Terms and Conditions
These terms and conditions (Terms) are a contract between Kimberly Elford, trading as Kimberly’s Pet Taxi and Services, ABN 27 409 098 983 together with any independent contractors who provide you with services in conjunction with Kimberly Elford (referred to in these Terms as Kimberly’s) and any person who uses (you) the pet taxi and any of the pet care services offered by Kimberly’s (Services), govern your use of the Services.
By making a booking with Kimberly’s for the Services over the phone, using Kimberly’s’ website, by email or verbally with a staff member of Kimberly’s or by any other notification, you confirm acceptance of all of the terms and conditions of these Terms.
1.1. Use of Services. In consideration for your use of the Services, you agree to (a) use; and to (b) pay for the Services in accordance with these Terms.
1.2. Pets. You must (a) inform Kimberly’s prior to the date that Kimberly’s is to collect your pet (Collection Date) if the pet has aggressive tendencies or a tendency to run or fly away; (b) where clause 1.2(a) applies, provide a muzzle, cage, leash or any other equipment required to restrain your pet; and (c) ensure that (i) your pet has had an adequate chance to relieve itself prior to the time of collection on the Collection Date and (ii) your pet has been appropriately vaccinated prior to the time of collection on the Collection Date.
1.3 Right of Refusal. Kimberly’s reserves the right to refuse to provide the Services to you for any reason in Kimberly’s’ reasonable discretion. If Kimberly’s exercises this right on arrival for Collection or any of the services provided by Kimberly’s, you will still be required to pay Kimberly’s the full fee for the Services.
1.4 Property. If Kimberly’s provides you with any Services on or in conjunction your property, you acknowledge that you must take all precautions necessary to avoid damage of your property, including (a) securing and safeguarding all valuables at your property or on your premises (b) ensuring that all parts of your property to be accessed by Kimberly’s for purposes of providing the Services will be safe.
1.5 Risk. (a) While Kimberly’s will do its utmost to ensure that your pet/s are looked after during the course of providing the Services, you accept that you are using the Services at your own risk. (b) You accept that under these Terms, you will be legally liable for any damage or loss caused by your pet. (c) If Kimberly’s delivers your pet to any destination, Kimberly’s is not liable for any incident that occurs in respect of your pet at that destination, regardless of whether Kimberly’s is booked to collect the pet after the visit.
1.6 Vet Services. While your pet is in Kimberly’s’ care, as a safety measure, you authorize Kimberly’s to obtain medical treatment for your pet at your cost if any incident occurs or if any serious medical problem with your pet is discovered. Kimberly’s is not liable or in any way required to obtain or provide medical treatment in accordance with this clause
2. BOOKINGS AND FEES
2.1. Bookings. (a) To use the Services, you must make a booking for the services (Booking). (b) You must provide all of the information required by Kimberly’s as at the time of the Booking. (c) Kimberly’s reserves the right to reject Bookings that do not contain all of the relevant information or Bookings that are made less than 24 hours prior to the Collection Date.
2.2 Fees. You must (a) pay the fees for the Services that Kimberly’s specifies are applicable as at the time of your Booking, (b) pay Kimberly’s using one of the methods of payment that Kimberly’s specifies are acceptable as at the time of the Booking, (c) pay Kimberly’s at the time of the Booking or, if Kimberly’s approves it beforehand, you may pay Kimberly’s after the date of the Booking but prior to the time that the Services are provided to you. You accept that Kimberly’s is not required to provide the Services to you without receiving payment in full prior to the Collection Date.
3.2 Cancellations. If you wish to cancel a Booking, you must provide Kimberly’s with a minimum of 2 weeks notice prior to the Commencement Date. If you cancel a Booking within 24 hours of the Commencement Date, Kimberly’s reserves the right to charge the full amount of fees payable for the Services described in the Booking,therefore their will be no refund for services cancelled,if booking already paid for.Kimberly’s do not refund for early arrivals once the service has started and you cancel the service.Kimberly’s do not refund on cancelled services in peak periods,such as Christmas,school holidays or long weekends.
3.3 Pet Owner(s) will be required to complete a Owners agreement prior to commencement of care. If the Pet Owner(s) have not completed a Service Contract when commencement of care has started, the Pet Owner(s) agree by default to all Terms and Conditions of Business as stipulated on this page
3.4The Pet Owner(s) authorises the “signed” Owners Agreement/ or any verbal agreement of service to be valid approval for future services for any purpose provided by the Owners Agreement Contract permitting Kimberly’s sitter/minder/carer (and Kimberly’s Pet Taxi and services) to accept telephone or email reservations for service and to enter premises without additional signed Owners Agreement contracts or written authorisation.
3.5 For valuable consideration, receipt of which is hereby acknowledged, the undersigned, being the legal owner of, or having full legal rights to permit use commercial use of photographs of, the pet(s) (the *Property*) listed in this document hereby grant Kimberly Elford (“Photographer”) , his/her legal representatives and successors, as well as persons and companies, including Kimberly’s, acting with his/her permission, the irrevocable right and permission, throughout the world, in connection with the photographs he/she has taken of the property described above, or in which the property may be included with others, the following:
(a) the right to use and reuse and publish, in any manner at all, said photographs, in whole or in part, modified or altered, either by themselves or in conjunction with other photographs, in any medium or form of distribution, and for any purposes whatsoever, including, without limitation, all promotional and advertising uses, non-commercial or commercial display, broadcast, exhibition of the final production, and other trade purposes, as well as using my name in connection therewith, if he/she so desires; and
(b) the right to copyright said photographs in his/her own name or in any other name that he/she may select.
I waive the right to inspect or approve the finished product or copy and any use thereof.
I agree that the photographs, reproductions, and negatives thereof shall constitute the photographer’s sole property, and that the photographer has the full right to dispose of any or all of them in any manner whatsoever.
I hereby forever release and discharge Photographer and his/her respective representatives, licensees, successors and assigns, specifically Kimberly’s and its clients, from any and all claims, actions and demands arising out of or in connection with the use of said photographs, including, without limitation, any and all claims for invasion of privacy and libel.
4. WARRANTIES AND DISCLAIMERS
4.1 Mutual Warranty. Each party represents and warrants that it has the legal power to enter into these Terms.
4.2 Disclaimer. Unless specifically set out in these Terms, or as otherwise required by law, neither you nor Kimberly’s make any warranties of any kind.
5. INDEMNITY AND REMEDY
5.1 Definition In this clause 5, Losses means, in relation to any fact, matter or circumstance, all losses, costs, damages, losses due to death or injury, expenses, penalties, third party claims and other liabilities arising out of or in connection with that fact, matter or circumstance and including all legal expenses (on a solicitor‑client basis) incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding relating to that fact, matter or circumstance (including any claim, action, demand or proceeding based on the terms of these Terms) and including all foreseeable and consequential loss.
5.2 Indemnity. You indemnify and must keep Kimberly’s indemnified against (a) any Losses incurred as a result of your breach of these Terms (b) as a result of Losses incurred because of anything done by your pet whilst it is in Kimberly’s care.
6.1 Amendments. Kimberly’s may amend these terms from time to time by providing written notification to you.
6.2 Waivers. The non-exercise of any power or right does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of any other power or right. A power or right may only be waived in writing.
6.3 Severance. If anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these Terms remains in force, unless the severance would change the underlying principal commercial purpose or effect of these Terms.
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Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
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