©2018 by Fluffy Sitters. 

Terms of Service



Terms of Service

Last updated:  May 5, 2019

Acceptance of Terms; Modifications.  These Terms of Service (the “Terms”) are a binding legal agreement between you , Moataz El-Barkouky and Nada El-Barkouky (“Fluffy Sitters,” “we,” “us” and “our”).   The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Fluffy Sitters Service”).  The Terms govern all use of the Fluffy Sitters Service, whether you access it from our website at https://www.fluffysitters.com(the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. Our Policies applicable to your use of the Fluffy Sitters Service are incorporated by reference into these Terms of Service.  BY ACCESSING OR USING THE FLUFFY SITTERS SERVICE, 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 THE FLUFFY SITTERS SERVICE.  

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately when we post the modified Terms on the Fluffy Sitters Service.  Your continued access and use of the Fluffy Sitters Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

Fluffy Sitters Service .  

2.1  Nature of the Fluffy Sitters Service .  The Fluffy Sitters Service consists of a web site, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other.   The Fluffy Sitters Service includes our matching service and other services.   We charge fees for some aspects of the Fluffy Sitters Service , as described below in Section 9.  

2.2  Fluffy Sitters does not provide Pet Care Services.  Fluffy Sitters is a neutral venue for Service Providers and Pet Owners.  Fluffy Sitters is not a Service Provider and, except for resources and support specifically described in the Fluffy Sitters Service , does not provide pet care services.   We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, transportation, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Though we provide general guidance on our Site to Service Providers about safety and pet care and to Pet Owners about selecting and engaging Service Providers, Fluffy Sitters does not employ, recommend or endorse Service Providers or Pet Owners, and we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline.  We conduct an initial review of Service Provider profiles and we facilitate background checks on Service Providers conducted by a third party, but, except where explicitly specified in the Fluffy Sitters Service (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners.   You should exercise caution and use your independent judgment before engaging a Service Provider, providing services, or otherwise interacting with users via the Fluffy Sitters Service .  Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets.  For example, each user of the Fluffy Sitters 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.

2.3  Release.  We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline.  You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.  

2.4  Transactions are between Pet Owners and Service Providers.  The Fluffy Sitters Service may be used to find and offer Pet Care Services, but all transactions conducted via the Fluffy Sitters Service are between Pet Owners and Service Providers.  You agree that Fluffy Sitters has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Fluffy Sitters Service .  

2.5  Bookings.  Pet Owners and Service Providers transact with each other on the Fluffy Sitters Service when they both agree to a “booking” that specifies the fees, time period, and other terms for provision of Pet Care Services via the booking mechanism provided on the Fluffy Sitters Service (a “Book”) or any third party communication tool.  Once you complete a Booking, you agree to honor the price and other terms of that Booking.  

2.6  Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide.  Though Fluffy Sitters performs a limited review of applications to become Service Providers, any such screening is limited, and Fluffy Sitters does not warrant that any such screen is accurate, complete, conclusive or up-to-date.  Similarly, Fluffy Sitters does not endorse reviews of Service Providers by other Pet Owners that may be available via the Fluffy Sitters Service, and Fluffy Sitters makes no commitments that such reviews are accurate or legitimate.

2.7  Abandoned Pets; Re-homing.  Pet Owners who arrange for Pet Care Services and fail to retrieve their pet within seven (7) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Fluffy Sitters (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse Fluffy Sitters and/or the Service Provider for all costs and expenses associated with such actions.  Further, Fluffy Sitters expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Fluffy Sitters deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Fluffy Sitters will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Fluffy Sitters not be able to contact the Pet Owner or the emergency contact, Fluffy Sitters will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet.  If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Fluffy Sitters 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 Fluffy Sitters in connection with such transfer, including any additional charges for new Bookings.

2.8  Emergencies.  We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Fluffy Sitters by phone at 010300282609 or on the fluffy sitters Face Book page.  If you are a Pet Owner, you hereby authorize your Service Provider and Fluffy Sitters 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 case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Fluffy Sitters.  If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Fluffy Sitters for any injury, damage or liability arising from failure to seek such care. Pet Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Fluffy Sitters to charge your credit card or other payment method for such costs. 

2.9 Consent to Call Recording.  You agree that any phone calls to or from Fluffy Sitters may be monitored or recorded for quality assurance purposes.

 

2.10 Consent to In App Conversation Monitoring.  You agree that any messages to or from Service Providers may be monitored for quality assurance purposes.

