Terms and conditions

1. INTRODUCTION

1.1. Welcome to Pet Watch! We place our Users and their furry friends at the heart of everything that we do and are committed to being transparent with you to ensure you have the best possible experience when using our Platform.

1.2. We want all our Users to have a smooth, enjoyable experience with Pet Watch and be a part of our community. For that purpose, these Terms & Conditions set out the terms and conditions in which our services are conducted (provided and purchased) on the mobile application, Pet Watch, its related sub-domains, and sites (hereinafter collectively referred to as the “Platform” or “Pet Watch”).

1.3. Pet Watch is owned and maintained by MAM Technologies Portal Limited, a private company established pursuant to the laws of the Dubai International Financial Centre (“DIFC”) with DIFC license no. CL6787, having its registered office at DIFC, Dubai, United Arab Emirates (hereinafter referred to as “MAM”, “we”, “our”, “us”).

1.4. The United Arab Emirates (“UAE”) is our country of domicile. MAM controls this Platform from the UAE. MAM makes no representation that this Platform is appropriate for use in other locations. Except where otherwise specified on this Platform, the Users who choose to access this Platform from locations outside the UAE are responsible for compliance with applicable local laws. You may not use, export or re-export any materials from this Platform in violation of any applicable laws or regulations, including, but not limited to any UAE laws and regulations.

2. TERMS

2.1. These Terms & Conditions set out the terms and conditions of use of the Platform for the purpose of the Pet Owners (“Owners”) to purchase Services (as defined under Clause 3.1) available on the Platform and Pet Sitters (“Sitters”) to provide Services on the Platform (the “Terms”).

2.2. These Terms will form a legally binding agreement between you, the User, and MAM. In addition to the Terms, you are further bound by the Privacy Policy and any other policy provided on the Platform, which form an integral part of these Terms (as provided on this Platform separately). If you do not agree to these Terms, the Privacy Policy, or any other policy, immediately refrain from using this Platform.

2.3. At Pet Watch, we value transparency with our Users, therefore please ensure to read these Terms carefully before you submit or create an Account on the Platform and initiate using the Services available on the Platform. By accessing, browsing, using, registering with and/or creating an account on the Platform, service request, or placing an order for any of the Pet Watch Services available on the Platform, you confirm that you have read, fully understood, and agree to be bound by these Terms with immediate effect.

2.4. These Terms are subject to change and/or revision without notice, as per the updated and effective laws and regulations at any given time. MAM encourages you to review the Terms regularly for any changes. Your continued use of the Platform shall constitute your express consent and agreement to be bound by the then current Terms. If you disagree with any of the Terms or any changes to the Terms, you must immediately refrain from using the Platform and delete/deactivate your Account created on the Platform. 

2.5. These Terms are in line with the relevant applicable UAE laws and regulations and are not intended to affect any rights available to you as a consumer under the UAE Laws.

2.6. You are granted a limited, non-exclusive, revocable, and non-transferable license to utilize and access the Platform pursuant to the requirements and restrictions of these Terms as mentioned hereunder.

3. PET WATCH SERVICES

3.1. Pet Watch is an online application accessed via the Platform, focused on connecting Pet Owners and Pet Sitters (individually and collectively referred to as the “Users”) seamlessly under one Platform, in order for Owners to be able to avail and Sitters to provide pet-care related services on the Platform (“Services”).

3.2. We’re here to help! The Services shall be provided directly by Pet Sitters to Pet Owners. Pet Watch is merely a facilitator of the provision of Services and is not to be deemed as a service provider for any of the Services available on the Platform.

3.3. When you book one of the Services through the Platform (the “Service Request”) or accept a Service Request via our Platform, you are entering into an agreement between yourself and an Owner or Sitter (as applicable). It is entirely your responsibility to ensure that the requirements of the Owner or Sitter are in line with your expectations and experience. For avoidance of doubt, we are not party to any agreement, contractual or otherwise, between an Owner and a Sitter.

3.4. We understand that as a pet Owner, you have a strong emotional connection with your pet(s), and you are best equipped to make decisions that are in their best interests. Therefore, we encourage you to use your best judgment when booking a Service Request or interacting with other Users via the Platform, always keeping your and your pet’s needs in mind. You are solely responsible for ensuring the well-being of your beloved pet(s).

4. ACCOUNT REGISTRATION

4.1. To utilize or provide any of the Services available on the Platform, you are required to register yourself on the Platform by creating your personal account secured by a strong password (“Account”). Once you register your Account, you consent to providing us with your Personal Data (defined under Clause 5.1). 

4.2. To create an Account, you must be at least eighteen (18) years of age. You are required to provide true, accurate, complete and current information including but not limiting to, name, date of birth, email address, and other details as requested during the Account creation. By using the Platform, you declare that you are: (i) 18 years old or have reached the age of majority in your place of residence; and (ii) are allowed to use the Platform under any applicable law. If you are under 18 years old, you cannot register as a user of the Platform or use it unless you have valid Emirates ID and use the Platform under strict supervision of a parent or legal guardian who agrees to these Terms. You are responsible for ensuring that such use is allowed under UAE Law and any other applicable laws.

4.3. Remember to always update your information to avoid any surprises that may affect your Pet Watch experience! By registering yourself on the Platform, you warrant that the details you provide on Pet Watch are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g., change of email or contact number, etc.). You can access and update your details using the “My Account” area of the Platform. You authorise us to verify and use any information provided to us during registration and account creation (including any updated information) as well as request of any supporting documentation to verify the submitted details. Pet Watch or MAM will not be responsible or held liable for any details submitted by you on this Platform (hereinafter referred to as the “User-Generated Content”). 

