Terms & Conditions

These Terms and Conditions in conjunction with the general Disclaimer and our Privacy Policy on our website (“Terms”) govern Your use of this Site as either a person providing or offering to provide pet related services (“Sitter”) or an owner of a pet seeking to obtain the services provided by a Sitter (“Owner”). It also governs the use of the Services facilitated by this Site subject to individual agreement between a Sitter and an Owner.

1. Use of this site

1.1 These Terms represent the entire understanding relating to the use of the Site and the Services (save for each agreement directly entered between each Owner and Sitter relating to each specific Service) and supersede all agreements, arrangements and understandings.

1.2 By registering, accessing or using this Site you agree to be bound by these Terms as amended by us from time to time.

1.3 airPetStays may modify the Terms from time to time and certain provisions of these Terms may be superseded by expressly designated legal notice or terms located at particular pages of the Site which may be posted from time to time. Any modification or changes to the Terms shall be immediately effective upon posting them on the Site. Your continued access or use of the Site shall be deemed conclusive evidence of Your acceptance of the Terms as modified from time to time.

1.4 By registering, accessing or using this Site you certify that You are either 18 years of age or older or You have the permission of Your parent or legal guardian who has reviewed and accepted these Terms. By registering, accessing or using this Site, You warrant that if you are under the age of 18, Your parent or legal guardian has reviewed and accepted these Terms.

1.5 Breach of these Terms may result in your registration and access to the Site being cancelled at our sole discretion.

1.6 If you do not agree to these Terms, You have no right to obtain information from or otherwise continue using this Site and must not use this Site.

2. How the Site works

2.1 airPetStays is a platform which facilitates the connection of pet owners with Sitters who are willing to provide the Services and to deal with each other directly. airPetStays does not and cannot control or endorse the Content contained in any Listing nor does it validate or confirm the conditions, legality or suitability of any Sitter.

2.2 airPetStays is not responsible for and disclaims any and all liability related to any Listings and the Users acknowledge that the receipt and provision of the Services will be made at their own risk. No responsibility is taken for verification of any individual Listings.

2.3 The Site and its Contents including the Listings can be viewed and accessed by all Users without having to register and create an Account.

2.4 Any User wishing to book a Service or create a Listing must first register and create an Account. Your Account will contain your Profile and Listing and you acknowledge that Your Profile and Listing can be viewed by the public.

2.5 You can create an Account by completing the Account Sign Up Form.

2.6 You agree to provide and maintain true, accurate, current and complete information about Yourself and any animal you list on this Site.

2.7 Sitters may create Listings once an Account is set up. To create a Listing, You will be required to provide detailed information about You, Your experience with looking after pets, the pets You have under your control, the relevant insurance cover relating to looking after pets including details of the insurance cover, Your availability, the details of the Services You are willing to provide, bank account details, pricing, the specific terms and conditions of each Service You are offering, related rules and financial terms. You understand and agree that once an Owner books a Service, the price for that individual booking may not be altered.

2.8 airPetStays may, at any time and without any prior notice, at its sole discretion:

2.9 Owners may request and book any Service through their Account by responding to Sitters’ Listings.

2.10 When requesting a booking for a Service, the Owner must set out all material information relating to the care and management of the pet including but not limited to details about the pet, medical conditions relating to the pet, dietary requirements of the pet, contact details to contact the Owner immediately in case of an emergency medical situation relating to the pet, specific instructions about care and management of the pet if there is a medical emergency situation, whether the pet is or has been reported, listed, classified, ordered or declared as a dangerous animal or an animal that requires a particular care or management pursuant to any applicable laws (“Owner Instructions”).

2.11 By using the Site, Owners represent and warrant that their pet is properly trained and is not a dangerous, vicious or anti-social animal and that the pet is not and has not been reported, listed, classified, ordered or declared as a dangerous animal or an animal that requires a particular care, restraint or management (relative to general breeds) pursuant to any applicable laws. Any exception to these representations and warranties must have been fully and fairly disclosed by the Owner.

2.12 Sitters may charge Owners fees for providing services as specified in the Sitter’s Listings.

2.13 Each Sitter must provide the Services they hold themselves out to provide on their Listing and each Owner must pay the applicable fees as specified in the relevant Listing through the Site.

2.14 Each User agrees that, upon a Service being booked through the Site, a binding legal contract is created between each Owner and Sitter subject to these Terms and the terms and conditions specific to each Service (as set out in the Listing relating to that Service).

3. Fees

3.1 There are no fees for accessing the Site or for creating an Account.

3.2 As a Sitter, you may set the pricing and terms for Your Services within the parameters permitted by the Site.

3.3 The fees for each Service booked is subject to the terms and conditions as set out in the Sitters’ Listings.

3.4 To cover the costs of Customer Support and Site administration and in consideration for airPetStays providing the platform to connect Owners with Sitters, airPetStays will charge a Service Fee for each Service booked through the Site.

