Business Terms and Conditions

These Terms and Conditions (the ‘Terms’) are read in conjunction with the information set out on the Booking System (the ‘Booking System’)

RECITALS

A. FurMumma provides services including but not limited to: pet sitting, dog walking, boarding, transporting, grooming, feeding, administering medications and caring for pets (the ‘Services’). You have engaged FurMumma to provide the Services.
B. By continuing with your booking after receiving these Terms, You accept the Terms and agree to the below.

1. Parties
You are the Client, and Your details are set out in the Booking System.

– AND –

FurMumma Pty Ltd ACN 654 611 659 t/a FurMumma of 19 Windsor Avenue, Springdale Heights NSW 2641 (‘FurMumma’).

2. The Engagement
(a) FurMumma agrees to perform the Services for You for the Services Fee, at the Services Location and for the Services Period confirmed in the Booking System, commencing on the Commencement Date.
(b) FurMumma agrees to commence the Services on the Commencement Date, upon acceptance of the Invoice and these Terms and Conditions, and upon payment of the required Services Fee as invoiced to You.
(c) You authorise FurMumma Personnel to enter into Your Property to perform the Services where necessary.

(d) These Terms and Conditions apply to all pets owned by You, and any new pet(s) that You obtain prior to the Commencement Date.

3. Fees
(a) Pricing for Services is set out on the Website. Pricing displayed on the Website is an estimate only. The final Services Fee (the ‘Services Fee’) is dependent on the Services You book through the Booking System. The Services Fee will be issued to You in an Invoice once You complete your booking.

(b) You agree to pay FurMumma the Services Fee as set out in the Invoice issued to You upon completion of your booking.

(c) FurMumma reserves the right to charge You Additional Fees at the rate of $66 per hour should FurMumma need to take Your pet(s) to a veterinarian or need to restock Supplies for Your pet(s) during the Services Period.

(d) You agree to pay any veterinary fees and costs incurred for Your pet(s) if your pet(s)become ill or require veterinary care during the Services Period.

(e) You agree to reimburse FurMumma for the cost of any supplies restocked for Your Pet(s) within 7 days of provision to you of the receipts for restocked supplies.

(f) The Services Fee must be paid prior to the date on which the Services commence (the Commencement Date).

(g) Any Additional Fees must be paid by you within 7 days of receipt of an Invoice from FurMumma.

(h) The Services Fee can be paid by:
(i) Direct Deposit; or
(ii) Cash

Direct deposit details will be listed in the Invoice issued to You when You complete your booking.

(i) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

4. Cancellation and Refund Policy
(a) Fur Mumma understands that You may need to cancel your booking, in which case the following cancellation and refund policy will apply (Cancellation and Refund Policy).
(b) You may cancel a booking by email to emma@furmumma.com.au or calling 0419263158. You may also cancel any booking directly via the portal.

(c) If You cancel a booking the following cancellation fees and refunds will apply:
(i) If You cancel a booking with less than 24 hours’ notice the full Services Fee is payable. If the Services Fee has been paid prior to cancellation it will be forfeited.

(ii) If You cancel a booking with 24-48 hours’ notice 50% of the Services Fee is payable. If the Services Fee has been paid prior to cancellation 50% of the Services Fee will be refunded and the remaining 50% is forfeited.

(iii) If You cancel a booking with more than 48 hours’ notice you will not incur a cancellation fee. If the Services Fee has been paid prior to cancellation it will be refunded.
(iv) If You cancel a Christmas, Easter or public holiday booking with less than 72 hours notice the full Services Fees is payable. If the Services Fee has been paid prior to cancellation it will be forfeited.

(d) FurMumma does not provide a refund of any part of the Services Fee if You depart later than or return home earlier than the dates nominated in your booking for the Services Period.

(e) FurMumma will provide You with a refund of the Services Fee in the event that FurMumma is unable to continue to provide the Services.

(f) FurMumma can change the Cancellation and Refund Policy without notice. Bookings made in advance of the change will not be affected.

