Terms & Conditions

MyDogBuddy Terms & Conditions

June 2023

Terms and Conditions

Thank you for using MyDogBuddy!

These Terms and Conditions (the “Terms” are a binding legal agreement (“Agreement”) between you and MyDogBuddy SA. (“MyDogBuddy”, “we,” “us,” or “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “MyDogBuddy Service”). The Terms govern your access to and use of the MyDogBuddy webSite/App, including any subdomains thereof, and any other webSite/Apps through which MyDogBuddy makes its services available, our mobile, tablet, and other smart device applications (collectively, “Site/App”), our Facebook application, our online or phone support offerings, or any other access point we make available to you. By accessing or using the MyDogBuddy Service, you accept these Terms. 

If you do not agree or are unable to agree to be bound by these Terms, you do not have the right to use the MyDogBuddy Service. Failure to use the Site/App in accordance with these Terms may subject you to civil and criminal penalties.

In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.

MyDogBuddy SA reserves the right to modify these Terms at any time, and that any such changes will be effective immediately when we post the modified Terms. Your continued access and use of the MyDogBuddy Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

Our collection and use of personal information in connection with your access to and use of MyDogBuddy is described in our Privacy Policy.

 

These Terms and Conditions are organized into the following sections:

1. Key terms 

2. Nature of Our Site/App and Services

3. Eligibility

4. Use of Site/App and Compliance

5. User Content and Communication Rules and Guidelines

6. Your User Content and Photos

7. Bookings and Payment Terms

8. Cancellations and Refunds

9. Links to Third-Party WebSite/Apps

10. Disclaimers of Warranties 

11. Limitation of Liability and Release

12. Indemnification

13. Termination and Account Cancellation

14. Intellectual Property Rights

15. Employment and Withholding

16. No Agency

17. Governing Legislation

18. Severability

19. Miscellaneous

 

1. Key Terms

  • “PARENT” means a person who completes MyDogBuddy’s account registration process and searches for and/or books Provided Services via the Site and App

  • “MEMBER” means a pet service provider, a person who completes MyDogBuddy’s account registration process and creates a Listing via the Site/App, i.e. person who is willing to take care of a member’s furry child’s needs and requirements.

  • BUDDY” means a dog walker who provides parents with dog walking services booked via our Site and or App

  • “USER” means collectively Parents and Buddies

  • “CONTENT” means text, images, graphics, data, software, audio, video, information, documents, compilations or other materials.

  • “USER CONTENT” content submitted by a User or anyone other than MyDogBuddy including without limitation photographs, text and reviews

  • “LISTING” means Member of User provided service that advertises their services via our Site or App.

  • Affiliate” means our advertisers who advertise their products and services on our Site and App.

  • “HOST-PROVIDED SERVICES” means services provided by Hosts

  • “THIRD PARTY PROVIDERS” mean MyDogBuddy’s third-party contractors, distributors, agents, merchants or sponsors.

 2. Nature of our Site/App and Services

The MyDogBuddy Service is an online platform and on-demand App designed to help parents to find and match Buddy’s (Dog Walkers) who meet with their requirements for dog walking services.

The MyDogBuddy Service is an online platform and App designed to help Pet Owners (Parents or Members) find, communicate with, and interact with providers of pet-related services (“Members or Users”). 

MyDogBuddy also serves as a neutral venue for Buddies and Parents. Other than Dog Walking Services, we are not involved in the transactions between Users. Users arrange for the services solely between themselves, and MyDogBuddy is not a party to any of those arrangements. MyDogBuddy does not provide related pet care services. MyDogBuddy is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users. You understand and agree that MyDogBuddy is not a party to any agreements entered between the users, nor is MyDogBuddy a broker, agent or insurer. 

MyDogBuddy offers a payment policy for only Dog Walking Services to safeguard the payments between Parent and Buddy and doesn’t not provide these for third party Members and Hosts.

While we may help facilitate the resolution of disputes, MyDogBuddy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. 

MyDogBuddy does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by MyDogBuddy about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. 

We conduct a review of Affiliate Parties’ profiles when they sign up and we may facilitate background checks on Affiliate Parties conducted by a third party, but, except where explicitly specified in the MyDogBuddy Terms, we do not otherwise screen Affiliate Parties and other Thirth Parties.    

As a result, MyDogBuddy has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site/App, and makes no representations about any such User Content on the Site/App. MyDogBuddy does not have control, supervise, or provide equipment to the Hosts, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Affiliates.

MyDogBuddy further makes no representations about the Users. You should make your own assessments of the persons you decide to interact with, engage or provide services to. MyDogBuddy has no control over the conduct of users of the Site/App and disclaims all liability in this regard. Users are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the MyDogBuddy Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.

