Terms & conditions
1.0 Welcome to Walkies
1.1. Walkies operates a platform which connects pet Sitters with the owners of the pets they walk and/or provide other pet related services using our website at www.personalwalkies.com and mobile applications (the "Service")
1.2. The Service is operated by SwiftLab Ltd ("Walkies", "we", "our", or "us").
2.0 Key definitions used in these Terms of Service
2.1. Pet Sitter means a person that has registered with our Service to allow the Pet Owners whose pets they look after to view information generated by our Service;
2.2. Pet Owner means a person who owns a pet that is looked after or using our Service.
3.0 Your relationship with us
3.1. This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at support@personalwalkies.com to discuss what this means for you.
3.2. By setting up an account with us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Service.
3.3. Walkies is not party to any agreement you, as a Pet Sitter or Pet Owner, may enter into with another Pet Sitter or Pet Owner. The Service merely facilitates the viewing of walk and check in reports and other services and content generated by Pet Sitters for the viewing of Pet Owners.
4.0 Information about us
4.1. SwiftLab Ltd is incorporated and registered in the United Kingdom under company number 10265897. Our registered office is at The Shippon, Rindle Road, Astley, M29 7LG, United Kingdom.
5.0 Information about you
5.1. Your privacy is important to us. You should read our Privacy Policy https://www.iubenda.com/privacy-policy/78887434 to understand how we collect, use and share information about you.
6.0 Setting up an account
6.1. In order for Pet Sitters, and Pet Owners to access our Service and use certain features and areas of the Service, they must register with us and set up an account with an ID (associated with your email address) and password or by connecting your Facebook or other social media account to the Service as made available from time to time (your "Account"). We encourage you to use strong passwords with your Account.
6.2. You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use our Service.
6.3. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at support@personalwalkies.com straight away to let us know.
7.0 Your Content
7.1. You confirm that any images, text or information that you make available or create ("User Content") whilst using the Service will meet the Rules of Acceptable Use.
7.2. We do not claim ownership of your User Content. Instead, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, copy, reproduce and make available the User Content anywhere and in any form for the purposes of providing our Service (including allowing our users to view and use your User Content).
7.3. We will also occasionally publish media, including but not limited to images and video, contained in your User Content in the context of sharing media updates of pets on our website, mobile application and across third party social media applications. If you object to our use of the media contained in your User Content in this way, please contact us as support@personwalkies.com and we will remove them.
7.4. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
7.5. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if anybody objects to it, or we think that it breaks any of the Rules of Acceptable Use.
8.0 Walkies Plus and Walkies Pro
8.1. Walkies Pro can be purchased via an Apple in app purchase and a Stripe purchase. Walkies Pro gives a Pet Sitter more features, including the ability to shoot upto 6 videos on walks, drops ins, and pet sittings, take unlimited photos on walks, drop ins, and pet sittings, send automatic text messages to their customers as an alternative to emails, track weather conditions on walks and check ins, and keep vaccination records against a pet's profile. Uploading a vaccination certificate to a pet's profile requires Walkies Max.
8.2. Upon purchasing Walkies Pro via Stripe your chosen payment method will be chrged per month when your free trial ends. If you have previously had a free trial you will not get another upon a subsequent purchase of Walkies Pro. Your subscription will automatically renew.
8.3. Upon purchasing Walkies Pro via an Apple in app purchase your iTunes account will be charged per month when your free trial ends. If you have previously had a free trial you will not get another upon a subsequent purchase of Walkies Pro. Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. You can turn off auto-renew by going to your iTunes account.
8.4. We retain the right to change the Walkies Plus and Walkies Pro services at any point. See point 15 for more details.
9.0 Your right to use the Service
9.1. The materials and content comprising the Service (excluding User Content) belongs to us or our third party licensors and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service.
9.2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
9.3. Other than as allowed in these Terms of Service you are not given a right to use the "Walkies" name, or any of the "Walkies" trademarks, logos, domain names and other distinctive brand features.
9.4. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree: not to copy any portion of our Service;
- 9.4.1. not to give or sell or otherwise make available any portion of our Service to anybody else;
- 9.4.2 not to change our Service in any way;
- 9.4.3 not to look for or access the code of our Service that we have not expressly published publicly for general use.
9.5. You agree that you have no rights in or to any portion of the Service other than the right to use them in accordance with these Terms of Service.
10.0 Rules of Acceptable Use
10.1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
10.2. When using the Service you must not:
- 10.2.1. circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;
- 10.2.2. create more than one account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your account on the Service);
- 10.2.3. give any false or misleading information or permit another person, other than an employee of yours that is under an appropriate duty of confidentiality, to use the Service under your name or on your behalf;
- 10.2.4. impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Walkies, if this is not the case use the Service other than for its intended purpose as set out in these Terms of Service or if we have suspended or banned you from using it;
- 10.2.5. send junk, spam or repetitive messages, advocate, promote or engage in any illegal or unlawful conduct (including fraud or the sale of counterfeit or stolen items) or conduct that causes damage or injury to any person or property;
- 10.2.7. modify, interfere, intercept, disrupt or hack the Service or collect any data from the Service other than in accordance with these Terms of Service;
- 10.2.8. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
- 10.2.9. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, inaccurate or offensive;
- 10.2.10. submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties;
- 10.2.11. use any User Content in violation of any licensing terms specified by the owner;
- 10.2.12. submit or contribute any information or commentary about another person without that person's permission;
- 10.2.13. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person in particular any Walkies staff member;
- 10.2.14. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time.
