Zeewoi Terms of Service

Last updated: 11th March 2024

Welcome to zeewoi. We place our members at the heart of everything we do and are committed to ensuring you have the best possible experience when using our  Services .

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. 

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSE 16 and 17.

By registering to become a  Member , you agree to comply with and be bound by these Terms of Service (as they may be amended from time to time). If you do not accept any of these Terms of Service, you should not become a Member or use our Platform.  Please also read our Acceptable Use Policy and our Privacy Policy which also apply to your use of our Platform and your membership.

Please use the Glossary to understand the meaning of some of the terms used in bold in these Terms of Service. Other terms are defined throughout these Terms of Service. 

If you have any questions about anything in these Terms of Service, please get in touch with our Membership Services Team  .

1. OVERVIEW OF OUR ROLE AND HOW THE SERVICES WORK

1.1. When we talk about “zeewoi”,  "we" ,  "our"  or  "us"  in these Terms of Service, we are referring to zeewoi Ltd.

1.2. Pet Parents  and  Sitters  are together referred to as  "Members"  or individually as  "you" .

1.3. We operate the website and/or mobile application at  www.zeewoi.com  ( "Platform" ). 

1.4. We provide an introduction service and provide the Platform for Members to find and connect with each other. We are not involved directly in discussions between Members or the arrangement or performance of any Sit and are not a party to any agreements you may make with other Members.  

1.5. In consideration of  Members  paying a membership fee and complying with the requirements of these Terms of Service, we will provide the following services (“ Services ”):

1.5.1 Hosting and maintaining the Platform to enable  Pet Parents  to make their property available to  Sitters ; and/or

1.5.2 Hosting and maintaining the Platform to enable Sitters  to offer to care for a  Pet Parent's  property and/or pet(s); and

1.5.3 our other services as set out in section 3; and

1.5.4 making the content on the  Platform available to Members .

1.6. We will provide the  Services  to you for the period specified in your membership plan (usually 3 or 12 months).

2. SEPARATE AGREEMENT BETWEEN MEMBERS

2.1. When you arrange a  Sit  via our  Platform , you are entering into an agreement between yourself and a  Pet Parent  or  Sitter  (as applicable). It is entirely your responsibility to ensure that the requirements of the  Home Listing/Sitter Profile  are in line with your expectations and experience. We do provide guidance on how best to arrange a  Sit , however this is provided for information purposes only and any arrangements you come to are part of the separate agreement between you and the  Pet Parent  or  Sitter  (as applicable). You agree that the requirements of Pet Parents and Sitters set out in clauses 5.2 and 5.3 of these Terms of Service form part of the separate agreement between you and the Pet Parent  or  Sitter  (as applicable). 

2.2. We are not party to any agreement, contractual or otherwise, between a  Pet Parent  and a  Sitter .

2.3. You should use your best judgement before arranging a  Sit/Sitter , or otherwise interacting with other  Members  via the  Platform . You are solely responsible for making decisions that are in your best interests, including in relation to properties and pet(s) and vetting any potential Pet Parent/Sitter.

3. THE SERVICES WE PROVIDE FOR MEMBERS

In addition to the services described in clause 1.5 above, we provide the other services set out in this clause to Pet Parents and Sitters .

3.1. The services we provide for  Pet Parents  are:

3.1.1. the ability to create an  Home Listing  including creating a comprehensive  Welcome Guide ;

3.1.2. the ability to search for  Sitters  via the  Platform ;

3.1.3. the ability to communicate with a  Sitter  via the messaging service on the  Platform ;

3.1.4. the ability to choose and confirm a  Sitter  via the  Platform ;

3.1.5. the ability to leave a  Review  for a  Sitter  who has completed a  Sit ;

3.1.6. Membership Service Support ;

3.1.7. a  Vet Advice Helpline  which is available 24/7

3.1.8. a  Home and Contents Plan  provided at our sole discretion in cases where a Pet Parent has suffered loss from property damage or theft, subject to these  terms and conditions .

3.1.9. a  Sit Cancellation Plan  provided at our sole discretion to premium tier Pet Parent members, where sitters have cancelled at short notice, subject to these  terms and conditions .

