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General Terms and Conditions of Sale

General Terms and Conditions of Sale for the site http://nz.holidog.com provided by the Holidog company.

Version made available online on September 28, 2015.

I – About the General Terms and Conditions of Sale

I.1 - Scope

These General Terms and Conditions of Sale (hereafter “Terms” or “General Terms and Conditions of Sale”) apply to the services offered on the website http://nz.holidog.com.

The services offered on this site are provided by the Holidog company, a simplified joint stock company with a share capital of 46,537.20 Euros registered with the Business and Companies Register of Paris under the number 492 909 007 with its head office located at 54 rue de Paradis, 75010 Paris, France (hereafter “Holidog”).

The host of the website is ensured by the Hosteur company, a limited liability company registered with the Business and Companies Register of Aix-en-Provence under the number 445 005 812 with its head office located at 2 avenue des Déportés de la Résistance, 13100 Aix-en-Provence, France.

I.2 - Definitions

In these Terms:

I.3 - Online Acceptance of the General Terms and Conditions of Sale

The use of the Site and of the Service is dependent on the acceptance of the current Terms that are systematically accessible on the Site. The current Terms determine the rights and obligations of Holidog and of the Members (together, the “Parties” or individually a “Party”) to the different contracts offered on the Site.

At the time of the creation of a User Account, the Members must click the box “I accept the General Terms and Conditions of Sale of the site and of the service provided”.

Only the acceptance of the Terms enables Members to access the services offered by the Site. All Terms in their entirety are accepted. Members cannot choose to adhere to only one part of the Terms and disregard others.

By accepting the Terms, the Member accepts in particular Article III.3 of the Terms concerning the conduct regarding Members’ personal information.

In any case, only by validating their registration, creating a User Account, ordering or signing up to a subscription on the Site, the Member declares to have read, understood and fully accepted terms of the aforementioned registration, creation of a User Account, order and/or sign up to a subscription on the Site, as well as the entirety of the current General Terms and Conditions of Sale.

In the case of failure to uphold either one of the obligations organised by the current Terms, Holidog reserves the right to delete the User Account concerned.

I.4 - Modification of the General Terms and Conditions of Sale

Holidog reserves the right to modify at any time, the Terms, the features offered on the Site, or the functioning regulations of the Service.

The change will take immediate effect upon the posting of the Terms that any user acknowledges having previously consulted.

Holidog particularly reserves the right to offer new services that are free or for payment on the Site.

The refusal of the new General Terms and Conditions of Sale must be absolutely explicit; without such explicit expression before the coming into effect of the new provisions, the Member shall be deemed to have accepted the changes.

I.5 - Using the Service

To register and benefit from the Service offered by Holidog, each Member must create a User Account beforehand, by providing their own personal information. That is essential to the smooth running of the Service (particularly last name, first name, age, title, telephone number and a valid email address, the characteristics of the animal to be cared for if applicable etc…) The Members must certify that they are older than 18 years old when they subscribe and are fully legally capable of contracting.

The Member is responsible for the information provided to Holidog in their User Account and undertakes to verify that this information is correct and up to date at all times. In the case of an error, the Client must immediately rectify this information or inform a Holidog operator.

Holidog cannot, in any case, be held responsible for information communicated by Members that could be wrong or fraudulent.

The Members commit to not creating or using other accounts that the one they have created initially, whether it be under their own identity or that of a third party. Any exemption to this rule should be the object of an explicit request from the Member and of a specifically expressed authorisation by Holidog. In the event of the creation or the usage of new accounts under their own identity or that of a third party without having asked for and received Holidog’s permission, the Member’s accounts along with the associated services could be suspended.

II – About the Connecting Service with Petsitters offered by Holidog: GoHoliday, GoWalk, GoNanny and GoSchool

II.1 - Description of the Service

Holidog provides a search and connecting service putting Clients in contact with Petsitters (hereafter the “Connecting Service”).

The Connecting Service includes the supply of the following services:

The Connecting Service allows the usage of the following services directly provided by the Petsitter:

The Care, Walking, Visiting, and Training services are hereafter named separately or together as a “Petsitting” or “Petsittings”.

The Connecting Service offered by Holidog does not include the Petsitting (Care, Walking, Visiting, or Training Services). The Petsittings are exclusively ensured by the Petsitters according to the terms concluded between the Petsitter and the Client. A template contract is available on request from Holidog.

