
3. Additional Services for Subscribed Users
3.1 Additional services, tools and facilities are accessible on the Platform only to Users who have paid for membership (the "Subscribed User(s)"), including:
- Communication with, or about, other Users (as further described in clause 3.2);
- Use of the Vet Line (as further described in clause 3.3 and 3.4); and
- Coverage under the BorrowMyDoggy third party liability insurance (as further described in clause 3.6 and 3.6).
3.2 As a Subscribed User, we permit your access to and use of communication tools, such as email, bulletin boards, chat areas, news groups, forums, push notifications and/or other messages or communication facilities which enable Users to communicate with each other, provide feedback on other Users and, in particular, to arrange a preliminary meeting between a Borrower, Owner and dog. See clause '7 Acceptable Use' for details of provisions which apply to your use of such communication services and Content restrictions.
3.3 As a Subscribed User, we permit you to use the 'Vet Line' service. This provides Subscribed Users who are Owners or Borrowers then caring for an Owner's dog free access to third party veterinary professionals, via telephone. A Subscribed User may only use the 'Vet Line' in connection with a dog(s) who is under his/her care in the capacity of an Owner or Borrower at that particular time.
3.5 As a Subscribed User, you will also receive coverage under the BorrowMyDoggy third party liability insurance, subject to the conditions set out in clause 3.6. This insurance product is provided by the insurer Royal & Sun Alliance Insurance plc and is not an obligation of BorrowMyDoggy. Details of the cover provided by this insurance product can be found at https://www.borrowmydoggy.com/insurance-cover which, by registering as a Subscribed User, you are deemed to agree to.
3.6 Eligibility for, and application of, the BorrowMyDoggy third party liability insurance is subject to the following conditions:
- cover under this insurance product is restricted to the period of time the dog is in the care of the Subscribed User;
- this insurance product is only available to a Subscribed User if the Borrower or Owner (as applicable) he/she is partnered with at the time the claim arose, is also a Subscribed User;
- your compliance with these Terms and Conditions, including the prohibition against a Borrower receiving payment from the Owner for dog walking, caring, sitting or other related services; and
- your coverage under this insurance product is subject to the terms, conditions and exclusions of the insurance product in force from time to time.
3.7 You acknowledge that by using the Additional Service you are requesting immediate performance of this contract for Additional Services.
4. Privacy & Cookies
5. User Account, Password & Payment
5.1 When you sign up for an account on the Platform, either as an Owner or a Borrower, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will BorrowMyDoggy be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person's account at any time.
5.2 In addition to signing up for a basic account on the Platform, you may choose to register to become a Subscribed User. As consideration for the Additional Services provided to a Subscribed User, a Subscribed User must pay fees in accordance with the subscription plan selected by him/her (either as a Borrower or an Owner). A Subscribed User may do this either:
- on the Website, in which case the below terms of this clause 5 shall apply to his/her purchase of the Additional Services; or
- on the App, in which case his / her purchase of the Additional Services will be from iTunes SaRL and subject to iTunes terms and conditions available at http://www.apple.com/legal/internet-services/itunes/uk/terms.html (not clauses 5.3 – 5.7). For the avoidance of doubt, a Subscribed User's use of Additional Services purchased on the App will still be subject to these Terms and Conditions. Please note that purchases made via the App will not automatically renew at the end of the subscription period.
5.3 As a Subscribed User who purchases the Additional Services on the Website, you hereby authorise us to bill you via your preferred payment method, details of which you provide to us during the registration process, for the applicable fee in advance on the date of registration and each anniversary thereafter for the duration of your account. The fees: (a) shall be payable in the currency indicated in the subscription plan selected by you; (b) are non-refundable, unless this agreement expressly provides otherwise (including clause '8 Termination' and clause '9 Cancellation, Refunds and '3 Month Money Back Guarantee'); and (c) are inclusive of any applicable sales tax.
5.4 If we are unable to bill you via your preferred payment method within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the Platform and we shall be under no obligation to re-enable the same until such fees have been paid.
5.5 We reserve the right to vary the fees in accordance with these Terms and Conditions. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platform after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).
5.6 BorrowMyDoggy reserves the right to correct any errors or mistakes that it makes in relation to fees even if it has already requested or received payment.
6.1 If you are an Owner, you pledge that you will provide accurate and up-to-date information about you and your dog and that your dog is safe and in good health for borrowing by a Borrower.
