Furpal Terms & Conditions
Last updated: July 2019
The website (the "Website") and the associated 'Furpal' mobile application ("App") are operated by Kydauz Pte. Ltd., a company registered in Singapore, registration number 201606868D with its registered office at 229 Mountbatten Road #02-03, Singapore 398007 ("Furpal", "we", "our" or "us").
The following definitions, in addition to those set out herein, apply in these Terms and Conditions:
"Content" means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or Furpal, through their use of the Service, including as displayed in their Profile;
"Platform" means the App and the Website, including all Services made available via the App and the Website;
"Profile" means the information held by Furpal about a User of the Platform, such information having been submitted by the User to whom the information relates to;
"Services" means the Furpal Services;
"User" means any person who registers their details for an account with the Platform, including Furfriends and Owners;
1. Acceptance of Terms
Your access to and use of the Platform is subject to these Terms and Conditions. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the Platform and remove the App from your device.
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.
2. Nature of our Site and Services
The Platform provides a meeting place for Users who are dog owners ("Owners") and Users who would like to be furfriends of dogs ("Furfriends"). This is enabled through various services, tools and facilities accessible on the Platform (the "Basic Services"), including:
creation of an Owner's Profile, with information about their dogs and their likes and dislikes (the dog's, not the Owner's!);
creation of a Furfriend's Profile, with information about themselves, their experience with dogs and why they want to play or spend time with a dog; and
access to a searchable database of these Profiles.
Furpal is a neutral venue for Owners and Furfriends. Furpal does not provide pet care services. Furpal 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 Furpal is not a party to any agreements entered between the users, nor is Furpal a broker, agent or insurer.
Notwithstanding the above, Furpal offers a payment policy to safeguard the payments between Owners and Furfriends.
While we may help facilitate the resolution of disputes, Furpal has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Owner 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.
Furpal does not endorse any User on the platform. Any references to a User being "verified" (or similar language) only indicates 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 Furpal about any User, including the User's identity or background or whether the User is trustworthy, safe or suitable.
We conduct a review of Owner and Furfriend profiles when they sign up and we may facilitate background checks on Owners and Furfriends conducted by a third party, but, except where explicitly specified in the Furpal Terms, we do not otherwise screen Owners and Furfriends.
As a result, Furpal 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, and makes no representations about any such User Content on the Site. Furpal does not have control, supervise or provide equipment to the Owners, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Owners.
Furpal further makes no representations about the Furfriends. You should make your own assessments of the persons you decide to interact with, engage or provide services to. Furpal has no control over the conduct of members of the site and disclaims all liability in this regard. Members are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each Owner 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 Furpal may receive positive assessments or comments by the Site or its users, Furpal makes no representations or warranties regarding the quality, security or positive features of the Owner, the Owner’s residence or the Furfriend.
Because we are not involved in User-to-User dealings or control the behaviour of users, users must resolve any issues, disputes or concerns directly with each other. You agree to release Furpal from any claims or liability that may arise from any disputes between you and other users. As a user, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Owner-provided Services, is entirely your own. You acknowledge and agree that Furpal is not liable for any damages associated with the Furpal Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Owner, the Furfriend, any family member, friend, pet or other affiliate of the Owner or any other third party).
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Furpal, Furpal will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Furpal from any claims, demands and damages arising out of your disputes with users of our Services.
Furpal is not a party to any agreement or transaction between Furfriend and Owner and, as such, cannot verify or otherwise authenticate any claims made by the Owner (including any medical certifications or insurance coverage held by a Owner). 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 yourself prior to engaging the Owner for a play session or other pet-care related services.
We may provide suggested or optional default terms for transactions between Owners and Furfriends, or otherwise between members. 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 Owners, Furfriends, or other users of the Site. 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.
Should Furpal not be able to contact the Owner or the emergency contact, Furpal will use its best judgment to find alternative care for the pet until the Owner is able to retrieve his/her pet. If you are an Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Furpal.
If you are an Owner, you hereby authorize your Furfriend and Furpal to obtain and authorize 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 Furpal. If your Furfriend reaches you with a request to authorize medical care for your pet and you refuse, you release the Furfriend and Furpal for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available. Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Owner, you hereby authorize Furpal to charge you for such costs.
Users provide Furpal with their mobile phone number as part of the registration process or in their account settings. Users who provide Furpal with their mobile phone number may receive text message communications from Furpal on their cellular phones and/or mobile devices. By providing Furpal with your mobile phone number, you consent to Furpal sending text messages to your cellular phone and/or mobile device. Furpal does not charge for sending text messages, but your carrier may charge you.
