Terms & Conditions
AUSSIE PET NANNY TERMS AND CONDITIONS
Aussie Pet Nanny (trading as Jennifer Minniecon – Sole Trader - ABN 83189794630) provides a pet/house sitting services in the Pet Owners home while the Pet Owner is away (collectively, the Services). The Services are available on the Aussie Pet Nanny’s website at www.aussiepetnanny.com.au(Site).
For avoidance of doubt the term Aussie Pet Nanny, used throughout this document refers to (Jennifer Minniecon – Sole Trader - ABN 83189794630).
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Contract
(a) These Pet / House Sitter Terms and Conditions (or just Terms) form a binding legal agreement between Aussie Pet Nanny and the person, organisation or entity using the Services (referred to as User or Owner). By using the services of Aussie Pet Nanny, each User agrees to comply with and be legally bound by these Terms.
Please read the Terms carefully. If there are any questions, the User is encouraged to contact Aussie Pet Nanny using the contact details at the end of these Terms.
(b) The User’s use of Aussie Pet Nanny’s services indicates that:
(i) the User has had sufficient opportunity to access the Terms and Conditions.
(ii) the User has read, accepted, and will comply with the Terms and Conditions.
(iii) the User has legal capacity to enter into a contract for pet /house sitting services; and
(iv) the User is 18 years or older.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to the Services of Aussie Pet Nanny.
(c) These Terms may be amended from time to time, without prior notice. Use of Services provided by Aussie Pet Nanny following any such amendments will be deemed to be confirmation that the User accepts those amendments. Aussie Pet Nanny recommends that each User check the current Terms and conditions, before continuing use of the Services.
2. Provision of Services Only
(a) Aussie Pet Nanny provides a paid (Service) only. Aussie Pet Nanny is not and will not be made liable or responsible for purchasing any goods or paying for any due payments regarding the pet/s in her care that belong to the User of these Services.
(b)For avoidance of doubt this includes food, treats, toys, bedding, poop bags, collars, leads, car restraints, products for grooming, veterinarian payments and any other items that are necessary for the care of the Users pet/s. The User agrees that all necessary items related to the care of their pet/s are supplied by the User and any other necessary arrangements be made by the User prior to the due date of the pet sit Service by Aussie Pet Nanny.
(c) If by unforeseen circumstances Aussie Pet Nanny needs to make a financial payment towards the pet/s in her care, then the User will be liable to refund Aussie Pet Nanny the full amount as soon as possible. Aussie Pet Sitter will seek approval from the User before making any transactions, however if the User is not contactable and the situation is urgent then the User must reimburse Aussie Pet Nanny as soon as possible. This refers to urgent needs of the pet/s only. Examples or urgent needs are (food) or (emergency vet care). Aussie Pet Nanny will provide the Owner with a copy of the (receipt)for these purchases.
(d) The User must provide all relevant information to Aussie Pet Nanny by filling out the required (Booking) form and by signing the (Declaration) form supplied by Aussie Pet Nanny. The (Booking) form is a valuable resource to Aussie Pet Nanny and Aussie Pet Nanny reserves the right to cancel the pet sit Service if the information on the (Booking) form is not provided.
3. Fees & Cancellation policy
(a) The User is required to pay Aussie Pet Nanny the quoted Booking Deposit; being the cost of one (1) day’s payment before a booking can be confirmed.
The Booking Deposit can be paid by direct transfer to Aussie Pet Nanny ‘s bank account or by cash. Aussie Pet Nanny will provide the User with a receipt when the deposit has been paid.
(b) The User is required to pay Aussie Pet Nanny the full balance of the quoted pet sit prior to the pet sit Service start date. Failure to make this payment will result in Aussie Pet Nanny cancelling the service with the User.
Payment can be paid by direct transfer to Aussie Pet Nanny’s bank account or by cash. Aussie Pet Nanny will provide the User with a receipt for the payment.
(c) The User is also subject to cancellation policy of Aussie Pet Nanny. The cancellation policy is that if the User does not give Aussie Pet Nanny sufficient notice, that being seven (7) days’ notice of cancellation, then the User is charged a cancellation fee; the amount equivalent to one (1) day’s payment for the Service that was booked.
