Terms of Service
Our T&C’s
Last Updated: 21 December 2021
iMindr ABN 9321 6304 4905 (hereafter referred to as “iMindr”, “we”, “us”, or “our”) provides the IMindr Platform including a suite of software applications and websites that enable Clients/Owners to find Minders that want to provide housing for Pets and/or other Services. The IMindr Platform was set up to help provide Users with a means of offering and booking such Services.
In certain circumstances, IMindr also provides public liability insurance that protects Minders from certain liability that may arise when caring for a Pet. For more details, please view: https://www.imindr.com/accident-cover/
By making use of or accessing the IMindr Platform, you (hereafter “You” or “Your”) agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not You register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legally binding contract between You and IMindr, under which we agree to maintain the Platform and provide the Insurance Services and You agree to pay the Fee and to respect these Terms.
If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.
The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform You represent and warrant that You are 18 or older. We only allow minors on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided IMindr with their proof of identity. The account created on the Platform is then shared by the minor and their parent / guardian and should expressly state that the parent / guardian vouches and takes full accountability for the actions of the minor.
Each User agrees that a binding legal contract is created between each Owner and Minder when a Pet Service is booked through the Platform. Any such agreement between Users is on these Terms and any other applicable terms in the relevant Booking.
THE PLATFORM AND OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MINDERS MAY SET UP LISTINGS FOR SERVICES, AND OWNERS MAY FIND, INITIATE, AND BOOK THESE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IMINDR IS NOT A PARTY TO ANY AGREEMENTS BETWEEN MINDERS AND OWNERS. IMINDR HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF MINDERS, OWNERS, PETS, OR ANY OTHER USERS OF THE PLATFORM OR SERVICES. IMINDR DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Contents
1. Key Terms
2. Disclaimer and Liability
Disclaimer
IMindr, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services, the Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Dealings with other Users
You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
3. Modifications to these Terms
IMindr reserves the right to change these Terms at any time, including with respect to the Fees. Before changing these terms, IMindr will try to give Users notice of such change by way of update before they take effect, although this may not always be possible. Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). The Terms of existing Bookings and other orders through the Platform shall be upheld by IMindr. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms.
4. Compliance with Laws
When accessing or using the Platform or Our Services, and providing or using Services, You must comply with all applicable local, state, national and international laws and You are responsible for obtaining all necessary licenses and permits. You are also solely responsible for complying with any and all applicable tax laws and regulations that apply to Your activity on the Platform. This includes the payment of tax on any amounts collected for Services provided.
Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Services, including without limitation with respect to the boarding of animals and the keeping of animals at private residences, including any applicable state and federal companion animal legislation and the local council regulations and by-laws.
EACH USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENCES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY SERVICES. IMINDR ASSUMES NO RESPONSIBILITY FOR A USER’S FAILURE TO OBTAIN SUCH PERMITS, LICENCES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
5. Relationship
You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between IMindr and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of IMindr.
IMindr is not an employment service and does not serve as an employer of any user, nor is IMindr in the position to provide any tax related advice. As such, Users are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Services provided by Minders.
You understand and agree that if IMindr is found to be liable for any tax, withholding tax or reporting obligation in connection with any Services provided or received by You, then You will immediately reimburse and indemnify IMindr for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
6. How the IMindr Platform Works
The Platform can be used to book Services provided by Minders. These Services are shown on the Listings on the Platform. Users may be required to provide personal information, including without limitation about their homes and their Pet(s), and may need to nominate a bank or PayPal Account. Each Minder can set the details and prices for the Services only in accordance with the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Services provided by the Platform or set up a Listing for Yourself, You need to register first in order to create an Account.
Each Minder must provide the Services in accordance with the relevant Booking, and each Owner must pay the Booking Fee and the Pet Service Fee pursuant to that Booking via the Payment Gateway.
IMindr connects Owners and Minders and provides the Payment Gateway and Insurance Services as set out in these Terms. However, IMindr plays no role in the agreements between Owners and Minders with regards to the provision of Services. Owners and Minders are solely responsible for such agreements.
The Owner is obliged to pay the Pet Service Fee and the Booking Fee applicable to a Booking using the Payment Gateway at the time both the Owner and the Minder have agreed on the Booking made through the Platform. The Pet Service Fee paid by the relevant Owner will be retained by IMindr until the completion date of the relevant Booking in accordance with these Terms. Subject to the Withholding Period, IMindr will transfer the relevant Pet Service Fee, less Our Service Fee, to the Minder’s nominated bank or PayPal account, after the Minder has submitted a redeem request for payment (such payments are only made by IMindr on Mondays, Wednesdays and Fridays).
Each Minder acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, an Owner may be legally entitled to a refund or other remedy with respect to the Services under any applicable law. To the maximum extent allowed at law, each Minder indemnifies IMindr with respect to any and all costs or expenses incurred by IMindr with respect to such a claim made by an Owner with respect to Services performed by that Minder, whether before or after the Withholding Period applicable to the relevant Booking.
PLEASE LET IT BE CLEAR THAT IMINDR CANNOT AND DOES NOT CONTROL ANY LISTINGS OR SERVICES. IMINDR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES PROVIDED BY OR USED BY USERS. EACH OWNER USES THE PLATFORM AND THE SERVICES PROVIDED BY MINDERS AT HIS OR HER OWN RISK.
In consideration of each User enjoying our Services:
except through the ongoing use of Our Services and the Platform. You acknowledge that any breach by You of this section would cause harm and damage to IMindr, and in the event of breach IMindr reserves the right to suspend or terminate Your access to the Platform and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.
7. Our Service and Booking Fees
Registering on the Platform is free. To register an Account, Users must complete the registration process in the manner described on the Platform.
In exchange for certain of Our Services, Users must pay Our Service Fee and the Booking Fee with respect to Bookings made through the Platform.
Our Service Fee
If You are a Minder, You must pay IMindr Our Service Fee with respect to each Booking made with Owners. Our Service Fee covers the costs of payment processing, Public Liability Insurance, platform maintenance and customer support provided by IMindr.
Our Service Fee is a fixed percentage of the Pet Service Fee (including GST) specified in the relevant Booking or such other amount specified on our Platform from time to time. Our Service Fee is deducted from the Pet Service Fee which is payable to You as a Minder in accordance with these Terms.
Our Service Fee amounts to 15% of the Pet Service Fee (including GST) for Minders that signed up before June 29 2017 09:59pm AEST. Minders that signed up after this cut-off date are charged 20% of the Pet Service Fee.
Booking Fee
If You are an Owner, You must pay the Booking Fee applicable to each Booking You make, which will be the amount specified on our Platform during the Booking process. The Booking Fee is a small amount and cannot exceed $40 per booking. The Booking Fee covers a broad spectrum of operating costs and helps fund safety measures such as our thorough 4-step Minder vetting process and police background checks.
The Booking Fee is payable by the Owner in addition to the Pet Service Fee payable to the Minder and may vary depending on the terms of the relevant Booking. The Booking Fee is non-refundable unless and to the extent that these Terms provide otherwise.
The Booking Fee is effective and applicable to:
Owners that signed up to the IMindr platform before the above mentioned cut-off dates are currently not subject the Booking Fee.
Cancellation Fee
Without limiting the terms below under “Cancellation Policies and Refunds”, depending on the cancellation policy selected by the Minder, if an Owner cancels a Booking, the Owner may be required to pay the relevant Minder a cancellation fee in accordance with the terms of the relevant Booking (Cancellation Fee). Owners can view the Minder’s cancellation policy at all times on the Minder’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”.
In the event that a Cancellation Fee is payable to a Minder, Our Service Fee will be deducted from such amount before the Cancellation Fee is paid to the Minder.
Any changes to any of Our Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Unless otherwise stated in the relevant Booking, all Fees are quoted and payable in Australian Dollars. Each User accepts the responsibility to pay the amounts payable with respect to such Fees, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that IMindr accepts.
8. Credit Card
If You make any payments for using Our Services or Services with a credit or charge card or an online payment account, You warrant that you are the cardholder or account holder and that the billing information provided is accurate, and You authorise IMindr, or a third party engaged by IMindr for the purpose of operating the Payment Gateway or other payment system on the Platform (“Payment Gateway Provider”) to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST. All payments and purchases made in connection with IMindr are non-refundable unless otherwise expressly stated in these Terms or we otherwise agree upon.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Our Services or Services to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Our Services and the Platform.
By submitting credit card details to IMindr to use Our Services and the Platform, Users agree that:
9. Cancellation Policies and Refunds
Each Owner and Minder agrees to the cancellation rules set forth below with respect to each Booking made through the Platform.
Cancellations & Refunds before the start of the Booking
If an Owner cancels a Booking after paying the Pet Service Fee but before the Services have been performed, the Owner will be required to pay any applicable Minder Cancellation Fee to the relevant Minder (depending on the cancellation policy selected by the Minder).
Owners can view the Minder’s cancellation policy at all times on the Minder’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”. By paying for a Booking, including any Pet Service Fees, the Owner agrees and accepts the relevant Minder’s cancellation policy.
If the Owner cancels a Booking, the Owner is entitled to a refund of the Pet Service Fee in accordance with the cancellation policy selected by the Minder (as set out in the terms of the Booking and available on the Platform).
The timeframes with respect to the refunding of the Pet Service Fee under the Minder’s cancellation policy may include:
For cancellations of a Booking by an Owner that does not satisfy the timeframe specified in the relevant Minder’s cancellation policy, the Owner will only be entitled to a refund of 50% of the Pet Service Fee paid by that Owner with respect to the Booking.