3.2. The services we provide for  Sitters  are:

3.2.1. the ability to create a  Sitter Profile  including listing your availability to  Sit ;

3.2.2. the ability to search for  Sits  by looking at available  Home Listings ;

3.2.3. the ability to obtain a  Trust and Verification Badge  as a result of a Verification Check ;

3.2.4. the ability for all sitters who reside in the USA to obtain a  Background Badge  as a result of a third party agency (Evident ID, Inc.) performing, a criminal background check (" Criminal Background Check ") subject to our  Criminal Background Check policy ;

3.2.5. the ability to communicate with  Pet Parents  via the  Platform's  messaging service;

3.2.6. the ability to leave a  Review  for an Pet Parent after you have completed a  Sit  for them;

3.2.7. Membership Service Support ; 

3.2.8. a  Vet Advice Helpline  which is available 24/7;

3.2.9. a  Sit Cancellation Plan  provided at our sole discretion to premium tier Sitter Members , where pet parents have cancelled at short notice, subject to these  terms and conditions ; and

3.2.10. an  Accident and 3rd Party Liability Plan  provided at our sole discretion to standard and premium tier Sitter members, where sitter members have suffered damage or injury caused by a pet while housesitting, subject to these  terms and conditions

4. THE SERVICES WE DO NOT PROVIDE TO MEMBERS

4.1. We do not provide the following or any guarantees or assurances for any of the following:

4.1.1. the safety of an  Pet Parent’s  home and/or pet(s);

4.1.2. confirmation of arrangements including dates of  Sit ;

4.1.3. whether the  Sit  will go ahead as arranged;

4.1.4. that your  Home Listing  or  Sitter Profile  will be approved by us; 

4.1.5. that you will be matched with another  Member  to commence a  Sit .

4.2. We do not provide any if the following:

4.2.1. arranging a Sit ;

4.2.2. house sitting and/or pet care services; the  Platform  is available for  Members  to search, connect and communicate with each other;

4.2.3. Criminal Background Checks  or Verification Checks on Sitters – we direct Sitters to a third-party to carry out a Verification Check  and  Criminal Background Check  themselves, which is a requirement of becoming a Member ;

4.2.4. validation of Criminal Background Checks or Verification Checks on;

4.2.5. employment of any  Sitters ;

4.2.6. checking the validity of  Sitter References ;

4.2.7. endorsement of the quality or performance of  Sitters ;

4.2.8. endorsement of or checking the accuracy of the  Pet Parent’s Home Listing ;

4.2.9. endorsement of any  Reviews  provided by  Members ;

4.2.10 insurance policies – the plans referred to in clause 3 above are not insurance policies and are not intended to take the place of any insurance obtained or obtainable by you (see clause 5). We are not authorised or regulated as an insurance provider and are unable to provide or arrange insurance of any kind.

5. REQUIREMENTS OF PET PARENTS AND SITTERS

5.1. The following applies to all  Members . You will:

5.1.1. be an individual who is at least 21 years old;

5.1.2. pay the membership fees on time;

5.1.3. comply at all times in full with these Terms of Service;

5.1.4. comply with the  Member Code of Conduct  ;

5.1.5. comply with the  Acceptable Use Policy  ;

5.1.6. register for an account on the Platform and provide accurate information about yourself (including name and email address) which you will keep up to date. Our collection and use of your personal information is described in our  Privacy Policy .; 

5.1.7. keep your login and password details confidential and prevent any unauthorised access to, or use of, the  Services  via your  Account ;

5.1.8. promptly notify us of any unauthorised use of your  Account ;

5.1.9. not create a fake identity or impersonate anyone else;

5.1.10. not create an  Account  in breach of any of our policies listed in this sub-paragraph 5.1, and the Privacy Policy ;

5.1.11. only upload images of a certain format, size and resolution in accordance with our specifications (that will be notified to you at the time);

5.1.12. only use the  Services  for domestic and private use, and will not use the  Services  in connection with any business or other organisation or for any commercial purpose whatsoever;

5.1.13. respond to communications from other  Members  in a timely manner, but in any event, within 72 hours;

5.1.14. complete a pre sit  Handover  and a post sit  Handover ;

5.1.15. only cancel a  Sit  (or complete a  Sit  early) if there are extraordinary circumstances and you will immediately notify the Pet Parent  or  Sitter  (as applicable) of this. 