While certain Affiliates may receive positive assessments or comments by the Site/App or its users, MyDogBuddy makes no representations or warranties regarding the quality, security or positive features of the Affiliates companies.

Because we are not involved in Affiliate-to-User dealings or control the behaviour of Affiliates and Users, Users must resolve any issues, disputes or concerns directly with each other. You agree to release MyDogBuddy from any claims or liability that may arise from any disputes between you and other Affiliates and Users. As a Parent, you acknowledge and agree that the entire risk arising out of your use of the Site/App, including listing and booking Affiliate-Provided Services, is entirely your own. You acknowledge and agree that MyDogBuddy is not liable for any damages associated with the administration of other pet services which may include but are not limited to, bodily injury or death to your pet (whether caused by the Affiliate, any family member, friend, pet or other third party of the affiliate.}

MyDogBuddy is not party to any agreement or transaction between Parent and Affiliates and, as such, cannot verify or otherwise authenticate any claims made by the Affiliates (including any medical certifications or insurance coverage held by a Parents). Moreover, it is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your pet prior to engaging with Affiliates for pet services and other pet-care-related services.

We may provide suggested or optional default terms for transactions between Parents and Affiliates, or otherwise between users. To the extent we do, and you or another user utilizes or agrees to such terms, this does not make us a party to the transaction between Parent and, Affiliate, or other users of the Site/App and App. Any suggested or default terms we provide are for users’ convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.

Some Affiliate-Provided Services (e.g.: pet boarding) are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Parent, to determine if the applicable Affiliate-Provided Service is best for your pet and to select the Affiliate Pcarefully. 

If a Parent fails to retrieve their pet within the minimum period prescribed based on the terms of the service pertaining to the type of Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that MyDogBuddy (or the Buddy, and Agent) may, in its sole discretion, place the pet in foster care, shelter and notify the authorities. As a Parent you agree that you will be responsible for and will reimburse MyDogBuddy all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.

Furthermore, MyDogBuddy expressly reserves the right, in its sole discretion, to remove a Parent’s pet from the Site/App/App should MyDogBuddy deem it necessary for the safety of a pet, the Buddy, Affiliate, or any persons in close proximity of the Buddy and Affiliate. Prior to removing a pet from the care of a Buddy, MyDogBuddy will use reasonable efforts to contact the Parent and/or the Parent’s emergency contact (if provided) to arrange alternative care. Should MyDogBuddy not be able to contact the Parentr or the emergency contact, MyDogBuddy will use its best judgment to find alternative care for the pet until the Parent is able to retrieve his/her pet. If you are a Parent, you authorise your pet’s veterinarian(s) to release your pet’s veterinary records to MyDogBuddy in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by MyDogBuddy or Buddy and Affiliate in connection with such transfer, including any additional charges for new Bookings.

We recommend that Parent give their MyDogBuddy contact information where they can be reached in the event of an emergency (for example when medical care for your furry child becomes necessary). The MyDogBuddy, its Agent, Staff, agree to immediately contact the Parent in the event such care becomes necessary or, if the Parent is not available, to contact MyDogBuddy support. If you are a Parent, you hereby authorise Buddy and MyDogBuddy to obtain and authorise the provision of veterinary care for your pet if you cannot be reached to authorise care yourself in an emergency situation. In such case, you also authorise your pet’s veterinarian(s) to release your pet’s veterinary records to MyDogBuddy. If your Host reaches you with a request to authorise medical care for your pet and you refuse, you release the Host and MyDogBuddy for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available under the MyDogBuddy’s Premium Protection program. Members are solely responsible for the costs of any such medical treatment for pets and, if you are a Member, you hereby authorise MyDogBuddy to charge you for such costs. In certain circumstances, a Member may be eligible for reimbursement under the MyDogBuddy’s Premium Protection Program. 

As a Buddy, you acknowledge and agree that neither MyDogBuddy nor a Member have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Parent, and you hereby agree not to seek any such reimbursement or other damages from MyDogBuddy.

Parents provide MyDogBuddy with their mobile phone numbers as part of the registration process or in their account settings. Parents who provide MyDogBuddy with their mobile phone numbers may receive text message communications from MyDogBuddy on their cellular phones and/or mobile devices. By providing MyDogBuddy with your mobile phone number, you consent to MyDogBuddy sending text messages to your cellular phone and/or mobile device. MyDogBuddy does not charge for sending text messages, but your carrier may charge you.

Parents of MyDogBuddy’s mobile applications may have the option to receive push notification alerts from MyDogBuddy. If push notification alerts are available, you will be given the option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.

The Site/App may include certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent, you access the Site/App through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. 

Due to the nature of the Internet, MyDogBuddy cannot guarantee the continuous and uninterrupted availability and accessibility of the MyDogBuddy Platform. MyDogBuddy may restrict the availability of the MyDogBuddy Platform or certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MyDogBuddy Platform. MyDogBuddy may improve, enhance and modify the MyDogBuddy Platform and introduce new MyDogBuddy Services from time to time.

3. Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. If you are under 18 years old, you may not use the Site/App. 

You also certify that you will comply with all laws applicable to your activities conducted through MyDogBuddy. 

For Parents, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. For Parents and each member of your household have/has never been convicted of, or is/are currently pending trial for, any misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others.

For Buddies and Affiliates, this includes that you are legally eligible to work in the jurisdiction where you provide your services, you have complied and will comply with all laws that are applicable to you, and you have obtained all business licenses, permits, other permissions and fulfilled any other necessary requirements to legally provide services. You acknowledge that MyDogBuddy is entitled to rely on these commitments and is not responsible to ensure that Buddies and Affiliates have met these eligibility conditions. For Buddies and each member of your household have/has never been convicted of, or is/are currently pending trial for, any misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others.

You’re not allowed to use our Site/App, App or Services to break the law. At all times, you have to comply with all applicable laws.

MyDogBuddy has no obligation to conduct background or police checks of its users. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third-party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.

Parent and User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Parent’s and or User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Parents and Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Parents and Users, and (ii) screen Parents and Users against third party databases or other sources and request reports from service providers.

If requested by MyDogBuddy, you agree to provide MyDogBuddy with such identification documents (for example copies of ID or passports) or other information as may be needed or requested by MyDogBuddy.

4. Use of Site/App and Compliance

Privacy Policy. You represent that you have read and understood our Privacy Policy.

Registration and Account Information. When you register for the Site/App, you will be asked to create an account and to provide us with certain information about yourself (your “Parent and or User Content”). Your Parent/User Content will be used in accordance with our Privacy Policy. You are responsible for providing accurate, current, and complete information in connection with your account registration.

As a Parent and User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorised use of your password or account.

Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site/App and APP is intended to be used by people who seek the services provided by MyDogBuddy and want to find, select, review and connect with other Affiliates and Partners of MyDogBuddy, so they can receive, provide or share information about pet services. Any use of this Site/App and App for any other purpose, (including but not limited to using the Site/App/App or information obtained from the Site/App/App to solicit, advertise to or contact Parents and Users for any other purpose) is prohibited.

Use of Other Parents and Users’ Personal Information. You may from time to time receive personal information of another Parent and User. Any personal information you receive may only be used for the specific purpose it was provided to you, and may not be used for any other purpose without first obtaining the other Parent and User’s permission.

Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

  • use the Service for any commercial purpose, unless expressly authorised by MyDogBuddy;

  • use the Site/App and App to find a Buddy, Affiliate, or other providers of Third-Party Services or Parent and then complete the transaction offline in order to circumvent your obligation to pay for the Service;

  • use the Site/App and App or Services to recruit, or solicit Parents, Buddies, and Users for employment, or contact users to conduct business on behalf of an affiliate or Third-Party dog walking service and related services.

  • use the Site/App and App for competitive purposes, such as to ascertain the features or technical infrastructure of the Site/App and App;

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • use our Platforms to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to services usually arranged via the Site/App and or App;

  • extract profile information or contact information from profiles, whether to list such information on third party Site/Apps or for any other purpose;

  • “stalk” or harass any other persons of on our Platform/App;

  • collect or store any information about any other Parent and User other than for purposes of transacting as a Parent, Buddy, Affiliate or other provider of Third-Party Services with another user;

  • register for more than one user account or register for a user account on behalf of an individual other than yourself;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • update a public profile with erroneous contact information or remove contact information; 

  • use automated scripts to collect information or otherwise interact with the Service or the Site/App/App except through intentionally provided APIs;

  • violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

  • submit any listing with a misleading or false information, or submit any listing with a offerings that you do not intend to honour; or

  • advocate, encourage, or assist any third party in doing any of the foregoing.

  • fail to respond to messages/inquiries from other MyDogBuddy Parents or fail to respond to messages/inquiries from other MyDogBuddy Members within a timely manner, to be determined at the sole discretion of MyDogBuddy; 

  • behave or act in any way that creates a negative experience for a MyDogBuddy Member, to be determined at the sole discretion of MyDogBuddy; 

  • behave or act in any way that demonstrates a lack of courtesy or professionalism with any MyDogBuddy Staff, Affiliate, Agent and Parent that may cause any difficulty providing the best customer service possible for a MyDogBuddy Parent, to be determined at the sole discretion of MyDogBuddy; 

  • receive multiple General Enquiries and/or Meet and Greets without any (or an abnormally low ratio of) confirmed Reservations, to be determined at the sole discretion of MyDogBuddy; 

  • buddies are required to provide periodic photo updates and video clips to the Parents and or any other member of the family nominated by the parent and MyDogBuddy via MyDogBuddy messages via the App; 

  • circumvent any measures implemented by us aimed at preventing violations of the Terms; 

The foregoing is merely a list of examples of prohibited conduct. To protect Parents and Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a Parent and User may send to other Users through the Site/App and via the App, terminating accounts or blocking Parents and users with certain IP addresses from accessing the Site/App and App. 