6.2 If you are a Borrower, you pledge that you will provide accurate and up-to-date information about you and your experience with dogs and that, when entrusted with a dog, you will use your best efforts to care for the dog, keep the dog on its lead (unless you have written permission from the Owner to let the dog off the lead) and follow any instructions provided by the Owner regarding care of the dog. You also acknowledge that you will be responsible for the safety and well-being of the dog during such time.
6.3 The above pledges are made as between the Owner and the Borrower, and are not guaranteed by BorrowMyDoggy. In no event shall BorrowMyDoggy be responsible or liable to you as a result of the failure of an Owner or Borrower (as applicable) to comply with the above pledges.
7. Acceptable Use
7.1 You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. BorrowMyDoggy will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Platform and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.
7.2 In using the Platform, you agree not to:
- send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; or
- accept or seek payment from another User. In particular, you agree that you will not use the Platform to make financial gains (whether pecuniary or otherwise) when taking care of a dog. Without limiting the foregoing, you also acknowledge that breach of this clause will invalidate BorrowMyDoggy's insurance.
7.3 We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.
8.1 You may terminate your account on the Platform at any time, for any reason, without explanation, by cancelling your subscription for the Additional Services (see clause 9.5 below) and ceasing all use of the Platform, including uninstalling the App.
8.2 BorrowMyDoggy reserves the right to do either of the following without notice and in its sole discretion:
- terminate these Terms and Conditions;
- suspend or terminate your access to all or part of the Platform (including deletion of your account); and/or
- remove your account information or data from the Platform, including Profiles, and any other records,
in the event you commit a material or persistent breach of these Terms and Conditions, the Platform is discontinued, we lose the right to provide you with the Platform or where the provision of the Platform or a particular Service becomes unlawful.
8.3 In the event your account for the Additional Services is terminated by us (excluding termination due to your breach of these Terms and Conditions), you may request a refund for any unused portion of fees that you have paid to BorrowMyDoggy for the Additional Services.
8.4 Following termination of these Terms and Conditions for any reason:
- all rights, licences and permissions granted to you under these Terms and Conditions shall cease;
- you must immediately stop using the Platform (including uninstalling the App) and shall not register for another account unless expressly permitted by BorrowMyDoggy; and
- BorrowMyDoggy reserves the right to notify other Users with whom you have communicated of such termination.
9. Cancellation, Refunds and '3 Month Money Back Guarantee'
Consumers' legal right to cancel within 14 days and receive a refund
9.1 If you are a consumer, you have a legal right to cancel your contract for the Additional Services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Clause 9.2 sets out the procedure you must follow to cancel this contract only where you have purchased the Additional Services on the Website. If you purchased the Additional Services on the App, clause 9.2 does not apply to you; instead, you must direct all cancellation requests to iTunes SaRL. For further information, please refer to iTunes' terms and conditions available at http://www.apple.com/legal/internet-services/itunes/uk/terms.html.
9.2 If you purchased the Additional Services on the Website and wish to exercise your legal right to cancel this contract, you must notify us of your decision by a clear statement (e.g. a letter sent by post or e-mail) within 14 days from the date of registering to become a Subscribed User ("Cancellation Period"). You may use our model cancellation form (found at https://www.borrowmydoggy.com/cancellation-form.pdf), but it is not compulsory. If you cancel your contract for the Additional Services during the Cancellation Period, you will (subject to any deduction permitted under this clause 9.2) receive a refund for all subscription payments made by you to us for the Additional Services without undue delay and not later than 14 days after the date on which we were informed about your decision to cancel this contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We reserve the right to deduct an amount which is in proportion to what has been performed up until the point you communicate cancellation to us, in comparison to the full coverage of the contract. In any event, you will not incur any fees as a result of the reimbursement. Further, advice about your legal right to cancel is available from your local Citizens' Advice Bureau.
BorrowMyDoggy '3 month money-back guarantee' offer
9.3 In addition, and without prejudice, to your legal right of cancellation as set out in clause 9.2, BorrowMyDoggy also offers a '3 month money-back guarantee' which, subject to the conditions in clause 9.4 below, entitles a Subscribed User who has purchased the Additional Services on the Website to a full refund of the subscription fee paid to us. To apply for the refund, you must either send an e-mail via our online contact form or send a letter to BorrowMyDoggy, Cardiff House, Second Floor, Tilling Road, London, UK, NW2 1LJ within three (3) months of the date of registering to become a Subscribed User ("Guarantee Period"). Use of the model cancellation form referred to in clause 9.2 will not be accepted for claims under this guarantee. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us proper notice of claim under this guarantee.