5.1.16. not access or use all or any part of the  Platform  or  Services   to build a product or service which competes with the  Services or the  Platform ; nor use the Platform or Services to make similar arrangements with third parties who are not Members outside of the Platform ;

5.1.17. not attempt to copy (in any way possible), modify, transmit or distribute all or any portion of the  Platform  (including any software) in any form or media or by any means; 

5.1.18. provide us with  Safety Contact Information  so that you can be contacted about your zeewoi  Account  in the event of an emergency; and

5.1.19. not be residing in a jurisdiction which our financial service provider has deemed high risk, such as Cuba, Iran, North Korea, Crimea region, and Syria.

5.2. The following applies only to  Pet Parents . You will:

5.2.1 be responsible for vaccinating your own pet(s) and notify your  Sitter  should your pet(s) have any illnesses or ailments;

5.2.2. ensure you have adequate provisions in place for veterinary care of your pet (such as pet insurance); and you hereby authorise the  Sitter  to obtain veterinary care for your pet(s) during a  Sit  if you cannot be reached;

5.2.3. remain responsible at all times for any veterinary treatment that your pet(s) may require, including all costs and expenses incurred by the  Sitter  in relation to the same; and you will reimburse the  Sitter  for any such costs within 14 days of completion of a Sit;

5.2.4. ensure that no pets to be left under the care of a  Sitter  have ever caused a person or animal any physical harm (no matter how minor the injury);

5.2.5. notify a  Sitter  of any special requirements or behaviours relating to your pet(s) in your  Home Listing  and when you communicate with any  Sitter  and during the  Handover ;

5.2.6. evaluate the suitability of  Sitters  for yourself via direct communication with the  Sitter  where appropriate;

5.2.7. ensure that the details of your  Home Listing  are accurate and up to date;

5.2.8. ensure that the details in your  Welcome Guide  are accurate and up to date in advance of the start of the  Sit ;

5.2.9. only provide  Member Content  that accurately reflects the quality and condition of your home and or pet(s);

5.2.10. ensure that you have adequate home insurance and that this insurance also covers you for the occupancy of a  Sitter  in your home (you may need to check this with your insurance provider);

5.2.11. not have any inherently dangerous pets (such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators), banned dog breeds, or any animal with a history of attacks on pets or people;

5.2.12. not have any pets which aren’t explicitly listed in the details of the  Home Listing ;

5.2.13. ensure your home is vacated for a  Sitter  throughout the duration of the  Sit , and that no third parties will interfere with the  Sitter’s  enjoyment of your property;

5.2.14. ensure that all  Sits  will be completed within your current membership term (unless we have given you written permission otherwise, however please be aware that this could involve additional costs); and

5.2.15. follow our  Camera and Recording Devices Policy . This includes having no internal recording or monitoring devices enabled during a Sit.

5.2.16. give sitters prior notice of any weapon that will be present in your premises during a sit. All weapons that are present at your premises must be properly stored and secured and where possible, out of sight. All weapons present in a listing must be secured regardless of whether they’ve been disclosed.

5.3. The following applies only to  Sitters.  You will:

5.3.1. not require or demand any form of payment for carrying out a Sit ;

5.3.2. abide by all of the  Pet Parents  requests or instructions that are stipulated in their  HomeListing ,  Welcome Guide  and  Handover ;

5.3.3. contact the  Pet Parent  if the pet(s) requires veterinary care;

5.3.4. get approval to take the pet(s) to the vet for treatment and get the  Pet Parent’s  agreement to pay for any costs incurred. If you can’t reach the  Pet Parent  and the pet’s health is at risk, you will contact the vet specified in the  Welcome Guide  and or use the  Vet Advice Helpline  provided and seek treatment ASAP;

5.3.5. pay any veterinary expenses up front and request the  Pet Parent  to reimburse you for all costs incurred;

5.3.6. immediately contact the  Pet Parent  in the event of any damage to property and get their approval for repair. If, in the event of an emergency, you are unable to contact the  Pet Parent , you will pay for the repair of any damage caused, and request the  Pet Parent  reimburse you for all costs incurred (provided you have not caused the damage yourself);

5.3.7. not leave any  Sit  early under any circumstances, especially where this results in any pet(s) being left unattended, without first informing the  Pet Parent  and giving them reasonable time to arrange alternative pet care. If you do, you will instantly receive a lifetime ban from the  Platform with no refund of membership fees paid;

5.3.8. before arranging a  Sit , have suitable insurance in place that will cover you for any travel and medical expenses;

5.3.9. only upload  Member Content  that accurately reflects your house and pet sitting experience;

5.3.10. not allow any other person(s) to participate in the sit unless they have been approved in writing by the  Pet Parent ;

5.3.11. ensure that all  Sits  will be completed within your current membership term (unless we have given you written permission otherwise, however please be aware that this could involve additional costs); 

5.3.12. ensure that pets will remain at the  Pet Parent’s  property overnight, and will not be taken away from the house without prior approval from the  Pet Parent ; and

5.3.13. provide notice of and obtain consent from a Pet Parent for any secured weapons that you intend to be on your person or in your possession while attending a housesit, prior to booking.