MyDogBuddy also expressly reserves the right, in its sole discretion, to terminate a Parent’s and or User’s access to any interactive services and/or to any or all other areas of the Site/App and App due to one or more negative reviews provided to MyDogBuddy by Parents or non-Users. These reviews are typically, but are not required to be, associated with a Service provided by Buddy through MyDogBuddy.

Without limiting the foregoing, MyDogBuddy and its staff and agents will have the right to remove any reviews or other content that violates these Terms or is deemed by MyDogBuddy, in its sole discretion, to be otherwise objectionable, including any reviews that violate any of the following guidelines:

  • Reviews unrelated to the Reservation itself (e.g., religious, political, or social commentary).

  • Reviews that are not representative of the Parent or User’s own personal experience.

  • Reviews in which the content endorses or promotes illegal or harmful activity or violence.

  • Reviews in which the content is discourteous, discriminatory, or vulgar.

  • Reviews in which the content violates another person’s privacy, such as publishing a person’s full name, phone number, address, or other identifying information.

  • Reviews in which the content refers to a MyDogBuddy investigation.

  • Reviews in which the content is proven to be used as extortion.

Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site/App, App or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site/App, App or to breach security or authentication measures without proper authorisation; (c) interfering or attempting to interfere with service to any parent, user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Platform and Services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MyDogBuddy in providing the Site/App, App or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Risk Assumption and Precautions. You assume all risk when using the Site/App, App including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Parents and Users.

No Violation of Laws and Regulations. Your use of the Site/App, App and the Services, including, but not limited to, the Parent and User Content you post on the Site/App and App, must be in accordance with all applicable laws and regulations.

Reporting of Violations. You agree to report to us promptly any violation of these Terms or any alleged improprieties of any Parents and Users. You can contact our Support team.

Beta Features. From time to time, we may offer new “beta” features or tools with which Parents and Users may experiment on the Site/App and App. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at MyDogBuddy’s sole discretion. The provisions regarding Disclaimer of Warranty apply to such features or tools.

 5. User Content and Communication Rules and Guidelines

By agreeing to our Terms, both Buddy and Parents are also assuming the responsibility of clear and frequent communication.

For Buddy this includes:

  • Responding to Direct Booking requests within 2 – 4 hours (after that unanswered Direct Booking requests will expire)

  • Responding to Enquiries within 8 hours (after that MyDogBuddy reserves the right to cancel the request)

  • Being available to communicate with the MyDogBuddy staff and Parent from the moment a booking with that Parent is confirmed via our web or mobile applications. Specifically, hours leading to the booking start date and time, Buddy should always respond to MyDogBuddy and Parent queries no later than 2- 4 hours. If these timeframes are not adhered to, MyDogBuddy reserves the right to cancel the booking with the Buddy and rebook with the available Buddy who matches the Parent’s profile.

  • Being available for a “Meet and Greet” before the booking commences, on the initial booking to familiarise and offer the parent the opportunity to socialise the dog(s) with the Buddy. If the Buddy refuses a “Meet and Greet” that the Parent has requested, MyDogBuddy reserves the right to cancel the booking, and default to the next available Buddy who meets the requirements of the Parent’s profile.

For Parents this includes:

  • Confirming and paying for pre-approved bookings immediately, to reserve the Buddy’s availability. If the request is not confirmed or canceled within 48 hours, MyDogBuddy retains the right to cancel the request on the Parent’s behalf.

  • Being available to communicate with the Buddy from the moment a booking with the Parent is confirmed via our mobile application. Specifically, (a) From the time the booking is made up to the booking start date, the Parent should always respond to the Buddy within 5 – 8 hours, to ensure that all details are arranged before the booking begins, (b) on the day before the booking start date, on the booking start date and on the booking end date, responding to the Buddy within 5 – 8 hours, to ensure appropriate arrangements for the drop-off and the pick-up of the furry child.

  • Providing the MyDogBuddy with an alternative contact in case of an emergency.

  • If the service in a confirmed booking is no longer needed, the Parent agrees with any cancellation fees applicable depending on the MyDogBuddy’s cancellation policy and only valid if the Parent has effectively canceled the booking by contacting MyDogBuddy Support.

As a User of the Site/App/App, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Buddies (“Reviews”), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site/App or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.