3. Eligibility; Legal Compliance.   By accessing and using the Fluffy Sitters Service, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and ordinances applicable to your activities conducted through Fluffy Sitters .  For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. For Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide Pet Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Pet Care Services. You acknowledge that Fluffy Sitters is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.  

4. Use of the Fluffy Sitters Service; Suspension.

4.1  Your Conduct on the Fluffy Sitters Service.  When you use the Fluffy Sitters Service, you agree:

To use the Fluffy Sitters Service only in a lawful manner and only for its intended purposes.  

Not to use the Fluffy Sitters Service to arrange for the care of exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock, or any animal with a history of attacks on pets or people.

Not to submit viruses or other malicious code to or through the Fluffy Sitters Service.

Not to use the Fluffy Sitters Service, or engage with other users of the Fluffy Sitters Service, for purposes that violate the law.

Not to use the Fluffy Sitters Service  to arrange for the provision and purchase of services with another user, then complete transactions for those services without notifying Fluffy Sitters.

Not to arrange for purchase of services with a previously contacted Fluffy Sitter user, then complete transactions for those services without notifying and getting confirmation from Fluffy Sitters.

Not to use the Fluffy Sitters Service for purposes of competing with Fluffy Sitters.

Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate, 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.  

To use the Fluffy Sitters Service only for your own purposes, and not to impersonate any other person.

Not to transfer or authorize the use of your account for the Fluffy Sitters Service by any other person.

Not to provide false information in your profile on, or registration for, the Fluffy Sitters Service.  

Not to interfere with our provision of, or any other user’s use of, the Fluffy Sitters Service.

Not to solicit another user’s username and password for the Fluffy Sitters Service.

4.2  Suspension and Termination.  You understand and agree that we have no obligation to provide the Fluffy Sitters Service to you, nor any obligation to continue providing it once we have begun.  If we believe your conduct on the Site or Fluffy Sitters Service is inappropriate, unsafe or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Fluffy Sitters Service in our sole discretion.

Registration; Account Security.  In order to use some aspects of the Fluffy Sitters Service, you will be required to create a username, password, and user profile.  If you elect to use the Fluffy Sitters Service, you agree to provide accurate information about yourself and keep this information up-to-date.  You agree not to impersonate anyone else and not to maintain more than one account (or, if Fluffy Sitters suspends or terminates your account, not to create further accounts).  You are responsible for maintaining the confidentiality of your username and password for the Fluffy Sitters Service, and you agree not to authorize anyone else to use your username and password.  You are responsible for all activity under your account.  You agree to notify us promptly of any unauthorized use of your account.  

Privacy.  Our collection and use of your personal information on the Fluffy Sitters Service is described in our Privacy Policy.   By accessing or using the Fluffy Sitters Service, you acknowledge and consent to the Privacy Policy.

Your Content.  

7.1  Your Content.  We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Fluffy Sitters Service or otherwise in connection with using the Fluffy Sitters Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”).  For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.

7.2  License.   Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Fluffy Sitters 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 Content in connection with providing and/or promoting the Fluffy Sitters Service, and to sublicense these rights to third parties.  

7.3  Release.  If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Fluffy Sitters and its users 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 7.2 and the other provisions of these Terms.

7.4  Your Representations and Warranties about Your Content.  You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

7.5  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 Content on the Fluffy Sitters Service.    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 your 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.  

7.6  Reviews.  If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Fluffy Sitters Service, whether before or after termination of your account for the Fluffy Sitters Service.  We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Fluffy Sitters Service at any time.

Phone, Text and Mobile Communications.

8.1  Consent to Autodialed Text Messages and Phone Calls.  You consent to Fluffy Sitters communicating with you about the Fluffy Sitters Service by SMS, text message, email and other electronic means, including autodialed text messages and phone calls containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications.  You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Fluffy Sitters Service, and you may opt-out of receiving these messages and calls at any time as described in ourPrivacy Policy (though you may continue to receive messages while Fluffy Sitters processes your request).  

Notwithstanding the foregoing, if you are a Service Provider, certain Fluffy Sitters Services, such as on-demand booking, may require that you receive service-related messages by text and/or accept mobile app push notifications or alerts.  In that case, in addition to deactivating push notifications in your mobile app and opting out of all types of text communications in your online Fluffy Sitters account settings, you must also send an email to development@chatour.tips from the email address used to establish your Fluffy Sitters account, that includes your mobile telephone number and a request to be deactivated from on-demand booking services.

