Terms of Services

PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PAWS EN ROUTE INC. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Paws en Route Inc. (“Paws”) operates the Paws en Route website (the “Site”). By using the Site, you accept Terms of Use (the “Agreement”). If you do not agree to all terms and conditions of the Agreement you may not use the Site or the Services. Paws may immediately terminate the Agreement with respect to you, or cease offering or deny access to the Site or the Services or any portion thereof at any time for any reason.

The Agreement applies to your access to and use of the Site and the Services. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept the Agreement on such entity’s behalf, and that such entity agrees to indemnify you and Paws for violations of this Agreement. This Agreement contains disclaimers and other provisions that limit our liability to you. In the event there is any conflict or inconsistency between this Agreement and any other terms of use that appear on the Site, these Terms of Use will govern.

While we make reasonable efforts to provide accurate and timely information about Paws on the Site, you should not assume that the information is always up to date or that the site contains all the relevant information available about Paws.

Paws reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Agreement and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.

The Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority in your province/territory of residence, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

In order to participate in certain areas of our Site, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Paws if you discover or otherwise suspect any security breaches relating to the Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Paws may amend the Agreement from time to time. Amendments are effective upon Paws posting of such at this location or by otherwise communicating them to you. Your continued use or access of the Site constitutes your agreement to be bound by the Agreement as amended.

1. The Services
The Site enables you to arrange and schedule transportation services for a pet(s), (a “Ride”), and receive said Ride from an independent third-party provider(s) or affiliate(s) under agreement with Paws (a “Driver”). You have the option of requesting that you accompany your pet for the Ride. You understand that Drivers are not employees of Paws.

1.1 Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that Paws does not control nor provide any guarantee. For clarity, this may include boarding, kenneling or pet hospitality services provided by Park9 Urban Dog Playcare & Resorts (“Park9”). You acknowledge that these third-parties or affiliates under agreement with Paws are not employees of Paws. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. In particular, by using the Site, you acknowledge having been notified of the Care Agreement that Park9 requires of anyone that hires their services, which are appended to these Terms of Use as Schedule “A” and accept these terms in their entirety in the case where services of Park9 are requested by you. Paws does not endorse such third-party services and content and in no event shall Paws be responsible or liable for any products or services of such third-party providers. Additionally, Park9 and any subsidiaries and affiliates will not be third-party beneficiaries to this contract if you access the Services using any website or software application owned and operated by Park9. These third parties are not parties to this contract and are not responsible for the provision or support of the Services in any manner, except as engaged by you for the delivery of their third party services. For further clarity, if you engage third party services under these Terms, Paws is solely a reseller of any such services, and does not directly deliver those services to you, nor are liable for your use of any such service. Your access to the Services using the Site is not subject to, limited or abrogated by any terms set forth in the third-party terms of service including but not limited to Park9 as provided for in Schedule “A”. These third parties are not parties to this contract except as otherwise set out herein (including but not limited to the terms set out in Schedule “A”), and are not responsible for the provision or support of the Services, except as engaged by you for their third party services.

2. License
Paws grants you a non-exclusive, non-transferrable, non-sublicensable, limited license to access and use the Site in connection with the Services. Except as authorized in writing by Paws, you may not reproduce, redistribute, sell, create derivative works from, reverse engineer, or disassemble the Site in any way. You may not use the Site for any commercial purpose. All rights not expressly granted by Paws are reserved.

Paws makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party website accessible via hyperlink or website linking to the Site. Such websites are not under the control of Paws and Paws is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such Site. Paws and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Paws of any website or any information contained therein. When you visit other websites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Site.

To the maximum extent permitted by applicable law, Paws and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Paws, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Paws’ records, programs or services. In no event shall the aggregate liability of Paws, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to Paws for access to or use of the site.

3. Copyright
Unless otherwise indicated all associated logos, names, trademarks, designs, texts, graphics, pictures, data, software, and other files associated with the Site and Services are the property of Pawsor its licensors or users.

4. RegistrationI
n order to use the Services you must register an “Account”with the Site. You must be at least 18 years of age or the age of legal majority in your Country to register an Account. Use of the Site contrary to this term will void the Agreement. By using the Site, you represent and warrant that you have the capacity to enter into the Agreement and to abide by its terms and conditions.

You are responsible for all activities conducted through your Account, regardless of who conducts the activity. Paws is not responsible or liable for any loss or damage resulting from failure by you to protect your Account username and password. You agree to immediately notify Paws by contacting info@pawsenroute.ca of any unauthorized account use or any other breach of security.