All ongoing Repeat Weekly Bookings without a specified end date are subject to the Flexible policy regardless of the Cancellation Policy the Minder has set forth in their profile.
Any Booking Fee paid by an Owner is non-refundable, except where the relevant Booking is cancelled by the Minder. If a Minder cancels a Booking, the relevant Owner is entitled to a full refund of any Pet Service Fee and any Booking Fee paid by the Owner with respect to that Booking.
In order to cancel a Booking and receive a refund, the Owner must immediately notify IMindr in writing at support@iMindr.com.
In the event a Booking is cancelled, IMindr may, in its absolute discretion, determine to assist the Owner and/or Minder with respect to any dispute over the terms of the cancellation. However, IMindr is under no obligation to do so.
Once the cancellation has been processed, IMindr will notify both parties and will deposit the relevant Cancellation Fee into the Minder’s nominated account (less Our Service Fee).
In order to cancel a Booking, the Minder must notify IMindr in writing at support@iMindr.com. The Minder is required to immediately inform both the relevant Owner and IMindr about the cancellation of the Booking in writing.
Cancellations by Minders are taken very seriously. IMindr will review each Minder cancellation on a case-by-case basis and IMindr reserves the right to suspend or terminate the Minders Account and/or access to the Platform in IMindr’ absolute discretion. It is the responsibility of each Minder to only accept those Bookings that the Minder can commit to. For this reason, IMindr highly recommends all Owners and Minders to organise a Meet & Greet before the Minder accepts and agrees to commit to the Booking.
Without limiting the above, if a Minder cancels 3 or more paid Bookings within a 3-month timeframe, this may result in immediate account suspension.
Cancellations & Refunds after the start of the Booking
In certain circumstances, and without limiting anything else in these Terms, IMindr may determine to refund an Owner for Pet Service Fees and/or Booking Fees paid if that Owner is dissatisfied with the Booking or the Services.
To be eligible for a refund, Owners must notify IMindr in writing at support@iMindr.com of any complaints regarding a Booking (including with respect to the performance or omissions of the Services under that Booking) within the Withholding Period. Such notice must clearly specify the details and reasons for the Owner’s complaint. IMindr expects the Owner and Minder not to agree to or undertake any further bookings after an initial complaint. As such, we will not consider any complaints resulting from further bookings between that particular Minder and Owner.
IMindr may take into account any factors regarding the Booking and the Services that it considers relevant when determining whether to refund an Owner for any or all amounts paid with respect to that Booking. In any case, refunds are not available for payments that were not made through the Platform. Other relevant factors include, but are not limited to:
Minders who have opted in to offering ‘Repeat Weekly Bookings’ will offer the ‘Repeat Weekly Cancellation Policy’
If IMindr determines that an Owner’s complaint has merit, IMindr may discuss the matter with the Minder beforehand and try to reach an agreement around a solution. If the Minder agrees to a refund, the Minder agrees to pay to us the amount of the refund in the event that the Minder has already received moneys for the Services. Once IMindr has received such funds, we will pay that amount to the Owner into his/her nominated bank Account. If IMindr has not yet transferred the Pet Service Fee to the Minder, IMindr may determine to refund such amount to the relevant Owner before transferring any of the Pet Service Fee to the Minder.
Users understand and acknowledge that the Services may be subject to statutory guarantees under Australian Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.
IMindr understands that there are certain circumstances where a Minder may not be able to complete performance of Services with respect to a Booking (such as in the event of severe aggression or emergencies). However, IMindr reserves the right to terminate or suspend Minder’s Accounts and/or access to the Platform in our absolute discretion if we determine that any cancellation or failure to perform the Services under a Booking is unsatisfactory.
IMindr reserves the right to remove an Owner’s Pet from the location at which the Services are performed if we determine it is necessary for the safety of the Pet, the Minder, or any other persons, however IMindr is under no obligation to do so. In the event We choose to relocate a Pet, IMindr shall make reasonable efforts during IMindr’ normal business hours to contact the relevant Owner and/or the Owner’s Emergency Contact to arrange alternative care. Should IMindr not be able to contact the Owner or the Owner’s Emergency Contact, IMindr will endeavour to find adequate care until the Owner is able to retrieve the Pet. The Owner is responsible for and indemnifies IMindr for any charges, costs, expenses or liabilities incurred by IMindr as a result of taking any of the actions referred to in this paragraph.
10. Failure to retrieve Pet(s) or Person(s)
Pet(s)
If an Owner makes a Booking with a Minder for Services and fails to retrieve the relevant Pet(s) within five (5) days (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Services, the Owner agrees that IMindr may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities. Each Owner agrees that they are solely responsible for and indemnify IMindr for all costs, expenses and liabilities that IMindr may incur arising directly or indirectly from the Owner failing to retrieve the relevant Pets with respect to any Booking of the Owner. Nothing in these Terms operates to limit any applicable laws that may apply to an Owner’s failure to retrieve Pet(s) with respect to any Booking of the Owner, including any applicable animal abandonment or cruelty laws.
Person(s)
If an Client/Owner makes a Booking with a Minder for Services and fails to retrieve the relevant person(s) within or by the end of agreed period, (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Services, the Client/Owner agrees that IMindr may (but has no obligation to), in its sole discretion, will notify authorities, place or arrange a third party to place the relevant Person(s) in foster care, shelter or similar under the current laws of the state. Each Client/Owner agrees that they are solely responsible for and indemnify IMindr for all costs, expenses and liabilities that IMindr may incur arising directly or indirectly from the Client/Owner failing to retrieve the relevant Persons with respect to any Booking of the Client/Owner. Nothing in these Terms operates to limit any applicable laws that may apply to an Client/Owner’s failure to retrieve Person(s) with respect to any Booking of the Owner, including any applicable abandonment or inhumane laws.
11. Medical Issues and Emergencies
The contact information relating to the Owner and the Minder who have entered a Booking is automatically provided to the other party during the Booking process.
Each User acknowledges and understands that such contact information will be relied upon in the event that IMindr, an Owner or a Minder (as the case may be) needs to contact the relevant User, including with respect to any emergency, medical issue or otherwise in the provision of any applicable Services. You must keep all such contact information up-to-date at all times and must ensure that any Owner or Minder You engage using the Platform is provided with and aware of such contact information.
In the event a Minder, in carrying out Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Minder’s care, the Minder must immediately contact the relevant Owner using the contact information provided by the Owner. In such case, the Owner agrees to respond to such communication from the relevant Minder and to provide instructions as to how the Minder should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Minder can contact the veterinary contact provided by the Owner or in the absence of such contact information, a veterinary that the Minder reasonably believes to be appropriate.
In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Minder pursuant to a Booking, then, provided that the relevant veterinarian or medical practitioner is qualified to provide medical treatment or advice regarding the Pet pursuant to any applicable laws, the Owner acknowledges, agrees and authorises any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.
Without limiting the above, in case of any emergency relating to a Pet in the care of a Minder, the Minder must immediately notify the Owner (and any emergency contact provided by the Owner pursuant to the relevant Booking) and IMindr by sending us an email at support@iMindr.com (and putting “Emergency” in the email subject line). The Minder must provide all relevant details of any emergency so that the Owner, the Owner’s emergency contact and/or IMindr can determine which veterinary care is required. In the event that the Minder is unable to contact the Owner or the Owner’s emergency contact, IMindr will take reasonable efforts during IMindr’ normal business hours to contact the Owner or their emergency contact and notify them of the situation.
If the Owner or the Owner’s emergency contact cannot be contacted in event of an emergency, the Owner authorises the Minder and/or IMindr to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet.
Without limiting the above, if an Owner and a Minder agree in writing as to the procedure to be followed in the event of an emergency, the Minder must use best endeavours to comply with such directions. This notwithstanding, each Owner agrees that the Minder can seek veterinary care or other medical assistance, as the Minder, acting in good faith, considers reasonably appropriate, including in the event that the Owner cannot be contacted.
In the event that the IMindr and/or a Minder obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Owner must:
Each Owner agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Owner’s Pet under a Booking may be charged directly to the Owner’s credit card or PayPal account. The Owner also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank or PayPal account of the Owner using any credit card or PayPal details provided by the Owner. The Owner may be eligible to recover some or all of such amounts charged to the Owner’s credit card or PayPal account under the IMindr Public Liability Insurance (additional information regarding eligibility for reimbursements can be found in section 12 of these Terms and at www.iMindr.com/insurance).
12. Insurance (Accident Cover)
IMindr recommends that Users obtain appropriate insurance for their Services. IMindr insurance is secondary to any other relevant insurance the User may have. Please review any insurance policy that You may have for Your Services carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of pets with respect to which You provide any Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Services may void your coverage or result in denial of an otherwise covered claim.
THE TERMS OF THIS CLAUSE 12 ARE SUBJECT AT ALL TIMES TO THE TERMS OF THE IMINDR PUBLIC LIABILITY INSURANCE POLICY (POLICY). THIS POLICY CAN BE CONSULTED IN THE FOLLOWING LOCATION: WWW.IMINDR.COM/INSURANCE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICY, THE POLICY WILL PREVAIL. EACH USER WARRANTS THAT THEY HAVE READ AND ARE AWARE OF THE POLICY.
IMindr provides Public Liability insurance for bookings that are made and paid through the Platform. Public liability covers You for your liability to pay compensation to a third party for damage to property or personal injury as a result of the Minder’s negligence whilst the Pet is under the Minder’s care.
All claims are subject to the applicable policies as specified by relevant underwriters.
