SERVICES / USE OF SERVICES
, or fail to abide by these Terms, you will not be permitted to use our Services. Paws reserves the right to modify these Terms at any time in its sole discretion. Modifications will be effective immediately upon posting to Paws’ website or as otherwise sent to you via electronic messaging, whichever is applicable. You waive any right you may have to receive specific notice of modifications. Your continued use of the Services following a modification confirms your acceptance of the modifications and revised Terms. If you do not agree to the revised Terms, do not use the Services.REQUESTING SERVICES / DEPOSITS / CHARGES
When you request Services, based on the information you provide, such as the origin and destination, travel method, name, size of pet, species, breed description, age, weight, gender, size, temperament, special handling details, medical notes, crate size, etc. (“Travel Details
”), you will receive an estimate for the cost of the Services (“Estimate
”). Depending on how you engage with Paws and the type of Service, once you confirm the Estimate, you will be provided a quotation, which is valid for 30 days, unless otherwise specified (“Quotation
”). In certain cases, such as when you use the Paws mobile application (“Application
”) or chatbot, you will be charged based on an Estimate without being provided a Quotation, but your use is still governed by these Terms.
To proceed with the Services set out in a Quotation, a deposit may be required. Note that if the Travel Details change, the actual cost may increase and deviate from the Quotation, the charges for which will be your responsibility, whether or not Paws updates the Quotation. The Quotation is based on current tariffs and is subject to change without prior notice. Surcharges for public holidays, weekend and after-hours services may be applicable. You will be responsible for any changes in tariffs and/or surcharges. If Paws is required to provide, or correct, documents (unless otherwise specified in a Quotation), you will be responsible for paying Paws’ hourly rate of $100 (subject to a minimum $200 charge) for Paws undertaking to correct or produce the documents.
Paws offers various payment options when placing an order for Services, such as e-mail money transfer, credit card or Visa debit, all of which are processed by Paws’ third-party payment processors. Services are subject to taxes and additional charges.
It is your responsibility to ensure there is a person available to receive your pet at the destination designated in the Travel Details, unless otherwise agreed in writing with Paws. Failure to do so will result in additional charges, which may include returning your pet to the originating location.You are solely responsible for the cost to repair or clean any damage to a Driver’s vehicle or Provider’s vehicle/facility caused by your pet, beyond normal wear and tear. You are responsible, and may be charged, for any spills, soiling, or other mess caused by your pet (“Damage
”). Paws reserves the right to charge a reasonable clean up fee for the Damage (“Clean-up Fee
”). If you use a credit card to order the Services, you expressly agree Paws to charge your credit card for the Clean-up Fee. CARRIERS / RESTRAINTS
Unless your Estimate or Quotation includes the cost of a carrier or safety restraints, you are responsible for providing transportation carriers or safety restraints for your pet that meet applicable safety and travel specifications (“Carrier”). Failure to provide a Carrier may result in additional charges, and may result in the Services being cancelled, for which refunds are not available.CANCELLATIONS / REFUNDS
At Paws, we understand plans change and pets aren’t always predictable in their behaviour. Depending on your specific method of travel, refunds for cancellation may be available for the Services. For details, please review the section entitled “Specific Methods of Pet Relocation”. In no circumstance will Paws refund or reimburse for expenses incurred for travel by any person or animal other than the pet identified in the Travel Details, even if a refund is provided for the Services that were cancelled. THIRD PARTY SERVICES
Paws provides the utmost care and attention to your pet in delivering the Services. You acknowledge that the Services may be provided by third parties that Paws does not control, nor provide any guarantee, such as boarding, kennelling, airlines, or international service providers (“Providers
”). Paws is solely a reseller of services from a Provider. You acknowledge that the Providers are not employees, agents or otherwise related to Paws, and in obtaining the Services you acknowledge and agree Paws cannot be held responsible for the loss, illness, injury, or death of your pet whilst in the care of a Provider, and indemnify Paws as set out in these Terms. BUYER'S REPRESENTATIONS
You represent and warrant to Paws:
1. you are over 18 years of age and legally permitted and authorized to order the Services;
2. if ordering the Services on behalf of a company or other entity, that you’re authorized to act on the entity’s behalf;
3. you are the cardholder, or an authorized user, of the credit card or visa debit card used to purchase the Services;
4. in instances where the credit card charge exceeds $1,000, Paws may require you to provide valid government-issued identification for its fraud compliance process;
5. you will only provide to Paws accurate, truthful, current and complete information;
6. if you have established an account with Paws, promptly notify Paws if you discover or otherwise suspect any security breaches relating to your account or credit card or a lost/stolen Visa debit card;
7. if you have established an account with Paws, take responsibility for all activities that occur under your account and accept all risks of unauthorized access;
8. that it may deliver your pet for veterinary care if your pet falls ill or suffers an injury during the relocation (other than due to Paws’ negligence), the charges for which will be your responsibility; and
9. your pet is not vicious or prone to exhibiting aggressive behaviour, acknowledging Paws reserves the right to decline handling vicious/aggressive pets.
You agree to indemnify and hold harmless Paws, its officers, directors, shareholders, employees and agents, independent contractors, Drivers, 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 your use of the Services or breach or violation of any of these Terms.