Content and Communication Restrictions. You will not post on the Site/App, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site/App or through the Services, that:

  • contains others’ copyrighted content unless you have written permission from the copyright owner;

  • contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

  • implies that the User Content is in any way endorsed or sponsored by MyDogBuddy;

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, discrimination, bigotry, hatred or physical harm of any kind;

  • is intended to harass, annoy, threaten or intimidate any other Users of the Site/App;

  • is false, abusive, misleading, defamatory, inaccurate, obscene, profane, sexually oriented, or otherwise objectionable;

  • involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;

  • contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);

  • is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use of the Site/App;

  • uses scripts, bots or other automated technology to access the Site/App;

  • that otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.

Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site/App, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of MyDogBuddy.

Our Right to Use Your User Content. By posting User Content to the Site/App, you grant, and you represent and warrant that you have the right to grant, to MyDogBuddy, its Affiliated Parties, licensees and successors, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.

Review Guidelines. Parents will have the opportunity to provide Reviews about Buddies whose services they have used. Reviews should not include any personal information about a Buddy that is not disclosed in the Buddy’s public Profile (for example, the Review should not include or reference Buddy’s phone number or address). Reviews should be limited to your personal first-hand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.

Disputes with Other Users. You are solely responsible for your interactions with other MyDogBuddy users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether MyDogBuddy collected any money on behalf of the Buddy or the provider of Third-Party Services.

Listing Prices. If you post a listing offering pet related services, or other Third Party Services through the Site/App which is accepted by you and a Member, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the Member. You further agree not to alter the price once accepted.

6. Your User Content and Photos

You are solely responsible for your User Content, and we act merely as a passive conduit for your online distribution and publication of your User Content. Solely to enable MyDogBuddy to use your User Content, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your User Content, in any media now known or not currently known. MyDogBuddy shall have complete discretion in how it chooses to display or use your User Content in connection with the Site/App, subject to restrictions set forth in our Privacy Policy.

As part of the Site/App, MyDogBuddy occasionally shares photo updates of guest furry children with Site/App/App users and the public. You agree that MyDogBuddy may, at its sole discretion, publish these photos on the Site/App/App and across social media including Facebook, Instagram, Twitter, Tik Tok, Pinterest, and similar Site/Apps. 

Buddies are required to provide periodic photo updates to the Parents and MyDogBuddy via text message or email. Failure to do say may result in suspension of the Buddy from the App.

You hereby represent and warrant to MyDogBuddy that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for MyDogBuddy or cause MyDogBuddy to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant MyDogBuddy an irrevocable, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the MyDogBuddy Service, and to sublicense these rights to third parties.

If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release MyDogBuddy and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the provisions of these Terms.

You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on MyDogBuddy. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance.   

We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from MyDogBuddy at any time.  

7. Bookings and Payment Terms

MyDogBuddy, through its proprietary network of Dog Walkers(Buddies), arranges for the provision of the Dog Walking Services to Parents, including, but not limited to dog walking services. 

As a Buddy, you may create your profile, and will be asked detailed information about your experience and preferred breed, your home address as well as be asked to be vetted. As a Buddy, you will be asked to sign a contract with MyDogBuddy which will specify the terms of the contract and the fee structure. MyDogBuddy will set the fees which will take into account the minimum wage as set out in the SA Labour Laws and will also take into account the cost associated with the App and its marketing expenses and operation costs.

Each Buddy, elect MyDogBuddy to collect payment on their behalf through the mobile application and elect to be paid according to the agreed fees at the end of each month.

As a Buddy, you contractually agree that the first and all future bookings with the parent from MyDogBuddy will be booked via the App. Failure to abide by this policy may result in suspension from the App.

MyDogBuddy charges a Service Fee which will be stipulated in the contract signed with the yourself, to cover the costs of payment processing, marketing and App administration. MyDogBuddy may also charge a fee (including a booking fee and/or trust and safety fee) that will be presented to the Parent during the booking process, should it be necessary. 

Please note that MyDogBuddy does not currently charge fees for the creation of your profile to be part of the MyDogBuddy family through its App. However, you acknowledge and agree that MyDogBuddy reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of profile when a parent makes a payment.

As a Parent, you may book a Buddy’s Walking Services through the App. 

In connection with the Parent-requested booking, the Parent will be asked to provide routine billing information such as name, billing address and credit card information either to MyDogBuddy or its third-party payment processor. The Parent agrees to pay MyDogBuddy for any confirmed bookings made in connection with their MyDogBuddy Account in accordance with these Terms by one of the methods described on the App – e.g. by Peach Payment or Pay Fast or credit card. The Member hereby authorises the collection of such amounts by charging the payment method provided as part of requesting the booking, either directly by MyDogBuddy or indirectly, via a third-party online payment processor or by one of the payment methods described on the App. If the Parent is directed to MyDogBuddy’s third-party payment processor, the Member may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. 

