Terms of Use
Effective date: October 20, 2023
Wooph Mobile App
Please read this Terms of Service carefully. This mobile app, its affiliates or agents, and the information on it are controlled by Wooph. These terms govern the use of the App and apply to all mobile app users visiting the app by access or using the app in any way, including using the services and resources available or enabled via the App. By clicking on the “I Accept” button, completing the registration process, and/or downloading Wooph’s mobile application (the “App”), you represent that (1) you have read, understand, and agree to be bound by the terms of use, (2) you are of legal age to form a binding contract with company, and (3) you have the authority to enter into the terms of use personally or on behalf of company you have named as the user, and to bind that company to the terms of use. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS APP OR THE SERVICES.
1. Acceptance of Terms
Welcome to Wooph, owned and operated by Wooph Pet Services, Inc. In these Terms of Use, “you” and “your '' refer to the individual that uses the Service, "We ","us ", or “our '' also refer to Wooph. In these Terms of Use, “Pet Owners” refers to individuals who use the Wooph Pet Services application to search for and book pet care services, while “Pet Butlers” or “Service Providers” refers to individuals who offer their pet care services through the Wooph Pet Services application.
These Terms of Service (“Terms'') govern your use of the Wooph mobile application, a company incorporated under the Philippine laws with a registered office at Unit 5A, 5F Hollywood Square Building, 33 West Ave., Brgy. Nayong Kanluran, Quezon City, Philippines.. The terms govern your use of our software applications, programming interfaces, content, products and other services offered by Wooph as well as Wooph services offered through third parties integrating Wooph functionality (collectively, the “Services''). The Terms govern all use of the Wooph Service, through our mobile applications or phone support offerings, or any other access point we make available to you.
By agreeing to these terms during the account sign-up process or accessing or using the Wooph service without an account, You accept the terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE Wooph SERVICE.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Wooph Service, unless otherwise required by applicable law. We will promptly update the 'Last Updated' date at the top of the Terms. Any alterations to the Terms will take immediate effect for new users of the Site, App, and/or Services, and will become applicable to existing users thirty (30) days after we post notice of these changes on the Site. If you do not agree to any changes(s) after receiving a notice of such change(s), you shall stop using the App and/or the Services. Otherwise, your continued use of the Wooph Service after we post the modified Terms constitute your consent to be bound by the modified Terms. PLEASE REGULARLY CHECK THE MOBILE APP TO VIEW THE THEN-CURRENT TERMS.
2. Wooph Service
The Services include a marketplace technology platform that enables third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Butlers”) to connect with each other. You understand that Wooph has no control over the conduct of Pet Butlers or any other users of the Services, any information exchanged between users, or any sharing decisions by or among users, and disclaims all liability in this regard. YOU ACKNOWLEDGE AND AGREE THAT Wooph IS A TECHNOLOGY SERVICE PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
2.a Wooph does not provide Pet Care Services. Wooph is a neutral venue for Service Providers and Pet Owners. Wooph is not a Service Provider and does not provide pet care services. We make no representations or warranties about the quality of boarding, dog walking, grooming, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Service Providers listed on Wooph are not under the direction or control of Wooph, and Service Providers determine at their own discretion how to provide Pet Care Services. Though we provide general guidance on our mobile application about safety and pet care and to Pet Owners about selecting and engaging Service Providers, Wooph does not employ, recommend or endorse Service Providers or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verifications on Service Providers conducted by a third party, but, except where explicitly specified in the Wooph Service (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via the Wooph Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Wooph Service is responsible for keeping his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
2.b Wooph has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.c Transactions are between Pet Owners and Service Providers. The Wooph Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Wooph Service are between Pet Owners and Service Providers. Except for the limited refunds, you agree that Wooph has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Wooph Service.
2.d Pet Owners and Service Providers transact with each other on the Wooph Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Wooph Service (a “Booking”). A Booking may be initiated by either a Service Provider or a Pet Owner by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.