Additional, payable options are available for the following particular demands (hereafter the “Options”):

II.2 - Service Proceedings

The Connecting Service proceeds in the following manner:

II.3 - Subscription Conditions

The registration to the Connecting Service subscription offered by Holidog is carried out through the Site.

By subscribing to one of the subscription packages with the Connecting Service, it is reminded that the Client accepts the current Terms and Conditions of Sale, which the Client recognises to acknowledge, to have understood and to have accepted without reservation and in full knowledge of their grounds.

Holidog offers three different subscription plans to the Connecting Service: a three-month subscription with a single payment, a six-month subscription with a single payment, and a yearly subscription with a single payment.

Each subscription package renews automatically when the period comes to an end. Nevertheless the Client can deactivate the automatic renewal at any time on their User Account. In order to be successful the deactivation must be done before midnight on the last day of the month before the renewal, otherwise the request will be taken into account for the following subscription period.

II.3.a - Three-month subscription, with a single payment

Selecting the three-month subscription activates the subscription for a period of three months. The fee paid for this subscription will be carried out in one single payment, at the time of subscription.

II.3.b - Six-month subscription, with a single payment

Selecting the six-month subscription activates the subscription for a period of six months. The fee paid for this subscription will be carried out in one single payment, at the time of subscription.

II.3.c - Yearly subscription, with a single payment

Selecting the yearly subscription activates the subscription for a period of one year. The fee paid for this subscription will be carried out in one single payment, at the time of subscription.

II.4 - Conditions of individual subscription

Holidog also offers an individual and one-off payment for the service through the Site.

II.5 - Charges and payment

The Connecting Service charges payable to Holidog, as well as the Petsitting fee, are indicated as a quote when a search is launched on the Site.

The service charges proposed on the Site are those in effect when a booking is made.

The charges may be modified. In this case, the modifications only apply for future bookings, thus bookings that have already been paid will not be affected by changes in charges.

The Petsitters are solely responsible for the price fixed on their Petsitting advertisement.

The fees corresponding to the Connecting Service and the Options are paid by the Client to Holidog. The Petsitting fee is paid directly by the Client to the Petsitter and it is the responsibility of the Client and the Petsitter to carry out any administrative or legal steps, which may apply to them.

The Client will receive a payment confirmation email when the booking has been validated.

II.6 - Client obligation and responsibility

Upon signing up on the Site, the Client has the responsibility of declaring to Holidog all the details involving the care of their Animal. These details include the particular behaviour of the animal (for illustrative purposes: an animal prone to running away, sick animals, animals that like to climb, destructive animals, noisy animals, dogs that bark, aggressive animals, sociable animals, animals who don’t like children, etc.) and any information related to the safety, training or biological, physiological, hygienic and behavioural needs that must be respected during the Petsitting. The Petsitters will respond depending on these details.

The Client is informed that, by not respecting these essential conditions, this could result in the Petsitter’s refusal to take on the Petsitting. In such a case, there will be no refund of the Connecting Service fee paid to Holidog and the Petsitting fee paid to the Petsitter. In addition, the Client is informed that the Petsitter may demand that the Client collects or has the Animal collected within the day at the Client’s own costs. If the Client is unable to collect the Animal, the Petsitter will decide if there will be an additional charge, or, otherwise, place the Animal in a kennel or with an association, the fees of which are to be paid by the Client. This decision will be taken depending on the seriousness of the Animal’s behaviour that has not been declared and is recognised.

The Client is responsible for communicating with the Petsitter via the messaging service and assuring their preliminary agreement as well as their availability before making the booking and paying the fee to Holidog. Holidog cannot be held responsible if the Client books a Petsitter without having verified these two criteria.

It is the Client’s responsibility to contact the Petsitter as soon as possible after a booking has been made. Holidog strongly recommends that the Client conducts a preliminary meeting with the Petsitter before the assignment takes place.

Members recognise and accept that all Petsittings that take place from the Holidog Connecting Service must be subject to an earlier preliminary agreement on the Site.

Holidog can moderate messages sent between Clients and Petsitters.

Holidog manually validates Petsitter profiles before they are publicly visible to the Clients. In the case that the Petsitter is unable to competently conduct a Petsitting, the Client must inform Holidog immediately.