Buddy is required to either confirm or reject the booking within 4 – 8 hours of when the booking is requested (as determined by MyDogBuddy at its sole discretion) or the Parent will have no obligation to complete the transaction. 

If the Buddy accepts the booking request (i.e. the booking is completed by both parties), they agree to honour the price set forth in their Booking and the full amount of the Buddy-Provided Service, inclusive of the MyDogBuddy Service Fee will be charged to the Parent’s payment information on profile immediately. 

The Member authorises to be charged in the event of 

  • For Emergency Medical Situations Involving the Parent’s Furry Child. Parents should ensure that MyDogBuddy is provided with contact information to reach the Parent in the event an emergency medical situation arises involving the Parent’s Furry Child. Parents and Buddies acknowledge and agree that, to the extent any situation arises where the Parent’s Furry Child is required to receive emergency veterinary care while in the care or custody of the Buddy, Buddy, through MyDogBuddy’s office shall make reasonable efforts to contact the Parent and notify him or her of the situation. In the event the Buddy notifies MyDogBuddy of the situation, the Buddy should contact MyDogBuddy and MyDogBuddy shall make reasonable efforts during MyDogBuddy’s normal business hours to contact the Parent to notify them of the situation. If the Parent cannot be reached following reasonable efforts, Parent authorises Buddy and MyDogBuddy to authorise care on his/her behalf in order to promptly treat the Parent’s Furry Child. Parents acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Parent and that Member’s credit card may be billed for any amount to reimburse costs incurred by Buddy or MyDogBuddy attendant thereto.

  • If you are a Parent, you acknowledge and agree that, if you fail to retrieve your Furry Child at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late hour) at the hourly rate established in the Booking. In addition, you agree to indemnify MyDogBuddy from, and agree that we may charge you for any additional costs and expenses MyDogBuddy or the Buddy incur as a result of your failure to retrieve your furry child end of the service period agreed in a Booking.

MyDogBuddy will release the payment (less Service Fee) to the Host at the end of each month for the services rendered. Once these amounts have been disbursed, any further payment disputes will be handled in accordance with the bookings. Further, MyDogBuddy has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the MyDogBuddy Platform.

If you are a Buddy, MyDogBuddy reserves the right to issue a hold on amounts otherwise payable to you pursuant if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of MyDogBuddy, the MyDogBuddy community or third party rights. We may also recommend that third-party payment service providers restrict your access to funds in your account under the same circumstances.   

8. Cancellations and Refunds

Cancellation by Parent: Each Buddy agrees that MyDogBuddy may, in accordance with the cancellation policy selected by the Parent and reflected in the relevant booking, permit the Parent to cancel the booking. 

Buddy can choose one of the following cancellation policies, which applies to MyDogBuddy services:

  • Prior to payment and confirmation: A Parent gets a full refund if they cancel the booking prior to confirmation by Buddy and prior to payment.

  • Post payment and confirmation: A Parent will get credit towards the next booking and their account will reflect this credit.

Cancellations by Buddy are taken seriously and may result in account review, temporary suspension and possibly termination of their access to MyDogBuddy, unless otherwise been communicated in advance and alternative arrangement been made with MyDogBuddy to avoid inconveniencing the Parent. This will allow us to make arrangements with the Parent and the alternative preferred Buddy.

Buddies are expected to only accept those Bookings that they are committed to completing and are within their reach. MyDogBuddy understands the need for exemptions when extenuating circumstances arise. Examples of that include but are not limited to the death of a direct relative, ill health, natural disaster, or some other catastrophic event that makes you unable to provide the service.

Booking Guarantee. MyDogBuddy uses all reasonable efforts to find replacement Buddy when the Buddy cancel Bookings near the start time of the walk identified in the Booking. The availability of the Booking Guarantee depends on the timing of the cancellation and the type of Buddy required. Should the booking be cancelled by a Host due to the Member’s failure to provide accurate or complete information regarding the child or due to the furry child’s aggressive behaviour, the Parent is responsible for the full cost of any new reservation.

We recommend for first-time booking between Parent and Buddy, Parent and Buddy arrange for a live “Meet & Greet” to introduce the Parent’s furry child to the Buddy.

Satisfaction Money Back Guarantee: If we determine in our reasonable discretion that a Buddy has failed to provide dog walking services as agreed with the Parent or otherwise in accordance with these Terms then we may, in our reasonable discretion, cancel a Booking and credit the parent’s account accordingly.

9. Links to Third-Party WebSite/Apps

MyDogBuddy may contain links to third-party webSite/Apps or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MyDogBuddy is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MyDogBuddy of such Third-Party Services.