3.5 The Service Fee is deducted from the amount payable to the Sitter.

3.6 The Service Fee (inclusive of GST) is 15% of the total cost (inclusive of GST) of the Service being booked.

3.7 Changes to the Service Fee or other fees and charges by airPetStays are effective from the date airPetStays posts them on the Site.

3.8 The fees for any Services provided by a Sitter will be held on account by airPetStays. The fees for a Service provided by a Sitter less any applicable fees and charges payable to airPetStays including the Service Fee will be transferred to the Sitter’s nominated account after 48 hours from the completion of the Service provided the Owner has not submitted any written complaints about the Service to airPetStays pursuant to clause 5.6. To effect a transfer of the fees for a Service provided, the Sitter must notify airPetStays in writing and specify the nominated account to which the fees are to be transferred.

3.9 If an Owner lodges a complaint about a Service provided by a Sitter pursuant to clause 5.6, the fees relating to that Service will not be transferred to the Sitter unless and until the complaint is resolved by airPetStays.

4. Credit Card

4.1 The Users agree and accept that when submitting their credit card details on the Site, they will comply with the terms and conditions of the Credit Card Provider.

4.2 The Users authorise the Payment Gateway Provider to:

4.3 airPetStays will charge a further 2.5% (inclusive of GST) on each payment made by a credit card.

5. Cancellation and Refunds

5.1 If an Owner cancels a requested Service after it has been confirmed by the Sitter (Cancelled Service), airPetStays will charge the Service Fee for the Cancelled Service, and will refund all other amounts paid by the Owner for the Cancelled Service to the Owner’s nominated bank account, subject to the following cancellation terms:

5.2 A Sitter cannot cancel a confirmed Service unless the Sitter notifies airPetStays in writing of the Sitter’s intention to cancel the confirmed Service and with the express permission of airPetStays.

5.3 If a confirmed Service is cancelled by a Sitter, airPetStays may take such action as it considers appropriate in relation to You or Your Listing, including without limitation:

5.4 You agree that airPetStays and the relevant Owner or Sitter will not have any liability in respect of any cancellations or refunds.

5.5 Notwithstanding the Terms, each Sitter acknowledges that the Services provided by the Sitter may be subject to certain statutory guarantees under the Australian Consumer Law and nothing in these Terms will operate to exclude or limit the operation of those guarantees to the extent such exclusion or limitation would be contrary to law.

5.6 If an Owner is dissatisfied with a Service provided by a Sitter, the Owner must within 48 hours from the completion of the Service, notify airPetStays in writing and must include reasons for the dissatisfaction with the Service as well as their preferred redress.

5.7 Each of the Owners and the Sitters authorise airPetStays to determine a resolution to any complaints lodged by an Owner at its sole discretion. Each of the Owners and Sitters agree to be bound by the decisions and resolutions made by airPetStays in relation to any complaints lodged. However, airPetStays has no obligation to effect any resolution.

6. Emergency medical situations

6.1 Owners must ensure they provide the Sitter with contact information to immediately reach the Owner in the event of a medical emergency situation in relation to the Owner’s pet.

6.2 In the event of an emergency medical situation, the Sitter agrees to use reasonable endeavours to contact the Owner and notify him or her of the situation.

6.3 airPetStays has no obligations in respect of any individual incident, and any involvement is purely voluntary and on the basis that no risk or liability is assumed by doing so.

6.4 If, following reasonable endeavours, the Owner cannot be reached, the Owner authorises the Sitter and airPetStays to take the necessary actions to care for and treat the pet on the Owner’s behalf (but without any responsibility to do so).

6.5 The Owner acknowledges and agrees that the cost of treating the pet is the sole responsibility of the Owner and each Owner agrees to:

7. Third party content & links

7.1 The Site may include third party Content which is subject to that third party's terms and conditions of use. Nothing on the Site should be construed as granting any licence or right for You to use that Content. You should consult the third party’s terms and conditions of use in relation to any third party Content.

7.2 The Site includes links to third party sites which are not related to airPetStays and in relation to which airPetStays has no control or interest. Links to third party sites do not constitute airPetStays’ endorsement or approval of those sites or of the owners of those sites. To the maximum extent permitted at law, airPetStays is not responsible for and does not endorse, or accept any responsibility for, the Contents or use of these third party sites.

7.3 You accept that it is Your sole responsibility to take necessary precautions to ensure that each such third party sites is free of viruses and other harmful components.

8. Intellectual property

8.1 All intellectual property in relation to Content on this Site belongs to airPetStays or its affiliates or third parties. By using the Site You obtain no interest in that intellectual property.