6. CONSEQUENCES OF NOT COMPLYING WITH REQUIREMENTS FOR MEMBERS

6.1. If a Member does not comply with the Requirements of Pet Parents and Sitters (set out in clause 5) the following shall apply. We may:

6.1.1. issue you with a warning;

6.1.2. suspend your  Account  so you will not be able to access the  Services  during the suspension term;

6.1.3. permanently block your access to the  Services ;

6.1.4. immediately terminate your membership and delete your  Home Listing  and/or remove your  Sitter Profile ;

6.1.5. report any offences committed to the appropriate authority;

6.2. The application of these sanctions is entirely at our discretion and we can choose whether to apply any one or all of them at any time.

7. MEMBERSHIP FEES AND MEMBERSHIP TYPES

7.1. You will pay the  Sitter Membership Fee  and/or the  Pet Parent Membership Fee  in order to access the  Services . All membership fees are as stated on the Platform and you may choose ‘Basic’, ‘Standard’ or ‘Premium’ membership. 

7.2. Your membership is annual (unless you have chosen the 3-month Pet Parent plan) and you may choose to pay annually or monthly. You will pay the initial  Sitter Membership Fee  and/or the  Pet Parent Membership Fee  in the secure payment section of the  Platform . Your membership will be automatically activated on that date ( “Activation Date” ). 

7.3. If you have a ‘Pet Parent Annual’ or a ‘Sitter Annual’ membership then you may choose to upgrade your membership plan at anytime during the term of your membership to become a “ Combined Member ” which allows you to be both a Sitter and Pet Parent Member. “”The option to upgrade to a  Combined Member  is applicable to annual membership types only.

7.4. All amounts and fees stated or referred to in these Terms of Service shall be payable in the currency available and selected by the  Member on the Platform .

7.5. At the end of your current membership term we will automatically take the payment of the  Sitter Membership Fee  and/or the  Pet Parent Membership Fee  unless you notify us that you want to cancel ( “Auto-Renewal” ), for which see clause 8. 

7.6. It is up to you to keep your details registered with us (e.g. billing information, payment card details and email address) accurate and up to date in order for us to take a payment for  Auto-Renewal .

7.7. We may increase the price of any of our  Services  at any time and where we do so, we will email you. We will aim to give you at least 30 days’ notice of any such price increase.

7.8. Please note that all payments made under these Terms of Service are processed by a third party (Stripe, Inc.), however, we are committed to protecting your personal data and so it will be handled in accordance with our  Privacy Policy .

8. CANCELLATION OF YOUR AUTO-RENEWAL

8.1. If you do not wish to Auto-Renew  at the end of your membership term you must cancel your membership via the ‘Membership’ section of your settings in your  Account . Alternatively you may cancel your  Auto-Renewal  by notifying us by email  [email protected] . You must cancel your Auto-Renewal at least 7 days before the date of your  Auto-Renewal  payment. You are solely responsible for timely cancellation.

8.2. We will send you an email at least 30 days prior to your  Auto-Renewal .

9. COOLING OFF PERIOD

9.1. We will refund the  Sitter Membership Fee  and/or the  Pet Parent Membership Fee  if you notify us within 14 days of the  Activation Date  that you wish to cancel your membership. However, you cannot cancel within this 14 day period if you have either applied for a  Sit  or have published live dates on your  Home Listing during that time.

9.2. We will refund the  Sitter Membership Fee  and/or the  Per Parent Membership Fee  if you notify us within 14 days of the  Auto-Renewal  date that you do not wish to Auto-Renew . However, you cannot cancel within this 14 day period if you have either applied for a sit or have published live dates on your  Home Listing during that time, or have a  Sit  that exceeds your current membership that is not confirmed by us.