10. Disclaimers of Warranties

The Site/App and content provided on the Site/App are provided “as is,” and are for use as contracted herein. Except for the express warranties set forth herein, MyDogBuddy and its affiliates, employees, directors, agents, as well as its third-party providers, hereby disclaim all express or implied representations, warranties, guarantees, and conditions with regard to the Site/App, the Buddy, the Buddy provided services, the content, and the goods and services associated therewith including but not limited to any implied representations, warranties, guarantees, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. 

To the maximum extent permitted by applicable law, MyDogBuddy and its third party providers make no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy, or completeness of the Site/App or content associated with the Site/App, or the results you may obtain by accessing or using the Site/App and/or the content associated therewith. 

Without limiting the generality of the foregoing, MyDogBuddy and its third-party providers do not represent or warrant that (a) the operation or use of the Site/App will be timely, secure, uninterrupted, or error-free; (b) the quality of any host-provided services, information, or other material you purchase, secure or otherwise obtain through the Site/App will meet your requirements; or (c) any software offered via the Site/App available are free of viruses or other harmful components. You acknowledge that neither MyDogBuddy nor its third-party providers control the transfer of data over communications facilities, including the internet, and that the Site/App, App and/or content associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. 

MyDogBuddy is not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by MyDogBuddy. MyDogBuddy expressly disclaims any warranty related to the quality of host-provided services and the persons or businesses referenced on the Site/App and its App. You use Buddy provided walking services at your peril and assume all risks related to the use of said Buddy provided services

Notwithstanding MyDogBuddy’s availing the usage of the mobile application by Buddies, and accepting payments from parents on behalf of Buddies, MyDogBuddy explicitly disclaims all liability for any act or omission of any Buddy, member, or other third party.

11. Limitation of Liability and Release

By agreeing to serve as a Buddy and provide Dog Walking Services to a Parent, you expressly assume the risk of any damages, including property damages or personal injury, which you may suffer. It is the sole responsibility of the Buddy to make decisions that are in the best interests of themselves in conducting the Dog Walking Services. It is highly recommended that all Buddies schedule a “Meet and Greet” with all Parents before providing the initial walk to mitigate as many risks as possible.

Should you agree to serve as a Buddy, you agree and acknowledge as follows:

a. You agree that you are voluntarily agreeing to conduct dog walking services within your demarcated area. You are assuming all risk of personal injury, death or disability to you that might result or arise from the Dog Walking Services or handling of dogs, or any damage, loss or harm to your reason or personal property which you may incur. You understand the risks that come with Dog Walking Services or handling Dogs.

b. You agree on behalf of yourself personal representatives, successors, heirs, and assigns to hold MyDogBuddy, its affiliates, employees, directors, agents, and third parties (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of the Dog Walking Services or handling of the dogs. You expressly release and discharge MyDogBuddy from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you while performing Dog Walking Services.

Whether you are a Parent or Buddy, you agree not to hold MyDogBuddy or its affiliates, employees, directors, agents or third-party providers liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the services or Site/App, including without limitation any liabilities arising in connection with (a) any instruction, advice, act or service provided by MyDogBuddy or its affiliates, employees, directors, agents or third party providers, (b) any destruction of your user content, (c) any dispute with any other user of the Site/App, (d) Buddy’s failure to provide services or provision of incomplete or poor services, (e) any injuries or harm suffered by you or any third party, (f) any injuries or harm suffered by any Dog, (g) any damage or harm to real or personal property, or (h) any other conduct, act or omission of any other party, including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, or destruction of property.

Under no circumstances shall MyDogBuddy or its affiliates, employees, directors, agents or third-party providers be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this Site/App, mobile application or the Buddy services, including your reliance on any information obtained from this Site/App that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorised representative of MyDogBuddy has been advised of or should have knowledge of the possibility of such damages. By your use of this Site/App, you acknowledge that this paragraph shall apply to all content, goods and services available through this Site/App, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that MyDogBuddy or its affiliates, employees, directors, agents or third-party providers are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one thousand rands excluding any obligations to pay amounts to the Buddy or refunds to Parents pursuant to these terms.

No Liability for non-MyDogBuddy Actions. To the maximum extent permitted by applicable law, in no event will MyDogBuddy be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of you or anyone else in connection with the MyDogBuddy service, including without limitations, bodily injury, emotional distress, and/or any other damages resulting from reliance on information or consent posted on or transmitted through the MyDogBuddy service, or for any interactions with other users of the MyDogBuddy service, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you. 

You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. 

You also expressly acknowledge and agree that MyDogBuddy has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and MyDogBuddy and form a basis of the bargain between the parties.

12. Indemnification

You agree to indemnify, defend and hold harmless MyDogBuddy and its affiliates, directors, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site/App/App or Buddy Dog Walking Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. 

MyDogBuddy and its affiliates, directors, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site/App/App and/or the Content associated with the Site/App other than in accordance with these Terms; (b) the combination of the Site/App/App and/or Content associated with the WebSite/App with any other products, services, or materials; or (c) any third party products, services, or materials.

