Pet Host Terms of Use

Last updated: 7 February 2024

1. Pet Host Terms

These terms and conditions apply to all persons who create a pet host account and access and use the PetCrib platform hosted at petcrib.com.au (the Platform) for the purpose of providing pet hosting services to clients.

These terms and conditions apply in addition to and form part of the PetCrib General Terms of Use available at (General Terms). A reference to these “Pet Host Terms” is deemed to be a reference to both these terms and conditions and the General Terms. If there is any inconsistency between the General Terms and these terms and conditions, these terms and conditions will prevail to the extent of the inconsistency. Capitalised terms which are defined in the General Terms have the same meaning in these terms and conditions.

2. Appointment and Relationship

By creating a Pet Host account on the Platform, you appoint us as an independent contractor to provide you with:

(a) access and use of the Platform; (b) booking and administrative services as described in these Pet Host Terms; and (c) such other goods and services as agreed between you and us from time to time.

Nothing in these Pet Host Terms creates any relationship of employment, partnership, or agency, nor does it create any franchising or fiduciary relationship between you and us.

3. Representatives

Whether or not such persons access or use the Platform personally, your officers, employees, contractors, agents and representatives (Representatives) are bound by these Pet Host Terms. You agree to use your best endeavours to ensure that your Representatives comply with such terms.

You are solely responsible for, and indemnify us against any Loss arising from, or in connection with, whether directly or indirectly:

(a) the wilful actions, omissions and negligence of your Representatives; and (b) any breach of these Pet Host Terms.

4. Pet Owners

We will endeavour to attract to the Platform persons seeking Pet Hosting Services (Customers). However, we make no guarantees and give no warranties or assurances that any number of Customers will visit the Platform during any period of time. We are not responsible for any Loss resulting from your use of the Platform in lieu of other work off the Platform.

You acknowledge and agree that, to the greatest extent permitted by law, except as otherwise stated in these Pet Host Terms, we own all rights, title and interest in and to all data relating to Customers, including but not limited to their contact information.

5. Account Verification

We seek to ensure that all Pet Hosts listed on the Platform have the appropriate experience to provide Pet Hosting Services to a first class, professional and business-like standard. We may adopt any screening or vetting procedures which we consider necessary or desirable from time to time in our sole discretion.

To have your account verified by us, you must submit such information and documents which: (a) are specified on the Platform; and (b) we otherwise request from you in our sole discretion.

Only upon undertaking, complying with and passing our screening or vetting procedures will we verify your account. We reserve the right to refuse to verify your account for any reason whatsoever in our sole direction and without giving reasons for doing so.

6. Pet Hosting Requirements

By creating and submitting a Pet Hosting profile on the Platform, you represent and warrant that you:

(a) are fit to perform Pet Hosting Services in a safe and reliable manner; (b) have the appropriate skillset and level of experience needed to care for Pets; (c) your place of residence is appropriate to cater for a Pet Hosting Service and is safe and appropriate for the number of Pets you offer to provide Pet Hosting Services for; (d) have provided fair, true and complete information about yourself and as communicated to the Pet Owner; (e) have access to reasonable modes of transport to access amenities, as needed; (f) will take all reasonable steps in the event of an emergency which at a minimum is to call 000 and as directed by the Pet Owner; (g) provide the Pet with reasonable care that would be expected of a Pet Host and as additionally specified by the Pet Owner; (h) have not had any past indiscretions or history with animal cruelty or unsatisfactory pet hosting services; and (i) do not have a criminal record.

PetCrib may approve or reject an application for a Pet Hosting profile without reason or notice.

7. Bookings

Once your account is verified by us, you may set your availability in the Availability section of your Profile. By setting at least one period of availability, your listing will be live and available for Customers to book. If your user account is discoverable by Customers, then Customers may, at their election, make bookings for Pet Hosting Services with you during for period of availability.

Once a Customer makes a booking with you, if you fail to provide the agreed pet hosting services and we incur any Loss whatsoever (including, but not limited to, the loss of our proportion of the Pet Hosting Fee, the loss of our Booking Fee, and any fee which our payment processor charges us because the relevant Customer initiated a chargeback on their credit or debit card), you must indemnify us and keep us indemnified from and against such Loss.

8. Your Positive Obligations

You acknowledge and agree that you must at all times:

(a) provide all tools equipment, materials, labour and other resources necessary to provide agreed Pet Hosting Services to Customers; (b) conduct yourself in an appropriate, professional and business-like manner in keeping with the standards generally expected of persons providing Pet Hosting Services; (c) act in good faith in your dealings with us and any other person; (d) maintain an Australian Business Number; (e) comply with our reasonable and lawful directions in relation to your access and use of the Platform; (f) comply with our policies and procedures as determined by us from time to time; (g) comply with all directions and guidelines provided by Pet Owners in relation to a Booking, including those set out in the applicable Pet profile; (h) comply with all relevant laws; and (i) promptly notify us of any breach by you or any of your Representatives of these Pet Host Terms.

