MOBIPETZ PTE LTD
TERMS OF SERVICE FOR PET CARE SERVICE PROVIDERS
These Terms of Service (“Terms”) govern your use of the MobiPetz mobile application, website, application programming interfaces, content, products and other services offered by MobiPetz (hereinafter called MobiPetz, the Company or us or platform), services or products offered through third parties integrating MobiPetz functionality (collectively, the “Services” or the “products”).
MobiPetz is a mobile first, integrated technology platform that enables third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Care Service Providers”) to connect with each other. MobiPetz has no control over the conduct of Pet Care Service Providers or any other users of the Services including but not limited to Pet Owners.
YOU ACKNOWLEDGE AND AGREE THAT MOBIPETZ IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
1. Acceptance of These Terms of Use
1.1. By agreeing to these Terms, and/or by using or accessing the Services (including without an account), you expressly acknowledge that you understand and accept all of the terms (including but not limited to dispute resolution provisions).
1.2. By using the MobiPetz application you are agreeing to these terms. If you do not agree to these terms or be bound by the terms and conditions of these terms, you may not access the services provided through the MobiPetz platform.
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2. Changes to these Terms
MobiPetz in sole discretion may, amend the Terms and modify or update the Services from time to time. For any changes to these existing Terms, we give you notice by posting the revised Terms on the Services on the platform. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.
3. Any Additional Terms
Our Privacy Policy available on our website HERE , and other Policies applicable to your use of the Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Services. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Services. If you violate the provisions of the Additional Terms, MobiPetz may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Services in whole or in part. By continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
4. MobiPetz as a mobile first, integrated technology Platform
4.1. MobiPetz Services include technology platform that connects Pet Care Service Providers with Pet Owners. We do not provide any pet care services or products and we make no representations or warranties about the quality of pet care services including pet marketplace, grooming, boarding, walking, training or other services provided by Pet Care Service Providers, or about your interactions and dealings with pet care service users’ other Pet Care Service Providers or other users.
4.2. MobiPetz does not employ, recommend, or endorse Pet Owners or Pet Care Service Providers, and is not responsible or liable for the performance or conduct of Pet Owners or Pet Care Service Providers, whether online or offline. MobiPetz does not provide or extend any insurance for Pet Care Service Providers, or pet care owners nor is responsible for the property of Pet Owners or Pet Care Service Providers.
4.3. MobiPetz does not provide certifications and/or licenses, permits or permissions for pet care service providers and does not independently verify information on any background checks with respect to these certifications and/or licenses, permits or permissions. However MobiPetz requires each pet care service provider, upon account registration with MobiPetz, to provide relevant certifications, licenses and permits required to provide the services or products listed by the pet care service provider on the platform. The pet care service provider declares that all such documents provided to MobiPetz are genuine and valid. The pet care service provider indemnifies and holds harmless MobiPetz against any damages, claims or loss due to an incorrect or false submission.
5. Acceptable Use of the Services
You are responsible for any use of the Services made using your account. We prohibit certain kinds of conduct that may be harmful to other users, service providers, third parties, or to MobiPetz. As a service provider with MobiPetz you may not:
5.1. violate any law or regulation or use the Services for any unintended or illegal purposes;
5.2. provide any false information in your profile on, or registration for provision of the Services;
5.3. violate, infringe, or misappropriate any intellectual property, privacy, publicity, or other legal rights that may belong to others
5.4. post or share anything that is illegal, abusive, threatening, harassing, harmful to reputation, is inappropriate, hateful, indecent, profane, racist, or any form that may considered objectionable; demonstrate nudity or graphic violence, incite violence, violate, nudity or
5.5. send unsolicited or unauthorized advertising or commercial communications, including but not limited to spam;
5.6. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
5.7. transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
5.8. stalk, harass, or harm another service provider, user or individual that is associated with MobiPetz services;
5.9. Maintain more than one account (or, with MobiPetz), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;
5.10. use any means to scrape or crawl any Web pages contained in the Services;
5.11. use the Services to identify pet care users to complete any off-line transactions that circumvent your payment obligations for the services;
5.12. use the services for purposes of competing with MobiPetz
5.13. authorize other users to use your user status or transfer your account to any other person or entity;
5.14. attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Services;
5.15. interfere with MobiPetz provision of, or any other user’s use of, the Services;
5.16. attempt to disassemble, or reverse engineer any of the software or other underlying code used to provide the services via MobiPetz;
5.17. solicit another user’s username, password or any other sensitive personal information including bank details;
5.18. post reviews about Pet Care Service Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these terms or any additional terms;
5.19. use the Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services; or
5.20. advocate, encourage, or assist any third party in doing any of the foregoing.