10.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
- 10.3.1. immediate, temporary or permanent withdrawal of your right to use our Service;
- 10.3.2. immediate, temporary or permanent removal of any User Content;
- 10.3.3 issuing of a warning to you;
- 10.3.4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- 10.3.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.4. The responses described in this clause 10.3 are not limited, and we may take any other action we reasonably deem appropriate.
11.0 Notice and takedown policy
11.1. Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to support@personalwalkies.com. Please provide the information described below in the Infringement Notice:
- 11.1.1. your name and contact details;
- 11.1.2. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
- 11.1.3. a link to or such other means of identifying the problematic content.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim respond to you within a reasonable period of time on the action we propose to take.
12.0 Advertisements on the Service
12.1. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy.
13.0 Ending our relationship
13.1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
13.2. If you wish to end your use of the Service, you may deactivate your account by sending an email to support@personalwalkies.com and we will deactivate your account. If you deactivate your account, you will not be able to access the account or data previously stored in the account. For information on our retention of this data, please refer to our Privacy Policy.
13.3. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
13.4. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content.
13.5. If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses.
13.6. The termination of your use of the Service and the cancellation of your Account shall not affect any of your outstanding obligations to us.
14.0 Liability
14.1. You acknowledge that Walkies is not a party to any agreement between Pet Sitters and Pet Owners. Accordingly, Walkies will not be liable for any breach of a contract between Pet Sitters and Pet Owners. For the avoidance of doubt, the Pet Sitter is solely responsible for carrying out the Pet Sitting Services. Walkies assumes no liability for any loss or damage suffered by a Pet Owner, including harm caused to their pet, which is caused by the Pet Sitter's action or inaction.
14.2. Pet Sitters agree and accept liability for any loss or damage we may suffer in respect of any breach by Pet Sitters of these Terms of Service or any agreement with Pet Owners.
14.3. Pet Sitters agree to indemnify us for any loss or damage we may suffer as a result of any Pet Owner bringing any claim against us or taking any action against us as a result of any breach by Pet Sitters of these Terms of Service or any agreement with Pet Owners.
14.4. Pet Owners agree to indemnify us for any loss or damage we may suffer as a result of any claim or action brought against us as a result of any breach by Pet Owner of these Terms of Service or any agreement with Pet Owners.
14.5. Our Service makes available third party content such as User Content. As we do not produce such third party content, we cannot be responsible for it in any way. In particular, we cannot verify any claims made by a Pet Owner or Pet Sitter.
14.6. We will use reasonable endeavours to ensure that the Service is reasonably available during normal business hours.
14.7. Unfortunately, due to the nature of the Internet and technology, the Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
14.8. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
15.0 Changes to the Service
15.1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
15.2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service, features that you use, your Profile and your User Content ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.
15.3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account in the settings feature of the Service.
15.4. We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Service.
16.0 Changes to the documents
16.1. We may revise these Terms of Service from time to time and the most current version will always be at www.personalwalkies.com/terms-and-conditions.
16.2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
16.3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
16.4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
17.0 Documents that apply to our relationship with you
17.1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
17.2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
17.3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
18.0 Severability
18.1. If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.
19.0 Law
19.1. English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non- exclusive jurisdiction over any dispute arising from or related to your use of the Service. If you are resident in the EU, nothing in this clause shall affect your rights under the law of the country in which you live, including your right to have a dispute in relation to your use of the Service heard in the courts of that country.
20.0 Contact, feedback and complaints
20.1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at support@personalwalkies.com.
20.2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
21.0 Invoices
21.1. Invoices allows a Pet Sitter to be paid via the Walkies website.
21.2. We take a percentage of the invoice amount to cover the transaction fees we incur from our payment provider Stripe.
21.3. We retain the right to change the Invoices service at any point. See point 15 for more details.
22.0 Connecting Pet Owners using the Journal app
22.1. To connect a Pet Owner's record within a Pet Sitter's app to a Pet Owner's app a link is shared by the Pet Sitter to the corresponding Pet Owner. This link allows any user of the Journal app to connect their app to a Pet Owner's record. Pet Sitters and Pet Owners are responsible for all data shared and/or changed when/after connecting a Pet Owner to a Pet Sitter's customer record.
22.2. Walkies will not be liable for any incorrectly connected customer records and/or data shared and/or data changed that has happened due to the connecting of a Pet Owner's record within a Pet Sitter's app to a Pet Owner's app.
23.0 Google Maps features and content
23.1. The Service includes Google Maps features and content, including maps, place information and weather data.
23.2. Your use of Google Maps features and content is subject to the then-current versions of the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.