All Claims are subject to a $350 deductible payable by the Minder. The Minder is responsible for, and irrevocably indemnifies IMindr against, any costs, expenses and liabilities incurred by IMindr in relation to any claim under the Insurance Services in connection with that Minder’s Booking.
For full details on our Insurance cover, please visit www.iMindr.com/faq. Each User acknowledges that the IMindr Insurance does not apply in the case that the User has not strictly complied with these Terms.
If You believe that any incident is covered under the Insurance Services, You must provide IMindr with written notice of the incident, along with all material documentation available to You evidencing the foregoing (e.g. invoices and veterinary notes from the initial veterinary examination), no later than seven (7) days after the end date that the Services were provided under the relevant Booking.
The Insurance Services are not available in any jurisdiction where prohibited.
IMindr will in good faith decide whether or not the User has complied with these Terms in determining whether the User may be eligible under the Insurance Services . The Insurance Services will only apply to the extent that the User(s) is/are unable to claim or is denied to claim any other insurance policy that the User(s) may have. Each User agrees to provide any information to IMindr or the relevant insurance providers regarding any claim. This includes any other insurance policies the User may have.
The Insurance Services do not confer or imply any additional rights or claims to Users. Furthermore, the Insurance Services do not create any rights or claims for Users against IMindr, nor take away any responsibility and liability from the Minder. Users acknowledge that they are not a third-party beneficiary of any Insurance Services and they have no right to assert any contribution, offset, or indemnification from IMindr with respect to any liability of a User for property damage, personal injury, injury to family members or any other persons living in the same household.
To the maximum extent permissible by any applicable law, IMindr reserves the right to modify or terminate the Insurance Services, at any time, in its sole discretion, and without prior notice. If IMindr modifies/terminates the Insurance Services cover in accordance with the foregoing, IMindr will provide You with notice of such modification/termination and IMindr will continue to process claims filed prior to the effective date of the modification/termination where possible. Such modifications may include, without limitation, conditions on Your eligibility under the Insurance Services cover. By continuing to access or use Our Services and the Platform after we have posted a modification on the Platform or have provided You with notice of a modification, You are indicating that you agree to be bound by the modified Insurance cover. If the modified Insurance Services cover is not acceptable to You, You must cease using Our Services and the Platform immediately.
Exclusions
It is important to understand that the insurance does not cover the Minder for the following:
13. Property Damage
The Insurance Services do not cover any property damage caused by a Pet or by a Minder to a Minder or Owner’s property or any other person’s property living in the same household as the Minder, nor does it cover any damage to a User’s property directly or indirectly caused by the Services. Notwithstanding this, You acknowledge and agree that IMindr does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless IMindr with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Services, including with respect to any damage of property.
IMindr is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Services must be settled between the relevant Users. Each User releases and indemnifies IMindr with respect to any dispute between Users, including (without limitation) with respect to damaged property. This notwithstanding, IMindr may elect, in its absolute discretion, to facilitate communication between disputing Users.
14. Risk Management
This clause 14 applies notwithstanding anything in these Terms to the contrary.
IMindr and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘IMindr entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform, Our Services or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the IMindr entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.
Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Our Services are provided “as is” and each IMindr entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services and Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each IMindr entity disclaims any guarantee that the operation or use of the Platform or provision of Our Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the IMindr entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no IMindr entity is responsible for any delivery failures, delays or other damage resulting from such problems.
Nothing in the preceding paragraphs will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each IMindr entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant IMindr entity) and each User agrees that it is reasonable for the relevant IMindr entity to limit liability in the following manner:
Each IMindr entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Platform, Our Services or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.
To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform, Our Services or the Services, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform, Our Services or the Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising providing or receiving Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.
Each User acknowledges that Our Services and Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that IMindr is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Minder is appropriate or suitable for the provision of Services in relation to any Pet.
To the maximum extent allowed at law, IMindr makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Minders on the Platform, nor as to the quality, security or positive features of the Minder or any location where Services are provided.
IMindr is not a party in any Booking, agreement or transaction between Users. IMindr is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications. Each Owner and Minder must make available all relevant information reasonably required in connection with the provision of Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Services.
15. Fair Conduct and Use of the Platform
Users must only use the Platform, Our Services and the Services in good faith and with respect for each other User. IMindr reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:
Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:
IMindr will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.
IMindr reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, IMindr reserves the right, in its sole discretion, to delete any User Generated Content that IMindr considers is inappropriate.
16. Feedback
We welcome any feedback from Users with respect to Our Services. In order to create a fair and impartial representation of Our Service provision, each User agrees to actively engage in IMindr’ Feedback process and post their honest and impartial Feedback after using Services as follows:
In case You fail to do so, IMindr reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Platform.
Users are also encouraged to add reviews of other Services that they have used or provided in the past.
17. Links to Third Party Sites
The Platform may have references or contain links to sites controlled by parties other than IMindr. IMindr provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, IMindr is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.
18. Third Party Advertising and Analytics Cookies
Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
19. Donation Pledges
Minders have the option to donate a portion or all of their profits gained as a IMindr Minder to a charity of their choice. If a Minder elects to do so, IMindr will transfer 100% of the specified earnings to the chosen charity(s) in accordance with the procedure set out on the Platform. Any donation made by a Minder is not tax-deductible. IMindr will not disclose the Minder’s identity to the relevant charity and the Minder will not receive a receipt for any such donation.
20. Termination and Account Cancellation
If You breach or threaten to breach these Terms, IMindr reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. If you are awaiting delivery of services (including any Services pursuant to a Booking), IMindr reserves the right to cancel the delivery of such services. A refund may be issued.
IMindr may, in its sole discretion and with or without prior notice, without liability to You, with or without cause, and at any time: (a) terminate these Terms or Your access to the Platform, and (b) deactivate or cancel Your IMindr Account or registration or similar uses of the Platform. IMindr’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. IMindr may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your IMindr Account at any time by sending an email to support@iMindr.com. However, it is important to note that You are personally liable for any Bookings, orders, Listings or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your IMindr Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.
21. Intellectual Property Rights
We and our licensors (as applicable) own all intellectual property in IMindr and the Platform, including any updates, enhancements and new features we may provide.
All images/ graphics, information, text, material, software and ads on the Platform are Copyright (c) of IMindr, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on the Platformwithout the prior written consent of IMindr. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.
You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by IMindr. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by IMindr. You may use the Content of the Platform only for the purpose of using Our Service
Terms of Service
Our T&C’s
Last Updated: 21 December 2021
iMindr ABN 9321 6304 4905 (hereafter referred to as “iMindr”, “we”, “us”, or “our”) provides the IMindr Platform including a suite of software applications and websites that enable Clients/Owners to find Minders that want to provide housing for Pets and/or other Services. The IMindr Platform was set up to help provide Users with a means of offering and booking such Services.
In certain circumstances, IMindr also provides public liability insurance that protects Minders from certain liability that may arise when caring for a Pet. For more details, please view: https://www.imindr.com/accident-cover/
By making use of or accessing the IMindr Platform, you (hereafter “You” or “Your”) agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not You register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legally binding contract between You and IMindr, under which we agree to maintain the Platform and provide the Insurance Services and You agree to pay the Fee and to respect these Terms.
If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.
The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform You represent and warrant that You are 18 or older. We only allow minors on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided IMindr with their proof of identity. The account created on the Platform is then shared by the minor and their parent / guardian and should expressly state that the parent / guardian vouches and takes full accountability for the actions of the minor.
Each User agrees that a binding legal contract is created between each Owner and Minder when a Pet Service is booked through the Platform. Any such agreement between Users is on these Terms and any other applicable terms in the relevant Booking.
THE PLATFORM AND OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MINDERS MAY SET UP LISTINGS FOR SERVICES, AND OWNERS MAY FIND, INITIATE, AND BOOK THESE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IMINDR IS NOT A PARTY TO ANY AGREEMENTS BETWEEN MINDERS AND OWNERS. IMINDR HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF MINDERS, OWNERS, PETS, OR ANY OTHER USERS OF THE PLATFORM OR SERVICES. IMINDR DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Contents
1. Key Terms
2. Disclaimer and Liability
Disclaimer
IMindr, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services, the Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Dealings with other Users
You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
3. Modifications to these Terms
IMindr reserves the right to change these Terms at any time, including with respect to the Fees. Before changing these terms, IMindr will try to give Users notice of such change by way of update before they take effect, although this may not always be possible. Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). The Terms of existing Bookings and other orders through the Platform shall be upheld by IMindr. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms.
4. Compliance with Laws
When accessing or using the Platform or Our Services, and providing or using Services, You must comply with all applicable local, state, national and international laws and You are responsible for obtaining all necessary licenses and permits. You are also solely responsible for complying with any and all applicable tax laws and regulations that apply to Your activity on the Platform. This includes the payment of tax on any amounts collected for Services provided.
Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Services, including without limitation with respect to the boarding of animals and the keeping of animals at private residences, including any applicable state and federal companion animal legislation and the local council regulations and by-laws.
EACH USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENCES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY SERVICES. IMINDR ASSUMES NO RESPONSIBILITY FOR A USER’S FAILURE TO OBTAIN SUCH PERMITS, LICENCES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
5. Relationship
You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between IMindr and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of IMindr.
IMindr is not an employment service and does not serve as an employer of any user, nor is IMindr in the position to provide any tax related advice. As such, Users are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Services provided by Minders.
