These terms constitute a contract between you as the Caretaker (“Pet Boarder” or “Pet Sitter” or “Dog Walker” or “Pet Chauffeur” or “Dog Trainer”) and us JomPaw Malaysia Sdn Bhd with a Company Registration Number of 1253485-D.
A. The Service
- It is hereby agreed and acknowledged that you are an independent contractor. You are not our employee nor agent.
- We are only a platform to facilitate the Client (ie “Pet Parent”) towards getting the appropriate and suitable Caretaker based on the Client’s conditions and requirements and based on the information made available to us.
- The scope of services (“service”) by you as the Caretaker may consist of either one or more of the following (as the case may be): (a) Pet boarding, (b) Pet sitting, (c) Dog walking, (c) Transportation, (d) Dog training.
- The service is restricted only to such service as selected at the time of appointment scheduling by the client. For avoidance of doubt, we reserve the right to change, remove and/or modify the service or any part thereof.
- We have the right to suspend or terminate you with immediate effect without assigning any reason thereto. In such event, any payment which is due to you from us (if any) shall be based on the service that you have actually and satisfactorily completed (or pro-rated accordingly, where applicable). Such payment shall be without prejudice to our right to set-off and/or to claim for any payment (that is due to us from you, if any), as well as loss and/or damage that we may suffer. Similarly we reserve our rights to claim and seek any reliefs which we are entitled to against you under these terms and conditions and/or under the law.
B. What You Agree To Do
- You agree that JomPaw Malaysia Sdn Bhd will collect all payment pet service offered on JomPaw on your behalf.
- You agree that JomPaw Malaysia Sdn Bhd will charge 20% as a service fee for each successful transaction.
- Any 3rd party bills (e.g. veterinary, grooming, purchases of pet supplies) incurred should be claimable by you and paid before releasing the pet.
- You agree to ensure all information necessary for the satisfactory performance of your services, including any dietary, nutritional or exercise requirements of the pet and any other instructions for the wellbeing of the animal is documented during the Meet and Greet session.
- You agree to home pet parent’s pet for the entire length of the agreed check in and check out dates.
- You agree to keep the pets until the pet parent checks out, unless pet parent authorisation to transfer care is given.
- In the event that a pet cannot be homed by you for the entire duration of deployment, due to special circumstances, you agree to release pet care only to someone prior approved by pet parent.
- You agree to work with us to find a suitable replacement caretaker. Any new replacement caretaker should be approved by pet parent before pet care is transferred.
- Once a transfer of replacement is done, you agree that the remaining fee will be given to the replacement caretaker.
- If a pet parent do not collect their pet(s) on the agreed check out date, the abandoned pet(s) at the Caretaker’s location will be re-homed to another pet lover within 5 days.
- You agree to work together with us for re-homing activities.
- You agree to take pet to the agreed veterinarian between you and the pet parent in case of injury or accident, without delay.
- You agree to perform daily video or picture updates for all pet parents until the service is fully deployed.
- You will ensure no ticks are found on pets during the rendered service period.
- You agree to use all reasonable precautions to protect pet against injury, escape or destruction of the pet but will not held responsible or liable if proper care is provided to pet.
- You agree to maintain pet’s current health through proper feeding, exercise, training, and stimulation (unless pet is already sick prior to service being rendered).
- You will not transfer care or pet to any other person or boarding facility without prior written authorisation from us or pet parent.
- You will not whatsoever relinquish pet to an animal shelter, rescue or foster program in any circumstances (unless pet parents do not pick their pets up after the check out date or we can’t find a pet lover within 5 days).
- In case of emergency, you agree to immediately contact the pet parent. If pet parent cannot be contacted, you agree to contact the listed emergency contact point.
- You agree to relinquish pet back to the pet parent when the service is fully rendered. You will make no attempt to ever claim the pet as your own.
- You will keep all receipts related to pet’s care for the duration of the service. All expenses to be reimbursed by pet parent will be recorded and provided to pet parent on request. No additional reimbursement will be made by you unless receipts are provided.
- You agree to never abandon pet in any circumstances, which is the act of intentionally and permanently giving up, surrendering, deserting or relinquishing property.
- You agree to undergo the compulsory onboarding process provided by us.
- You agree to comply with specific guidelines given during the onboarding process.
- You shall abide by and comply with all policy, instructions, directions, guidelines and standard operating procedures that we may determine and impose from time to time.
- You shall notify us immediately of any request by the Client for any special and/or additional service and shall not perform the same without our prior consent and approval.
- You are not allowed to leave the service location for whatsoever reason during the service session (for Pet Boarding, Pet Sitting, Dog Walking and Pet Taxi), except for extreme emergency situations which may cause substantial injuries or loss of life or the real likelihood thereof in the event that you remain at the said location.
- You shall focus and devote your attention in providing the service throughout the service period engaged.
- You shall not cancel any appointment, without any valid reason acceptable to us. In the event of such unilateral cancellation on your part, without prejudice to our rights and remedies against you, we shall be entitled to forfeit fifty percent (50%) from your Payment (defined below). For avoidance of doubt, your failure to turn up for any appointment shall be deemed as a unilateral cancellation on your part.