5.21. Transfer or authorize the use of your account of MobiPetz to any other person, or to engage in fraudulent transactions.
5.22. Provide any false or misleading information in your profile on, or registration for, the MobiPetz Service, or to create multiple or duplicate accounts.
5.23. Interfere with our provision of, or any other user’s use of, MobiPetz application.
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6. Prices of Products or Services
6.1. Listing Price: The price of the Products or services payable by a Pet Owner shall be the Listing Price at the time at which the Order placed by the pet owner is transmitted to pet care service provider (through the Platform).
6.2. Taxes: All Listing Prices are subject to taxes, unless otherwise stated.
6.3. Service provider is solely responsible for setting the price payable by Pet Owner for each Booking/Order and acknowledges that such price is not advised, agreed or in any way arranged with MobiPetz or any other service provider.
7. Service Provider Payment Terms
7.1. Payment terms applicable to service provider shall be as agreed in the Pet Care Service Provider Service Fees Agreement signed between the Service Provider and MobiPetz.
7.2. Such Pet Care Service Provider Service Fees Agreement will form an integral part of this agreement.
7.3. All terms of this agreement shall apply in full to the Pet Care Service Provider Service Fees Agreement so signed and the terms of this agreement shall supercede any conflicting terms in the Pet Care Service Provider Service Fees Agreement.
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8. Google Maps
Use of MobiPetz Service requires use of Google Maps features including its content. These are are subject to (1) the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using MobiPetz Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from MobiPetz Service.
9. Compliance with Applicable Laws and Certifications
9.1. By accessing and using MobiPetz Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, MobiPetz application.
9.2. For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, permits and certifications necessary to legally provide Pet Care Services; and that, when providing Pet Care Services, you shall comply with applicable pet care service related laws.
9.3. You acknowledge that MobiPetz is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
10. Suspension and Termination
You understand and agree that we have no obligation to provide MobiPetz in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the MobiPetz app: (1) if in our discretion your conduct on the Site or MobiPetz app is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect MobiPetz, its users, pets, or the public. You may suspend or terminate your use of the MobiPetz application at any time and for any reason. If you wish to deactivate your account, please contact support@mobipetz.com. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
11. Registration; Account Security
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11.1. In order to use some aspects of MobiPetz application, you may be required to create a username, password, and a user profile. If you elect to use MobiPetz, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if MobiPetz suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and/or password for MobiPetz and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
11.2. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
11.3. if you are below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use
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12. Privacy
Our collection and use of your personal information on MobiPetz application is described in our Privacy policy. By accessing or using the MobiPetz application, you acknowledge that you have read and understand the Privacy policy.
13. Your Content.
13.1. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the MobiPetz application or otherwise in connection with using MobiPetz and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners.
13.2. Licenses: Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant MobiPetz an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting MobiPetz and to sublicense these rights to third parties.
13.3. Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release MobiPetz and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license terms and other provisions of these Terms.
13.4. Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
13.5. Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on MobiPetz application. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
13.6. Reviews. The MobiPetz Service may provide the ability to leave public and/or private reviews of users or their pets.. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the MobiPetz Service, whether before or after termination of your account with MobiPetz. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from MobiPetz at any time.
14. Currency of Payment
All fees, deductible amounts and other payments referenced on, or charged through, the MobiPetz application are listed and payable in local currency.
15. Cancellations & Refunds
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15.1. Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner. . If Service provider repeatedly cancels accepted Bookings without justification, MobiPetz may terminate Service Provider’s account.
15.2. General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the MobiPetz application to do so. The date of cancellation is the date that a user or Service Provider cancels through MobiPetz, regardless of any separate communications between users outside of the MobiPetz.
15.3. Payment Disputes; Payment Outside of the MobiPetz Service. MobiPetz initiates payments to Service Providers as per the terms of our third party payment provider service and in accordance with Pet Care Service Provider Service Fees Agreement. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and MobiPetz has no obligation to mediate or facilitate any resolution.
15.4. Further, MobiPetz has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the MobiPetz Service.
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16. Payment Holds
If you are a Service Provider, MobiPetz reserves the right to issue a hold on amounts otherwise payable to you if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of MobiPetz, the MobiPetz community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
17. Taxes
Except for taxes on MobiPetz’s income and gross receipts or where MobiPetz is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your sale, provision, or marketing of Pet Care Services via MobiPetz. This includes, without limitation, any form of sales tax, GST, or income tax on fees paid or received by you through MobiPetz .