5. Privacy
Your privacy rights are set out in the Paws Privacy Policy, which is a part of the Agreement for all purposes. To create an Account you must provide certain information such as your name, address, phone number(s), pet name, pet type, pet breed, pet weight, pet birthday, pet behavioural tendencies, as well as information for least one valid credit card. You agree to keep all information in your account up to date and accurate, including valid credit card information. Account information will be securely stored by Paws for the sole purpose of providing the Services.

By using the Site, you agree that Paws may contact you by telephone or text (SMS) messages including in regard to your Account information, the Services, and marketing purposes related to Paws service offerings, and acknowledge there may be additional expenses incurred solely at your cost as a result. Except for your credit card information, you agree that Paws may provide certain Account information with any Driver to facilitate the Ride. You agree that you may be asked to exchange telephone or text messages with a Driver in certain instances. You can unsubscribe from being contacted by visiting https://www.pawsenroute.com/unsubscribe and acknowledge that doing so may impact the Services.

6. Payment
When you schedule or arrange a Ride, Paws may charge the credit card associated with your Account for the full cost of the Ride at that time. Paws will then deliver your payment to the Driver, which will be considered payment made directly by you to the Driver. Any applicable coupons must be identified at the time you schedule or arrange a Ride in order to receive any related discount or deal.

All payments are final and non-refundable, unless otherwise determined by Paws in their sole discretion or as set out in the Agreement. Additional charges that are incurred including but not limited to tolls, waiting fees, route deviation, additional stops, damage or cleaning fees may be charged to the credit card associated with your Account after completion of the Ride.

You are free to provide additional payment as a gratuity to any Driver. However, you are under no obligation to do so and gratuities are voluntary. From time-to-time you maybe invited to complete a customer satisfaction survey where you will be able to rate your experience and leave feedback about a Driver.

You are solely responsible for the cost to repair or clean any damage to the Driver’s vehicle caused by your pet beyond normal wear and tear. Any spills, soiling, or other mess caused by your pet will result in a reasonable clean up fee charged directly to the credit card associated with your account by Paws and transferred to the Driver.

7. Booking Cancellations and Changes
You may use the Siteto modify or cancel a Ride, on certain conditions. If you request a modify a Ride:

a. Cancellation more than 12 hours before the scheduled ride is without penalty.

b. Cancellation between 6 and 12 hours before the scheduled ride is subject to a non-negotiable administrative fee.

c. Cancellation less than 6 hours before the scheduled ride is subject to a charge equal to the fee for the ride.

8. No-shows, and What to do if you are Late
The Site enables you to select a time and location for the pet to be picked up by the Driver. If your pet is not available at the specified pickup location within 10 minutes of the scheduled time, this is considered a “no-show” and the Ride will not be provided. No refund will be available. If your pet is going to be more than 10 minutes late call Paws at 1-866-204-7331.

If the Driver is not at the pickup location within 10 minutes of the scheduled time, do not leave before calling Paws at 1-866-204-7331. If you leave the pickup location before calling Paws this will be considered a no-show and no refund will be provided.

If the pickup location is an airport, and the no-show was caused by a delayed flight arrival and outside of your control (“Air Travel Delay”), a refund or accommodation may be provided at Paws sole discretion. Contact Paws at 1-866-204-7331 or contact the Driver immediately upon becoming aware of an Air Travel Delay.

If the Driver is unable to deliver the pet at the destination for reasons caused by you or your affiliates, including because nobody is at the destination point to receive the pet, you are solely responsible for additional costs that may result, which may include returning the pet to the pickup location.

9. Rider Conduct
You agree to abide by a reasonable standard of conduct while engaging with Paws and Drivers.

Drivers may refuse to provide the Ride for any type of gross misconduct or transgression, which includes but is not limited to smoking and possessing open alcohol in the Driver’s vehicle.

You agree to comply with all applicable laws when using the Services, and to only use them for lawful purposes.You understand that Drivers are not authorized to transport any pet that was not identified when the Ride was scheduled or arranged.You understand that a pet(s) may be denied a Ride if they are deemed dangerous in the sole discretion of the Driver, and no refund will be available.

10. Safety RestraintsYou are responsible for providing safety restraints for a pet(s) including properly fitted car seat harnesses or transportation crates (“Safety Restraints”).

When scheduling or arranging a Ride using the Site you may request that Safety Restraints be provided by the Driver. Drivers will not allow any pet(s)to remain unrestrained.

You understand that a pet(s) may be denied a Ride if you do not provide or request Safety Restraints, and no refund will be available. Pets will not be permitted to travel in a Ride without a certified safety harness or travel crate. Paws will provide standard sizes of safety harnesses (small, medium, large). If a pet is extremely large you must provide a suitable certified harness or carrier and must notify Paws of this fact while scheduling or arranging a Ride. Cats are not permitted to travel in a Ride unless inside a travel crate. Cats must be inside a travel crate prior to the Ride.