5. FurMumma Obligations
(a) Throughout the Services Period, FurMumma agrees:
(i) to perform the Services with due care and skill with a focus on Your pet(s)’ wellbeing and enrichment;
(ii) to take all reasonable precautions against sickness, injury, escape, loss, accidents or death of Your pet(s);
(iii) to re-secure Your Property to the best of its ability upon leaving it at the end of each visit during the Services Period;
(iv) to take all appropriate actions to ensure that Your pet(s) are not placed in the company of aggressive or violent animals and to immediately remove Your pet(s) from any animal fight.
(v) to inform You of any changes in the Services or any potential issues, real or reasonably anticipated, with the Services.
(b) In the case of an emergency, FurMumma Personnel may perform First Aid or CPR on Your pet(s) prior to transporting them to a veterinarian clinic for further treatment, in order to increase their chances of survival.
(c ) Boarding is available for dogs only. FurMumma can board up to 2 dogs from the same household at once. FurMumma reserves the right to board additional dogs in special circumstances at the sole discretion of FurMumma. Boarding dogs may have access to inside the home at FurMumma’s discretion if they are fully toilet trained and do not display destructive or anti-social behavior. At all other times, boarding dogs will be contained in a secure yard or crate. Boarding dogs are crated at night for sleeping. Any boarding dogs that consistently bark or display destructive or anti-social behavior may need to be crated at times during the day.
(d) FurMumma does not generally offer off-leash walking or activities. In certain circumstances an exception may be made, however prior to doing so You will be required to sign a permission slip provided to you by FurMumma. Should an exception by made and you sign the permission slip, You agree that if Your dog(s) run away or are injured during the off-leash time, FurMumma will not be held liable for any damages, loss or injury resulting to other people, other animals or to the Your dog(s).
(e) FurMumma has the right to make any changes to the Services which are necessary to comply with any applicable law.

6. Your Obligations
(a) You agree to attend to the following before the Commencement Date:

(i) disclose to FurMumma all information about Your pet(s) past behavioral issues that may arise during the Service Period;

(ii) provide all necessary equipment and supplies needed for the care of Your pet(s) including but not limited to harness or collar and leash for walks or in case of emergencies, pet food, medications, identification tags, litter boxes, cat litter and cleaning supplies (the Supplies);

(iii) pet-proof Your Property, yard and security fences/gates/latches;

(iv) secure Your Property prior to leaving the premises;

(v) provide a key to Your Property to FurMumma;

(vi) disclose any issues related to Your Property eg pest problems;

(vii) notify FurMumma of any expected guest or person(s) that may have access to or enter Your Property during the service period to avoid any misunderstandings that may result in a Police call out or impose potential risk to FurMumma Personnel;

(viii) if You have requested plant care and watering, place all indoor plants together on a waterproof surface in plain sight and provide any instructions about plant care and watering;

(ix) if Your dog(s) are boarding, Your dog(s) must be well trained and socialised, have full up to date C5 vaccinations (or equivalent titer testing) and be free from fleas and worms. De-sexing isn’t essential, but You must advise FurMumma if Your dog(s) are not de-sexed.

(b) You agree that all bookings for pet sitting services must be made with FurMumma and are not to be made directly with FurMumma Personnel.

(c) You will only use the personal telephone number of FurMumma Personnel to contact FurMumma Personnel during the Services Period in the event of an emergency.

(d) You agree that You will not solicit or approach FurMumma personnel to engage their services for pet sitting, dog walking, boarding, transporting, feeding, administering medications and caring for pets.

(e) You acknowledge that any breach by you of clause 6(b) would cause irreparable harm and significant damage to FurMumma and accordingly that FurMumma has the right to seek and obtain injunctive relief and/or damages in relation to any such breach.

7. Termination of this Agreement
7.1. For FurMumma
(a) FurMumma may terminate the Engagement with You immediately if at any time FurMumma considers Your pet(s) pose a danger to the safety and health of Your pet(s), other people, other pets or FurMumma Personnel. FurMumma will attempt to contact to contact You to arrange alternative care. If You cannot be contacted, and if your emergency contact cannot be contacted, You authorise FurMumma to place Your pet(s) in a licensed kennel with all charges and fees arising to be Your responsibility.
(b) FurMumma may terminate the Engagement with You for any breach of these terms and conditions by providing 1 days’ written notice to You by email.
(c) If FurMumma terminates the Engagement, FurMumma will refund to You Service Fees for the portion of the Services not yet completed.
7.2 For You
You may terminate the Engagement with FurMumma for any breach of these terms and conditions by providing 1 days’ written notice to FurMumma by email to emma@furmumma.com.au.