8.2 All Content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.

8.3 The Contents of the Site must not be modified, displayed, republished, printed, copied, reproduced, distributed, performed, transmitted, posted and or otherwise used in any form or by any means, including mechanical, recording, photocopying, electronic or other means or mirrored or archived without prior written consent of airPetStays.

8.4 When You post any Content to the Site in any format, including any text, photographs, graphics, video or audio, You grant airPetStays an irrevocable, non-exclusive, royalty–free, perpetual licence to publish that Content on the Site. You acknowledge that Content submitted by You will be accessible by the public through the Site.

8.5 You agree that airPetStays is permitted to use the Content posted by You to the Site in any way, now and in the future.

8.6 airPetStays reserves the rights to remove all or part of any Content posted by You to the Site without obtaining Your consent.

8.7 In relation to any Content posted by You on the Site:

8.8 The airPetStays logo is a trademark of airPetStays. Nothing displayed on the Site should be construed as granting any licence or right to use, reproduce or adapt the airPetStays logo without express written permission of airPetStays.

9. Termination and Account cancellation

9.1 airPetStays reserves the rights to suspend, terminate or cancel Your Account, these Terms or Your access to the Site at any time without notice and without giving You any reason or liability to You.

9.2 On cancellation, suspension or termination of Your Account or your access to the Site by You or airPetStays for any reason whatsoever:

9.3 You may cancel Your Account at any time by emailing us at customerservice@airpetstays.com

9.4 If You cancel Your Account, You will be personally liable for any orders You place or charges that You incur before termination or cancellation of Your Account.

10. Compliance with laws

10.1 You accept that it is Your sole responsibility to comply with all applicable local, state, national and international laws and regulations in relation to the use of the Site, Services and any Content You post on the Site including without limitation:

10.2 Without limiting the provisions of clause 10.1, each Sitter is solely responsible for obtaining all necessary insurances, licences, permits, permissions required to offer any Services.

10.3 airPetStays assumes no responsibility for the Sitter’s failure to obtain such licences, insurance, permits or permissions or otherwise comply with any applicable laws, rules or regulations.

11. User Conduct

You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Site, the Services and any Content You post on the Site. In connection with Your use of the Site, Services and any Content You post on the Site, You may not and You agree that You will not:

11.1 use the Site, the Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;

11.2 copy, store or otherwise access any information contained on the Site, the Services or Content for purposes not expressly permitted by these Terms;

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

11.4 interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

11.5 use the Site or Services 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;

11.6 use the Site in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to pet services;

11.7 "stalk" or harass any other User of the Site or Services or collect or store any personally identifiable information about any other User other than for purposes of transacting as an Owner or Sitter;

11.8 register for more than one Account or register for an Account on behalf of an individual other than Yourself;

11.9 unless airPetStays explicitly permits otherwise, request, book or offer any Services for or on behalf of an individual other than Yourself;

11.10 contact a Sitter or an Owner or any User of the Site for any purpose other than asking a question related to the Site (including any Content posted) or Services;

11.11 recruit or otherwise solicit any Sitter, Owner or other users of the Site to join third-party services or websites that are competitive to airPetStays, without airPetStays’ prior written approval;

11.12 impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;

11.13 allow any other person or entity to impersonate You or access Your Account;

11.14 use the Site or Services to find a Sitter or Owner and engage with them for the provision of any Services offered by airPetStays independent of the Site in order to circumvent the obligation to pay any fees (including the Service Fee) related to airPetStays’ provision of the Services or for any other reasons;

11.15 post any false, misleading, malicious, untrue, defamatory, illegal, violates any applicable law or regulation or would give rise to a civil liability or otherwise inappropriate Content on or to the Site;

11.16 use the Site in violation of any:

11.17 modify or mirror any Content on the Site other than as permitted by airPetStays;

11.18 distribute viruses or other harmful compute code;

11.19 systematically retrieve data or other Content from the Site or information about the Users or monitor all or part of the Site or any Content contained in the Site whether by manual methods or automated means such as deep-linking, crawling, indexing, page scraping or other automatic device, program, algorithm or methodology;

11.20 access, tamper with, or use non-public areas of the Site, airPetStays’ computer systems, or the technical delivery systems of airPetStays’ providers; or

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

12. Limitation of Liability & Disclaimer

12.1 In this clause a reference to airPetStays is a reference to airPetStays and its affiliates and third party providers and their respective directors, officers or employees.

12.2 Unless expressly notified to you by airPetStays, airPetStays does not provide any insurance cover.

12.3 The Sitters represent and warrant that they have all necessary insurance cover as required to provide the Services including but not limited to public liability insurance.

12.4 The Owners represent and warrant that they have all necessary insurance cover in relation to their pets including but not limited to personal injury and property damage insurance.