You understand and agree that if IMindr is found to be liable for any tax, withholding tax or reporting obligation in connection with any Services provided or received by You, then You will immediately reimburse and indemnify IMindr for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
6. How the IMindr Platform Works
The Platform can be used to book Services provided by Minders. These Services are shown on the Listings on the Platform. Users may be required to provide personal information, including without limitation about their homes and their Pet(s), and may need to nominate a bank or PayPal Account. Each Minder can set the details and prices for the Services only in accordance with the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Services provided by the Platform or set up a Listing for Yourself, You need to register first in order to create an Account.
Each Minder must provide the Services in accordance with the relevant Booking, and each Owner must pay the Booking Fee and the Pet Service Fee pursuant to that Booking via the Payment Gateway.
IMindr connects Owners and Minders and provides the Payment Gateway and Insurance Services as set out in these Terms. However, IMindr plays no role in the agreements between Owners and Minders with regards to the provision of Services. Owners and Minders are solely responsible for such agreements.
The Owner is obliged to pay the Pet Service Fee and the Booking Fee applicable to a Booking using the Payment Gateway at the time both the Owner and the Minder have agreed on the Booking made through the Platform. The Pet Service Fee paid by the relevant Owner will be retained by IMindr until the completion date of the relevant Booking in accordance with these Terms. Subject to the Withholding Period, IMindr will transfer the relevant Pet Service Fee, less Our Service Fee, to the Minder’s nominated bank or PayPal account, after the Minder has submitted a redeem request for payment (such payments are only made by IMindr on Mondays, Wednesdays and Fridays).
Each Minder acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, an Owner may be legally entitled to a refund or other remedy with respect to the Services under any applicable law. To the maximum extent allowed at law, each Minder indemnifies IMindr with respect to any and all costs or expenses incurred by IMindr with respect to such a claim made by an Owner with respect to Services performed by that Minder, whether before or after the Withholding Period applicable to the relevant Booking.
PLEASE LET IT BE CLEAR THAT IMINDR CANNOT AND DOES NOT CONTROL ANY LISTINGS OR SERVICES. IMINDR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES PROVIDED BY OR USED BY USERS. EACH OWNER USES THE PLATFORM AND THE SERVICES PROVIDED BY MINDERS AT HIS OR HER OWN RISK.
In consideration of each User enjoying our Services:
except through the ongoing use of Our Services and the Platform. You acknowledge that any breach by You of this section would cause harm and damage to IMindr, and in the event of breach IMindr reserves the right to suspend or terminate Your access to the Platform and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.
7. Our Service and Booking Fees
Registering on the Platform is free. To register an Account, Users must complete the registration process in the manner described on the Platform.
In exchange for certain of Our Services, Users must pay Our Service Fee and the Booking Fee with respect to Bookings made through the Platform.
Our Service Fee
If You are a Minder, You must pay IMindr Our Service Fee with respect to each Booking made with Owners. Our Service Fee covers the costs of payment processing, Public Liability Insurance, platform maintenance and customer support provided by IMindr.
Our Service Fee is a fixed percentage of the Pet Service Fee (including GST) specified in the relevant Booking or such other amount specified on our Platform from time to time. Our Service Fee is deducted from the Pet Service Fee which is payable to You as a Minder in accordance with these Terms.
Our Service Fee amounts to 15% of the Pet Service Fee (including GST) for Minders that signed up before June 29 2017 09:59pm AEST. Minders that signed up after this cut-off date are charged 20% of the Pet Service Fee.
Booking Fee
If You are an Owner, You must pay the Booking Fee applicable to each Booking You make, which will be the amount specified on our Platform during the Booking process. The Booking Fee is a small amount and cannot exceed $40 per booking. The Booking Fee covers a broad spectrum of operating costs and helps fund safety measures such as our thorough 4-step Minder vetting process and police background checks.
The Booking Fee is payable by the Owner in addition to the Pet Service Fee payable to the Minder and may vary depending on the terms of the relevant Booking. The Booking Fee is non-refundable unless and to the extent that these Terms provide otherwise.
The Booking Fee is effective and applicable to:
Owners that signed up to the IMindr platform before the above mentioned cut-off dates are currently not subject the Booking Fee.
Cancellation Fee
Without limiting the terms below under “Cancellation Policies and Refunds”, depending on the cancellation policy selected by the Minder, if an Owner cancels a Booking, the Owner may be required to pay the relevant Minder a cancellation fee in accordance with the terms of the relevant Booking (Cancellation Fee). Owners can view the Minder’s cancellation policy at all times on the Minder’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”.
In the event that a Cancellation Fee is payable to a Minder, Our Service Fee will be deducted from such amount before the Cancellation Fee is paid to the Minder.
Any changes to any of Our Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Unless otherwise stated in the relevant Booking, all Fees are quoted and payable in Australian Dollars. Each User accepts the responsibility to pay the amounts payable with respect to such Fees, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that IMindr accepts.
8. Credit Card
If You make any payments for using Our Services or Services with a credit or charge card or an online payment account, You warrant that you are the cardholder or account holder and that the billing information provided is accurate, and You authorise IMindr, or a third party engaged by IMindr for the purpose of operating the Payment Gateway or other payment system on the Platform (“Payment Gateway Provider”) to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST. All payments and purchases made in connection with IMindr are non-refundable unless otherwise expressly stated in these Terms or we otherwise agree upon.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Our Services or Services to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Our Services and the Platform.
By submitting credit card details to IMindr to use Our Services and the Platform, Users agree that:
9. Cancellation Policies and Refunds
Each Owner and Minder agrees to the cancellation rules set forth below with respect to each Booking made through the Platform.
Cancellations & Refunds before the start of the Booking
If an Owner cancels a Booking after paying the Pet Service Fee but before the Services have been performed, the Owner will be required to pay any applicable Minder Cancellation Fee to the relevant Minder (depending on the cancellation policy selected by the Minder).
Owners can view the Minder’s cancellation policy at all times on the Minder’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”. By paying for a Booking, including any Pet Service Fees, the Owner agrees and accepts the relevant Minder’s cancellation policy.
If the Owner cancels a Booking, the Owner is entitled to a refund of the Pet Service Fee in accordance with the cancellation policy selected by the Minder (as set out in the terms of the Booking and available on the Platform).
The timeframes with respect to the refunding of the Pet Service Fee under the Minder’s cancellation policy may include:
For cancellations of a Booking by an Owner that does not satisfy the timeframe specified in the relevant Minder’s cancellation policy, the Owner will only be entitled to a refund of 50% of the Pet Service Fee paid by that Owner with respect to the Booking.
All ongoing Repeat Weekly Bookings without a specified end date are subject to the Flexible policy regardless of the Cancellation Policy the Minder has set forth in their profile.
Any Booking Fee paid by an Owner is non-refundable, except where the relevant Booking is cancelled by the Minder. If a Minder cancels a Booking, the relevant Owner is entitled to a full refund of any Pet Service Fee and any Booking Fee paid by the Owner with respect to that Booking.
In order to cancel a Booking and receive a refund, the Owner must immediately notify IMindr in writing at support@iMindr.com.
In the event a Booking is cancelled, IMindr may, in its absolute discretion, determine to assist the Owner and/or Minder with respect to any dispute over the terms of the cancellation. However, IMindr is under no obligation to do so.
Once the cancellation has been processed, IMindr will notify both parties and will deposit the relevant Cancellation Fee into the Minder’s nominated account (less Our Service Fee).
In order to cancel a Booking, the Minder must notify IMindr in writing at support@iMindr.com. The Minder is required to immediately inform both the relevant Owner and IMindr about the cancellation of the Booking in writing.
Cancellations by Minders are taken very seriously. IMindr will review each Minder cancellation on a case-by-case basis and IMindr reserves the right to suspend or terminate the Minders Account and/or access to the Platform in IMindr’ absolute discretion. It is the responsibility of each Minder to only accept those Bookings that the Minder can commit to. For this reason, IMindr highly recommends all Owners and Minders to organise a Meet & Greet before the Minder accepts and agrees to commit to the Booking.
Without limiting the above, if a Minder cancels 3 or more paid Bookings within a 3-month timeframe, this may result in immediate account suspension.
Cancellations & Refunds after the start of the Booking
In certain circumstances, and without limiting anything else in these Terms, IMindr may determine to refund an Owner for Pet Service Fees and/or Booking Fees paid if that Owner is dissatisfied with the Booking or the Services.
To be eligible for a refund, Owners must notify IMindr in writing at support@iMindr.com of any complaints regarding a Booking (including with respect to the performance or omissions of the Services under that Booking) within the Withholding Period. Such notice must clearly specify the details and reasons for the Owner’s complaint. IMindr expects the Owner and Minder not to agree to or undertake any further bookings after an initial complaint. As such, we will not consider any complaints resulting from further bookings between that particular Minder and Owner.
IMindr may take into account any factors regarding the Booking and the Services that it considers relevant when determining whether to refund an Owner for any or all amounts paid with respect to that Booking. In any case, refunds are not available for payments that were not made through the Platform. Other relevant factors include, but are not limited to:
Minders who have opted in to offering ‘Repeat Weekly Bookings’ will offer the ‘Repeat Weekly Cancellation Policy’
If IMindr determines that an Owner’s complaint has merit, IMindr may discuss the matter with the Minder beforehand and try to reach an agreement around a solution. If the Minder agrees to a refund, the Minder agrees to pay to us the amount of the refund in the event that the Minder has already received moneys for the Services. Once IMindr has received such funds, we will pay that amount to the Owner into his/her nominated bank Account. If IMindr has not yet transferred the Pet Service Fee to the Minder, IMindr may determine to refund such amount to the relevant Owner before transferring any of the Pet Service Fee to the Minder.