4.4. You are responsible for maintaining the confidentiality of your Account username and password and for preventing unauthorised access by third parties to your profile. You agree to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the username and password are kept confidential and secure (as an Owner, it probably wouldn’t be a great idea to use your pet’s name as your password). Please inform Pet Watch immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be used in an unauthorised manner and we will try our best to protect your Account. We will never request your Account username or password through electronic messages. We will not be liable for any loss or damage which may arise as a result of any failure by you in protecting your password or Account.

5. PRIVACY

5.1. The Platform will collect data that permits someone to identify or contact you, such as, but not limited to, your full name, address, telephone number, email address, referral source, service interest/preference, location as well as any information associated with or linked to your pet (the “Personal Data”). All Personal Data collected shall not be used for any purposes not related to Pet Watch or the Platform and shall not be shared to any third parties that are not Pet Watch partners (i.e., marketing agencies, payment service providers etc.), unless required for improving your Pet Watch experience. All such Personal Data collected, gathered and/or retained is under compliance of our Privacy Policy of the Platform and the operating region’s data protection laws.

5.2. The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy. When using or providing certain information on the Platform, you confirm that you have read, fully understood, consent and agree to the Privacy Policy (the “Privacy Policy”). If you do not agree to the Privacy Policy, then you must immediately refrain from using the Platform. 

6. DATA PROTECTION

6.1. Pet Watch will decide how and why your personal data is used, following the applicable laws and as described in Pet Watch’s Privacy Policy (see Clause 5.2 above).

6.2. Pet Watch shall only collect and process your Personal Data upon provision of your explicit consent, by understanding, accepting, and agreeing to the Privacy Policy and any other ancillary policy pertaining to the protection of your Personal Data. In case you do not agree to the Privacy Policy, you must immediately refrain from using the Platform as Pet Watch may not be able to collect/ process your Personal Data required for the purpose of provisioning pet-care-related services offered by us and may limit the functionality and availability of certain features of our services on the Platform.

 6.3. All your Personal Data shall be collected and processed in accordance with the applicable laws and such Personal Data shall be held in strict confidence and used only for specific lawful purposes for which it is required. 

6.4. Upon your explicit consent to our Privacy Policy, Pet Watch may also, from time to time, transfer and/or forward such Personal Data to third parties outside the DIFC and/or the UAE for storage and processing of the Personal Data for administrative purposes, as may be necessary from time to time.

6.5. You have the right to request access to the Personal Data we hold about you and to request the correction of inaccurate or incomplete Personal Data. You also have the right to request the deletion of your Personal Data under any circumstances or request the restriction of processing of your Personal Data (as set out in detail in the Privacy Policy).

6.6. In case of any questions or concerns pertaining to your Personal Data, you may contact us at the details mentioned under Clause ‎27 below.

7. USE OF PLATFORM

7.1. The Platform provides information and material about Pet Watch, including the Services to be provided by the Sitters, details on the Sitters, our operations, contact information and information related to the Pet Watch business model. While the Platform and the content available are only created for informational purposes including general knowledge and guidance, we do not provide legal, business, health or safety advice or any kind of advice and you should not depend on it for advice. You act at your own risk in relation to the contents of the Platform. We take no responsibility for any information provided by our employees, directors, or affiliates. Any action taken by you is fully your decision, and you absolve Pet Watch and MAM of any liability for any outcome that may occur due to your actions on inactions or decisions you take in reliance to the Platform or material therein.

7.2. You have consented and agreed that all transactions and data on this Platform will be saved. This includes all transactions made through the Platform, third party websites, payment gateways and any cloud platforms in any jurisdictions whatsoever. However, we shall not utilize or share any credit card or bank account details unless you give us explicit consent to do the same on the Platform.

 7.2. You may only use the Platform for lawful purposes, and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Platform.

7.3. You may use the Platform for personal use only, unless otherwise specifically authorised by us to do so in writing. The User creating the Account is the sole authorized user of the Account, any use of the Account by a third party shall constitute an unauthorized use of the Account which we shall not be responsible or held liable for.

7.4. This Platform may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind, unless you are a registered Sitter as per these Terms. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and barring such violators from use of the Platform.

7.5. You shall not duplicate, download, publish, modify or otherwise distribute the material on this Platform for any purpose whatsoever. Unless it is required law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for your personal use only and may not “scrape” the Platform through automated means, i.e., extract large amounts of information from the Platform or “frame” any part of the Platform, i.e., transmit digital data from the Platform, and you may not interfere or attempt to disrupt the Platform in any way whatsoever.

7.6. You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks, or to any services through the Platform. This includes hacking, recovering passwords stored on the Platform, or using any other illegal methods. 

7.7. We reserve the right to restrict, terminate or refuse your access to, or use of, the Platform, your Account, or any feature or part of it, remove or edit User-Generated Content, or cancel any Services at our sole discretion at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law. You agree that monetary damages may not provide a sufficient remedy to Pet Watch/MAM for violations of these Terms and you consent to injunctive or other equitable relief for such violations. 

7.8. We may share your user information  if required by law or by a court order.

8. CONTENT AVAILABLE ON PLATFORM

8.1. We may make available various information, descriptions, reviews, and other information, data, content, and materials including but not limited to pet care and safety guidelines, pet care Services, pet care tips etc. on the Platform (“Content“). The Content is for educational and informational purposes only, and may contain errors, inaccuracies or omissions that may relate to the Services provided on the Platform (we are also humans!). Before you act in reliance of any such Content, you should confirm any facts that are important to your decision with Us, the Sitter or Owner as applicable. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Content. If you find an error or notice incorrect information on the Platform, please let us know by contacting us at info@petwatchapp.com. 