11. Non-accompanied pets
If a pet(s) will be travelling unaccompanied you must:

a. Pre-arrange access to your home or location of the pet for the Driver;

b. Ensure that the pet is safely secured at a location the Driver can access without putting themselves or the pet at risk of injury;

c. If the pet will be travelling in a crate, put the pet in the crate;

d. If the pet is a cat, it may only travel in a crate and must be in the crate prior to the Ride;

e. Identify a pet’s behavioral or physical issues;

f. Pre-authorize the Driver to pickup the pet at the pickup point.

g. Pre-authorize the Driver to deliver the pet at the destination;

h. Provide pet carriers for small animals or harness for larger pets; and

i. Comply with other reasonable requests that Paws or the Driver may make.

j. Understand that accidents and injury may happen during walks or playtime with other pets, or that my pet may become ill, and that it may be necessary to seek immediate veterinary care. I understand that in such cases, I will be responsible for the cost of such veterinary care.

12. Representations and Warranties
Paws hereby represents, warrants and agrees that the Drivers have, to the best of Paws’ knowledge, the necessary experience and qualifications to perform the Services, and that the Services provided shall not infringe, misappropriate or violate any right of any person or entity.

13. Indemnity
You agree to indemnify and hold harmless Paws and its officers, directors, employees and agents, its independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all claims, damages, costs, demands, losses, liabilities, and expenses (including but not limited to legal fees) arising out of or in connection with: (i) your use of the Site; (ii) your use of the Services; (iii) any Ideas you provide; (iv) your breach or violation of any of these Terms of Use; (iv) your conduct in connection with the Site; or (v) your violation of the rights of any PawsDriver.

14.Disclaimers
The Services are provided on an “as is” basis. Paws disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a purpose and non-infringement. Paws does not guarantee the quality, suitability, safety or ability of any Driver. Paws makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be error-free or uninterrupted. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Paws disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and materials contained therein.

15. Limitations, and Liability
Paws is not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal or pet injury or property damage, missed flights or travel, that are related to, in connection with, or otherwise result from any use of the Services, even if Paws has been advised of the possibility of such damages. Paws is not be liable for any damages, liability or losses arising out of (a) your use of or reliance on the Services or your inability to access or use the Services; or (b) and transaction or relationship between you and any Driver, even if Paws has been advised of the possibility of such damages. Paws will not be liable for delay or failure in performance resulting from causes beyond Paws’ reasonable control. In no circumstances will Paws total liability to you in connection with the Services for all Damages, losses and causes of action exceed one thousand dollars ($1000CAD).

The Services may be used by you to request and schedule transportation services, to book pet flights, to prepare documentation for pet travel, but you agree that Paws has no responsibility or liability to you related to any transportation services, travel documentation and planning, or other services provided to you by Paws other than as expressly set forth in the Agreement.

16. Arbitration
If any dispute arises between you and Paws (individually a “party” together “Parties”) relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Arbitration Rules. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The decision of the arbitrator shall be final with no appeal to any court.

17. Governing Law
Access to and use of the Site and these Terms of Use are governed by the laws of Canada and the law of the Province of Ontario applicable therein, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or these Terms of Use shall be instituted only in a court located in Toronto, Ontario. You and Paws agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

18. Severability
The invalidity or unenforceability of any provision of this agreement will not affect the validity or enforceability of any other provision hereof, and any such invalid or unenforceable provision will be deemed to severable.

19. Complaints
Paws endeavours to offer you a friendly, efficient and professional service to your complete satisfaction. If a situation should arise where you are not satisfied, please contact Pawsby email at info@pawsenroute.com and Paws will try to resolve the situation, but does not guarantee any solution.

Schedule “A” – Park9 Urban Dog Playcare and Resorts Care Agreement

1. Services.
We agree to provide the specific services (“Services”) to your Dog/Cat for each visit as requested by you. We will exercise reasonable judgment as we provide the Services.

2. Fees.
Information on the full list of Services and applicable fees are available upon request. You agree to pay us for the Services we provide to your Dog/Cat during each visit at the rates set forth at the start of such visit (collectively the “Charges”). Fees are subject to change without notice and deposits and seasonal rates may apply. Payment of all fees is due at the time of Check-out.