10. TERM AND TERMINATION

10.1. The following applies to  Pet Parents  only:

10.1.1. If you choose the ‘Pet Parent Annual’ membership option your membership is for a fixed period of 12 months and will automatically renew for further fixed periods of 12 months until you cancel it in accordance with 8.1.

10.1.2. If you choose the ‘Pet Parent 3 months’ membership option your membership is for a fixed period of 3 months and will automatically renew for further fixed periods of 3 months until you cancel it in accordance with 8.1.

10.2. The following applies to  Sitters  only:

10.2.1. If you choose the ‘Sitter Annual’ membership option your membership is for a fixed period of 12 months and will automatically renew for further fixed periods of 12 months until you cancel it in accordance with 8.1.

10.3. The following applies to all members:

10.3.1. If we terminate your membership in accordance with clause 6, you will not be entitled to a refund of any kind.

10.3.2. Pursuant to clause 6, we reserve the right to suspend or terminate your access to the  Platform  and/or  Services  at our sole discretion. If your access to the  Platform  and/or  Services  is suspended then you will remain listed in the  Member  database but will not be listed on the  Platform  until we notify you in writing that your suspension has ended, following which we will re-list you on the Platform .

10.3.3. If your  Criminal Background Check  is returned as ‘failed’ and the appeals process has been exhausted, we reserve the right to permanently suspend your access to the  Platform  and/or  Services .

10.3.4. Whether or not we choose to terminate your membership will not have an affect on any other rights or remedies which you or we may have.

11. CONTENT AND PLATFORM OWNERSHIP

11.1. You hereby acknowledge and agree that we own all intellectual property rights in the  Platform  and/or  Services . This includes the (i) technology and software used to provide the  Platform  and/or  Services ; (ii) the content on the  Platform  (save in respect of any  Member Content ); and (iii) any trademarks and logos. You hereby acknowledge and agree that you do not have any intellectual property rights to, or in, the  Platform  or  Services .

11.2. Member Content that you provide or upload to the Platform belongs to you. You hereby confirm that you have created the  Member Content  that you provide and/or upload to the Platform and you are the author of the  FRR Content  that you provide and that our use of both will not infringe the rights of any third party. If you infringe the intellectual property rights of any third-party, and we suffer a loss or incur an expense, you may be required to pay us compensation. 

11.3. You hereby assign to us with full title guarantee all intellectual property rights in all  FRR Content  and you hereby waive any claims you may have in the  FRR Content . This means we own the  FRR Content  and have the right to edit or delete any  FRR Content .

11.4. You hereby grant us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free worldwide licence to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute  Member Content  in connection with providing and/or promoting the  Platform  and the  Services .

11.5. You hereby confirm that any content you upload to the  Platform  will not violate the Code of Conduct, our Acceptable Use Policy or these Terms of Service.

11.6. Member Content uploaded to the Platform is not verified or independently approved by us. Any reliance that you may place on Member Content on the Platform is at your own risk. You should always use your own independent judgement when relying on Member Content .

11.7. We have the right to remove any content you upload on our Platform if, in our opinion, your content does not comply with our Acceptable Use Policy or these Terms of Service.

11.8. If you wish to contact us in relation to content you have uploaded to our Platform and that we have taken down, please contact us via our  Contact us page .

11.9. If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details linked above. 

12. DISPUTES BETWEEN MEMBERS

12.1. We will help  Members  resolve disputes only in accordance with the  Member Dispute Process .

13. YOUR RIGHTS

13.1. As a consumer, you have legal rights in relation to the  Platform  and/or  Services . Advice about your legal rights is available from: (I) in the UK, the Citizens’ Advice Bureau or Trading Standards office, (II) in the USA, the Bureau of Consumer Protection..

14. OTHER IMPORTANT TERMS

14.1. These Terms of Service are a contract between you and us and only you and us have the right to enforce them.

14.2. You agree that you are not our employee, partner, agent or legal representative of any kind. You will not make any statements, representations or commitments of any kind, or take any action that could legally bind us.

14.3. If we do not take any action against you this does not mean that we forego any rights we may have under these Terms of Service.

14.4. If any part of these Terms of Service are found to be invalid, unenforceable or illegal, ( “the Offending Part” ) the Offending Part will be severed but the remaining provisions will remain in full force and effect. If the Offending Part belongs to a provision that is enforceable or legal, then the whole clause shall be modified so as to give effect to the intention of the parties.

14.5. You will not assign or transfer any of your rights or obligations under these Terms of Service to any other person.