*For example, if the User’s deposit for one (1) day is twenty dollars ($20) and the User cancels the service but does not give the required seven (7) days’ notice then the deposit of twenty dollars ($20) remains the property of Aussie Pet Nanny. In addition to this, late cancellations give Aussie Pet Nanny the right to refuse future bookings with that same User.
(d) Aussie Pet Nanny’s pricing structure or payment methods may be amended from time to time at its sole discretion.
4. The Right to Choose and Refuse
Aussie Pet Nanny reserves the right to refuse a Service at her discretion and is not liable to give a reason for doing so.
Aussie Pet Nanny strongly advises a (Meet and Greet) to take place prior to booking a Service. This way Aussie Pet Nanny and the User will have a firmer idea of whether the Service will be suitable to all concerned.
The User also has the right to change their mind and/or cancel the Service at their discretion and is not liable to give a reason for doing so. The User must cancel at least seven (7) days before the booked Service to have their deposit refunded. This is in accordance with the (Cancellation Policy) in Section 3.
5. Care of Pet/s
Aussie Pet Nanny states that she will care for your pet/s to the best of her ability and according to the instructions of the Owner during the period of the pet sitting Service. This refers to all aspects of care and supervision both in the home, home grounds and when outside of the home grounds such as when walking the pet/s or transporting the pet/s in a vehicle. If, however an incident should happen that resulted in harm or death to the Owners pet/s while in the care of Aussie Pet Nanny then Aussie Pet Nanny will not be held responsible or liable for the incident that caused harm or death to the pet/s of the Owner.
*Example A – if Aussie Pet Nanny walking the pet/s of the Owner and another animal attacked the pet/s resulting in injury or death, Aussie Pet Nanny would not be held responsible for the incident by the Owner nor would she be liable for any expenses that would come as a result of the incident. Any expenses that would come because of such an incident would be the responsibility of the Owner or of the person that was responsible for the animal that attacked the pet/s in the care of Aussie Pet Nanny.
*Example B – if the Owners pet/s appeared ill or if found deceased while in the care of Aussie Pet Nanny, then Aussie Pet Nanny will not be held responsible for the illness of death of the Owners pet/s. Aussie Pet Nanny’s responsibility will be to notify the Owner and receive or confirm instructions regarding what action to take including medication, confining the pet/s so they can rest, vet contact and consultation. If the situation resulted in a pet being deceased then Aussie Pet Nanny would contact the owner and await instructions in regards to disposal of the pets body.
6. Registration and Micro-chip Information – Accidental Escape policy
Aussie Pet Nanny requests that all required pet registrations and microchip details are current and up to date with the correct address and contact phone number before the pet sit Service commences.
*One of the most common mishaps when a pet is being cared for by others is the pet/s escaping. Aussie Pet Nanny asks that all avenues are taken prior to the pet sit Service to prevent your (the Owners) pet from escaping. Making sure the yard is escape proof and if your pet does tend to ‘wander’ it is essential to let Aussie Pet Nanny know and discuss strategies to prevent this from happening.
Aussie Pet Nanny will not be held responsible if the Owners pet/s manage to escape, run away or wander during the pet sit Service. Aussie Pet Nanny will contact you immediately if this were to happen and search the area for your pet. This is the main reason it is vital that the Owner to have pet registrations and microchip details current and up to date with the correct address and contact phone number. If Aussie Pet Nanny was unsuccessful in finding the Owners pet/s then the pet/s details are the best change of he/she being returned to the Owner.
7. Owner Warranties and Representations
(a) Owners represent and warrant that in relation to its home and/ or vehicle (if applicable):
(i) it has full comprehensive and current insurance policies and cover in place for their home and vehicle (if applicable) including insurance for any and all loss, liability and personal injury that may occur to any third party (including Sitters) that is occupying or using the home and/ or vehicle (if applicable) or which results from an act (or failure to act) of any third party (including Sitters) that is occupying or using the home and/ or vehicle (if applicable) during any period of house sitting.
*Note legal requirements in relation to home and vehicle (if applicable) insurance may be different in each local area, State or Territory. Owners are solely responsible for ensuring the legality and appropriateness of any insurance in their own legal jurisdiction.