8.2. Pet Watch is a safe space for all Users. You are only allowed to access and use the Platform and its Content for your personal purposes, and you must not, in addition to the prohibitions as set forth above:

    8.2.1.Utilize the Platform or Content for any unlawful purpose;

    8.2.2. Utilize the Platform or Content to solicit others to perform or participate in any unlawful acts;

   8.2.3. Utilize the Platform or Content to violate any international, federal, or local laws and regulations;

   8.2.4. Copy, utilize, circulate, change, assign, distribute or in any manner use the Content, except as otherwise expressly allowed in these Terms;

   8.2.5. Use any device or software that interfere with the Platform;

   8.2.6. Sell, circulate, recreate or in any way use the Content for any commercial purposes;

   8.2.7. Access information not intended for you by attempting to gain unauthorized access;

   8.2.8. Utilize the Platform or Content to circulate, distribute, or sell in a manner that will violate the copyright or other intellectual property laws or infringe upon the privacy or rights of Pet Watch, MAM or others;

   8.2.9. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

  8.2.10. Submit false or misleading information, use the Content to use an identity that is fictious or misrepresent a connection with Pet Watch, MAM, or another person;

  8.2.11 Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform;

  8.2.12. Collect or track the personal information of others; and

  8.2.13. Interfere with or circumvent the security features of the Platform or in any manner attempt to interfere with the working of the Platform. 

9. USER WARRANTIES

   9.1. Let us both do our parts in creating a wonderful Pet Watch experience! You, as the User warrant that: 

   9.1.1. You have the authority and capacity to use the Platform and to enter into all of the agreements to continue with the Platform services;

   9.1.2. All information and documentation provided by you is true and correct; and

   9.1.3. You are responsible for adhering to all the terms and your obligations contained herein.

10. PAYMENT OF SERVICES

10.1. Users shall not be charged for creating an Account or accessing/browsing the Platform. Users shall only be responsible for making a payment for any Service(s) booked through the Platform (including any tax on the purchase price if any), unless Pet Watch at its sole discretion decides to charge a fee for the use of the Platform in which case we shall provide you with at least Fifteen (15) days notice specifying the charges applicable to the Users prior to the fee being effective.

10.2. Any Platform transactions shall be handled by Pet Watch along with an independent payment provider to be chosen by Pet Watch on the pricing as determined by Pet Watch. Pet Watch shall not trade or conduct the sale and purchase of the Services booked by the Owners in any manner whatsoever. Pet Watch shall act solely as a transitory of the Services being booked on the Platform to being passed to the Sitter.

10.3. No payment shall be made directly from the Owner to the Sitter outside the Platform. All payments shall be made on the Platform only via the available payment methods. Any violations related to the payment of Services shall be subject to Clause 11 (Non-Compliance) or any other penalties to be decided at our sole discretion.

11. DISPUTED SERVICES

11.1. An owner may dispute a completed Service through the Platform within seven (7) days of the Service date in case the Owner believes that the Sitter has breached any of their obligations or failed to adhere to the written instructions provided by the Owner on the Platform before the Service (the “Disputed Service”);

11.2. Pet Watch shall then investigate the Disputed Service and will revert back to the Owner between thirty (30) and ninety (90) days of raising the dispute with its decision on the Disputed Service.

11.3. The Owner shall be entitled to a refund for the Disputed Service, only in case the Owner’s complaint/dispute has been validated, substantiated and proven during Pet Watch’s investigation, and this decision is made solely at Pet Watch’s discretion;

11.4. The Owner understands and agrees that Pet Watch shall only consider written communication between the Owner and the Sitter through the Platform in relation to any Disputed Service. 

12. NON-COMPLIANCE

12.1. In the event that a User does not comply with their respective obligations or any of the Terms contained herein and policies of the Platform, the following shall apply. We may:

   12.1.1. Provide you with a warning;

   12.1.2. Suspend your Account so you will not be able to access the Services during the suspension term;

    12.1.3. Permanently block your access to the Platform;

    12.1.4. Immediately terminate these Terms and delete your Account;

    12.1.5. Report any offences committed to the appropriate authority.

12.2. The application of these sanctions is entirely at our discretion and we can choose whether to apply any one or all of them at any time.

13. USER CONDUCT & USER-GENERATED CONTENT

13.1. The Platform may at times provide opportunities for Users to submit comments, reviews, suggestions, questions, or other information (the “User-Generated Content“) on or through the Platform. You warrant that any such User-Generated Content submitted by you to the Platform is original (and does not infringe the intellectual property rights of others).

13.2. We are committed to creating a friendly and approachable space for all Users. While there are features available on the Platform that allows Users to communicate with each other, it is important and thus mandatory to be respectful at all times, to refrain from using any offensive language and to avoid providing false or incorrect information. Please report any offensive language used by contacting us and submitting evidence of the same at: info@petwatchapp.com. Pet Watch/MAM shall not be responsible or liable for any communication as well as any verbal or physical interactions between Owner and Sitter that may occur outside of the Platform or during the provision of the Services.

13.3. We value transparency and encourage our users to share reviews, comments, and other feedback about our services and your Pet Watch experience. For this reason, and to be able to publish such User-Generated Content on the Platform, you hereby grant MAM a perpetual and non-exclusive right and licence to use such User-Generated Content submitted for any purpose without restriction including without limitation, to copy, publish, translate, create derivative works from and/or incorporate such User-Generated Content into any form, medium or technology throughout the world for the purpose of enhancing the Pet Watch experience, without any further recourse to you. 