Users of Furpal’s mobile applications may have the option to receive push notification alerts from Furpal. If push notification alerts are available, you will be given an 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 may include certain services that are available via a mobile device (collectively, the "Mobile Services"). To the extent you access the Site 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, Furpal cannot guarantee the continuous and uninterrupted availability and accessibility of the Furpal Platform. Furpal may restrict the availability of the Furpal 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 Furpal Platform. Furpal may improve, enhance and modify the Furpal
Platform and introduce new Furpal Services from time to time.
There may be variations in the features or interface design accessible through the App. You acknowledge that specific functions may need to be completed on the Website.
You must be at least 13 years old to register and use a Furfriend account on the Platform. By registering for a Furfriend account, you warrant that you are at least 13 years old.
If you are an Owner, your dog must be at least 8 weeks old. By registering for an account, Owners represent and warrant that their dog(s) is/are at least 8 weeks old.
Potentially dangerous dogs, known as Scheduled Dogs, listed under the Scheduled Dogs Section of the Animals and Birds (Dog Licensing and Control) Rules, for example pit bull terrier and Japanese tosa, are not permitted to be registered on the Platform.
You must not publicly include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.
You must be the legal owner of a dog for which you create an Owner's Profile.
For Furfriend, Owners and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others.
You are not allowed to use our Site or Services to break the law. At all times, you have to comply with all applicable laws.
Furpal has no obligation to conduct background or police checks of its members. 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 provides 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.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any 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:
Ask members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or background of members (we do not store your government identification);
Screen members against third party databases or other sources and request reports from service provides
If requested by Furpal, you agree to provide Furpal with such identification documents (for example copies of ID or passports) or other information as may be needed or requested by Furpal.
Furpal does not store any copies of ID or passports. We only use them to counter check and verify the information that members have given to us.
Additional services, tools and facilities are accessible on the Platform, including:
Communication with, or about, other Users
As a Furpal Member, we permit your access to and use of communication tools, such as email, bulletin boards, chat areas, news groups, forums, ratings, reviews, push notifications and/or other messaging or communication facilities which enable Users to communicate with each other, provide feedback on other Users and, in particular, to arrange a preliminary meeting between a Furfriend, Owner and dog. See clause '6 Acceptable Use' for details of provisions which apply to your use of such communication services and Content restrictions.
You acknowledge that by using the Furpal Service you are requesting immediate performance of this contract for Furpal Services.
3. Privacy & Cookies
4. User Account, Password & Payment
When you sign up for an account on the Platform, either as an Owner or a Furfriend, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services.
You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Furpal be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person's account at any time.
In addition to signing up for an account on the Platform, as an Owner, you are subjected to fees, including:
30% commission fee of every transaction made
As a user who purchases the Furpal Services on the Website, you hereby authorise us to bill you via your preferred payment method, details of which you provide to us during the registration process, for the applicable fee in advance on the date of registration and each anniversary thereafter for the duration of your account. The fees: (a) shall be payable in the currency indicated in the membership plan selected by you; (b) are non-refundable, unless this agreement expressly provides otherwise (including clause '7 Termination' and clause '8 Cancellation and Refunds'); and (c) are inclusive of any applicable sales tax.
If we are unable to bill you via your preferred payment method within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the Platform and we shall be under no obligation to re-enable the same until such fees have been paid.
We reserve the right to vary the fees in accordance with these Terms and Conditions. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platform after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).
Furpal reserves the right to correct any errors or mistakes that it makes in relation to fees even if it has already requested or received payment.
If you are an Owner, you pledge that you will provide accurate and up-to-date information about you and your dog and that your dog is safe and in good health for borrowing by a Furfriend.
If you are a Furfriend, you pledge that you will provide accurate and up-to-date information about you and your experience with dogs and that, when entrusted with a dog for a play session, you will use your best efforts to ensure safety for the dog, keep the dog on its lead if the Owner allows you to take the dog out for a walk (unless you have written permission from the Owner to let the dog off the lead) and follow any instructions provided by the Owner regarding safety and care of the dog. You also acknowledge that you will be responsible for the safety and well-being of the dog during the play session time.
The above pledges are made as between the Owner and the Furfriend, and are not guaranteed by Furpal. In no event shall Furpal be responsible or liable to you as a result of the failure of an Owner or Furfriend (as applicable) to comply with the above pledges.
6. Acceptable Use
You acknowledge that Content, whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. Furpal will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Platform and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.
In using the Platform, you agree not to:
send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; or
accept or seek payment from another User. In particular, you agree that you will not use the Platform to make financial gains (whether pecuniary or otherwise) when taking care of a dog.
We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.
7. Suspension and Termination
You may terminate your account on the Platform at any time, for any reason, without explanation, by cancelling your account and ceasing all use of the Platform, including uninstalling the App.