(ii) that all land rates, property taxes, utilities, mortgage payments, body corporate fees, television/ radio licences, fire, police, ambulance and other emergency services levies, and all other levies, rates, taxes, charges, tolls and/ or tithes that are payable by the Owner are paid for and will be paid for during any period of house sitting.
(iii) that all fittings and appliances (as relevant) are in good working order immediately prior to the commencement of any period of house sitting; and
(iv) that it will be responsible for and bear the cost of any repairs required to be made to their house and/ or vehicle (if applicable) attributable to normal wear and tear including any fittings, appliances and contents (as relevant).
(b) For the avoidance of doubt, Aussie Pet Nanny assumes no responsibility for and makes no representations or warranties for an Owner’s compliance with any applicable laws, rules and regulations or these Terms including compliance with their warranties and representations as set out in this clause.
8. Sitter Warranties and Representations
(a) Aussie Pet Nanny represent and warrant that in relation to any home and/ or vehicle (if applicable) she occupies and uses during any period of house sitting:
(i) that she will be responsible for and bear the cost of any repairs required to be made to the house and/ or vehicle (if applicable) that are attributable to any neglect or misuse including any fittings, appliances and contents and will immediately report the required repairs to the Owner.
(ii) that she will immediately report to the Owners any loss, liability and personal injury that occurs to any third party (including themselves) that is occupying or using the home and/ or vehicle (if applicable) or which results from an act (or failure to act) of any third party (including themselves) that is occupying or using the home and/ or vehicle (if applicable) during any period of house sitting.
(iii) that she will be responsible for her duties to the pet/s in her care and the home as per the negotiations with herself and the Owner;
(iv) that she will keep the home and vehicle (if applicable) clean, tidy and in a good state of repair;
(v) that she will replace any broken items with items of equivalent use and quality;
(vi) that the home and vehicle (if applicable) will be securely locked at all times;
(vii) that she will not do anything, or authorise any third party to do anything that could terminate or invalidate any insurance cover for the home and/ or vehicle (if applicable);
(viii) that she will not smoke in the home, have visitors to the home without prior agreement with the Owner or use any parts of the home deemed ‘off limits’ as per discussed with the Owner.
(ix) that she will collect any mail, put out and bring in wheelie bins as per instructions from the Owner.
(x) that she will leave the house and vehicle (if applicable) clean, tidy and in a good state of repair following any period of house sitting.
9. Dispute Resolution
For disputes between Owners and Aussie Pet Nanny, it is highly encouraged that both parties attempt to resolve disputes (including claims for refunds) with the other party directly and in good faith. It is recommended to refer back to these terms and conditions and to the (Pet Sit) form for reminders of agreements made between both the Owner and Aussie Pet Nanny prior to the pet/house sit. In the event that a dispute cannot be resolved through these means, Owners and Aussie Pet Nanny may choose to resolve the dispute in any manner agreed between them or otherwise in accordance with applicable laws.
10. Reviews and Ratings
(a) Owners may provide a review for Aussie Pet Nanny and Aussie Pet Nanny may provide a review for the Owner. Reviews are welcome on Aussie Pet Nanny’s Facebook Page.
(b) If, in Aussie Pet Nanny’s reasonable assessment, a Review, Rating or Response is untrue, unfair, inaccurate, offensive or inappropriate, Aussie Pet Nanny reserves the right to delete the Review, Rating and/or Response .
11. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted, or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Aussie Pet Nanny: Ie guarantee that the Services I supply to you are rendered with due care and skill; fit for the purpose that advertised, or that you have told us you are acquiring the Services for a result which you have told us you wish the Services achieve, unless I consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent I am unable to exclude liability; our total liability for loss or damage you suffer or incur from my Services is limited to me re-supplying the Services to you, or, at my option, refunding you the amount you have paid me for the Services to which your claim relates."
These are the terms and conditions supplied by Aussie Pet Nanny
(Jennifer Minniecon – Sole Trader - ABN 83189794630).
If you have any further questions I can be contacted via email
Thankyou
Aussie Pet Nanny