13.4. You waive any moral rights in such User-Generated Content and agree that you will not submit any content on the Platform that is contrary to public policy, morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to any applicable laws. We have the right to monitor and edit or remove any activity or User-Generated Content at our sole discretion, and assume no responsibility or liability for any User-Generated Content posted by you or any third party.

14. CHANGE OF PLATFORM & CESSATION OF OPERATIONS

14.1. For the purpose of continuously improving our Platform, we reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the Services provided through the Platform at any time without prior notice to you. However, we shall do our best to inform you on the changes that may affect your Pet Watch experience.

14.2. Pet Watch, a growing community for pet lovers! The Platform may contain links to other websites as a convenience to you. Any use of third-party websites will be at your own risk and it is your sole responsibility to review the terms, privacy policies and other policies for said websites.  

15. INTELLECTUAL PROPERTY

15.1. Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us and are protected by the applicable laws.

15.2. We, together with our service providers, expressly reserve all intellectual property rights in all programs, products, product names, service names, logotype set apart in form, text or otherwise from surrounding text (i.e., all capital letters) processes, technology, content (that is graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, images, advertisements, layout), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content) and other materials, which appear on the Platform (“Intellectual Property Rights”). 

15.3. Using the Platform does not give you any rights to our or any third party’s intellectual property. You cannot use, copy, or store any part of the Platform or its content for anything other than identifying the Services as belonging to MAM or its service providers, unless you have our explicit written permission. 

16. DISCLAIMER OF WARRANTY

The Platform is provided on an “as is” and “as available” basis. MAM, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, and service providers expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform, the Services, Content or the information included on this Platform.

17. TAX OBLIGATIONS

17.1. You are solely responsible to determine what, if any, taxes are applicable to your transactions on this Platform in your particular jurisdictions. MAM and the Platform are not responsible for determining the taxes that apply to the transactions on this Platform in your jurisdiction.

17.2. Pet Watch was proudly born in the UAE, and operates under Civil Law and UAE jurisdiction and therefore is compliant to the UAE Law. However, you are solely responsible to determine what, if any regulations, apply to your transactions in your particular jurisdictions. MAM and the Platform are not responsible for determining the laws that apply to the transactions on this Platform.

18. LIMITATION OF LIABILITY

18.1. At Pet Watch, we provide a seamless and convenient Platform for pet Owners and Sitters to connect and book Services for pets. We act as an intermediary between Owners and Sitters to facilitate this process. While we strive to create the best experience for all Users, we want to make it clear that we will not be held responsible or liable for incidents that occur outside of the Platform, including but not limited to any physical or verbal interactions between Users, any damage, loss, or theft of personal belongings during or after the Services have been provided. We urge Users to exercise caution and take necessary precautions to ensure their safety and well-being.

18.2. To the maximum extent permissible by applicable law, MAM, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, and service providers:

18.2.1. shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss of any kind arising out of, or related in any way to your use or inability to use the Platform and its content, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether or not MAM is advised of the possibility of such damages; 

18.2.2. exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform; and

18.2.3. In no event will MAM be liable for any damages in excess of the amount paid by you towards the price/charges of any Service (which where applicable shall be refunded by MAM) in respect to which the claim arose. You hereby release us from any and all obligations, liabilities and claims in excess of this limitation.

19. INDEMNITY

19.1. You agree to hold harmless and indemnify MAM, its parents, subsidiaries, service providers, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of:

    19.1.1. your breach of any part of these Terms;
    19.1.2. your violation of any applicable law, the rights of a third party, or your use of the Platform;
    19.1.3. any allegation that any content/information you submit to us or transmit to the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party.

20. ENTIRE UNDERSTANDING

These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) supersedes all prior terms, agreements, communications, oral or written and constitutes the entire understanding and agreement between you and MAM with respect to the use of the Platform.

21. TERMINATION

21.1. If we believe that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of MAM and Pet Watch, we may terminate or suspend your access to all or part of the Platform, or exercise any other remedy available and remove any unauthorized user information, without court order and without prior notice. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations as per Clause 14 and 15, 17 & 18 which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights.

21.2. MAM reserves the right, at its sole discretion, to control, limit, terminate, suspend or conclude your access to any part of the Platform at any point in time without reason, previous notice or liability. MAM may change, suspend or shut down any part of the Platform at any time without prior notice or liability to you or anyone else. MAM has the absolute right to disable User’s Account or put it on hold/review if the User is not complying with the rules. Regardless of such termination or suspension, you will continue to be subject to these Terms as mentioned herein. 

22. GOVERNING LAW & DISPUTES

22.1. The Terms shall be governed and construed in accordance with the Laws and Regulations of the United Arab Emirates. 

22.2. If you have a dispute or concern with Pet Watch or MAM, please contact us at info@petwatchapp.com. We shall endeavour to resolve all disputes or differences in relation to these Terms informally and amicably. Any dispute regarding these Terms which have not been resolved amicably shall be subject to the exclusive jurisdiction of the Dubai International Financial Centre Small Claims Tribunal (“DIFC SCT”), and the DIFC Courts in case the claim exceeds the DIFC SCT’s maximum claim threshold. 

23. GENERAL CLAUSES

23.1. Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable at any point, the invalid, illegal or unenforceable provisions will be severed, and the remaining provisions and obligations shall remain valid and enforceable.

23.2. No Waiver: Any failure by us to enforce and exercise any right, power or privilege under these Terms or other policies will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

23.3. Assignment & Third-Party Rights: You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

23.4. Amendments: Any subsequent changes, additions or otherwise modifications of any of these Terms or Privacy Policy or other policies shall be made at any time without prior notice to you.