2.e Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Wooph performs a limited review of Service Provider profiles and facilitates Service Provider Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and Wooph does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Wooph does not endorse reviews of Service Providers by other Pet Owners that may be available via the Wooph Service, and Wooph makes no commitments that such reviews are accurate or legitimate.
2.f Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that Wooph (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse Wooph and/or the Service Provider for all costs and expenses associated with such actions. Wooph expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Wooph deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Wooph will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Wooph not be able to contact the Pet Owner or the emergency contact, Wooph will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Wooph in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Wooph in connection with such transfer.
2.g Emergencies. We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Wooph via email address listed in the table at the end of these Terms. If you are a Pet Owner, you hereby authorize your Service Provider and Wooph to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such a case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Wooph. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Wooph for any injury, damage or liability arising from failure to seek such care. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Wooph to charge your credit card or other payment method for such costs.
2.h Google Maps. Use of the Wooph Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using the Wooph Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from the Wooph Service.
3. Certification of Compliance with Applicable Law
By accessing and using the Wooph Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Wooph Service.
For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).
For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to provide Pet Care Services legally; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.
You acknowledge that Wooph is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4. User Content
We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Wooph Service or otherwise in connection with using the Wooph Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”).
When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve our Services.
Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is irrevocable, sublicensable, fully-paid, and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services
4.a Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content; (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Wooph Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
4.b Reviews. The Wooph Service may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Wooph has no obligation to preserve or indefinitely store any reviews. We have no obligation to provide you with the content of any reviews about you submitted by other users of the Wooph Service, whether before or after deactivation of your account for the Wooph Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Wooph Service at any time.
5.Wooph Service Fees
Service Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.c. If you are a Service Provider, you must confirm the Booking before it expires or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. Wooph’s role is to facilitate the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking and initiate payment to the Service Provider’s account 24 hours after completion of the service period indicated in the Booking. Except where otherwise specified via the Wooph Service, they are calculated as a percentage of the fees a Pet Owner agrees to pay a Service Provider in a Booking and are collected from each Booking. Where required by law, the amount charged will be inclusive of applicable taxes.
All pricing for services offered by Service Providers is solely decided by the Service Providers.Wooph does not partake in the decision of pricing quoted to Service Users. Service Providers are required to discuss with the Service User and agree upon a final price prior to the start of the Service with reference to the details provided in the Service Request which includes but is not limited to start and end date of service, pet information, and service requirements.
5.a Service Providers Service Fees. We want to provide clarity regarding our service fees at Wooph. If you're a Service Provider using our platform, it's important to know that certain elements of the Wooph Service may come with service fees. Unless specified otherwise within the Wooph Service, our service fee is calculated as a percentage of the fees that a Pet Owner agrees to pay you for a specific booking. This fee is collected from each booking transaction.
5.b Pet Owners Service Fees. At Wooph, we want to provide complete transparency regarding our service fees. As a pet owner utilizing our platform, it's important to understand that certain aspects of the Wooph Service may incur service fees. Specifically, for our valued Service Owners, unless expressly stated otherwise through the Wooph Service, our service fee is determined as a percentage of the total cost associated with booking a pet service within the Wooph app.
This service fee allows us to maintain and enhance the platform, ensuring a seamless and secure experience for both pet owners and service providers. We are committed to delivering exceptional services and continuously improving our offerings, and these service fees play a vital role in achieving that goal. We believe in clear and open communication, and this policy ensures that you have a full understanding of how these fees are calculated and how they contribute to the overall Wooph experience.
5.c Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Wooph for, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.
5.d Cancellations & Refunds. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care Services not provided, as well as any service charge paid to Wooph. If you are a Service Provider, you can appoint a substitute Service Provider (as agreed by the Pet Owner and so long as the substitute has an active account on the Wooph Service and has agreed in writing to accept a Booking) by contacting Wooph to modify the Booking. If you do not find a substitute and repeatedly cancel accepted bookings without justification, Wooph may deactivate your account.