In the event you deactivate a mobile phone number provided to us for this purpose, you agree to update your Fluffy Sitters account information promptly to ensure that messages are not sent to the person who acquires your old number.

Fees & Payment.  

9.1 Fees for Pet Owners.  Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking as described in Section 2.5.  If you are a Pet Owner, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking.  Except where otherwise specifically indicated on the Fluffy Sitters Service, fees for Pet Care Services are determined by Service Providers.  As described in Section 9.3, the total amount Pet Owners are charged for a Booking may also include a service fee payable to Fluffy Sitters.  Where required by law, the amount charged may also be inclusive of applicable taxes.  The Service Provider, not Fluffy Sitters, is responsible for performing the Pet Care Services.

9.2 Fees for Service Providers.  Service Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.5.  Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking.  The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider.  Fluffy Sitters collects a deposit from Pet Owners to Service Providers at the time of Booking .   Service Providers are charged a service fee as described in Section 9.3, which amounts to the collected deposit. The remaining payment is provided to the Service Provider by the Pet Owner on the day of service. There are cases where the owner may directly pay the sitter the total fee including the service fee in cash, in which case it's the sitters responsibility to transfer the service fee to Fluffy Sitters within 1 month of the purchase of the Pet Care Services .

9.3  Service Fees.  We charge service fees for some aspects of the Fluffy Sitters Service.   If you are a Service Provider, except where otherwise specified via the Fluffy Sitters Service, our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay in a Booking.  We take this service fee in the form of a deposit paid by the Pet Owner.

9.4  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, 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 Fluffy Sitters from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.

9.5  Cancellations and Refunds.

     Cancellations by Service Provider.  If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care Services not provided, as well as any service charge paid to Fluffy Sitters.  Service Provider cancellations are taken seriously.  If you are a Service Provider, you acknowledge that cancellation by you may result in a review of your account and, if we deem it appropriate, suspension or termination of your access to the Fluffy Sitters Service.

     Cancellations by Pet Owner.   If a Pet Owner cancels a Booking prior to 24 hours from the service period specified in a Booking, we will refund fees in accordance. However if the cancellation occurs after 24 hours from the service period, Fluffy Sitters is no longer obligated to provide a refund

Force Majeure.  In the event of certain emergency situations beyond the control of Service Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from hurricane, wildfire or other natural disaster.  In such cases Fluffy Sitters may, in its reasonable discretion, issue refunds.

     Refunds for Substandard Services.  If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or otherwise in accordance with these Terms then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner of the deposit made in section 9.2.

     General Terms for Cancellations.  If you wish to cancel a Booking, you should do so by contacting Fluffy Sitters on 010300282609 or messaging us on our Facebook Page.

     Payment Disputes; Payment Outside of the Fluffy Sitters Service. Any payment disputes are between the Pet Owner and Service Provider, and Fluffy Sitters has no obligation to mediate or facilitate any resolution.  Further, Fluffy Sitters has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Fluffy Sitters Service.

9.6 Authorization to Charge.   When you pay for Pet Care Services or for other services on the Fluffy Sitters Service, you will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for fees you incur on the Fluffy Sitters Service as they become due and payable. You are responsible for maintaining up-to-date payment information. 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 that neither Fluffy Sitters nor the Service Provider will be responsible for any failure to provide services associated with those fees.  Except as expressly provided in these Terms, all fees paid via the Fluffy Sitters Service are non-refundable once paid.  

9.7  Taxes.  Except for taxes on Fluffy Sitters income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Fluffy Sitters Service.  This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Fluffy Sitters Service.

10. Background Checks 
Fluffy Sitters does verify some sitter profiles. Verified sitters have been phone interviewed. 
Pet Owners remain fully responsible to evaluate and investigate their Service Providers.

Copyright Infringement.  

If you believe in good faith that your copyrighted work has been infringed by content posted on the Fluffy Sitters Service, please provide our designated copyright agent with a written notice that includes all of the following information:

A description of the copyrighted work you believe to have been infringed;

A description of the URL or other location on our Site of the material you believe to be infringing;

Your name, mailing address, telephone number and email address;

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

You can email the above to
Development@chatour.tips

Third Party Services, Links.  The Fluffy Sitters Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnity.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FLUFFY SITTERS 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 other users of the Fluffy Sitters Service; (2) breach of these Terms; (3) disputes with other users of the Fluffy Sitters Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA) or other applicable law.  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.