23.5. Relationship: None of the provisions in these Terms shall be construed to constitute any User to be the agent, partner, distributor, legal representative, or employee of MAM for any purpose whatsoever and vice versa. Neither User nor MAM shall have the power or authority to bind the other except as specifically set out in these Terms.

24. COOKIES

MAM may use cookies, or other technologies, on its Platform. Cookies are small files or records that MAM may place on your browser for collecting information about your activities on the Platform, preparing reports, assessing trends, and otherwise monitoring the way in which the Platform is being used (“Cookies”). This is intended to enhance convenience for you, customize your visit to the Platform, and to assist MAM to run an efficient operation. Cookies can be created automatically on the device you use to access the Platform but do not contain personal information and do not compromise your privacy or security. By accepting these Terms, you confirm your consent to MAM’s use of Cookies, and other such technologies, for these purposes. If you have expressly contacted us, are browsing the Platform and/or expressed an interest in the Services, you have consented and agreed to this information being collected and stored. If you do not consent, it is your responsibility to disable or restrict the placement of cookies by configuring your browser settings which may affect your ability to use the Platform or to immediately refrain from using the Platform. For more information on Cookies please read our Privacy Policy.

25. ELECTRONIC COMMUNICATIONS

To fulfil our obligations to you under these Terms, we may wish to communicate with you by email, other electronic messaging and/or by posting notices on the Platform. We will use the email or phone number provided by you in your account for such communications. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications, which need to be in writing. If you submit someone else’s contact details to us to receive communications from MAM/Pet Watch, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from MAM/Pet Watch. If you wish to stop receiving promotional emails or promotional text messages, you may opt-out or unsubscribe by using your account settings.

26. TERMS APPLICABLE FOR IOS & ANDROID SOFTWARE

26.1. Pet Watch iOS App: Besides agreeing to these Terms, the following rules apply specifically when using any version of the Pet Watch App that works with Apple’s iOS operating system (“Apple”):

26.1.1 Apple is not a party to these Terms and does not own and is not responsible for any technology, software or content on the Pet Watch App. Apple is not providing any warranty for the iOS Pet Watch App except, if applicable, to refund the subscription price for it at its discretion. Apple is not responsible for maintenance or other support services for the iOS Pet Watch App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Pet Watch App, including any third-party liability claims, claims that the iOS Pet Watch App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS Pet Watch App, including those pertaining to intellectual property rights, must be directed to Pet Watch/MAM.

26.1.2. The right you have been granted in these Terms is limited to a non-transferable licence to use the Pet Watch App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Pet Watch App, such as your wireless data service agreement.

26.2. Pet Watch Android App: MAM, and not Google Inc. (“Google”), is solely responsible for the Android Pet Watch App. Google has no obligation to provide maintenance and support for the Android Pet Watch App, as per the following provisions:

26.2.1. Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the Android Pet Watch App, or your possession and/or use of the Android Pet Watch App, including but not limited to: (a) product liability; (b) any failure of the Android Pet Watch App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.

26.2.2. You as a user of the Android Pet Watch App represent and warrant that: (a) the Android Pet Watch App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a “terrorist-supporting” country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties.

26.2.3. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Android Pet Watch App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Android Pet Watch App to conform to any warranty. Google shall not be required to provide a refund to you under any circumstances.

27. NOTICE

27.1 Any notice, approval, consent, waiver or other communication sent by you to Pet Watch/MAM regarding these Terms must be in writing. You can deliver it personally, send it by fax, registered mail with return receipt, or by email (as long as you get electronic confirmation that it was received). You can also use other forms of recorded written communication that are tested before the transaction. Send it to MAM as follows:

27.1.1. Address: Unit GV-00-10-07-OF-02, Floor 7, Gate Village Building 10, DIFC, Dubai, UAE

27.1.2. E-mail:  info@petwatchapp.com 

28. CONTACT US

The Platform is operated by MAM, if you have any concerns about your Personal Data on the Platform, opinions, comments, feedback, messages or contact relating to the Platform, please contact us at info@petwatchapp.com with a thorough description, and we will try to address/resolve it.

29. AVAILABILITY AND HOURS OF OPERATION

The Platform is available 24 hours, 7 days a week to the User. If you would like to contact MAM or the Platform’s administrators, our hours of operation are Monday to Thursday, 10AM to 5PM, and Friday from 10AM to 3PM.

30. LAST AMENDMENT

These Terms were last amended on 15 June 2023. 

*End of Document*

 

APPENDIX 1:

PET OWNER TERMS & OBLIGATIONS 

1. OVERVIEW 

1.1. As a Pet Owner, we would like to make your Pet Watch experience as smooth and convenient as possible for you and your furry family members! In order to do so we have put together a list of obligations and terms that are specific to you and that apply to Pet Owners only. 

1.2. The specific obligations contained herein together with the Terms & Conditions, Privacy Policy and any other policies provided on the Platform shall form the entire understanding between the Owner and Pet Watch/MAM and shall supersede all prior agreements and understandings.

1.3. Terms that have been defined in the Terms & Conditions shall have the same meaning under these obligations.

2. ACCOUNT CREATION & ACTIVATION

2.1. To create an account on the Platform, you will need to submit certain required information/documentation (“Account Information”) as prompted which includes but is not limited to:

2.1.1. Basic Profile (Name, photo, bio, DOB, gender, email, location)

2.1.2. Pet Profile (Name, photo, gender, type, height, weight, age, breed, registration no., vaccination card, passport, bio); and

2.1.3. Identification & verification documents (Identity Proof, Address Proof, Bank Account/Credit Card Details).

2.2. We may amend or revise the required Account Information anytime, the above is not an exhaustive list, it is for illustration purposes, the full list of requirements shall be available to you during your Account creation;

2.3. Once all Account Information is submitted, your Account shall be under verification. Pet Watch reserves the right to accept or reject any account application as per our sole discretion of fulfilment of requirements; 

2.4. Once Pet Watch approves your Account, your Account will then be live and you will be able to start booking Service Requests and communicating with Sitters. 