12.5 airPetStays does not provide any insurance cover for the provision of the Service and the Users release airPetStays from any and all liabilities arising from not obtaining adequate, required or necessary insurance cover for the provision of any of the Services.

12.6 airPetStays does not warrant the accuracy, reliability or completeness of the Content on the Site. The Content is provided to You “as is” and on an “as available” basis and on the condition that You undertake all responsibility for assessing the accuracy of the Content and rely on it at Your own risk. All Content on the Site may be changed without notice.

12.7 airPetStays makes no representations or warranties regarding the suitability of any Sitters or any information provided by them or any comments made in relation to them nor the quality, security or positive features of the Sitter or the Sitter’s residency.

12.8 airPetStays does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.

12.9 You acknowledge and agree that airPetStays is not a party to any arrangements between Sitters and Owners and therefore does not warrant or validate or endorse any claims made by Sitters or any aspect of any Users’ Profile or Listing including without limitation medical certifications or insurance coverage held by the Sitter.

12.10 To the maximum extent permitted by law: 12.11 To the extent that a guarantee, warranty or condition implied by law cannot be excluded by law but the liability for breach of that guarantee may be lawfully limited, airPetStays’ liability for the breach of such a warranty is, at the discretion of airPetStays, limited to one or more of the following: 12.12 Without limiting any of the provisions in this clause, each User acknowledges that:

13. Indemnity

13.1 You agree to indemnify and hold harmless airPetStays and its affiliates, director, officers, employees, agents and third party providers (collectively, the “Indemnified Parties”) from and against all claims, costs, damages, losses, liabilities and expenses (including without lawyers’ fees) in respect of any liability, loss or damage (including without limitation property damage, personal injury or death to any person or animal), resulting, whether directly or indirectly from:

13.2 Without limiting clause 13.1, You agree to indemnify and hold harmless the Indemnified Parties to the extent of any expenses incurred on Your behalf pursuant to these Terms.

14. Confidentiality and Personal Information

14.1 Any personal information provided to airPetStays or posted on the Site is governed by the Privacy Policy , save that credit card details are held by the Payment Gateway Provider.

14.2 You are solely responsible for maintaining the confidentiality and security of Your Account, and for all activities that occur on or through Your Account, and You agree to immediately notify airPetStays of any security breach of Your Account. airPetStays shall not be responsible for any losses arising out of the unauthorised use of Your Account.

15. General

15.1 These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. In the event that a dispute arises from these Terms, You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

15.2 These Terms as updated from time to time constitutes the entire agreement between You and airPetStays and governs Your use of the Site and Services, superseding any prior agreements between You and airPetStays. You also may be subject to additional terms and conditions that may apply when You use the Services, third-party content, or third-party software.

15.3 You must obtain airPetStays’ prior written consent and approval to assign any of Your rights or obligations under these Terms. Any purported assignment in violation of this provision shall be void. airPetStays may assign or novate any or all of our rights or obligations under these Terms without Your consent or notice to You and You agree not to object on any ground to, and at Your cost to sign such documents and do such things as necessary to give effect to, any such assignment or novation. Any and all rights not expressly granted herein are reserved by airPetStays.

15.4 If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15.5 airPetStays’ failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision. airPetStays will not be responsible for failures to fulfil any obligations due to causes beyond its control.

15.6 airPetStays reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that airPetStays has the right, without liability to You, to disclose any registration data used to set up Your Account and Account information to law enforcement authorities, government officials, or a third party, as airPetStays believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms (including but not limited to airPetStays’ right to cooperate with any legal process relating to Your use of the Site and Services or a third-party claim that Your use of the Site or Service is unlawful and or infringes such third party's rights).

16. Definitions & Interpretation

16.1 In these Terms:

“Account” means the account containing Your information created when You complete the Account Sign-up Form on the Site;

“Content” means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials;

“Payment Gateway Provider” means the provider of the application provided on the Site that processes credit cards for receiving payments for bookings made through the Site

“Listing” means the profile created by the Sitter through their Account setting out the Services offered and the terms and conditions relating to those Services including the Profile of the Sitter;

“Profile” means that part of an Account which is generally visible to Users;

“Service” means any services offered by a Sitter on the Site through a Listing, including but not limited to home pet boarding, pet-sitting, pet walking, pet training, and pet day care.

“Service Fee” means the fee charged by, and payable to, airPetStays on each transaction between each Sitter and Owner to allow airPetStays to facilitate the Services and to cover the costs of processing payments and administering the Site.

“Site” means the airPetStays.com website, related mobile applications or subsites;

“User” means any person who accesses the Site or opens an Account;

“You” means a person who accesses or uses the Site, whether or not as a User, Sitter or Owner; and

16.2 In these Terms, headings and bold type are for convenience only and do not affect the interpretation, unless the context otherwise requires.