SPECIFIC METHODS OF PET RELOCATION
When using the Services, the following terms apply with respect to the different types of Services offered by Paws. AIR TRAVEL (GENERALLY)
Paws is an accredited IATA member which permits it to book air travel with various airlines. Although Paws endeavours to fulfill your Travel Details, we are not liable for circumstances beyond our control, such as airline delays, flight cancellations, incorrect routing by airlines, change of aircraft type, available capacity by the airline, or loss of documents by the carrier (“Airline Delays
”). If you fail to submit documents or the documents are incorrect, other than those specified in the Quotation that are specifically Paws’ responsibility, this will be considered an Airline Delay. If an Airline Delay arises, you acknowledge and agree that you will incur, and be responsible for, charges for kennelling, additional trips to/from the airport, etc. Quotations generally do not include round trip travel, customs clearance, airline handling charges, or tax at the destination airport unless otherwise specified. As Paws will deliver the Services according to the Quotation, you understand and agree that you are responsible for reviewing the services, included charges and excluded charges that are itemized in the Quotation, and the accuracy thereof. You will be responsible for the full amount of the Quotation, plus excluded charges.
When travelling by air, a Provider may require additional documentation, in which case you agree to expeditiously complete the documentation and submit it to Paws to avoid Airline Delays and additional charges.
AIR TRAVEL (CANADA / USE ONLY)
For air travel within Canada and the United States, Paws will commence providing the Services after receiving the full amount in the Quotation. Refunds are not provided for cancelling Services that encompass air travel within Canada and the United States.
AIR TRAVEL (OUTSIDE OF CANADA / USA)
For air travel outside Canada and the United States, payment for the services occurs in 3 stages: (i) initial deposit; (ii) second deposit; and (iii) full payment at least 1 week prior to travel.
If you cancel the air travel Service within 24 hours of Paws receiving the initial deposit, Paws will refund your deposit, less a processing fee of $100.00. If you cancel the air travel Service more than 24 hours after Paws receiving your initial deposit, and Paws has not yet booked the flight, Paws will refund 50% of your initial deposit. If you cancel air travel Service after Paws books the flight, you will not receive a refund of any moneys paid. GROUND TRAVEL
When you order Services via the mobile application for short-haul ground travel, which is less than 100 kilometres one-way (“Short-Haul
”), your pet will be picked up by a Paws driver (“Driver
”) and you will be charged for the full cost of the Services based on the Travel Details. If you cancel the Short-Haul Services, you will not receive a refund of any moneys paid.
When you order Services via the chatbot or web form for Short-Haul ground travel, your pet will be picked up by a Paws driver (“Driver
”) and you will be charged in advance for the full cost of the Services based on the Travel Details. If you cancel the Short-Haul Services at least 24 hours in advance of the scheduled pickup time, you will be refunded 50% of the full amount of the Quotation. If you cancel the Short-Haul Services within 24 hours of the scheduled pickup time, you will not receive a refund of any moneys paid.
When you order Services for long-haul ground travel, which is greater than 100 kilometres one-way (“Long-Haul
”), your pet will be picked up by a Driver and you will be charged in advance for the full cost of the Services based on the Quotation. If you cancel the Long-Haul Service at least 24 hours in advance of the scheduled pickup time, you will be charged a processing fee of $250.00. If you cancel the Long-Haul Service within 24 hours of the scheduled pickup time, you will be refunded 50% of full amount of the Quotation.
” occurs if your pet is not available at the originating location within 10 minutes of the scheduled pickup time, in which case you will be responsible to Paws for the full amount of the Quotation.
If a Driver will be delayed by more than 10 minutes to the originating location, the Driver will endeavour to contact you about the delay.
Additional charges, such as tolls or Clean-up Fee, may also be charged. You may provide additional payment as a gratuity to a Driver or Provider, but are not obligated to do so.
If the Driver is responsible for picking up and/or dropping of your pet without you or your representative present, you must:
You acknowledge and expressly consent to receiving electronic messages from Paws and its Drivers and Providers. You may choose not to provide us consent, or you may revoke your consent at any time, in which case you may not be able to use the Services.
USE OF MARKS
The Application and Paws’ website and documentation contains names, words, phrases, domain names, logos, graphics and designs that are Paws’ property, including its trade names or trade-marks and that of its Providers (“Content
”). You are not granted a licence of any kind to the Content. Copying, modifying, or re-transmitting Content is a violation of our rights and may violate international law, for which you could be liable. The Content is protected under the copyright and trade-mark laws of Canada and other countries.
DISCLAIMER AND LIMITATION OF LIABILITY
Paws represents, warrants and agrees that it and its Drivers and Providers shall deliver the Services in a competent manner. To the extent permitted by applicable law, Paws disclaims all other warranties and conditions, express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Paws makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted. You acknowledge and agree to bear the entire risk arising from the Services, whether provided by Paws, a Driver or a Provider, to the extent permitted by applicable law.
Paws shall not be liable for any loss of money, goodwill, or reputation, direct, indirect, incidental, punitive, exemplary, special or other consequential damages for your use of the Services, even if we are advised of the possibility of these damages.
GOVERNING LAW AND JURISDICTION
If a dispute arises between you and Paws relating to the application, interpretation, implementation or validity of these Terms or the Services, 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) and be governed by laws of the Province of Ontario and applicable federal law, without regard to its conflicts of law principles. Judgment 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. The United Nations Convention on the International Sale of Goods shall not apply to these Terms.
This is the entire agreement between Paws and you, including any licence agreement if using the Paws mobile application, unless the agreement specifically supersedes these Terms.
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, and any such invalid or unenforceable provision will be deemed to severable.
Even after you’ve used the Services, the provisions regarding indemnity, limited liability, representations and warranties, and this general section shall continue to apply if any claim is brought against Paws.
These Terms were last updated September 15, 2023. Paws may revise these Terms periodically by posting to its website. If you use the Services after these Terms are updated, you acknowledge and agree you will be bound by the revised Terms.
Questions about these Terms may be directed to firstname.lastname@example.org