9.4 You will not be entitled to a refund under the '3 month money-back guarantee' detailed in clause 9.3 if any of the following applies:
- you purchased the Additional Services on the App (see clause 9.1 for details);
- you have made an insurance claim using BorrowMyDoggy's third party liability insurance described in clause 3.5 above during the Guarantee Period;
- you have used the 24/7 Vet line described in clause 3.3 above during the Guarantee Period;
- you have exchanged, or given or received, contact details for another User, either via the Platform or subsequent to exchanged messages on the Platform during the Guarantee Period;
- your subscription is a renewed or repeat subscription or, for some other reason, it is not the first time you have subscribed to BorrowMyDoggy (regardless of the email address used for registration purposes); or
- you have violated these Terms and Conditions during the Guarantee Period.
Cancellation at all other times
9.5 Notwithstanding the above provisions of this clause 9.5, you may cancel your subscription for the Additional Services at any time by sending an email via our online contact form or calling us on +44 (0)20 3826 8628. You acknowledge that subscription fees are not refundable. Cancellation will be effective within three working days and your account will be downgraded to enable access to and use of the Basic Services only.
10. Gift Vouchers
If you have sent or received a BorrowMyDoggy Gift Voucher, then please see our related terms which are hereby incorporated into these Terms and Conditions by reference.
11. Links to Third Party Websites
The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that BorrowMyDoggy is not responsible for the content or availability of any such sites.
12. International Use
12.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
12.2 Unfortunately, you may only use the Services if you are resident in a country in which we operate.
13. Intellectual Property Rights
13.1 We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the Platform you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The Platform, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Platform for personal, non-commercial home use only.
13.2 BorrowMyDoggy does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the Platform. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the Platform. This licence shall be terminated when such Content is deleted from the Platform by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes.
13.3 The names BORROWMYDOGGY, WAGGY TALES, WELCOME WOOF, HOUND HACKS, TAKE THE LEAD, DOGGYPEDIA, RECIPAWS, PAWSOME, PAWPRINTS OF HAPPINESS and the Borrow My Doggy logo are trade marks of BorrowMyDoggy.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless BorrowMyDoggy, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
- your use of or inability to use the Platform;
- any Content transmitted by you on the Platform;
- your violation of any terms of these Terms and Conditions or your violation of any rights of a third party; or
- your violation of any applicable laws, rules or regulations when using the Platform.
15. Disclaimers and Limitation of Liability
15.1 The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. BorrowMyDoggy makes no warranty that material on the Platform (including the Content) will be accurate or reliable, that the functionality of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or that the server that makes the Platform available is free of viruses or anything else which may be harmful or destructive.
15.2 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements. You assume full responsibility for results obtained from the use of the Platform, and for conclusions drawn from such use.
15.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the limit specified in clause 15.8, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into these Terms and Conditions.
15.4 If you arrange to meet an Owner or a Borrower through the Platform, the obligations arising in relation to the meeting(s) are directly between you and the Owner or Borrower (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you and the Owner or the Borrower (as applicable) about the meeting(s). As such, and by way of example, in the event of your dog suffering injury, illness or death as a result of any act or omission of any Owner or Borrower (or any other person), you (as an Owner) having any complaint about the quality of the Borrower’s treatment of your dog, or you (as a Borrower) having any complaint about the quality of the Owner’s treatment of their own dog, or you having any other complaint at all about an Owner or Borrower you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.
15.5 We only allow use of the Platform for domestic and private use. You agree not to use the Platform for any commercial, business or re-sale purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of BorrowMyDoggy for: (i) death or personal injury as a result of our negligence; or (ii) fraud or fraudulent misrepresentations by BorrowMyDoggy; or (iii) any other liability which cannot be excluded or limited by law.
15.7 Subject to clause 15.6, BorrowMyDoggy’s maximum aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to either: (a) where you are a Subscribed User, the amount of fees you have paid in the 12 month period preceding the date the claim arose; or (b) where you are not a Subscribed User, £100.
15.8 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
16.1 Severance. If any provision or part provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
16.2 No Assignment. We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing.
16.3 Waiver. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.4 Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
16.5 Online Dispute Resolution. If you are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.