3. Your Agent.
You must provide an adult, over the age of 18, as your Agent. Your Agent must also be someone other than the primary Guardian(s) and should not be someone traveling with you if you are leaving town. If we cannot reach you, you authorize us to contact your Agent. You agree that your Agent shall have your full and complete authority to make any and all decisions, including those related to the health of your Dog/Catand the expenditure of funds, for or on behalf of you and your Dog/Cat. Your Agent must be able to pick up your Dog/Cat if necessary.

4. Check-out.
We may require identification before releasing your Dog/Cat as we want to be sure we only release your Dog/Cat to you, your Agent or such other individual(s) (“Alternate”) designated by you in writing as authorized to pick up your Dog/Cat.

5. Emergencies.
In the event of an emergency as determined in our sole discretion, we will first attempt to contact you and your Agent. If we are unable to contact you and your Agent, you agree and authorize us to provide or arrange for medical services, transport, and/or to make temporary alternative arrangements, as appropriate. You agree that you are responsible for any costs applicable to these arrangements. You agree to notify us of any and all changes of address, emergency telephone numbers, itineraries or other information reasonably necessary to contact you in the event of anemergency.

6. Dog/Cat Health and Behavior.
You agree not to bring your Dog/Cat to the Park9 facility if your Dog/Cat shows signs suggestive of a medical or communicable condition (e.g. diarrhea, vomiting, coughing, sneezing, skin lesions, lethargy). You specifically represent that your Dog/Cat has not been ill with any communicable condition within a 30 day period prior to the receipt of the Services. You agree to complete Park9’s Authorization for Release of Veterinary Information form. We reserve the right to refuse to accept a dog/cat at Check-in for any reason, including without limit, if it appears to us the dog/cat is sick, injured, in pain, or that its behavior could jeopardize the health or safety of other dogs or cats or our staff.

7. Contact with Other Dogs/Cats.
While your Dog/Cat is staying with us, he or she will come into contact with other dogs/cats. Every effort will be made to ensure the safety of your Dog/Cat by enforcing restrictions on dogs and cats as set forth in Park9’s procedures.• All dogs/cats coming into Park9 are required to be vaccinated. However, it is still possible for a dog or cat to become ill, even if vaccinated. You understand this risk and agree that Park9 is not liable for any illness suffered by your Dog/Cat during or after its stay, including but not limited to Tracheobronchitis (CanineCough).•You understand and accept that participation in boarding and daycare, including transportation to and from Park9 premises, is not without some risk, including but not limited to illness and injuries such as bites, cuts, abrasions, sprains, strains, broken nails and parasites. Despite being handled with the greatest amount of care and foresight, animals are unpredictable and the unexpected can happen. You are responsible for personal injury or injury or damage to other animals or property caused by your Dog/Cat while under the care and control of Park9 and its agents and you agree to assume full and sole responsibility for any and all costs thereof and YOU RELEASE PARK9 AND ITS AGENTS FROM ANY LIABILITY FOR SUCH INJURY.8. Dog/cats not Picked up on Departure Date.If you or your Agent or Alternate do not pick up your Dog/Cat at the agreed upon time, you hereby authorize us to continue to provide the Services as set forth in this Agreement at your expense. You shall remain liable to us for all unpaid Charges.9. Your Representations to us.You represent to us that you are the owner (“Guardian”) of the Dog/Cat and that you are fully authorized to enter into this Agreement. All of the information about you and your Dog/Cat in this Agreement is true, accurate and complete.

10. Release and Indemnification.
FOR SEPARATE CONSIDERATION YOU FURTHER AGREETO SAVE AND HOLD HARMLESS PARK9, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS OR SUITS WHICH ARISE IN ANY WAY OUT OF SERVICES PROVIDED BY PARK9 OR AS A CONSEQUENCE OF YOUR ASSOCIATION WITH PARK9, INCLUDING BUT NOT LIMITED TO LOST OR MISPLACED PROPERTY, ANY INJURY, ILLNESS, DAMAGE, LOSS OR FROM ANY PRE-EXISTING HEALTH CONDITION OF YOUR DOG/CAT, EITHER KNOWN OR UNKNOWN TO PARK9.

11. Photography and Recording.
You agree that your Dog/Cat may be videotaped, photographed or recorded when on Park9 premises. While you understand Park9 will not profit monetarily from the images or likenesses of your Dog/Cat, Park9 shall be the exclusive owner of such taping, photography and recordings for use with or on, but not limited to website webcam streaming and recording, social media and marketing with the rights of unlimited use, copyright and license in any manner.

12. MiscellaneousProvisions.
•This written Agreement constitutes our entire and only agreement and there are no oral agreements or understandings except as provided for in thisAgreement.
•This Agreement applies to all visits by your Dog/Cat toPark9.
•This Agreement shall be made and construed in accordance with the laws of the Province of Ontario.