- You must ensure that you are present at the Client’s service location no later than ten (10) minutes prior to the appointment. If later than 10 minutes, we reserve the right to deem that the appointment and/or service is not rendered by you.
C. The Pet
- You agree to ensure that the pet should be up to date with all vaccinations, worm and flea treatments.
- You agree to ensure all pets being boarded must be vaccinated and an original certificate or vaccination book must be presented as proof. We may require a copy of this.
- We shall remit the payment 5 to 7 working days after you have satisfactorily completed based on current published service fee as indicated at the website (“Payment”). We reserve the right to vary the rate and/or structure of the Payment at our discretion, from time to time.
E. Limitation of Liability
- We agree to provide you all related documents to ensure a smooth onboarding process.
- We shall not be liable for any complications, injuries, adverse reactions, loss and damage which you may suffer arising from the service. You are solely responsible to assess and ensure your own safety as well as the pet’s safety while providing the service.
- We shall not be liable for any of the Pet’s act or Client’s omission, negligence or default. You shall not enter into any form of agreement or arrangement with the Client either directly or indirectly or whether in writing or otherwise, without our express written consent. In any event, we shall not be responsible or liable for any such external agreement or arrangement between you and the Client without our consent.
- We will not be responsible for the safety and security of your valuables and personal belongings when providing the service.
F. Further Representations, Warranties and Undertakings
- That you are at least eighteen (18) years old.
- That you have not been charged or convicted with any criminal offence (except for minor traffic offences).
- You shall provide us with all information and documents as we may request from you for the purpose of the service.
- You shall strictly keep confidential all information and documents disclosed to you arising from or in connection with the service (either from us and/or the Client) and you shall not disclose the same to any third party(ies) directly or indirectly unless such disclosure is required by (i) law or (ii) any competent and relevant Malaysian authority and you are legally obliged to do so, or (iii) unless such disclosure is consented to by us in writing. In the event of disclosure under item (i) and (ii), you shall give us prior notice of not less than three (3) working days before such disclosure. The confidentiality restriction herein shall continue to apply to you without limitation in point of time, notwithstanding the termination of this agreement for any reason whatsoever.
- Throughout the subsistence of this agreement with us, you shall not directly or indirectly engage in any business that is similar or in competition with us or conduct yourself in such a manner as to compromise our interests. You are prohibited from soliciting or engaging in any business (including but not limited to any direct sale, promotion or marketing) or any form of commercial transaction with the Client.
- You shall be responsible for your own taxes, the reporting or declaration of income etc.
- Any enquiries, financial transactions or any changes or additions to the service, must be communicated directly with us.
- For each session of the service, you are to provide us with a report for such session. The contents and details of the report shall be based on the format and requirements that we may specify at our discretion from time to time.
- You shall at all times indemnify and keep us indemnified against all action, liabilities, proceedings, claims, demands, costs and expenses (including legal costs on solicitor-client basis) in respect of or arising out of the service whether expressed pursuant to these terms and conditions or implied by any law for the time being in force or any other relation that may arise hereto.
- No right of ours under the terms and conditions herein shall be deemed waived unless made and confirmed in writing by us specifically waiving such right. Any waiver by us shall be without prejudice to our rights and remedies in respect of any other breach of the terms and conditions herein by you.
- No failure or delay on our part in exercising or omission to exercise any right, power, privilege or remedy accruing to us under the terms and conditions herein upon any default or breach on your part shall impair any such right, power, privilege or remedy or be construed as a waiver thereof or an acquiescence in such default or breach; nor shall any of our action in respect of any default or any acquiescence in such default, affect or impair any of our right, power, privilege or remedy in respect of any other antecedent or subsequent default or breach by you.
- The terms and conditions herein shall constitute the whole of the terms agreed between us and you in respect of the subject matter herein and supercedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
- If any provision under these terms and conditions is held invalid, unenforceable or illegal for any reason, the remaining of the provisions of the terms and conditions herein shall remain otherwise in full force apart from such provision which shall be deemed deleted.
- You hereby irrevocably consent and permit us to collect, access, process and utilise your personal data for the purpose of and/or in connection with the service herein. We are committed to the protection of your personal data and compliance of all applicable personal data protection laws and regulations in Malaysia.
- You hereby confirm and declare that you are physically, mentally and medically fit to provide the service.
- We reserve the right to amend or vary these terms and conditions from time to time at our absolute discretion.
- You shall not assign or transfer any rights, obligations or benefits under these terms and conditions to any other party save with our express written consent.
- We may issue any notice, or modify or amend or vary the terms and conditions herein (“variation”) by posting a copy of such notice or variation on our website. You shall be deemed to have acknowledged receipt, understood and agreed to any such notice or variation by your decision to continue in providing the service following the date in which the notice or the variation is posted as aforesaid.
- These terms and conditions shall be subjected to and construed in accordance with the laws of Malaysia and parties hereby submit to the exclusive jurisdiction of the courts in Malaysia.
The information provided by me as the Caretaker is complete and accurate and I agree to all the terms and conditions as set out above.