 

13. Termination and Account Cancellation

By MyDogBuddy. MyDogBuddy may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site/App/App, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site/App/App. 

Unless otherwise decided by MyDogBuddy, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s account, MyDogBuddy may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by MyDogBuddy, you may not re-register without MyDogBuddy’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).

By User. As a User, you may cancel your account at any time by contacting our support team at support@mydogbuddy.co.za. 

Effect of Termination.  Upon the termination or cancellation of your account, you will no longer have access to the portions of the Site/App/app and Services that require account registration. If your account is terminated or cancelled, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site/App/App. Any User Content associated with your account after your account’s termination or cancellation may not be available to you if you re-register with MyDogBuddy. If following the termination or cancellation of your account, you continue to access and use other portions of the Site/App/App and/or Services, your use will continue to be governed by these Terms. All fees and charges are non-refundable and there are no refunds or credits once your account has been billed, including if your account is terminated, suspended or cancelled. 

 

14. Intellectual Property Rights

Copyright. All materials on the Site/App other than User Content are either owned by MyDogBuddy or are the property of MyDogBuddy’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.

Trademarks. The service marks and trademarks “MyDogBuddy” and the MyDogBuddy logo are owned by MyDogBuddy. Any other trademarks, service marks, logos and/or trade names appearing on the Site/App are the property of their respective owners. You agree that you recognize the rights of MyDogBuddy and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner. 

Ownership and Use. MyDogBuddy retains ownership of its intellectual property rights and you have no rights to MyDogBuddy’s intellectual property or MyDogBuddy’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site/App as you use the Site/App or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site/App/App, other than User Content you create. You agree that we will have a perpetual right to use and incorporate into the MyDogBuddy Service any feedback or suggestions for enhancement that you provide to us concerning the MyDogBuddy Service, without any obligation of compensation.

Your Content.  Other than the non-exclusive license granted to MyDogBuddy with respect to User Content, MyDogBuddy will not acquire an ownership interest in the User Content you post.

15. Employment and Withholding

MyDogBuddy is not an employment service and does not serve as an employer of any user. As such, Users are solely responsible (and MyDogBuddy is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. 

As a Buddy, you acknowledge that you are responsible to pay any taxes that arise as a result of use of services via MyDogBuddy.  

You understand and agree that if MyDogBuddy is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify MyDogBuddy for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

You are responsible for complying with all applicable tax laws and regulations related to your use of the Site/App/App and Dog Walking Services. Without limiting the foregoing, each User is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. MyDogBuddy is not responsible for any taxes related to your use of the Site/App/App or the Dog Walking Services.

16. No Agency

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, MyDogBuddy is not acting as an agent for any Buddy, Parent or any other user or visitor of the Services or the Site/App/App. MyDogBuddy is not an employment service or agency, and does not serve as an employer or referral source for any User.

17. Governing Legislation

The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the Republic of South Africa, applicable to agreements made and to be entirely performed within the Republic of South Africa, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and MyDogBuddy will submit to the exclusive jurisdiction of the Country and courts in the Republic of South Africa.

18. Severability

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms shall remain in full force and effect.

19. Miscellaneous

The Terms (together with the Privacy Policy) represent your and MyDogBuddy’s entire understanding relating to the use of the Site/App/App and any Dog Walking Services provided related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site/App, which may be posted from time to time. Your continued use of the WebSite/App and App after any such changes and/or postings shall constitute your consent to such changes.

You may not assign these Terms without the prior written approval of MyDogBuddy. Any purported assignment in violation of this section shall be void. MyDogBuddy reserves the right to use Third Party Providers in the provision of the Site/App and/or the Content associated therewith. 

In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by MyDogBuddy.

No Joint Venture or Partnership. Nothing in these Terms and Conditions may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.

Complete Agreement. These Terms and Conditions contain the entire agreement between you and MyDogBuddy regarding the use of the Site/App and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.

SMS Messages. Users agree to express consent to receive Short Message Service (SMS) communications from MyDogBuddy. Such SMS communications are primarily intended for the purpose of conveying significant updates pertinent to the Users’ respective MyDogBuddy accounts. Such updates may include, but are not limited to, notifications of Bookings, Booking Requests, and other related correspondences. To opt-out of SMS messages at any time, reply STOP to the last SMS message you received from MyDogBuddy. Standard mobile messaging rates may apply.

Contact Information. If you have any questions or need further information as to the Site/App /App or the Services, or need to notify MyDogBuddy as to any matters relating to the Site/App/App or Services please contact us at: 

Support@mydogbuddy.co.za or admin@mydogbuddy.co.za

10 Cotswold Hill, Woodburn Road

Morningside, Sandton, 2196