3. SERVICE REQUEST BOOKING & MANAGEMENT

3.1. Once a Service Request is accepted by a Sitter, please ensure to provide all instructions and/or requirements as soon as practically possible.

3.2. In case you need to cancel a Service Request that has been accepted by a Sitter, you may do so without any charge at least One (1) hour prior to the Service schedule time for Short Service Requests (as defined in the Cancellation Policy) or Twenty-Four (24) hours prior to the Service schedule time for Long Service Requests (as defined in the Cancellation Policy). For more information on cancellations, please refer to our Cancellation Policy.

3.3. Please refrain from making more than one Service Request for the same scheduled time to avoid overbooking and late cancellation.

 4. PET OWNER OBLIGATIONS

4.1. All pet Owners who are registered and have access to Pet Watch must ensure to comply with the following obligations. Failure to comply may result in the disruption of your Pet Watch experience as mentioned under the Non-Compliance clause of the Terms & Conditions. 

4.1.1. Be responsible for vaccinating your pet(s) and ensure to upload your pet’s latest vaccination card to be able to use the Platform, updating their profile, and notifying your Sitter in writing through the Platform should your pet(s) have any illnesses, medical conditions, or allergies they need to be aware of before the booking of any Service Request;

4.1.2. We understand that your pets are important to you, and their health and well-being are your top priority. Please keep in mind that while Services are being provided, you will be directly responsible for any veterinary treatment your pet(s) may need. This includes any medical attention, medication, or other treatments that may be necessary to keep your pet(s) healthy and safe. We ask that you make the necessary arrangements ahead of time to ensure that your pet(s) are in good health and have access to appropriate veterinary care if needed. If you have any concerns or questions about your pet(s) health during the Service, please promptly communicate with the Sitter.

4.1.3. Ensure that no pet(s) left under the care of a Sitter is inherently dangerous, aggressive or has ever caused or may reasonably be expected to cause a person or animal any physical harm;

4.1.4. Communicate the essential details of your pet(s) and the respective Service(s), in writing via the Platform at the time of the Service Request and face-to-face at the time the Service(s) was booked for, while clearly setting out your expectations (“Handover”);

4.1.5. Inform and notify the Sitter and disclose to Pet Watch any special requirements, behaviours, allergies, dietary restrictions, if any, along with possible reactions and treatment options relating to your pet(s) in writing via the Platform at the time of the Service Request and provide special arrangements if required during Handover. 

You must ensure that the information provided regarding your pets’ allergies is accurate and up-to-date. Any changes to your pet’s allergies or medical conditions should be promptly communicated to Pet Watch and the designated Sitter. Failure to disclose any special requirements or conditions, if applicable, may result in penalties as per the Non-Compliance Clause at Pet Watch’s discretion. Further, please note that a Sitter is entitled to reject a Service Request in case they are unable to manage the disclosed information, for the safety of your pet(s). In case of non-disclosure of any health related requirements or concerns pertaining to your pet(s) or the disclosure of inaccurate/missing information, Pet Watch shall in no way be liable or responsible for any adverse effects or consequences that may arise as a result of such non-disclosure;

While every reasonable effort will be made to prevent allergen exposure, it is acknowledged that allergies can sometimes be unpredictable and may manifest despite the utmost care taken. Therefore, Pet Watch shall not be held liable for any allergic reactions or related issues experienced by the pet during or after Service.

4.1.6. Inform and notify the Sitter on the Platform if you will be abroad/travelling during the time of the Service and provide the details of an emergency contact that is residing in the UAE on your profile before booking any Service Request;

4.1.7. In the unlikely event of an emergency or allergic reactions, you shall be responsible for arranging and incurring any required costs including but not limited to vet treatments, medication, consultations for your pet(s), either directly or via the listed emergency contact;

4.1.8. Provide the Sitter with detailed feeding instructions in relation to food and treats for your pet(s) in writing via the Platform and during Handover, if applicable;

4.1.9. If your pet(s) drink bottled water, please ensure to provide the same during Handover, otherwise additional charges will apply;

4.1.10. Evaluate the suitability of the Sitter by thoroughly reviewing the Sitter’s profile on the Platform and directly communicating with the Sitter where appropriate;

4.1.11. Ensure that all information listed on your profile and your pet(s)’ profile is accurate and up to date before booking any Service Request;

4.1.12. Ensure not to have any pet(s) present at the property which aren’t explicitly disclosed when booking the Service(s) unless they do not require any care;

4.1.13. You shall be solely responsible for your personal belongings. Pet Watch shall not be held liable or responsible for any damage, loss, or theft of any of your property or personal belongings that may occur during the provision of the Services.

4.1.14. Adhere to all these Terms, Privacy Policy, and any other policies in relation to the use of this Platform;

4.1.15 Pay for the required Service(s) via the payment channels available on the Platform in advance of the Service(s). If you require additional Service(s), please ensure to modify your Service Request as soon as possible and note that there will be additional costs for the same.