14.6. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms of Service, provided that your rights and obligations are not affected.

14.7. We may amend these Terms of Service from time to time, however, we will aim to give you advance notice of any major changes.

14.8. On termination of these Terms of Service, the clauses of these Terms of Service that reasonably should survive termination will remain in effect.

14.9. Any notice we give you will be sent by email to the email address linked to your  Account .

14.10. If we cannot perform the  Services  for you because of events beyond our reasonable control (e.g. strikes, lock-outs or other industrial disputes whether involving our workforce or any other party, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm) we will suspend the  Services  for the duration of said event. If these events cannot be resolved in a reasonable period of time (which we will determine based on the circumstances), we may cancel your membership and refund any part of the Sitter Membership Fee and/or the Pet Parent Membership Fee  which applies to the future period of your membership which we have cancelled.

15. LAW AND WHERE TO BRING PROCEEDINGS

15.1. These Terms of Service shall be governed and construed in accordance with English law.  However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law.  The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.

16. LIMITATION OF LIABILITY

16.1. Please read these following clauses carefully as they set out (i) what we do not accept responsibility for; (ii) what we do not take responsibility for; and (iii) what you assume responsibility for.

16.2. As noted above, we provide an introduction service and provide the Platform for Members to find and connect with each other. We are not involved directly in discussions between Members or the arrangement or performance of any Sit and are not a party to any agreements you may make with other Members. The responsibilities and liabilities we assume reflect our role. 

16.3. We do not assess or vet our Members or provide the Verification Checks or Criminal Background Checks, however we provide a platform to enable Sitters to carry out a Criminal Background Check (if they are US-resident Members ) and/or a Verification Check on themselves. While we may provide a Trust and Verification Badge and /or a Background Badge , such badges are not guarantees, or endorsements, including of quality, character or ability or willingness of a Sitter or Pet Parent. We do not make any representations or warranties regarding the reliability of the Criminal Background Checks and/or Verification Checks or the accuracy, timeliness or completeness of any information in such checks. We do not independently verify information in the Criminal Background Checks and/or Verification Checks.

16.4. We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk. We make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

16.5. Any content is provided for your general information. No content on the Platform constitutes technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its content,

16.6. The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

16.7. WE DO NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR THE FOLLOWING :

16.7.1. any additional sums incurred by the Member as a result of the processing of their  Sitter Membership Fee  and/or the  Pet Parent Membership Fee  (such as bank charges);

16.7.2. any loss of income or loss of savings you may suffer or extra costs you incur arising from a Sit or the performance/non-performance of a Sit. ;

16.7.3. the retention, deletion or loss of your  Member Content . It is your sole responsibility to maintain backup copies of your  Member Content ; or

16.7.4. the acts or omissions of our agents or subcontractors (e.g.  Vet Advice Helpline ) to the  Member  arising under or in connection with these Terms of Service and the  Services ;

16.7.5. anything related to the services we make clear we do not provide as set out in clause 4;

16.7.6 the responsibilities and liabilities you assume as set out in clause 16.6.

16.8. You assume full responsibility for the choices you make before, during and after a  Sit . You agree that as part of a  Sit  you enter into a contract between yourself and an  Pet Parent  or  Sitter  (as set out in clause 1.3 above) and you assume all of the associated risks of a Sit , including  the following and the risks that could arise from the following:

16.8.1. evaluating and determining the suitability of a Pet Parent or Sitter for a Sit and assessing whether to arrange a Sit ;

16.8.2. health risks, especially to your pet(s), such as illness, bodily injury, disability, or death;

16.8.3. property risks such as theft, damage, loss or destruction of your home, its contents and your other belongings;

16.8.4. the  Verification Check  and  Criminal Background Check  as these are carried out by  Sitters  themselves;

16.8.5. the care and supervision of any minors;

16.8.6. the care and supervision of any pets;

16.8.7. any travel and subsistence costs; or

16.8.8. the information you share in your Welcome Guide ;

16.8.9. invasion of privacy (e.g. by use of CCTV or monitoring equipment).

and you hereby agree that we have no liability to you in respect of any of these risks.

16.9. To the maximum extent permitted by law (e.g. we are not negligent and do not owe you a duty of care) you agree that we are not liable for any injury, death, loss or harm that occurs to anyone or any pet during a  Sit  or in any way related to a  Sit .