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18. Payment Processing
18.1. Payment processing services are provided by an authorized third party payment processing provider and subject to the account agreement that you service provider will sign as sub-merchant of MobiPetz with such third party payment processing provider.
18.2. By using MobiPetz to receive payment, you will be asked to set up a third party payment processing account and accept the Terms.
18.3. You authorize MobiPetz to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your third Party Payment processing sub-merchant Account to facilitate payment related to Pet Care Services you provide or sell through MobiPetz.
18.4. You further agree to provide accurate and complete information about you and your business, and authorize MobiPetz to share it and transaction information with third party payment processing provider for the purposes of facilitating the payment processing services provided by them.
18.5. MobiPetz reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
19. Phone, Text and Mobile Communications
19.1. Consent to Autodialed Text Messages You consent to MobiPetz communicating with you about the MobiPetz Service by SMS, text message, email and other electronic means, including autodialed text messages containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of using the MobiPetz Service, and you may opt-out of receiving these messages at any time as described in our Privacy policy (though you may continue to receive messages while MobiPetz processes your request).
19.2. Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your MobiPetz account information promptly to ensure that messages are not sent to the person who acquires your old number.
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20. Intellectual property
20.1. Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
20.2. Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Permissions will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
20.3. Trademarks: The Trademarks are registered and unregistered trademarks of MobiPetz or third parties on the platforms. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission of any other applicable trademark owner or owners.
21. Termination
21.1. Termination by us: We may with immediate effect upon giving you notice, in our sole discretion, terminate your use of the Platform and/or Services and/or disable your Username, Password and other means of access. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
21.2. Termination by you: You may also terminate these Terms of Use by giving thirty days’ written notice to MobiPetz to our registered office address or to admin@mobipetz.com
22. General
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22.1. Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
22.2. No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
22.3. Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.
22.4. Rights of Third Parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
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23. Governing law
Use of the MobiPetz platform and/or the Services and these Terms of Use shall be governed by Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
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24. Dispute Resolution
24.1. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
24.2. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
25. Amendments
25.1. We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
25.2. Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
25.3. Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
25.4. Entire Agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
25.5. Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
25.6. Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
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26. Assignment
You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
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27. Force Majeure
The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases MobiPetz may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s cancellation policy.
28. Interpretation
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of MobiPetz and the provision which is more favourable to MobiPetz shall prevail.
Schedule 1 - Definitions
1.1 “Pet Owner”or “Customer” or “User” means an authorised user of the Platform and/or the Services.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “MobiPetz Indemnitees” means MobiPetz all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “MobiPetz”, “we”, “our” and “us” refer to MobiPetz Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 202301795G and having its registered address at 105 CECIL STREET, #06-02H, THE OCTAGON, SINGAPORE 069534
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6 “Loss” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.8 “Booking” or “Order” means an order for Products or Services sent through the Platform in accordance with the relevant Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a user who has an account with MobiPetz may use in conjunction with the Username to access the relevant Platform and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by MobiPetz which is presently located at the following URL: www.MobiPetz.com; and (b) the mobile applications made available from time to time by MobiPetz, including the iOS and Android versions.
1.12 Privacy Policy” means the privacy policy set out on website at www.mobipetz.com/privacypolicy
1.13 “Product” means a product (including any installation of the product or any parts thereof) available for sale to Customers / Pet Owners on the Platform.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
1.14.1 contains any computer virus or other invasive or damaging code, program or macro;
1.14.2 infringes any third-party Intellectual Property or any other proprietary rights;
1.14.3 is defamatory, libellous, or threatening;
1.14.4 is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
1.14.5 is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available for booking / ordering by a service provider on the Platform.
1.16 “Terms & Conditions of Sale for MobiPetz” means the terms and conditions governing a Customer’s purchase of the Products / Services and are set out at https://www.MobiPetz.com/terms-of-use
1.17 Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at https://www.MobiPetz.com/terms-of-use
1.18 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.19 “Username” refers to the unique login identification name or code which identifies a user who has an account with MobiPetz.
1.20 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.21 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
1.22 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.23 “Return Policy” means the return policy set out at MobiPetz Returns Policy
1.24 “Service Provider” means a seller which, with MobiPetz’s permission, uses the Platform and/or Services to sell Products or Services to Customers, and excludes MobiPetz.