Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Zoe Kates (“Zoe’s Pet Services,” “we,” “us” and “our”). The Terms govern your use of our website. The Terms govern all use of our service, whether you access it from our website at https://www.Zoespetservices.com (including any subdomain or localized version) (the “Site”), our mobile applications and mobile websites, our Facebook site, our online or phone support offerings, or any other access point we make available to you. BY AGREEING TO THESE TERMS DURING THE FORM SUBMISSION SIGN-UP PROCESS OR ACCESSING OR USING OUR SERVICE WITHOUT SIGNING UP, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE ZOES PET SERVICES.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Website or Mobile Service, unless otherwise required by applicable law. Your continued access and use of Zoe’s Pet Services after we post the modified Terms will constitute your consent to be bound by the modified Terms.
Our Service.
Nature of Our Service. Zoe’s Pet Services consists of a desktop website, mobile website, and other related tools, support and services that pet owners (“Pet Owners”) can use to find, communicate with and interact with. Zoe’s Pet Services includes our emergency support services, and other services. We charge fees for some aspects of Zoe’s Pet Services, as described below in Section 8.
Zoe’s Pet Services does not provide Vaccinations. Pet Owners are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of our service 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.
Release. Subject to Section 11 below, Zoe’s Pet Services has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other clients and the acts and/or omissions of Zoe’s Pet Services whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial
obligations Zoe’s Pet Services may have to its clients in connection with user conduct are limited)
Bookings. If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Send.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at
their discretion, decline for any reason. Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Bookings confirmation.
Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified without requesting an extension in a Booking agree that Zoe’s Pet Services may, in its sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse Zoe’s Pet Service for all costs and expenses associated with such actions. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to us in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Zoe’s Pet Services in connection with such transfer.
Emergencies. We recommend that Pet Owners give contact information where you can be reached in the event medical care for a pet becomes necessary. We agree to immediately contact Pet Owners in the event such care becomes necessary. If you are a Pet Owner, you hereby authorize us to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such a case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to us. If Zoe’s Pet Services reaches you with a request to authorize medical care for your pet and you refuse, you release Zoe’s Pet Services for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Zoe’s Pet Services to charge your credit card or other payment method for such costs. In certain circumstances, a Pet Owner may be eligible for reimbursement. We recommend that all users have adequate pet insurance to cover the costs of veterinary care.
Certification of Compliance with Applicable Law.
By accessing and using Zoe’s Pet Services, you certify that you: (1) are at least 18 years of age and
(2) will comply with all laws and regulations applicable to your activities related to Zoe's Pet Services. For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Zoe's Pet Services (and that such policies will benefit third parties, including Zoe’s Pet Services, to the same extent they benefit you).
You acknowledge that Zoe’s Pet Services is entitled to rely on these certifications from you, is not responsible to ensure that all clients have complied with applicable laws and regulations, and will not be liable for a client’s failure to do so.
Use of Zoe's Pet Services; Suspension.
Your Conduct on Zoe’s Pet Services. When you use Zoe’s Pet Services, you agree:
To use Zoe's Pet Services only in a lawful manner and only for its intended purposes.
Not to use the Zoe’s Pet Services to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership
or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
Not to submit viruses or other malicious code to Zoe's Pet Services.
Not to use Zoe’s Pet Services, for purposes that violate the law.
Not to post reviews that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications.
Use Zoe’s Pet Services only for your own purposes, and not to impersonate any other person.
Not to transfer or authorize the use of your account for Zoe’s Pet Services by any other person, or to engage in fraudulent transactions.
Suspension and Termination. We reserve the right to suspend or terminate your access to Zoe’s Pet Services: (1) if in our discretion your conduct on the Site is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect Zoe’s Pet Services, its clients, pets, or the public. You may suspend or terminate your use of Zoe’s Pet Services at any time and for any reason. If you wish to terminate your use, please contact us. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your use.
Privacy.
Our collection and use of your personal information on Zoe’s Pet Services is described in our Privacy Statement. By accessing or using Zoe’s Pet Services, you acknowledge that you have read and understand the Privacy statement.
Your Content.
License. By agreeing to these terms you acknowledge, to the maximum extent and duration permitted under any applicable law, you grant Zoe’s Pet Services an irrevocable, perpetual,
non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your pets photos/videos or your reviews in connection with providing and/or promoting Zoe’s Pet Services.
Release. If your name, voice, image, persona, likeness, or performance is included in any of your reviews, you hereby waive, and release Zoe’s Pet Services and its clients from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.1 and the other provisions of these Terms.
Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove your posts on Zoe’s Pet Services. Our enforcement of these Terms with respect to your content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of your content, nor will we have any liability to you for
any deletion, disclosure, loss or modification to your content. It is your sole responsibility to maintain backup copies of your content.
Reviews. Zoe’s Pet Services may provide the ability to leave public and/or private reviews of clients or their pets. You acknowledge that even private reviews may be shared with legal parties in accordance with applicable law and our Privacy Statement and that Zoe’s Pet Services has no obligation to preserve or indefinitely store any reviews. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to view, edit within reason or for privacy or remove these reviews from Zoe’s Pet Services at any time.
Phone, Text and Mobile Communications.
Consent to Text Messages and Other Communications. You consent to receive from or on behalf of Zoe’s Pet Services communications containing service-related information (including technical notices, updates, security alerts and support and administrative messages), by prerecorded, or SMS, text messages, email, and other electronic means, at any phone number or email address you provide in connection with your service/booking/ect., even if your phone number is on the national or any state’s do-not-call registry. Your carrier's normal messaging, data and other rates and fees may apply to these communications. You may opt-out of receiving such messages at any time (though you may continue to receive messages while Zoe’s Pet Services processes your request).
Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your Zoe’s Pet Services account information promptly to ensure that messages are not sent to the person who acquires your old number.
Fees & Payment.
Fees for Pet Owners. Pet Owners may purchase Pet Care Services from Zoe’s Pet Services by completing a Booking as described in Section 2.4. If you are a Pet Owner, you enter into a transaction with Zoe’s Pet Services when you accept a Booking, and you agree to pay the total amount indicated in the Booking, which includes other fees payable to Zoe’s Pet Services. Zoe’s Pet Services, is responsible for performing the Pet Care Services. Where required by law, the amount charged will be inclusive of applicable taxes.
Fees for Zoe’s Pet Services. Zoe’s Pet Services may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.4. Once the Booking is completed by both parties, both parties agree to honor the price set forth in the Booking unless other fees incur. The purchase of Pet Care Services is a transaction between the Pet Owner and Zoe’s Pet Services. We will (either directly or indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking Conclusion and (it is up to Zoe’s Pet Services’ full discretion to opt to collect payment before a booking) initiate payment to Zoe’s Pet Services account before/after completion of the service period indicated in the Booking.
Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking unless a change has been agreed to by Zoe’s Pet Services, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Zoe’s Pet Services for, and agree that we may charge your credit card or other payment method for
any additional costs and expenses we incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.
Cancellations & Refunds.
Cancellations by Zoe’s Pet Services. If Zoe’s Pet Services cancels during the service period identified in the Booking, we will refund the for Pet Care Services not provided unless stated otherwise for any reason.
Cancellations by Pet O
ner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, Zoe’s Pet Services reserves the right to refuse refund.
Authorization to Charge. When you pay for Pet Care Services or for other services, You authorize us to charge your credit card or other payment method for fees you incur with Zoe’s Pet Services as they become due and payable, and to charge any alternative payment method Zoe’s Pet Services has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information and required to pay all fees or charges related to your Booking. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand Zoe’s Pet Services will not be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid to Zoe’s Pet Services are non-refundable once paid.
Cleaning and Potty Fees. Zoe’s Pet Services reserves the right to charge its clients for cleaning fees incurred during a Booking. Potty fees are as followed: there is a $20 fee for <3 days booked, a
$40 <6 days booked, a $60 fee for <9 days booked Ect. following this $20 per 3 days booked pattern. This price is circumstantial and subject to change by Zoe’s Pet Services at any time for any reason. Using Potty Pads (or other substitutes for outdoor bathroom use) does not exempt any client from these fees. Exceptions may be made but vary from client to client and Zoe’s Pet Services is not liable to honor these exceptions for one client even if the exception was made for another client. Possible exclusions to this fee may include but are not obligated to include the following: Precautionary use of potty pads during stay, animals who under 10 months during Booking who are currently working on potty training, ect. If your pet is not potty trained and a disclosure is not made to Zoe’s Pet Services you will be held liable to a cleaning charge and/or unable to make further Bookings.
Damage Fees and Other. Zoe’s Pet Services reserves the right to charge its clients for damage fees incurred during a Booking or any other necessary damage fees incurred. Clients (owner of pet that caused damage) will be liable for any and all damages to pets or personal property of Zoe’s Pet Services or any other party affected.
Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ZOE’S PET SERVICES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions
and interactions, online or offline, with Zoe’s Pet Services; (2) breach of these Terms; (3) your
misstatements, misrepresentations, or violation of applicable law; (4) property damage or personal injury to third parties caused by your pet/s; (6) Your Content; YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
Warranty Disclaimer for Zoe’s Pet Services.
The information and materials found in Zoe’s Pet Services, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through Zoe’s Pet Services, but not directly by Zoe’s Pet Services, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZOE’S PET SERVICES DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON ZOE’S PET SERVICES; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ZOE’S PET SERVICES; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN ZOE’S PET SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZOE’S PET SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ZOE’S PET SERVICES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE VIA ZOE'S PET SERVICES.
Limitation of Liability.
Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Zoe’s Pet Services be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use Zoe’s Pet Services, including without limitation damages related to any information received from Zoe’s Pet Services, removal of your information or review (or other content) from Zoe’s Pet Services, any suspension or termination of your access to Zoe’s Pet Services, or any failure, error, omission, interruption, defect, delay in operation or transmission of Zoe’s Pet Services, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ZOE’S PET SERVICES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO ZOE’S PET SERVICES OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO ZOE’S PET SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY.
No Liability for non-Zoe’s Pet Services Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOE’S PET SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH ZOE’S PET SERVICES, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH ZOE’S PET SERVICES, OR FOR ANY INTERACTIONS WITH OTHER CLIENTS OF ZOE’S PET SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A THIRD PARTY OR ANOTHER PERSON / PET OWNER, YOU AGREE TO RELEASE ZOE’S PET SERVICES FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, IN NO EVENT WILL ZOE’S PET SERVICES BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS..
Force Majeure.
Zoe’s Pet Services shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters. Also, in such an event, the cancellation policies described in Section 8.4 may not apply and Zoe’s Pet Services may, in its reasonable discretion, issue refunds under terms that vary from Zoe’s Pet Services cancellation policy.
Miscellaneous.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibitZoe’s Pet Services from offering pet care services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Zoe’s Pet Services ends.
Privacy Policy
The information we collect varies based on how you interact with us, which Services you use, and the choices you make. We collect and process information about you with your consent and/or as necessary to provide the products and services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
We collect information about you in various ways when you use our Services, including information you provide directly, information collected automatically, information collected via third-party data sources, and data we infer or generate from other information.
When you are asked to provide information, you may decline. You may also use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide information that is necessary for certain products or features, those products or features may not be available or function correctly.
The table below sets forth how we may collect your personal information.
Category of Personal Data
Information You Provide to Us
We collect information you provide directly to us, as follows:
Basic Information
includes personal information we collect when you create a submission form, create or edit your information. Information includes your name, email address, any address given, phone number, pet information, and any other related information you choose to provide.
Content
pet photos, stay photos, videos, documents, and other files you record or send through Zoe's Pet Services. This also includes the content of any reviews (including private reviews) or your communications to or from Zoe's Pet Services (including the content of any recorded calls).
How Do We Use Your Information?
How we Use Your Information
Purposes of Use
Categories of Personal Data
Communicating with you.
This includes:
Basic Information, Content
responding to your questions and requests and providing customer service;
sending you technical notices, updates, security alerts and support and administrative messages;
presenting you with content that is relevant to you;
inviting you to leave reviews about our Services
providing news and information we think will be of interest to you.
We may also use Other Third-Party Information, on its own or augmented by information you provide to us, directly to contact you, send you promotional materials, personalize our Service, and
pre-populate online forms.
How Do We Disclose Your Information?
We may disclose the personal information we collect with your consent or as we determine necessary to complete your transactions or provide Services you have requested or authorized. In addition, we disclose each of the categories of personal information described above, to the types of third parties described below for the following business purposes:
Public information. You publicly display and disclose certain information when you participate in the interactive areas of our Services, such as writing a review
Legal matters, compliance, and law enforcement. We may disclose information if we believe disclosure is in accordance with, required by, or necessary to comply with applicable law,
regulation or legal process. Information that may be disclosed includes, but is not limited to, names, addresses, contact information, pet information, transaction and booking information, and/or taxes collected by Zoe’s Pet Services.
Security, safety, and protecting rights. We may share your information if we believe your actions are inconsistent with our user agreements or policies, to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks or to protect the rights, property or safety of Zoe’s Pet Services, its employees, its clients (including their pets), or the public.