8. Force Majeure
(a) If circumstances beyond FurMumma’s control prevent or hinder its provision of the Services, FurMumma Personnel will not abandon Your pet(s) and will make all reasonable attempts to contact You and/or your emergency contact to make alternative arrangements for the care of Your pet(s). FurMumma may elect to terminate this Agreement or keep the Agreement remaining current until such circumstances have ceased.
(b) Circumstances beyond FurMumma’s control include, but are not limited to, shortage of labour, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, failures or malfunctions of computers or other information technology systems.
(c) For the sake of clarity, if in FurMumma’s reasonable opinion, the provision of the Services will be affected by the covid-19 Pandemic, FurMumma may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, FurMumma will not be liable for any losses or damage due to the covid-19 Pandemic. If You choose to terminate an agreement due to the covid-19 Pandemic, clause 7.2 will apply.

9. Liability, indemnity and waivers
9.1. Liability
(a) You accept liability for all medical expenses and other damages resulting from an injury to FurMumma Personnel, other persons or other animal(s) caused by Your pet(s).
(b) You expressly understand and agree that FurMumma and its Personnel shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by FurMumma, however caused and under any theory of liability; including, but not limited to: any damage to Your home or property; burglary or other crime; wilted, dead or otherwise unhealthy plants in Your home or property; sickness, injury, escape, loss, accidents or death of Your pet(s); death or personal injury and any other intangible loss.
9.2. Indemnity
You agree to indemnify, hold harmless and defend FurMumma and its personnel from and against all Losses and threatened Losses arising from, in connection with, or based upon any claim or action by a third party alleging (i) death or bodily injury, or (ii) damage, loss or destruction of any real or tangible personal property, to the extent caused by Your pet(s) or by the fault or negligence of FurMumma and its Personnel when caring for Your pet(s).

9.3. Waivers
(a) A waiver of any right, power or remedy under this agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under this agreement does not amount to a waiver.

10. General matters
10.1. Communication between Parties
The parties agree to communicate via e-mail and telephone.
10.2. Disclosure and Use of Confidential Information
(a) All obligations of confidence set out in this Agreement continue in full force and effect after the Completion Date.
(b) FurMumma must not disclose any Confidential Information to any third party, including the customer and/or its agents, employees or servants, without Your prior consent.
(c) FurMumma must not use any Confidential Information without Your prior consent.
(d) This Agreement prohibits the disclosure of Confidential Information by FurMumma with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You have consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of FurMumma.

11. Marketing
(a) You agree that FurMumma can take and use pictures and videos of Your pet(s) on its website, social media and marketing materials for promotional and marketing purposes. If You do not wish to have pictures and videos of Your pet(s) used, please notify FurMumma in writing at emma@furmumma.com.au.

(b) You agree that any testimonials that may be provided by You from time to time may be used by FurMumma for marketing purposes.

12. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

13. Governing Law & Jurisdiction
(a) This Agreement is governed by the laws of New South Wales, Australia.
(b) In the event of any dispute arising out of or in relation to the Services, FurMumma agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.

14. Dispute Resolution & Mediation
(a) If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) A party to this Agreement claiming a dispute (the ‘Dispute’) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the ‘Notice’).
(c) On receipt of the Notice by the other party, the parties to this Agreement (the ‘Parties’) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(d) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by You or Your nominee and attend a mediation.
(e) It is agreed that mediation will be held in New South Wales, Australia.
(f) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(g) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
(h) If thirty 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
(i) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

15. Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

16. Assignment
FurMumma agrees for You to delegate, assign, novate and/or subcontract any obligations pursuant to this Agreement to any person without FurMumma’s consent.

17. Entire Agreement and Modifications
Both You and FurMumma confirm and acknowledge that:

a) This Agreement shall constitute the entire agreement between You and FurMumma and shall supersede and override all previous communications, either oral or written, between the parties;
b) No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and
c) If for whatever reason there is inconsistency between this Agreement and any other agreement, this Agreement shall prevail.

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