9. Your Negative Obligations

You agree, unless we otherwise agree with you in writing, not to:

(a) charge Customers additional fees on top of the Booking Fees and Pet Hosting which they pay on the Platform; (b) hold yourself out to be a contractor, officer, employee, agent or representative of us; (c) do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights; (d) do any act or thing, or omit to do any act or thing, or permit any other person to do any act or thing or make any omission, which may adversely affect our reputation or goodwill or that of the PetCrib brand or the Platform or any of our publicly known affiliates, partners, sponsors and associates; (e) subcontract any of your obligations under these Pet Host Terms to any third party; (f) encourage any Customer or Pet Host to cease accessing or using the Platform, or reduce their level of access or use of the Platform; (g) solicit, employ or engage the services of any of our Representatives; or (h) assign, transfer or dispose of any of your rights and obligations under these Pet Host Terms to any third party.

10. Acknowledgements

You acknowledge and agree that:

(a) you are solely responsible for any information you send or receive through the Platform and that PetCrib, is a passive conduit for any such information sharing between you and a Customer; (b) any interactions or consultations with Customers arising from your use of the Platform are with that Customer directly, and are completely independent of PetCrib; (c) PetCrib is not a party to any transaction, consultation or arrangement between you and a Customer even if PetCrib offers any sort of dispute resolution assistance in its discretion; (d) PetCrib does not provide any warranty or indemnity in respect of the truth, accuracy or completeness or otherwise of any details or information provided by a Customer to you, including in relation to that Customer’s identity; and (e) any communications entered into between you and a Customer is at your own risk.

11. Emergencies

You acknowledge and agree to:

(a) urge all Customers with whom you have any contact by virtue of your access or use of the Platform to contact public emergency services by dialling “000” by telephone in all cases of emergency, or threatened, potential or actual harm or injury to any person; (b) promptly contact public emergency services by dialling “000” by telephone: (i) in all cases of emergency; and (ii) in circumstances where a reasonable person would consider it necessary to contact public emergency services due to any threatened, potential or actual harm or injury to any person; and (e) after contacting public emergency services, promptly notify us that you have done so and, subject to law, provide us with full and complete details of the circumstances relating to the matter.

12. Booking Fees

You agree to us charging on your behalf the Booking Fees which we determine from time to time.

We may in our sole discretion vary the Booking Fees paid by Customers on the Platform, provided that we give you no less than 30 days’ prior written notice, after which you are deemed to accept any varied Booking Fee (whether or not you have set any period of availability on the Availability section of your profile before we give you such notice).

13. Pet Hosting Fees

In consideration of us complying with our obligations under these Pet Host Terms, for each Pet Host Booking which a Customer makes with you, you agree to pay us a service fee equal to ten percent (10%) of the Pet Hosting Fee paid by the Customer for the services, plus the Booking Fee (Service Fee).

At the times we disburse your proportion of Fees to you, we will issue you with tax invoices detailing the Service Fees which we have deducted from the relevant consultations. Unless otherwise specified by us, our Service Fees are inclusive of GST.

We may in our sole discretion vary the rate of our Service Fees, provided that we give you no less than 30 days’ prior written notice, after which you are deemed to accept any varied Service Fee (whether or not you have set any period of availability on the Availability section of your profile before we give you such notice).

14. Cancellations

In the event that a Cancellation Fee is payable to a Pet Host, our Service Fee will be deducted from such amount before the Cancellation Fee is paid to the Pet Host.

If a Pet Host cancels a paid booking they must immediately reach out to support@petcrib.com.au to request to cancel that booking via the booking details.

Depending on the circumstances surrounding the cancellation we may flag the Pet Host’s profile. If more than two paid bBookings are cancelled within two months, PetCrib may suspend or remove the Pet Host's profile.

15. Payments

We collect all Pet Hosting Fees from Customers and deduct our Service Fees at the time of booking. We will disburse your proportion of your Pet Hosting Fees (less our Service Fees) no earlier than 72 hours after the completion date and end time specified on the relevant Booking. We may vary our disbursement schedule from time to time in our sole discretion without prior notice to you.

We disburse your proportion of Pet Hosting Fees (less our Service Fees) into the bank account which you specify to us in writing. You are solely responsible for ensuring that your bank account details are correct and keeping those details up-to-date at all times.

While we will use our best endeavours to ensure that we make correct payments to you in a timely manner, we take no responsibility for any payments not received by you, or received by a third party, as a result of:

(a) your bank account details as advised to us being incorrect; or (b) any wilful act, omission, negligence, error, mistake or technical failure by any third party (such as our bank, our payment processor, or your bank).

If we make any underpayment or overpayment to you, you must notify us immediately by email. We will rectify any underpayment made by us as soon as reasonably practicable. You must immediately return to us any monies which we overpay to you, as directed by us.