Users understand and acknowledge that the Services may be subject to statutory guarantees under Australian Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.
IMindr understands that there are certain circumstances where a Minder may not be able to complete performance of Services with respect to a Booking (such as in the event of severe aggression or emergencies). However, IMindr reserves the right to terminate or suspend Minder’s Accounts and/or access to the Platform in our absolute discretion if we determine that any cancellation or failure to perform the Services under a Booking is unsatisfactory.
IMindr reserves the right to remove an Owner’s Pet from the location at which the Services are performed if we determine it is necessary for the safety of the Pet, the Minder, or any other persons, however IMindr is under no obligation to do so. In the event We choose to relocate a Pet, IMindr shall make reasonable efforts during IMindr’ normal business hours to contact the relevant Owner and/or the Owner’s Emergency Contact to arrange alternative care. Should IMindr not be able to contact the Owner or the Owner’s Emergency Contact, IMindr will endeavour to find adequate care until the Owner is able to retrieve the Pet. The Owner is responsible for and indemnifies IMindr for any charges, costs, expenses or liabilities incurred by IMindr as a result of taking any of the actions referred to in this paragraph.
10. Failure to retrieve Pet(s) or Person(s)
Pet(s)
If an Owner makes a Booking with a Minder for Services and fails to retrieve the relevant Pet(s) within five (5) days (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Services, the Owner agrees that IMindr may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities. Each Owner agrees that they are solely responsible for and indemnify IMindr for all costs, expenses and liabilities that IMindr may incur arising directly or indirectly from the Owner failing to retrieve the relevant Pets with respect to any Booking of the Owner. Nothing in these Terms operates to limit any applicable laws that may apply to an Owner’s failure to retrieve Pet(s) with respect to any Booking of the Owner, including any applicable animal abandonment or cruelty laws.
Person(s)
If an Client/Owner makes a Booking with a Minder for Services and fails to retrieve the relevant person(s) within or by the end of agreed period, (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Services, the Client/Owner agrees that IMindr may (but has no obligation to), in its sole discretion, will notify authorities, place or arrange a third party to place the relevant Person(s) in foster care, shelter or similar under the current laws of the state. Each Client/Owner agrees that they are solely responsible for and indemnify IMindr for all costs, expenses and liabilities that IMindr may incur arising directly or indirectly from the Client/Owner failing to retrieve the relevant Persons with respect to any Booking of the Client/Owner. Nothing in these Terms operates to limit any applicable laws that may apply to an Client/Owner’s failure to retrieve Person(s) with respect to any Booking of the Owner, including any applicable abandonment or inhumane laws.
11. Medical Issues and Emergencies
The contact information relating to the Owner and the Minder who have entered a Booking is automatically provided to the other party during the Booking process.
Each User acknowledges and understands that such contact information will be relied upon in the event that IMindr, an Owner or a Minder (as the case may be) needs to contact the relevant User, including with respect to any emergency, medical issue or otherwise in the provision of any applicable Services. You must keep all such contact information up-to-date at all times and must ensure that any Owner or Minder You engage using the Platform is provided with and aware of such contact information.
In the event a Minder, in carrying out Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Minder’s care, the Minder must immediately contact the relevant Owner using the contact information provided by the Owner. In such case, the Owner agrees to respond to such communication from the relevant Minder and to provide instructions as to how the Minder should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Minder can contact the veterinary contact provided by the Owner or in the absence of such contact information, a veterinary that the Minder reasonably believes to be appropriate.
In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Minder pursuant to a Booking, then, provided that the relevant veterinarian or medical practitioner is qualified to provide medical treatment or advice regarding the Pet pursuant to any applicable laws, the Owner acknowledges, agrees and authorises any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.
Without limiting the above, in case of any emergency relating to a Pet in the care of a Minder, the Minder must immediately notify the Owner (and any emergency contact provided by the Owner pursuant to the relevant Booking) and IMindr by sending us an email at support@iMindr.com (and putting “Emergency” in the email subject line). The Minder must provide all relevant details of any emergency so that the Owner, the Owner’s emergency contact and/or IMindr can determine which veterinary care is required. In the event that the Minder is unable to contact the Owner or the Owner’s emergency contact, IMindr will take reasonable efforts during IMindr’ normal business hours to contact the Owner or their emergency contact and notify them of the situation.
If the Owner or the Owner’s emergency contact cannot be contacted in event of an emergency, the Owner authorises the Minder and/or IMindr to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet.
Without limiting the above, if an Owner and a Minder agree in writing as to the procedure to be followed in the event of an emergency, the Minder must use best endeavours to comply with such directions. This notwithstanding, each Owner agrees that the Minder can seek veterinary care or other medical assistance, as the Minder, acting in good faith, considers reasonably appropriate, including in the event that the Owner cannot be contacted.
In the event that the IMindr and/or a Minder obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Owner must:
Each Owner agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Owner’s Pet under a Booking may be charged directly to the Owner’s credit card or PayPal account. The Owner also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank or PayPal account of the Owner using any credit card or PayPal details provided by the Owner. The Owner may be eligible to recover some or all of such amounts charged to the Owner’s credit card or PayPal account under the IMindr Public Liability Insurance (additional information regarding eligibility for reimbursements can be found in section 12 of these Terms and at www.iMindr.com/insurance).
12. Insurance (Accident Cover)
IMindr recommends that Users obtain appropriate insurance for their Services. IMindr insurance is secondary to any other relevant insurance the User may have. Please review any insurance policy that You may have for Your Services carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of pets with respect to which You provide any Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Services may void your coverage or result in denial of an otherwise covered claim.
THE TERMS OF THIS CLAUSE 12 ARE SUBJECT AT ALL TIMES TO THE TERMS OF THE IMINDR PUBLIC LIABILITY INSURANCE POLICY (POLICY). THIS POLICY CAN BE CONSULTED IN THE FOLLOWING LOCATION: WWW.IMINDR.COM/INSURANCE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICY, THE POLICY WILL PREVAIL. EACH USER WARRANTS THAT THEY HAVE READ AND ARE AWARE OF THE POLICY.
IMindr provides Public Liability insurance for bookings that are made and paid through the Platform. Public liability covers You for your liability to pay compensation to a third party for damage to property or personal injury as a result of the Minder’s negligence whilst the Pet is under the Minder’s care.
All claims are subject to the applicable policies as specified by relevant underwriters.
All Claims are subject to a $350 deductible payable by the Minder. The Minder is responsible for, and irrevocably indemnifies IMindr against, any costs, expenses and liabilities incurred by IMindr in relation to any claim under the Insurance Services in connection with that Minder’s Booking.
For full details on our Insurance cover, please visit www.iMindr.com/faq. Each User acknowledges that the IMindr Insurance does not apply in the case that the User has not strictly complied with these Terms.
If You believe that any incident is covered under the Insurance Services, You must provide IMindr with written notice of the incident, along with all material documentation available to You evidencing the foregoing (e.g. invoices and veterinary notes from the initial veterinary examination), no later than seven (7) days after the end date that the Services were provided under the relevant Booking.
The Insurance Services are not available in any jurisdiction where prohibited.
IMindr will in good faith decide whether or not the User has complied with these Terms in determining whether the User may be eligible under the Insurance Services . The Insurance Services will only apply to the extent that the User(s) is/are unable to claim or is denied to claim any other insurance policy that the User(s) may have. Each User agrees to provide any information to IMindr or the relevant insurance providers regarding any claim. This includes any other insurance policies the User may have.
The Insurance Services do not confer or imply any additional rights or claims to Users. Furthermore, the Insurance Services do not create any rights or claims for Users against IMindr, nor take away any responsibility and liability from the Minder. Users acknowledge that they are not a third-party beneficiary of any Insurance Services and they have no right to assert any contribution, offset, or indemnification from IMindr with respect to any liability of a User for property damage, personal injury, injury to family members or any other persons living in the same household.
To the maximum extent permissible by any applicable law, IMindr reserves the right to modify or terminate the Insurance Services, at any time, in its sole discretion, and without prior notice. If IMindr modifies/terminates the Insurance Services cover in accordance with the foregoing, IMindr will provide You with notice of such modification/termination and IMindr will continue to process claims filed prior to the effective date of the modification/termination where possible. Such modifications may include, without limitation, conditions on Your eligibility under the Insurance Services cover. By continuing to access or use Our Services and the Platform after we have posted a modification on the Platform or have provided You with notice of a modification, You are indicating that you agree to be bound by the modified Insurance cover. If the modified Insurance Services cover is not acceptable to You, You must cease using Our Services and the Platform immediately.
Exclusions
It is important to understand that the insurance does not cover the Minder for the following:
13. Property Damage
The Insurance Services do not cover any property damage caused by a Pet or by a Minder to a Minder or Owner’s property or any other person’s property living in the same household as the Minder, nor does it cover any damage to a User’s property directly or indirectly caused by the Services. Notwithstanding this, You acknowledge and agree that IMindr does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless IMindr with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Services, including with respect to any damage of property.
IMindr is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Services must be settled between the relevant Users. Each User releases and indemnifies IMindr with respect to any dispute between Users, including (without limitation) with respect to damaged property. This notwithstanding, IMindr may elect, in its absolute discretion, to facilitate communication between disputing Users.
14. Risk Management
This clause 14 applies notwithstanding anything in these Terms to the contrary.
IMindr and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘IMindr entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform, Our Services or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the IMindr entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.
Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Our Services are provided “as is” and each IMindr entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services and Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each IMindr entity disclaims any guarantee that the operation or use of the Platform or provision of Our Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the IMindr entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no IMindr entity is responsible for any delivery failures, delays or other damage resulting from such problems.