Holidog reminds Clients that all bites, harm caused by the animal, falls in to their responsibility and that the Client should indemnify the victims for any harm caused. Each Client is responsible for taking out their own insurance for all the damages that could be caused by their animal (the majority of third person liability of household insurance covers these risks in principle). In order to check that they are covered in case of damages caused by their animal, Holidog strongly recommends that Clients contact their insurance company. Some of these cases are covered by Holidog’s insurance. Certain cases are covered by the Holidog insurance.

If Holidog provides the Client with a platform, they are reminded that the contents of this platform are provided by the Petsitters and the Clients. Holidog does not guarantee that the information contained on the Site is not exempt from inaccuracy. In this regard, it is the Client’s responsibility to ensure the accuracy of the information provided, through using the messaging service or other methods available to them, and to take all the necessary precautions in making their choice and assuring this responsibility. Holidog cannot be held responsible in any case for the Client’s choice or the cancellation of a Petsitter.

II.7 – Petsitter obligations and responsibilities

Once registered on the Site, the Petsitter is committed to providing all exact information concerning themselves and their accommodation.

Holidog strongly recommends that Petsitters study the legal or regulatory requirements that are applicable to them in terms of their personal situation and to conform to them.

The Petsitter commits to communicating with the Client via the messaging service and to not send their contact details to the Client before the booking has been made by the Client through Holidog.

Members recognise and accept that all Petsittings taking place resulting from the Holidog Connecting Service must be subject to a prior agreement on the Site.

Holidog can moderate messages sent between Clients and Petsitters.

Each Petsitter commits to being covered by third person liability insurance.

II.8 – Holidog obligations and responsibilities

Holidog’s activity is limited to putting people in contact with each other. The Site consists of a simple platform. Holidog does everything within its power to provide a platform of Petsitters at the Client’s disposition, to update the platform regularly, and to conduct the Connecting Service. Holidog never interferes, at any moment, in the Petsittings that take place.

It is reminded that Holidog is a third party to the relationship between Members and has no obligation in respect to the Petsitting carried out.

The users of the Connecting Service (Petsitters and Clients) act upon their sole and entire responsibility, the Petsitting resulting exclusively from the agreement between the Petsitter and the Client. In this respect, the effective conduct of the Petsitting, proposed by the Petsitter and accepted by the Client, is not attributable to Holidog’s responsibility, on whatever basis this may be, given that the service proposed by Holidog is a mediation service.

Holidog is not responsible for the performance of the Petsitting (the caring, the walking, the visiting, or the training) by the Petsitter. In case of a claim by the Client related to the Petsitter’s Petsitting, only the responsibility of the Petsitter can, as the case may be, be invoked. In addition, Holidog is not responsible for and gives no guarantee in connection with the payment of the Petsitter by the Client. In particular, Holidog will not be liable to a Member for any fraudulent use of payment instruments by a Client.

Holidog shall not be liable for any loss or damage arising as a result of, notably:

II.9 – Withdrawal Option

In accordance with the applicable and current consumer codes of practice, the right to withdraw is excluded in the case of the provision of a Petsitting service which has already begun, with the agreement of the consumer, before the end of the withdrawal period of fourteen (14) clear days. IN THIS RESPECT, THE CLIENT EXPLICITLY RECOGNISES AND ACCEPTS THAT HOLIDOG STARTS PROVIDING THE CONNECTING SERVICE (OPTIONS INCLUDED) FROM THE ACCEPTANCE OF THE OFFER BY THE CLIENT, REALISED BY THE PAYMENT OF THE OFFER TO HOLIDOG AND EXPRESSLY RENOUNCES THE RIGHT TO WITHDRAWAL WHERE REQUIRED.

As such, the Client is specifically informed that the withdrawal period stated in the consumer codes of practice is not applicable to the Connecting Service.

III - General

III.1 - Site Access

Holidog endeavours to ensure a 24-hour / 7-day Site and Service availability. However, it may happen that access to the Site or Service is interrupted as part of maintenance operations, the uploading of new material or software, emergency repairs on the site, or independent circumstances beyond the control of Holidog (e.g., failure of telecommunications links and equipment). Holidog agrees to take all reasonable steps to minimize these disruptions, so long as they are attributable to it.