If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy of Wooph Service. All Service Providers and Pet Owners need to be aware of the cancellation policy prior to Booking.
General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Wooph Service to do so. For purposes of the policies and terms in this Section, the date of cancellation is the date that a user cancels through the Wooph Service, regardless of any separate communications between users outside of the Wooph Service.
Payment Disputes; Payment Outside of the Wooph Service. Wooph initiates payments to Service Providers 24 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and Wooph has no obligation to mediate or facilitate any resolution. Further, Wooph has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Wooph Service.
If you are a Service Provider, Wooph reserves the right to issue a hold on amounts otherwise payable to you if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of Wooph, the Wooph community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.
5.e Authorization to Charge. When you engage in a transaction or make a purchase on our platform, you are granting us the authority to charge your selected payment method through a third-party payment gateway, as specified during the transaction. As part of this authorization, you are responsible for providing accurate and complete payment information, including credit card details or other designated payment methods. Additionally, you confirm that you are an authorized user of the payment method used for the transaction. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Wooph nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Wooph Service are non-refundable once paid.
5.f Payment Processing. We strive to work with reputable third-party payment gateway providers who prioritize secure handling of your payment information. However, it's crucial to recognize that we are not accountable for the actions and security measures of these payment gateway providers. You will receive confirmation of your payment from the payment gateway as soon as the transaction is completed. In the event of a dispute or issue related to a charge, you agree to contact us directly and in a timely manner for resolution. Payment processing services are subject to our selected Payment Gateway Services Agreement. You further agree to provide accurate and complete information about you and your business, and authorize Wooph to share it and transaction information with our selected Payment Gateway for the purposes of facilitating the payment processing services. Wooph reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion.
6. Ownership
Other than User Content, we own or license all right, title, and interest in and to (a) the Services, including all software, text, media, and other content available on the Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Services, Our Content, and Marks are all protected under Philippines and international laws. The look and feel of the Services are copyright Wooph Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Wooph Inc.
6.a Copyright and Intellectual Property Policy. Wooph follows the procedures of Intellectual Property Code of the Philippines (Republic Act No. 8293). We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to Wooph.info@gmail.com.
A description of the copyrighted work you believe to have been infringed;
A description of the URL or other location on our Site of the material you believe to be infringing; Your name, mailing address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
7. Third Party Content
The Services may contain links to other websites and online resources, and the Services may be made available or accessed in connection with third-party services and content (including advertising) that Wooph does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party websites, services, and content. Wooph does not endorse such third-party websites, services, and content and in no event shall Wooph be responsible or liable for any damage or loss related to the use of websites, products, services, or content of such third-party providers.
Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by Wooph, are those of their respective authors, who are solely responsible for such content
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wooph DOES NOT: (A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES; OR (A) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Wooph.
7.a No Third-party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
8. Disclaimer and Limitations of Liability
8.a YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAG! AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, Wooph MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. Wooph WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
8.b Limitations of Liability. To the maximum extent permitted under applicable law, in no event will Wooph be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Wooph Service, including without limitation damages related to any information received from the Wooph Service, removal of your profile information or review (or other content) from the Wooph Service, any suspension or termination of your access to the Wooph Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Wooph Service, even if we are aware of the possibility of any such damages, losses or expenses.
8.c No Liability for non-Wooph Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Wooph BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE Wooph SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE Wooph SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE Wooph SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR PET OWNER, YOU AGREE TO RELEASE Wooph FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL Wooph BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Dispute Resolution
Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us to explain your complaint and give us an opportunity to work with you to resolve it. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.Your written complaint must include your name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed. If the issue is not resolved within 30 days after receipt of the written complaint, either party may initiate arbitration. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all Parties.
10. Force Majeure
Wooph shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters.
11. Miscellaneous
These Terms are non-exclusive and do not prohibit Service Providers from offering pet care services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Wooph ends.