Nothing in the preceding paragraphs will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each IMindr entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant IMindr entity) and each User agrees that it is reasonable for the relevant IMindr entity to limit liability in the following manner:
Each IMindr entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Platform, Our Services or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.
To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform, Our Services or the Services, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform, Our Services or the Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising providing or receiving Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.
Each User acknowledges that Our Services and Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that IMindr is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Minder is appropriate or suitable for the provision of Services in relation to any Pet.
To the maximum extent allowed at law, IMindr makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Minders on the Platform, nor as to the quality, security or positive features of the Minder or any location where Services are provided.
IMindr is not a party in any Booking, agreement or transaction between Users. IMindr is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications. Each Owner and Minder must make available all relevant information reasonably required in connection with the provision of Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Services.
15. Fair Conduct and Use of the Platform
Users must only use the Platform, Our Services and the Services in good faith and with respect for each other User. IMindr reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:
Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:
IMindr will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.
IMindr reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, IMindr reserves the right, in its sole discretion, to delete any User Generated Content that IMindr considers is inappropriate.
16. Feedback
We welcome any feedback from Users with respect to Our Services. In order to create a fair and impartial representation of Our Service provision, each User agrees to actively engage in IMindr’ Feedback process and post their honest and impartial Feedback after using Services as follows:
In case You fail to do so, IMindr reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Platform.
Users are also encouraged to add reviews of other Services that they have used or provided in the past.
17. Links to Third Party Sites
The Platform may have references or contain links to sites controlled by parties other than IMindr. IMindr provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, IMindr is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.
18. Third Party Advertising and Analytics Cookies
Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
19. Donation Pledges
Minders have the option to donate a portion or all of their profits gained as a IMindr Minder to a charity of their choice. If a Minder elects to do so, IMindr will transfer 100% of the specified earnings to the chosen charity(s) in accordance with the procedure set out on the Platform. Any donation made by a Minder is not tax-deductible. IMindr will not disclose the Minder’s identity to the relevant charity and the Minder will not receive a receipt for any such donation.
20. Termination and Account Cancellation
If You breach or threaten to breach these Terms, IMindr reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. If you are awaiting delivery of services (including any Services pursuant to a Booking), IMindr reserves the right to cancel the delivery of such services. A refund may be issued.
IMindr may, in its sole discretion and with or without prior notice, without liability to You, with or without cause, and at any time: (a) terminate these Terms or Your access to the Platform, and (b) deactivate or cancel Your IMindr Account or registration or similar uses of the Platform. IMindr’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. IMindr may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your IMindr Account at any time by sending an email to support@iMindr.com. However, it is important to note that You are personally liable for any Bookings, orders, Listings or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your IMindr Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.
21. Intellectual Property Rights
We and our licensors (as applicable) own all intellectual property in IMindr and the Platform, including any updates, enhancements and new features we may provide.
All images/ graphics, information, text, material, software and ads on the Platform are Copyright (c) of IMindr, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on the Platformwithout the prior written consent of IMindr. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.
You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by IMindr. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by IMindr. You may use the Content of the Platform only for the purpose of using Our Service
Terms of Service
Our T&C’s
Last Updated: 21 December 2021
iMindr ABN 9321 6304 4905 (hereafter referred to as “iMindr”, “we”, “us”, or “our”) provides the IMindr Platform including a suite of software applications and websites that enable Clients/Owners to find Minders that want to provide housing for Pets and/or other Services. The IMindr Platform was set up to help provide Users with a means of offering and booking such Services.
In certain circumstances, IMindr also provides public liability insurance that protects Minders from certain liability that may arise when caring for a Pet. For more details, please view: https://www.imindr.com/accident-cover/
By making use of or accessing the IMindr Platform, you (hereafter “You” or “Your”) agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not You register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legally binding contract between You and IMindr, under which we agree to maintain the Platform and provide the Insurance Services and You agree to pay the Fee and to respect these Terms.
If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.
The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform You represent and warrant that You are 18 or older. We only allow minors on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided IMindr with their proof of identity. The account created on the Platform is then shared by the minor and their parent / guardian and should expressly state that the parent / guardian vouches and takes full accountability for the actions of the minor.
Each User agrees that a binding legal contract is created between each Owner and Minder when a Pet Service is booked through the Platform. Any such agreement between Users is on these Terms and any other applicable terms in the relevant Booking.
THE PLATFORM AND OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MINDERS MAY SET UP LISTINGS FOR SERVICES, AND OWNERS MAY FIND, INITIATE, AND BOOK THESE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IMINDR IS NOT A PARTY TO ANY AGREEMENTS BETWEEN MINDERS AND OWNERS. IMINDR HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF MINDERS, OWNERS, PETS, OR ANY OTHER USERS OF THE PLATFORM OR SERVICES. IMINDR DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Contents
1. Key Terms
2. Disclaimer and Liability
Disclaimer
IMindr, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services, the Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Dealings with other Users
You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
3. Modifications to these Terms
IMindr reserves the right to change these Terms at any time, including with respect to the Fees. Before changing these terms, IMindr will try to give Users notice of such change by way of update before they take effect, although this may not always be possible. Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). The Terms of existing Bookings and other orders through the Platform shall be upheld by IMindr. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms.
4. Compliance with Laws
When accessing or using the Platform or Our Services, and providing or using Services, You must comply with all applicable local, state, national and international laws and You are responsible for obtaining all necessary licenses and permits. You are also solely responsible for complying with any and all applicable tax laws and regulations that apply to Your activity on the Platform. This includes the payment of tax on any amounts collected for Services provided.
Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Services, including without limitation with respect to the boarding of animals and the keeping of animals at private residences, including any applicable state and federal companion animal legislation and the local council regulations and by-laws.
EACH USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENCES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY SERVICES. IMINDR ASSUMES NO RESPONSIBILITY FOR A USER’S FAILURE TO OBTAIN SUCH PERMITS, LICENCES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
5. Relationship
You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between IMindr and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of IMindr.
IMindr is not an employment service and does not serve as an employer of any user, nor is IMindr in the position to provide any tax related advice. As such, Users are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Services provided by Minders.
You understand and agree that if IMindr is found to be liable for any tax, withholding tax or reporting obligation in connection with any Services provided or received by You, then You will immediately reimburse and indemnify IMindr for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
6. How the IMindr Platform Works
The Platform can be used to book Services provided by Minders. These Services are shown on the Listings on the Platform. Users may be required to provide personal information, including without limitation about their homes and their Pet(s), and may need to nominate a bank or PayPal Account. Each Minder can set the details and prices for the Services only in accordance with the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Services provided by the Platform or set up a Listing for Yourself, You need to register first in order to create an Account.
Each Minder must provide the Services in accordance with the relevant Booking, and each Owner must pay the Booking Fee and the Pet Service Fee pursuant to that Booking via the Payment Gateway.
IMindr connects Owners and Minders and provides the Payment Gateway and Insurance Services as set out in these Terms. However, IMindr plays no role in the agreements between Owners and Minders with regards to the provision of Services. Owners and Minders are solely responsible for such agreements.
The Owner is obliged to pay the Pet Service Fee and the Booking Fee applicable to a Booking using the Payment Gateway at the time both the Owner and the Minder have agreed on the Booking made through the Platform. The Pet Service Fee paid by the relevant Owner will be retained by IMindr until the completion date of the relevant Booking in accordance with these Terms. Subject to the Withholding Period, IMindr will transfer the relevant Pet Service Fee, less Our Service Fee, to the Minder’s nominated bank or PayPal account, after the Minder has submitted a redeem request for payment (such payments are only made by IMindr on Mondays, Wednesdays and Fridays).
Each Minder acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, an Owner may be legally entitled to a refund or other remedy with respect to the Services under any applicable law. To the maximum extent allowed at law, each Minder indemnifies IMindr with respect to any and all costs or expenses incurred by IMindr with respect to such a claim made by an Owner with respect to Services performed by that Minder, whether before or after the Withholding Period applicable to the relevant Booking.
PLEASE LET IT BE CLEAR THAT IMINDR CANNOT AND DOES NOT CONTROL ANY LISTINGS OR SERVICES. IMINDR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES PROVIDED BY OR USED BY USERS. EACH OWNER USES THE PLATFORM AND THE SERVICES PROVIDED BY MINDERS AT HIS OR HER OWN RISK.
In consideration of each User enjoying our Services:
except through the ongoing use of Our Services and the Platform. You acknowledge that any breach by You of this section would cause harm and damage to IMindr, and in the event of breach IMindr reserves the right to suspend or terminate Your access to the Platform and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.
7. Our Service and Booking Fees
Registering on the Platform is free. To register an Account, Users must complete the registration process in the manner described on the Platform.
In exchange for certain of Our Services, Users must pay Our Service Fee and the Booking Fee with respect to Bookings made through the Platform.
Our Service Fee
If You are a Minder, You must pay IMindr Our Service Fee with respect to each Booking made with Owners. Our Service Fee covers the costs of payment processing, Public Liability Insurance, platform maintenance and customer support provided by IMindr.
Our Service Fee is a fixed percentage of the Pet Service Fee (including GST) specified in the relevant Booking or such other amount specified on our Platform from time to time. Our Service Fee is deducted from the Pet Service Fee which is payable to You as a Minder in accordance with these Terms.
Our Service Fee amounts to 15% of the Pet Service Fee (including GST) for Minders that signed up before June 29 2017 09:59pm AEST. Minders that signed up after this cut-off date are charged 20% of the Pet Service Fee.