Members acknowledge and accept that Holidog assumes no responsibility for any unavailability, suspension or interruption of the Site or Service and cannot be held liable for direct and indirect losses of any nature resulting from this fact.

In all cases, and without prejudice to what has been stated above and in other clauses regarding Holidog’s absence of liability, any cause of responsibility that could be held against Holidog may only give rise to the payment of a compensation, the total of which shall be limited to the total amounts debited under the Service fees.

III.2 - Interruption and suspension of access to the Service and/or the Site

In case of failure to comply in whole or in part the obligations arising from the present Terms, incident of payment, supplying of wrong information for the creation of a User Account or acts which may harm the interests of Holidog or for any other objective reason, the Members acknowledge and accept that Holidog reserves the right to suspend at any time and without notice, access to the Services offered on the Site or, depending on the gravity of the acts, to cancel the subscription and the User Account of the Member without the Member being able to claim for any compensation.

Holidog also reserves the right to refuse a contract with a Member who has been excluded or punished for such acts.

III.3 - Treatment of Members’ Personal Data and Site Content

III.3.a - General provisions

In accordance with applicable laws, Holidog has made a prior declaration on the treatment that it operates on personal data that concerns you to the relevant authorities.

The party responsible for processing your personal data is Holidog. In accordance with applicable laws, those who have access to your personal data are Holidog employees and service providers, whose task is to operate the Site or provide the Service.

Data indicated as mandatory in the form to become a user of the Site and the Service require an exact answer from you. Any missing information or answers that Holidog deem abnormal are susceptible to Holidog’s refusal to consider your application to the service.

The data collected by Holidog as part of the services provided on the Site are treated in accordance with applicable laws.

III.3.b - Transmission of your personal data to third parties

In accordance with applicable laws, Holidog reserves the right to transmit all or part of the personal data about Members in compliance with applicable laws.

Any use of personal data other than indicated above shall be subject to individual prior explicit consent on the part of the Members.

In accordance with applicable laws, Holidog shall obtain the agreement of all Members before sending their data to commercial partners for direct marketing operations using a tick box.

III.3.c - Right of access, correction and objection

In accordance with applicable laws, you have the right to access and correct personal data about yourself by contacting the webmaster of the Site, except for personal data you provided Holidog with when you filled out your online application form, which invokes your sole responsibility to modify and update it, as is stated in Article III.3.d of these Terms.

In accordance with applicable laws, you have the right to object free of charge, concerning your personal data being used for marketing, including commercial, purposes by Holidog or its commercial partners. If your right to object is exercised on this basis directly with Holidog, the latter agrees to pass on your opposition to its contractual partners to whom it might have transmitted your personal data.

In accordance with applicable laws, Holidog reserves the right to transmit your personal data in order to comply with a legal obligation or pursuant to the decision of a judicial, administrative, or independent administrative authority.

III.3.d - Updates of personal data

You undertake to update your personal data, as necessary. You further undertake that your personal data is accurate, complete and unambiguous. You can at any time access, by using the site with your password and login, to your User Account containing all the personal data you have provided to Holidog.

III.3.e - Personal data security

In accordance with applicable laws, Holidog is committed to providing the necessary safeguards, in view of the nature of data and risks of treatment, to preserve the security of personal data and, in particular, prevent your personal information from being distorted, damaged, or accessed by unauthorized parties.

Information allowing the Member to identify themselves, such as the username and password, is personal and confidential. This information may be subject to modification on the initiative of the Member or Holidog particularly if the password is forgotten. The Member is solely responsible for the use of its identification elements; they must keep it secret. Any disclosure on their part cannot in any way trigger Holidog’s liability. Any order placed using the login and password of the Member is deemed to have been made by the latter. Holidog shall not in any event be held responsible for damages caused by the releasing of personal and confidential data by the Member and thus the use of this data by a third party. Holidog cannot in any event be pursued for any damages of whatever nature these may be, whether damage to reputation or to image or data loss that may arise from the use of the services offered by Holidog.

III.3.f - Site hosting

The site host mentioned in section I.1 of these Terms is acting as a subcontractor of Holidog within the meaning of applicable laws, only upon written instruction by Holidog, and does not have the right to use the personal data of users to which it may have access, except for the enforcement of hosting technical services and databases management and only in the contractual conditions signed between Holidog and the host and which cannot derogate from this article.