16.10. In no event shall we (including our employees, agents and subcontractors) be liable for any losses arising out of your breach of these Terms of Service or if you fail to follow any reasonable instructions we may give you.

16.11. We are responsible for:

16.11.1. death or personal injury caused by our negligence;

16.11.2. fraud or fraudulent misrepresentation carried out by our employees;

16.11.3. intentional, wilful or wanton misconduct of our employees;

16.11.4. performing the services with reasonable skill and care; or

16.11.5. any other liability that cannot be excluded by law (including the UK’s Consumer Rights Act 2015).

16.12. We are responsible for any loss or damage caused by us that is foreseeable as a result of us breaching these Terms of Service or failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time these Terms of Service were entered into.

16.13. Our maximum liability to you under these Terms of Service is limited to the  Sitter Membership Fee  and/or the  Pet Parent Membership Fee  you paid for the relevant 3 or 12 month membership period.

16.14. You will reimburse us for all losses and expenses that we suffer as a result of a third party bringing a claim against us due to your breach of these Terms of Service.

17. ADDITIONAL OR DIFFERENT TERMS FOR MEMBERS BASED IN THE USA

If your country of residence is the USA, the following terms apply to you and in the event of a conflict between the rest of these Terms of Service and this clause 17, this clause 17 shall control to the extent of the conflict:

17.1 These Terms of Service will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in clause 17.2 below must be brought in state or federal court in King County, Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in King County, Delaware.

17.2 Dispute Resolution and Arbitration for US Members

1. This clause 17.2 (this “ Arbitration Agreement ”) only applies to you if your country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this clause 17.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
   
2. This clause 17.2 (this “ Arbitration Agreement ”) only applies to you if your country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this clause 17.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
   undefined
   
3. At least 30 days prior to initiating an arbitration, we each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to us by mailing it to our representative at [email protected] . We will send our notice of dispute to the email address associated with your account. A notice of dispute must include: our name and contact information (if you are sending the notice) or your name and contact information (if we are sending the notice), a brief description of the dispute, and the relief sought. If you and us are unable to resolve the dispute within the 30-day period, only then may either of us commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). www.adr.org ).
   
4. We mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Platform, Services, or any Content (collectively, “ Disputes ”) will be settled by binding individual arbitration (the “ Arbitration Agreement ”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, we each agree that the arbitrator will decide that issue.
   
5. Exceptions to Arbitration Agreement. We each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by clause 17.1): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Platform or Services. We each agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
   
6. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “ AAA Rules “) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
   
7. In order to make the arbitration most convenient to you, we agree that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in King County, Delaware; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
   
8. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
   
9. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
   
10. We each acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
    
11. We each acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
    
12. Except as provided in clause 17.2.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

17.3 If we change this clause 17.2 after the date you last accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and us (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and us.

1. Auto-Renewal for Paid Subscriptions
   undefined

17.4 As part of the Services , you may receive communications through the Services , including messages that we send you (for example, via email or SMS). When signing up for the Services , you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want us to send you information that we think may be of interest to you, which may include zeewoi using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us. You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

17.5 We provide the Platform on an “as-is” basis and make no representations, warranties or guarantees of any kind and we disclaim all warranties, whether express or implied, that the content on our Platform is accurate, complete or up to date. The disclaimers in these Terms of Service apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

17.6 You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume all risk arising out of your use of the Platform and any Member Content , including your interactions with other Members, carrying out a Sit or allowing a Sitter to Sit for you.

17.7 We are not liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to the use the Platform, (iii) any communications with any other Members through your use of the Platform, or (iv) any Member Content, whether based on warranty, contract, tort (including negligence), or product liability. In no event will our aggregate liability for any claim or dispute arising out of or in connection with these Terms of Service, your interaction with any Members, or your use of or inability to use or receive the Platform, Member Content, or any Services, exceed the greater of the amounts you paid to us in the 12-month period before the event giving rise to the liability or one hundred U.S. dollars ($100.00). These limitations of liability are fundamental elements of your agreement with us. If applicable law does not allow the limitations of liability set out in these Terms of Service, the above limitations may not apply to you.

17.8 To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us (including our affiliates and our and their respective personnel) harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms of Service or any other document or policy referenced herein; (ii) your improper use of the Platform ; (iii) your interactions with any other Members (such as, by way of example and without limitation, any agreement between you and any other Member and its performance or non-performance, the performance of a Sit and/or any dispute relating to your interactions with any other Member), including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind relating to such interactions; and (iv) your violation of any laws, rules, regulations, or third party rights, including without limitation intellectual property and privacy rights.