Booking Fee
If You are an Owner, You must pay the Booking Fee applicable to each Booking You make, which will be the amount specified on our Platform during the Booking process. The Booking Fee is a small amount and cannot exceed $40 per booking. The Booking Fee covers a broad spectrum of operating costs and helps fund safety measures such as our thorough 4-step Minder vetting process and police background checks.
The Booking Fee is payable by the Owner in addition to the Pet Service Fee payable to the Minder and may vary depending on the terms of the relevant Booking. The Booking Fee is non-refundable unless and to the extent that these Terms provide otherwise.
The Booking Fee is effective and applicable to:
Owners that signed up to the IMindr platform before the above mentioned cut-off dates are currently not subject the Booking Fee.
Cancellation Fee
Without limiting the terms below under “Cancellation Policies and Refunds”, depending on the cancellation policy selected by the Minder, if an Owner cancels a Booking, the Owner may be required to pay the relevant Minder a cancellation fee in accordance with the terms of the relevant Booking (Cancellation Fee). Owners can view the Minder’s cancellation policy at all times on the Minder’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”.
In the event that a Cancellation Fee is payable to a Minder, Our Service Fee will be deducted from such amount before the Cancellation Fee is paid to the Minder.
Any changes to any of Our Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Unless otherwise stated in the relevant Booking, all Fees are quoted and payable in Australian Dollars. Each User accepts the responsibility to pay the amounts payable with respect to such Fees, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that IMindr accepts.
8. Credit Card
If You make any payments for using Our Services or Services with a credit or charge card or an online payment account, You warrant that you are the cardholder or account holder and that the billing information provided is accurate, and You authorise IMindr, or a third party engaged by IMindr for the purpose of operating the Payment Gateway or other payment system on the Platform (“Payment Gateway Provider”) to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST. All payments and purchases made in connection with IMindr are non-refundable unless otherwise expressly stated in these Terms or we otherwise agree upon.
Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Our Services or Services to You. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Our Services and the Platform.
By submitting credit card details to IMindr to use Our Services and the Platform, Users agree that:
9. Cancellation Policies and Refunds
Each Owner and Minder agrees to the cancellation rules set forth below with respect to each Booking made through the Platform.
Cancellations & Refunds before the start of the Booking
If an Owner cancels a Booking after paying the Pet Service Fee but before the Services have been performed, the Owner will be required to pay any applicable Minder Cancellation Fee to the relevant Minder (depending on the cancellation policy selected by the Minder).
Owners can view the Minder’s cancellation policy at all times on the Minder’s public Pet Sitting profile available on the Platform in the section “More about the Pet Minder”. By paying for a Booking, including any Pet Service Fees, the Owner agrees and accepts the relevant Minder’s cancellation policy.
If the Owner cancels a Booking, the Owner is entitled to a refund of the Pet Service Fee in accordance with the cancellation policy selected by the Minder (as set out in the terms of the Booking and available on the Platform).
The timeframes with respect to the refunding of the Pet Service Fee under the Minder’s cancellation policy may include:
For cancellations of a Booking by an Owner that does not satisfy the timeframe specified in the relevant Minder’s cancellation policy, the Owner will only be entitled to a refund of 50% of the Pet Service Fee paid by that Owner with respect to the Booking.
All ongoing Repeat Weekly Bookings without a specified end date are subject to the Flexible policy regardless of the Cancellation Policy the Minder has set forth in their profile.
Any Booking Fee paid by an Owner is non-refundable, except where the relevant Booking is cancelled by the Minder. If a Minder cancels a Booking, the relevant Owner is entitled to a full refund of any Pet Service Fee and any Booking Fee paid by the Owner with respect to that Booking.
In order to cancel a Booking and receive a refund, the Owner must immediately notify IMindr in writing at support@iMindr.com.
In the event a Booking is cancelled, IMindr may, in its absolute discretion, determine to assist the Owner and/or Minder with respect to any dispute over the terms of the cancellation. However, IMindr is under no obligation to do so.
Once the cancellation has been processed, IMindr will notify both parties and will deposit the relevant Cancellation Fee into the Minder’s nominated account (less Our Service Fee).
In order to cancel a Booking, the Minder must notify IMindr in writing at support@iMindr.com. The Minder is required to immediately inform both the relevant Owner and IMindr about the cancellation of the Booking in writing.
Cancellations by Minders are taken very seriously. IMindr will review each Minder cancellation on a case-by-case basis and IMindr reserves the right to suspend or terminate the Minders Account and/or access to the Platform in IMindr’ absolute discretion. It is the responsibility of each Minder to only accept those Bookings that the Minder can commit to. For this reason, IMindr highly recommends all Owners and Minders to organise a Meet & Greet before the Minder accepts and agrees to commit to the Booking.
Without limiting the above, if a Minder cancels 3 or more paid Bookings within a 3-month timeframe, this may result in immediate account suspension.
Cancellations & Refunds after the start of the Booking
In certain circumstances, and without limiting anything else in these Terms, IMindr may determine to refund an Owner for Pet Service Fees and/or Booking Fees paid if that Owner is dissatisfied with the Booking or the Services.
To be eligible for a refund, Owners must notify IMindr in writing at support@iMindr.com of any complaints regarding a Booking (including with respect to the performance or omissions of the Services under that Booking) within the Withholding Period. Such notice must clearly specify the details and reasons for the Owner’s complaint. IMindr expects the Owner and Minder not to agree to or undertake any further bookings after an initial complaint. As such, we will not consider any complaints resulting from further bookings between that particular Minder and Owner.
IMindr may take into account any factors regarding the Booking and the Services that it considers relevant when determining whether to refund an Owner for any or all amounts paid with respect to that Booking. In any case, refunds are not available for payments that were not made through the Platform. Other relevant factors include, but are not limited to:
Minders who have opted in to offering ‘Repeat Weekly Bookings’ will offer the ‘Repeat Weekly Cancellation Policy’
If IMindr determines that an Owner’s complaint has merit, IMindr may discuss the matter with the Minder beforehand and try to reach an agreement around a solution. If the Minder agrees to a refund, the Minder agrees to pay to us the amount of the refund in the event that the Minder has already received moneys for the Services. Once IMindr has received such funds, we will pay that amount to the Owner into his/her nominated bank Account. If IMindr has not yet transferred the Pet Service Fee to the Minder, IMindr may determine to refund such amount to the relevant Owner before transferring any of the Pet Service Fee to the Minder.
Users understand and acknowledge that the Services may be subject to statutory guarantees under Australian Consumer Law and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.
IMindr understands that there are certain circumstances where a Minder may not be able to complete performance of Services with respect to a Booking (such as in the event of severe aggression or emergencies). However, IMindr reserves the right to terminate or suspend Minder’s Accounts and/or access to the Platform in our absolute discretion if we determine that any cancellation or failure to perform the Services under a Booking is unsatisfactory.
IMindr reserves the right to remove an Owner’s Pet from the location at which the Services are performed if we determine it is necessary for the safety of the Pet, the Minder, or any other persons, however IMindr is under no obligation to do so. In the event We choose to relocate a Pet, IMindr shall make reasonable efforts during IMindr’ normal business hours to contact the relevant Owner and/or the Owner’s Emergency Contact to arrange alternative care. Should IMindr not be able to contact the Owner or the Owner’s Emergency Contact, IMindr will endeavour to find adequate care until the Owner is able to retrieve the Pet. The Owner is responsible for and indemnifies IMindr for any charges, costs, expenses or liabilities incurred by IMindr as a result of taking any of the actions referred to in this paragraph.
10. Failure to retrieve Pet(s) or Person(s)
Pet(s)
If an Owner makes a Booking with a Minder for Services and fails to retrieve the relevant Pet(s) within five (5) days (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Services, the Owner agrees that IMindr may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities. Each Owner agrees that they are solely responsible for and indemnify IMindr for all costs, expenses and liabilities that IMindr may incur arising directly or indirectly from the Owner failing to retrieve the relevant Pets with respect to any Booking of the Owner. Nothing in these Terms operates to limit any applicable laws that may apply to an Owner’s failure to retrieve Pet(s) with respect to any Booking of the Owner, including any applicable animal abandonment or cruelty laws.
Person(s)
If an Client/Owner makes a Booking with a Minder for Services and fails to retrieve the relevant person(s) within or by the end of agreed period, (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Services, the Client/Owner agrees that IMindr may (but has no obligation to), in its sole discretion, will notify authorities, place or arrange a third party to place the relevant Person(s) in foster care, shelter or similar under the current laws of the state. Each Client/Owner agrees that they are solely responsible for and indemnify IMindr for all costs, expenses and liabilities that IMindr may incur arising directly or indirectly from the Client/Owner failing to retrieve the relevant Persons with respect to any Booking of the Client/Owner. Nothing in these Terms operates to limit any applicable laws that may apply to an Client/Owner’s failure to retrieve Person(s) with respect to any Booking of the Owner, including any applicable abandonment or inhumane laws.
11. Medical Issues and Emergencies
The contact information relating to the Owner and the Minder who have entered a Booking is automatically provided to the other party during the Booking process.
Each User acknowledges and understands that such contact information will be relied upon in the event that IMindr, an Owner or a Minder (as the case may be) needs to contact the relevant User, including with respect to any emergency, medical issue or otherwise in the provision of any applicable Services. You must keep all such contact information up-to-date at all times and must ensure that any Owner or Minder You engage using the Platform is provided with and aware of such contact information.