Furpal reserves the right to do either of the following without notice and in its sole discretion:
terminate these Terms and Conditions;
suspend or terminate your access to all or part of the Platform (including deletion of your account); and/or
remove your account information or data from the Platform, including Profiles, and any other records,
in the event you commit a material or persistent breach of these Terms and Conditions, the Platform is discontinued, we lose the right to provide you with the Platform or where the provision of the Platform or a particular Service becomes unlawful.
In the event your account is terminated by us (excluding termination due to your breach of these Terms and Conditions), as an Owner, you may request a refund for any fees that have not been transferred to you that you have earned through the Furpal Services.
Following termination of these Terms and Conditions for any reason:
all rights, licences and permissions granted to you under these Terms and Conditions shall cease;
you must immediately stop using the Platform (including uninstalling the App) and shall not register for another account unless expressly permitted by Furpal; and
Furpal reserves the right to notify other Users with whom you have communicated of such termination.
When this Agreement has been terminated, you are not entitled to a restoration of your Furpal Account or any of your User Content. If your access to or use of the Furpal Platform has been limited or your Furpal Account has been suspended or this Agreement has been terminated by us, you may not register a new Furpal Account or access and use the Furpal Platform through an Furpal Account of another User.
8. Cancellation and Refunds
As a Furfriend, you are allowed to cancel your booking before a minimum of 5 days from the date of the play session. You will not be refunded but will be asked to modify to change your play session to another date and/or time or another dog. Once you have booked a play session there will be no refunds.
As an Owner, you would have to notify the Furfriend a minimum of 5 days in advance of the date of the play session if you have an emergency situation that has caused you to be unavailable for the date and time of the play session booked by the Furfriend. If you cancel the play session below the minimum required number of days, you have to pay a penalty fee of $5 to Furpal for the inconvenience. To dispute this penalty, please email email@example.com with the reason why you should not be penalized and we will make a decision within 30 days if we can refund you your penalized amount.
9. Gift Vouchers
If you have sent or received a Furpal Gift Voucher, then please see our related terms which are hereby incorporated into these Terms and Conditions by reference.
10. Links to Third Party Websites
The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Furpal is not responsible for the content or availability of any such sites.
Furpal may also offer Owners and Furfriends phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the Furpal Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third party consultation service in the event of any claims arising from their services.
Such Third-Party Services may be subject to different terms and conditions and privacy practices. Furpal 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 Furpal of such Third-Party Services.
11. International Use
You agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Unfortunately, you may only use the Services if you are resident in a country in which we operate.
We currently operate in the following countries:
12. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the Platform you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The Platform, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Platform for personal, non-commercial home use only.
Furpal does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the Platform. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the Platform. This licence shall be terminated when such Content is deleted from the Platform by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes.
The name FURPAL and the Furpal logo are trade marks of Furpal.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Furpal, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, directors, employees, independent contractors, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
your use of the Services;
your use of or inability to use the Platform;
any Content transmitted by you on the Platform;
any use of your Account
your violation of any terms of these Terms and Conditions or your violation of any rights of a third party; or
your violation of any applicable laws, rules or regulations when using the Platform;
Your violation of any rights of another person or entity.
Furpal does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Furpal and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems
15. Sub-Contracting by Furpal
Furpal reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Carousell deems appropriate.
16. Disclaimers and Limitation of Liability
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Furpal makes no warranty that material on the Platform (including the Content) will be accurate or reliable, that the functionality of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or that the server that makes the Platform available is free of viruses or anything else which may be harmful or destructive.
You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements. You assume full responsibility for results obtained from the use of the Platform, and for conclusions drawn from such use.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the limit specified in clause 15.8, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into these Terms and Conditions.
If you arrange to meet an Owner or a Furfriend through the Platform, the obligations arising in relation to the meeting(s) are directly between you and the Owner or Furfriend (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you and the Owner or the Furfriend (as applicable) about the meeting(s). As such, and by way of example, in the event of your dog suffering injury, illness or death as a result of any act or omission of any Owner or Furfriend (or any other person), you (as an Owner) having any complaint about the quality of the Furfriend's treatment of your dog, or you (as a Furfriend) having any complaint about the quality of the Owner’s treatment of their own dog, or you having any other complaint at all about an Owner or Furfriend you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.
We only allow use of the Platform for domestic and private use. You agree not to use the Platform for any commercial, business or re-sale purposes, and we shall have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Furpal for: (i) death or personal injury as a result of our negligence; or (ii) fraud or fraudulent misrepresentations by Furpal; or (iii) any other liability which cannot be excluded or limited by law.
17. Governing Law and Jurisdiction
You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.