17.9 References throughout the Terms of Service to specific laws that do not apply to individuals outside the applicable jurisdiction ( e.g. , the UK’s Consumer Rights Act 2015) do not apply to Members residing outside the applicable jurisdiction.

GLOSSARY

Accident and 3rd Party Liability Plan  means a plan that enables Sitters to request payment (up to $1m) from us (offer by us a goodwill basis and at our sole discretion) where damage or injury has been caused by a pet while housesitting, subject to these Terms and conditions

Account  means the Member area on the  Platform  accessed with secure login details including email address and password

Background Badge means the icon added to a USA-resident Sitter Profile which identifies the completion of a Criminal Background Check

Combined Member  means the combination of both a Pet Parent membership and a Sitter membership, accessed by paying an upgrade fee once already a Member

Criminal Background Check  means the criminal record checking service provided by a third party agency (Evident ID, Inc.), for all Sitters who reside in the USA, subject to our Criminal Background Check policy.

FRR Content  means any Feedback, Reviews, References

Handover  means communicating the essential details of an arranged Sit face-to-face and handing over the keys to start/finish the Sit, clearly setting out your expectations

Home and Contents Plan   means a plan  that enables Pet Parents to request payment (of up to $1m) from us (offered by us on a goodwill basis and at our sole discretion) for any losses suffered from property damage and theft as a result of the housesitting, subject to these  Terms and conditions .

Member Content  means any content (including text, photographs, images, videos and any other materials) that relates to your Home Listing and/or Sitter Profile

Member Code of Conduct  means the guidelines for Members' behaviour when using the Platform and interacting with other Members.  (as amended from time to time)

Member Dispute Process  means the policy described in clause 12

Membership Service Support  means the customer service/support team of zeewoi who will deal with all enquiries regarding a membership, use of the Platform and/or Services. This is available 24/7

Owner means the member who makes their property available to Sitters and who engages a Sitter in respect of such property. The term Owner is interchangeable with the term Pet Parent

Pet Parent means the member who makes their property available to Sitters and who engages a Sitter in respect of such property. The term Pet Parent is interchangeable with the term Owner

Home Listing  means the listing on our Platform where a Pet Parent can set out the responsibilities, including pet care, that they want Sitters to comply with

Platform  has the meaning given in clause 1 of the Terms of Service

Reference(s)  mean an external comment and rating (out of five) left by a third party person for a Sitter’s profile

Review(s)  means the comment and rating (out of five) left by a Pet Parent about a Sitter who has sat for them; or the comment and rating (out of five) left by a Sitter about a sit they have completed for a Pet Parent

Safety Contact Information  means the emergency contact details provided in your Account so that we can contact you urgently if necessary

Services  has the meaning given  in clause 1 of the Terms of Service.

Sit means the arrangement and/or completion (as applicable) of the house and pet sitting arrangement carried out directly between the Pet Parent and the Sitter

Sitter  means a member who cares for the property and/or pet(s) of a Pet Parent

Sitter Membership Fee and/or the Pet Parent Membership Fee  means the fee payable at Activation Date or Auto-Renewal (each as defined in clause 7 of the Terms of Service) allowing you access to the Services

Sit Cancellation Plan  means a plan that enables premium tier Pet Parent and premium tier Sitter members to request payment (of up to $1500) from us (offered by us on a goodwill basis and at our sole discretion) as a result of short notice cancellations, subject to our terms and conditions

Sitter Profile  means the profile of a Sitter where you can set out information about yourself such as your hobbies and interests, why you're looking to house sit, and any house/pet sitting experience you have

Trust and Verification Badges  means the icons added to a Sitter's Profile which identify the completion of a Sitter's Background Checks.

Vet Advice Helpline  means the 24/7 veterinary helpline service provided by Vetsdirect Ltd, more information on which is available on your member dashboard

Verification Check  means confirming your email address, telephone number via our 3rd party agency (Vonage), collecting an external Reference(s) for a Sitter, or completing an ID check via our 3rd party agency (Evident)

Welcome Guide  means a guide provided by a Pet Parent (using the facility on our Platform) in which the Pet Parent can set out any specific requirements for their house or pet, such as emergency contact information, security details and/or wifi codes