In the event a Minder, in carrying out Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Minder’s care, the Minder must immediately contact the relevant Owner using the contact information provided by the Owner. In such case, the Owner agrees to respond to such communication from the relevant Minder and to provide instructions as to how the Minder should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Minder can contact the veterinary contact provided by the Owner or in the absence of such contact information, a veterinary that the Minder reasonably believes to be appropriate.
In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Minder pursuant to a Booking, then, provided that the relevant veterinarian or medical practitioner is qualified to provide medical treatment or advice regarding the Pet pursuant to any applicable laws, the Owner acknowledges, agrees and authorises any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.
Without limiting the above, in case of any emergency relating to a Pet in the care of a Minder, the Minder must immediately notify the Owner (and any emergency contact provided by the Owner pursuant to the relevant Booking) and IMindr by sending us an email at support@iMindr.com (and putting “Emergency” in the email subject line). The Minder must provide all relevant details of any emergency so that the Owner, the Owner’s emergency contact and/or IMindr can determine which veterinary care is required. In the event that the Minder is unable to contact the Owner or the Owner’s emergency contact, IMindr will take reasonable efforts during IMindr’ normal business hours to contact the Owner or their emergency contact and notify them of the situation.
If the Owner or the Owner’s emergency contact cannot be contacted in event of an emergency, the Owner authorises the Minder and/or IMindr to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet.
Without limiting the above, if an Owner and a Minder agree in writing as to the procedure to be followed in the event of an emergency, the Minder must use best endeavours to comply with such directions. This notwithstanding, each Owner agrees that the Minder can seek veterinary care or other medical assistance, as the Minder, acting in good faith, considers reasonably appropriate, including in the event that the Owner cannot be contacted.
In the event that the IMindr and/or a Minder obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Owner must:
Each Owner agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Owner’s Pet under a Booking may be charged directly to the Owner’s credit card or PayPal account. The Owner also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank or PayPal account of the Owner using any credit card or PayPal details provided by the Owner. The Owner may be eligible to recover some or all of such amounts charged to the Owner’s credit card or PayPal account under the IMindr Public Liability Insurance (additional information regarding eligibility for reimbursements can be found in section 12 of these Terms and at www.iMindr.com/insurance).
12. Insurance (Accident Cover)
IMindr recommends that Users obtain appropriate insurance for their Services. IMindr insurance is secondary to any other relevant insurance the User may have. Please review any insurance policy that You may have for Your Services carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of pets with respect to which You provide any Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Services may void your coverage or result in denial of an otherwise covered claim.
THE TERMS OF THIS CLAUSE 12 ARE SUBJECT AT ALL TIMES TO THE TERMS OF THE IMINDR PUBLIC LIABILITY INSURANCE POLICY (POLICY). THIS POLICY CAN BE CONSULTED IN THE FOLLOWING LOCATION: WWW.IMINDR.COM/INSURANCE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICY, THE POLICY WILL PREVAIL. EACH USER WARRANTS THAT THEY HAVE READ AND ARE AWARE OF THE POLICY.
IMindr provides Public Liability insurance for bookings that are made and paid through the Platform. Public liability covers You for your liability to pay compensation to a third party for damage to property or personal injury as a result of the Minder’s negligence whilst the Pet is under the Minder’s care.
All claims are subject to the applicable policies as specified by relevant underwriters.
All Claims are subject to a $350 deductible payable by the Minder. The Minder is responsible for, and irrevocably indemnifies IMindr against, any costs, expenses and liabilities incurred by IMindr in relation to any claim under the Insurance Services in connection with that Minder’s Booking.
For full details on our Insurance cover, please visit www.iMindr.com/faq. Each User acknowledges that the IMindr Insurance does not apply in the case that the User has not strictly complied with these Terms.
If You believe that any incident is covered under the Insurance Services, You must provide IMindr with written notice of the incident, along with all material documentation available to You evidencing the foregoing (e.g. invoices and veterinary notes from the initial veterinary examination), no later than seven (7) days after the end date that the Services were provided under the relevant Booking.
The Insurance Services are not available in any jurisdiction where prohibited.
IMindr will in good faith decide whether or not the User has complied with these Terms in determining whether the User may be eligible under the Insurance Services . The Insurance Services will only apply to the extent that the User(s) is/are unable to claim or is denied to claim any other insurance policy that the User(s) may have. Each User agrees to provide any information to IMindr or the relevant insurance providers regarding any claim. This includes any other insurance policies the User may have.
The Insurance Services do not confer or imply any additional rights or claims to Users. Furthermore, the Insurance Services do not create any rights or claims for Users against IMindr, nor take away any responsibility and liability from the Minder. Users acknowledge that they are not a third-party beneficiary of any Insurance Services and they have no right to assert any contribution, offset, or indemnification from IMindr with respect to any liability of a User for property damage, personal injury, injury to family members or any other persons living in the same household.
To the maximum extent permissible by any applicable law, IMindr reserves the right to modify or terminate the Insurance Services, at any time, in its sole discretion, and without prior notice. If IMindr modifies/terminates the Insurance Services cover in accordance with the foregoing, IMindr will provide You with notice of such modification/termination and IMindr will continue to process claims filed prior to the effective date of the modification/termination where possible. Such modifications may include, without limitation, conditions on Your eligibility under the Insurance Services cover. By continuing to access or use Our Services and the Platform after we have posted a modification on the Platform or have provided You with notice of a modification, You are indicating that you agree to be bound by the modified Insurance cover. If the modified Insurance Services cover is not acceptable to You, You must cease using Our Services and the Platform immediately.
Exclusions
It is important to understand that the insurance does not cover the Minder for the following:
13. Property Damage
The Insurance Services do not cover any property damage caused by a Pet or by a Minder to a Minder or Owner’s property or any other person’s property living in the same household as the Minder, nor does it cover any damage to a User’s property directly or indirectly caused by the Services. Notwithstanding this, You acknowledge and agree that IMindr does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless IMindr with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Services, including with respect to any damage of property.
IMindr is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Services must be settled between the relevant Users. Each User releases and indemnifies IMindr with respect to any dispute between Users, including (without limitation) with respect to damaged property. This notwithstanding, IMindr may elect, in its absolute discretion, to facilitate communication between disputing Users.
14. Risk Management
This clause 14 applies notwithstanding anything in these Terms to the contrary.
IMindr and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘IMindr entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform, Our Services or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the IMindr entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.
Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Our Services are provided “as is” and each IMindr entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services and Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each IMindr entity disclaims any guarantee that the operation or use of the Platform or provision of Our Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the IMindr entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no IMindr entity is responsible for any delivery failures, delays or other damage resulting from such problems.
Nothing in the preceding paragraphs will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each IMindr entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant IMindr entity) and each User agrees that it is reasonable for the relevant IMindr entity to limit liability in the following manner:
Each IMindr entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regards to the use of the Platform, Our Services or the Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.
To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform, Our Services or the Services, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform, Our Services or the Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising providing or receiving Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.
Each User acknowledges that Our Services and Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that IMindr is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Minder is appropriate or suitable for the provision of Services in relation to any Pet.
To the maximum extent allowed at law, IMindr makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Minders on the Platform, nor as to the quality, security or positive features of the Minder or any location where Services are provided.
IMindr is not a party in any Booking, agreement or transaction between Users. IMindr is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications. Each Owner and Minder must make available all relevant information reasonably required in connection with the provision of Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Services.
15. Fair Conduct and Use of the Platform
Users must only use the Platform, Our Services and the Services in good faith and with respect for each other User. IMindr reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:
Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:
IMindr will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.
IMindr reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, IMindr reserves the right, in its sole discretion, to delete any User Generated Content that IMindr considers is inappropriate.
16. Feedback
We welcome any feedback from Users with respect to Our Services. In order to create a fair and impartial representation of Our Service provision, each User agrees to actively engage in IMindr’ Feedback process and post their honest and impartial Feedback after using Services as follows:
In case You fail to do so, IMindr reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Platform.
Users are also encouraged to add reviews of other Services that they have used or provided in the past.
17. Links to Third Party Sites
The Platform may have references or contain links to sites controlled by parties other than IMindr. IMindr provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, IMindr is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.
18. Third Party Advertising and Analytics Cookies
Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
19. Donation Pledges
Minders have the option to donate a portion or all of their profits gained as a IMindr Minder to a charity of their choice. If a Minder elects to do so, IMindr will transfer 100% of the specified earnings to the chosen charity(s) in accordance with the procedure set out on the Platform. Any donation made by a Minder is not tax-deductible. IMindr will not disclose the Minder’s identity to the relevant charity and the Minder will not receive a receipt for any such donation.
20. Termination and Account Cancellation
If You breach or threaten to breach these Terms, IMindr reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. If you are awaiting delivery of services (including any Services pursuant to a Booking), IMindr reserves the right to cancel the delivery of such services. A refund may be issued.
IMindr may, in its sole discretion and with or without prior notice, without liability to You, with or without cause, and at any time: (a) terminate these Terms or Your access to the Platform, and (b) deactivate or cancel Your IMindr Account or registration or similar uses of the Platform. IMindr’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. IMindr may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your IMindr Account at any time by sending an email to support@iMindr.com. However, it is important to note that You are personally liable for any Bookings, orders, Listings or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your IMindr Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.
21. Intellectual Property Rights
We and our licensors (as applicable) own all intellectual property in IMindr and the Platform, including any updates, enhancements and new features we may provide.
All images/ graphics, information, text, material, software and ads on the Platform are Copyright (c) of IMindr, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on the Platformwithout the prior written consent of IMindr. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.
You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by IMindr. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by IMindr. You may use the Content of the Platform only for the purpose of using Our Service