Each Pet Host acknowledges that a Pet Owner may be legally entitled to a refund or other remedy with respect to the Pet Hosting Services under any applicable law. To the maximum extent allowed at law, each Pet Host indemnifies PetCrib with respect to any and all costs or expenses incurred by PetCrib with respect to such a claim made by a Pet Owner with respect to Pet Hosting Services performed by that Pet Host, whether before or after the completion date of the relevant Booking.

16. Costs and Expenses

Unless otherwise agreed by us in writing, you are solely responsible for your own costs and expenses of and incidental to:

(a) your access and use of the Platform; (b) your acquisition of any computer or other equipment or tools which are required for you to conduct consultations on the Platform; (c) your provision of Pet Hosting Services Customers through the Platform; (d) managing your own legal, financial, accounting and tax affairs; and (e) your performance of, and compliance with, these Pet Host Terms.

17. Refunds and Chargebacks

You agree to discourage all Customers with whom you have contact from:

(a) seeking a refund of Pet Hosting Fees or Booking Fees without having a legitimate reason for doing do; and (b) initiating a chargeback on their credit or debit card, instead encouraging Customers to contact us by email to seek a resolution by agreement.

18. Promotions and Discounts

You agree to participate in any promotions and discounts which we offer to Customers from time to time. However, if your participation results in you receiving a lesser proportion of Pet Hosting Fees for any booking with a Customer, then we must first seek your agreement before implementing any promotion or discount on your account.

If we are required to seek your agreement to any promotion or discount and you do not agree, then you acknowledge, agree and consent to us offering promotions and discounts for participation by other Pet Hosts and their Customers.

19. Superannuation Guarantee

You agree that we may deduct superannuation guarantee entitlements from your proportion of Pet Hosting Fees (in addition to our Service Fees) if for any reason we are required by law to remit such amounts to a nominated superannuation fund on your behalf.

20. Confidentiality

Confidential Information includes:

(a) these Pet Host Terms; (b) personal information or sensitive information of any Customer; (c) details of our suppliers, customers, affiliates, partners, sponsors and associates; (d) our marketing plans and programs; and (e) information which a reasonable person would consider to be confidential from the circumstances in which it is disclosed.

You agree to:

(a) keep confidential all Confidential Information and not share or disclose any Confidential Information to any other person; (b) only use Confidential Information for the purpose of providing services to Customers on the Platform;
(c) not copy any document that contains Confidential Information or otherwise record or reproduce the Confidential Information in any material form except as is strictly necessary for the purpose of providing services to Customers on the Platform; and (d) when requested, return all Confidential Information belonging to us.

However, the above confidentiality obligations do not apply:

(a) to the extent necessary to make any disclosure required by law; (b) where we authorise you in writing to make disclosure; (c) where a portion of the Confidential Information has entered the public domain other than as a result of your breach of these Pet Host Terms, to that portion of the Confidential Information that has entered into the public domain.

21. Limitation of Liability

You acknowledge and agree that, to the greatest extent permitted by law, in addition to the limitation provisions contained in the General Terms, we are not liable for any Loss, injury or death to person, or damage to property, as a result of, or arising from (whether directly or indirectly):

(a) services provided by you through the Platform;
(b) a Booking made via the Platform; (c) a breach of these Pet Host Terms or the General Terms; (d) the suitability, accuracy or completeness of any information or content available on the Platform including information obtained from a Customer; (e) any allegation that you have infringed the IP Rights of any third party.

22. PetCrib Public and Property Liability Insurance

In some circumstances, a Pet Host may be able to make a claim for cover for liability to third parties resulting from personal injury or property damage caused during the provision of pet minding services, in accordance with the PetCrib Liability Insurance Policy available at [insert link].

23. Indemnity and Release

To the greatest extent permitted by law, in addition to the indemnity given by you under the General Terms you will at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and representatives from and against any and all Loss (including legal costs and expenses on a solicitor and own client basis) incurred by any of those indemnified arising from any Claim by any person against any of those indemnified where such Loss arose out of, in connection with, or in respect of:

(a) your breach of these Pet Host Terms; (b) any Claim by any person (including Customers) relating to services provided by you through the Platform; (c) any allegation that you have infringed the IP Rights of any third party; (d) any reliance or non-reliance on information or details you obtain from the Platform or in connection with your use of the Platform, including details and information relating to a Customer or their identity; (e) any failure by you to comply with our reasonable and lawful directions in relation to your access and use of the Platform; and (f) any Claim by any person against or through you for employee entitlements.

You release us and our respective officers, employees, contractors, agents and representatives from all liability in relation to the matters described in this clause.

24. Professional Support

We may, in our sole discretion from time to time, offer a professional support service by telephone, instant messaging, email or other means of communication. We may withdraw or cancel the service at any time without prior notice to you. Any advice, statements, representations communicated to you as part of any professional support service is strictly provided on the basis that you will remain solely responsible and liable for your own professional conduct as set out in these Pet Host Terms.

25. Contacting Us

If you wish to contact us for any reason, please email us at support@petcrib.com.au. We will use our best endeavours to respond to you query as soon as possible after it is received by us.