4.1.16 At Pet Watch, we value respectful and courteous communication between all Users, including Sitters and pet Owners. We’d like to ask that you interact with Sitters politely and respectfully, whether through Platform communication or face-to-face interactions outside the Platform. Please understand that Pet Watch has a zero-tolerance policy for rude or disrespectful behavior between Users. We believe that all Users should be treated with kindness and respect, and we expect all Users to uphold these values in their interactions. Thank you for helping us maintain a positive and respectful community for pet lovers.

5. GUIDELINES FOR THE INTERACTION OF SITTERS & OWNERS

5.1. For the purpose of protecting your rights as an Owner, we have laid out the below guidelines to govern your interaction with the Sitters on the Platform:

5.1.1 Given that you will be communicating with the Sitters from the point of making a Service Request till the completion of the Service, please ensure that all communication takes place in writing through the Platform including but not limited to:

5.1.1.1. Communication with the Sitters prior to the Service;

5.1.1.2. Any additional instructions prior to or during the Service;

5.1.1.3. Any and all instructions, requirements pertaining to the Service.

5.1.2. Do note that any communication taking place outside of the Platform will not be considered by Pet Watch in case of a dispute pertaining to any of the Service Requests; 

5.1.3 To ensure that Pet Watch remains to be a safe environment, please also ensure that:

5.1.3.1. All communication on the Platform is limited to the Service, no other communication with the Sitters;

5.1.3.2. Do not share any confidential information with anyone on the Platform;

5.1.3.3. For your safety and privacy, we ask that you do not request any personal information, documents, or contact details from Sitters on the Pet Watch Platform. All the information and communication channels required for booking and managing pet Services will be available on the Platform. Our goal is to ensure that all Users’ personal information is kept safe and secure while using the Platform. By following this rule, you can help us maintain a secure and trusted community for pet lovers;

5.1.3.4. Refrain from using any inappropriate, offensive or rude language on the Platform.

6. PAYMENT TERMS

6.1. You will not be charged for registering an Account. However, you will be required to make a payment for the Services through the Platform (including any tax on the purchase price, if any) as per the Terms.

6.2. At Pet Watch, we understand that unexpected circumstances may arise that could lead to Service cancellation. We will do our best to help you find alternative arrangements for your pet(s) in such situations. If we need to cancel any services for any reason, we will do so without any charge to you. Our team will work with you to find other Sitters or solutions to ensure that your pet(s) receive the care they need. We value your trust in our services and are committed to delivering the best possible experience for you and your pet(s).

6.3. The following payment terms shall apply to the Owners:

6.3.1. By booking a Service Request, you authorise us and/or our third-party payment processer to process your credit/debit card details for the amount of your Service Request. Visa or MasterCard debit and credit cards in AED will be accepted for payment. We accept payment in United Arab Emirates Dirhams (“AED”) only by:

6.3.1.1. Visa, MasterCard or American Express credit/debit card;

6.3.1.2. Apple Pay; or 

6.3.1.3. Google Pay.

6.3.2. In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a direct or indirect result of making payments on the Platform through these third-party payment processors.

6.3.3. Acceptable modes of payment may be amended/updated at any time without prior notice to you.

6.3.4. Service(s) may be cancelled for any reason after the Service Request is made without any charge before One (1) hour of the Service date for Short Service Requests and Twenty-Four (24) hours for Long Service Requests, subject to the Cancellation Policy. Please refer to the Cancellation Policy for more information.

 

APPENDIX 2:

PET SITTER TERMS & OBLIGATIONS 

1. OVERVIEW 

1.1. As a Pet Sitter, we would like to make your Pet Watch experience as smooth and convenient as possible for you and your future furry friends! In order to do so we have put together a list of obligations and terms that are specific to you and that apply to Pet Sitters only. 

1.2. The specific obligations and guidelines pertaining to your specific User journey as a Per Sitter contained herein together with the Terms & Conditions, Privacy Policy and any other policies provided on the Platform shall form the entire understanding between the Owner and Pet Watch/MAM and shall supersede all prior agreements and understandings.

1.3. Terms that have been defined in the Terms & Conditions shall have the same meaning under these obligations.

2. ACCOUNT CREATION & ACTIVATION

2.1. To create an account on the Platform, you will need to submit certain required information/documentation (“Account Information”) as prompted which includes but is not limited to:

2.1.1. Basic Profile (Name, photo, bio, DOB, gender, years of experience, location)

2.1.2. Identification & verification documents (Identity Proof, Address Proof, Bank Account Details)

2.1.3. Service Catalogue; and

2.1.4. Availability Calendar 

2.2. We may amend or revise the required Account Information anytime, the above is not an exhaustive list, it is for illustration purposes, the full list of requirements shall be available to you during your Account creation;

2.3. Once all Account Information is submitted, your Account shall be under verification. Pet Watch reserves the right to accept or reject any account application as per their sole discretion of fulfilment of requirements; 

2.4. Once Pet Watch approves your Account, your Account will then be live and you will be able to start receiving and accepting Service Requests. 

3. CALENDAR & APPOINTMENT MANAGEMENT

3.1. Please ensure that

3.1.1. Your availability calendar is always updated;

3.1.2. Your active/inactive status is always updated;

3.1.3. You only accept Service Requests that you will be able to attend to; and

3.1.4. At Pet Watch, we understand that circumstances may require you to cancel a Service Request. If you need to cancel due to an emergency or last-minute situation, please inform the Owner and Pet Watch immediately to avoid penalties. We understand that unforeseen circumstances may arise, and we are here to support you and ensure that Owner and pet(s) receive the care they need.

4. PET SITTER OBLIGATIONS

4.1. All pet Sitters who are registered and have access to Pet Watch must ensure to comply with the following obligations. Failure to comply may result in the disruption of your Pet Watch experience as mentioned under the Non-Compliance clause of the Terms & Conditions. 