III.4 - Intellectual Property

The http://nz.holidog.com site is the property of Holidog. All elements of the Site, whether visual or audio, text, layouts, illustrations, photographs, documents and other items, including the underlying technology, are protected by copyright, trademarks and patents law. Total or partial reproduction of the elements accessible on the Site is strictly prohibited.

The Site visitor agrees not to reproduce any element of the Site. Any contrary use of all or part of the Site or any of its elements constitutes an offense of counterfeiting liable to involve civil and/or criminal proceedings and makes the illegal user liable to the appropriate punishments.

III.5 - Content of the Site provided by the Members

Holidog is not responsible for the content placed on the Site by Members. It is up to users to warn Holidog for content of a criminal nature on the Site so that it can be withdrawn. Once it has been brought to the attention of Holidog that the content infringes the rights of third parties, Holidog will do everything possible to remove the disputed content of the Site as soon as possible.

No user of the Site may publish defamatory information that is abusive or detrimental to third parties. Having read any conflicting information to do with ethics, Holidog will remove these items.

Petsitters and Clients agree in advance that opinions about them can be published on the Site. They also agree that their experience level is calculated and published according to criteria decided by Holidog.

III.6 - Partner Sites

By accepting the current Terms, you agree that the information provided at the time of registration is published on the website of Holidog. Holidog reserves the right to reproduce any information contained on the Site or on partner sites. In particular, the advertisements published on one of the sites edited or co-edited by Holidog can be reproduced on other websites edited or co-edited by Holidog or third parties.

III.7 - General Modes of Payment for all Site Services

The rates of Holidog are denominated in pounds and include all taxes.

Payment for Services will be made by credit card (Visa, Mastercard). Payments are secured by a data encryption procedure to prevent interception of this information by third parties.

Payments made by the Client shall be considered final after the actual receipt of money.

Holidog will not be liable for any fraudulent use of payment instruments on the Site.

III.8 - Newsletter Subscription

By agreeing to the current Terms, the Member authorizes Holidog to send emails to the address that they have indicated at the time of registration, subscription or order.

Unsubscribing from the newsletter is possible at any time via the "My Account" section.

III.9 - Safeguard Clause

If one or more provisions of these Terms were declared invalid under any law or regulation or a final court decision, the other provisions would retain strength and significance.

III.10 - Transfer of Rights and Obligations

In case of total or partial transfer of Holidog’s business, the contracts between the Member and Holidog and/or successors and beneficiaries shall remain binding between the Parties. Contracts entered into by Holidog cannot be transferred by the Member without Holidog’s prior written consent.

In any case, Holidog may assign or transfer all contracts, rights and obligations to which it is a party without obtaining the Member’s prior consent.

III.11 - Force majeure

Holidog shall not be considered as having any responsibility for any partial or total non-fulfilment of its contractual obligations, which would be as the result of any unforeseen event or force majeure, which is beyond its control or wishes.

III.12 – Convention on Evidence

The Member acknowledges the validity and probative value of exchanges and of electronic records kept by Holidog, and admits that these elements receive the same probative value as a written statement signed by hand.

Members recognize that communications and computerized records of the Site shall be considered by the Parties as proof of trade, orders, payments and transactions between the Parties, unless it is proved otherwise.

If Holidog has to communicate them, they will be deemed admissible, valid and enforceable between the Parties, in the same way, under the same conditions and with the same probative value as any document created, received or kept in writing, except in the case of obvious mistake of Holidog.

III.13 - Disputes

III.13.a - Prescription

Any claim against Holidog in relation to these Terms shall be made within one year. It is irrefutably presumed that the Member waives a payment that has not been requested within a year. Unclaimed amounts of money are held by Holidog.

III.13.b - Applicable law and Jurisdiction

These Terms are governed by applicable French law regardless of the Client’s country of residence and place of conclusion of the contract. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.

In case of dispute, Holidog will actively seek an amicable solution with the Member and if this has not led to an amicable resolution by the end of a period of fifteen (15) days, the most diligent of the Parties would be free to seek customary justice. As the case may be, the competent jurisdiction in cases of dispute will be considered as the competent court in the country where Holidog’s headquarters are located.