4.1.1. Ensure that all information, experiences and qualifications on your profile are accurate and up to date before accepting any Service Requests for your Service(s);

4.1.2. Abide to and exercise utmost diligence in reviewing all of the pet Owner’s requests and instructions concerning the pet’s overall health, habits, behaviours and allergies, if any, included in the Service Request, communications and during Handover;

4.1.3. Take appropriate precautions and adhere to any special instructions given by the Pet Owner to prevent exposure to allergens, if applicable. This may include avoiding certain foods, limiting outdoor activities in specific environments, or segregating pets with known allergies from others, as instructed.

4.1.4. Ensure to care for the pet(s) to the best of your ability and avoid any dangerous activities during the Service(s) that may cause harm to the pet(s). Pet Watch/MAM shall not be held responsible or liable for any injuries that occur to the pets during the provision of the Services;

4.1.5. Immediately contact the pet Owner via the Platform to collect the pet(s) if the they require any veterinary care and explain the details of the incident in writing;

4.1.6. If you are unable to reach the pet Owner or if the pet Owner is abroad and the pet’s health is at risk, immediately contact the emergency contact person that is provided in the Owner’s profile to collect and take the pet to a vet ASAP;

4.1.7. Immediately contact the pet Owner in the event of any damage to property or any personal belongings. Pet Watch shall not be held liable or responsible for any damage, loss, or theft of any of your property or personal belongings that may occur during the provision of the Services;

4.1.8. Do not leave any pet(s) unattended under any circumstances, without first informing the pet Owner and giving them reasonable time to arrange alternative pet care. If you do, your profile will be subject to review and suspension at the sole discretion of Pet Watch;

4.1.9 Do not allow any other person(s) to participate in the Service(s) unless they have been approved in writing by the pet Owner;

4.1.10. Do not charge pet Owners additional costs for any of the Service(s) via payment methods outside of the Platform. Accepting any payments outside of the Platform will lead to penalties at our discretion. 

5. GUIDELINES FOR THE INTERACTION OF SITTERS & OWNERS

5.1. For the purpose of protecting your rights as a Sitter and your due entitlement to the Sitter Payment (as defined under Clause 6.2.2), we have laid out the below guidelines to govern your interaction with the Owners on the Platform:

5.1.1. Given that you will be communicating with the Owners from the point of accepting a Service Request till the completion of the Service, please ensure that all communication takes place in writing through the Platform including but not limited to:

5.1.1.1. Communication with the Owners prior to the Service completion;

5.1.1.2. Any comments, feedback pertaining to the specific pets or incidents during the Service;

5.1.1.3. Any and all instructions, requirements pertaining to the Service.

5.1.2. Do note that any communication taking place outside of the Platform will not be considered by Pet Watch in case of a dispute pertaining to any of the Service Requests; 

5.1.3. To ensure that Pet Watch remains to be a safe environment and encourages positive and productive relationships between Users, please also ensure that:

5.1.3.1. All communication on the Platform is limited to the Service, no other communication with the Owners;

5.1.3.2. Do not share any confidential information with anyone on the Platform;

5.1.3.3. Refrain from using any inappropriate, offensive, or rude language on the Platform;

5.1.3.4. At Pet Watch, we value professionalism and respect in all interactions between our Sitters and pet Owners. We ask that you maintain a professional and polite communication style with Owners to make sure that expectations are aligned and that pet care Services are provided smoothly. If, for any reason, you are unable to do so or require guidance on communication style, please feel free to reach out to us for support or intervention as needed. Our team is here to help you with any help you may need to make sure that both you and the Owner have a positive and fulfilling experience.

6. PAYMENT TERMS

6.1. You will not be charged for registering an Account.

6.2. The following payment terms shall apply to the Sitters:

6.2.1. Pet Watch shall be entitled to a commission of Twenty-Five percent (25%) for the Service Request on the Platform (“Commission”). Pet Watch reserves the right to adjust/amend the percentage Commission defined herein by providing Fourteen (14) days written notice to the Sitter.

6.2.2. The Sitter shall be entitled to a payment amounting to the total price of Service(s) as listed on the Platform minus the Commission on each Service and any service fees/penalties or any other amounts due to Pet Watch, if applicable, on each Service Request (the “Sitter Payment”);

6.2.3. The Sitter Payment for each Service shall only become due between Forty-Eight (48) to Seventy-Two (72) hours after the completion of the Service. Please note that bank processing may take longer than anticipated, thus, please follow up with your respective bank for any due payments;

6.2.4. Pet Watch shall transfer the Sitter Payment to the Sitter via bank transfer, to the Sitter bank account that is provided on the Sitter profile.

6.2.5. No payments shall be due to the Sitter for any Services cancelled by the Owner before the Service date as per the Cancellation Policy. If the Owner cancels a Service Request while a Service is being provided, you, as the Sitter will still be entitled to receive payment for the time already spent providing the Service. If the Service is applicable for multiple days, the Sitter will receive compensation until the day the Service is cancelled, and the remaining days will be reimbursed to the Owner or not charged to them. We understand that cancellations can be disruptive, and we are committed to ensuring that our Sitters are compensated fairly for the time and effort they have put into caring for pets.

6.2.6. No payments shall be due to the Sitter for any Disputed Services which have been investigated by Pet Watch and has proven any breach by the Sitter of the Terms & Conditions, any Pet Watch Policies and/or any applicable laws and regulations. 

6.2.7. Pet Watch shall settle the Sitter Payment upon completion of each Service as per Clause 6.2.3.