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Terms of Service

Last updated: December 20th 2017

Thank you for using petsnflats!

Terms of Service of petsnflats by twelve Apps Software GmbH.

1. General

The following Terms of Service and therein linked and referenced documents make up our Terms of Service (the „terms“ for short). The terms make up a legally binding contract between you the user and petsnflats, which is represented by the twelve Apps Software GmbH. The terms refer to this company that you’re contracting with when it mentions „petsnflats“, „we“, „us“ or „our“. The terms apply to all actions on petsnflats even if they are not explicitly referred to again.

2. Purpose of petsnflats

petsnflats is an internet portal where pet owners ("hosts") can list their apartment to find people ("sitters") who take care of ("sit") their home and pets. Interested users who are looking for an opportunity to sit a home and a pet can search for such opportunities on the internet portal.

3. Preliminaries

With petsnflats we provide a platform so that sitters and hosts can get into contact. As a rule, and unless expressly agreed otherwise, the users contract directly with each other. We do not become party of contracts between users.

We are not responsible for the fulfillment of the contracts between users and are not liable for offers of third parties.

We are not the owner, seller or reseller of any listing or other services. We are not responsible for the listings on petsnflats.

4. Fees and payment

We charge service fees for the use of petsnflats. The applicable fee will be displayed to the user before payment. We reserve the right to change the fee at any time and will provide registered users with adequate notice via Email before the changes become effective.

You are responsible to pay any fees you owe to petsnflats immediately. Payment can be made by Paypal or bank transfer. Other possible means of payment are displayed to the user on the website.

5. Usage and registration

You must be at least 18 years old and able to enter into legally binding contracts to access and register an account on petsnflats. By accessing or registering you warrant that you are at least 18 years old and have the right to enter contracts.

There is no general right to use petsnflats. The provision of service in general or for a specific user is at our sole discretion.

To access some areas and information you have to create a user account. Other areas might be accessible without an account. You need an account to communicate or create a listing.

Participants are required to register under their full and correct name and with truthful information. petsnflats is entitled, but not obliged, to verify the information. Incorrect or incomplete information may lead to exclusion from petsnflats.

The user ensures that his account can only be used by himself and keeps his password secret from third parties.

Each user is entitled to terminate his user account at any time without further notice. In this case, petsnflats deletes all existing listings of the user. Future contracts with other users must still be fulfilled after cancellation.

6. Terms for hosts

You have to create your listing with the form. Then preview and publish it.

7. Terms for sitters

You have to create your profile with the form. Then preview and publish it.

You can view the listings and contact the hosts.

8. User generated content

The form and content of your listings, profiles and messages must not be illegal, obscene, offensive or intentional or harmful to anyone.

You are not allowed to spread spam and viruses. Listings, profiles and news must not contain links to external websites.

Manual and automatic data collection by users on the website of petsnflats is prohibited.

Users may not use data mining or extraction programs (data mining, robots) to collect data on the Website or to generate content.

Users should not obscure their identity. The user has to use his own and correct email address.

By using petsnflats, you assure that you have all necessary rights to the content and do not violate the rights of third parties with the publication.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any content on or through petsnflats, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote petsnflats in any media or platform. Unless you provide specific consent, we do not claim any ownership rights in any content and nothing in the terms will be deemed to restrict any rights that you may have to use or exploit your content.

All content on petsnflats (for example but not limited to text, graphics, logos, icons, images, audio and video clips) are the property of us or third parties, and as such protected by copyright. No reproduction, duplication, or distribution of the content is permitted without our written permission.

10. Our Rights and obligations

We publish all listings created by the users on petsnflats. After you created a listing it may take some time to appear on the website. We reserve the right not to display or delete advertisements on the website without giving reasons.

We are entitled to discontinue the operation of the website at any time without giving reasons. In particular, it is not guaranteed that the website can be reached and that the listings can be displayed without interruption at all times. We are entitled to temporarily restrict or suspend the offer in order to carry out necessary maintenance or update measures. You have no right to file a claim against us for defects on petsnflats.

11. Ratings and Reviews

Users can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual users and do not reflect the opinion of petsnflats. Ratings and Reviews are not verified by petsnflats for accuracy and may be incorrect or misleading.

Ratings and Reviews by users must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with the terms.

Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another user.

12. Damage to the apartments, integrity of the animals

You are responsible for leaving the apartment in the condition it was when you arrived. You are responsible for your own behavior.

Should something happen to the pets or they behave unexpectedly, the sitter must contact the host immediately.

The users (hosts and sitters) claim and settle any damage to the apartment and the pets independently among themselves. In the event of damage, we recommend you to immediateky notify your relevant private insurance company (eg liability insurance) in accordance with the terms of insurance.

We are not liable for the behavior of users. We are only liable for our own actions within the limits stated in the terms.

13. Cancellation and refund

A cancellation is not intended.

If a user can not comply with the agreements he made with other users, he must immediately contact all affected users.

In case of cancellation, we reserve the right to impose penalties on the user in the form of but not limited to: automated valuation entry or blocking the calendar for the period, and reimbursement of expenses, if necessary.

Service fees are only refunded to the user who has not canceled.

14. Termination

You have the right to terminate this agreement with petsnflats with immediate effect at any time. You may cancel by sending an email to customerservice@petsnflats.com. Please include your registered email address and a callback number.

Without limiting our right for immediate termination specified below, we may terminate this agreement at any time with 30 days notice via email to your registered email address.

We may cancel this agreement without notice if you have breached your obligations under the terms, you have violated applicable laws, regulations or third party rights or we believe in good faith that such action is necessary to protect damage from petsnflats or third parties.

This agreement ends automatically if petsnflats ceases operation.

15. Liability

Petsnflats is a platform which generally enables contact between the users. Petsnflats does not guarantee the quality and the value of the offers made by other users via petsnflats as well as user-related obligations. Petsnflats does not check the offers (in particular, there is no routine inspection of the locations) or the authorization of the providers to offer their accommodations. Furthermore, petsnflats does not assume any liability for the behavior of users.

Petsnflats does not gurantee that contact with other users will be made during this agreement or that offers or requests from other users will be made or are usable.

Petsnflats does not assume any liability for the accuracy, liability and quality of information provided on petsnflats (for example in the profiles and listings).

We do not guarantee, represent or warrant that your use of petsnflats will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove petsnflats for indefinite periods of time or cancel the service of petsnflats at any time, without notice to you.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of petsnflats or any services procured using petsnflats, or for any other claim related in any way to your use of petsnflats or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service provided by petsnflats or any content (or product) posted, transmitted, or otherwise made available via petsnflats, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16. Privacy Policy (Personal information)

Your submission of personal information through petsnflats is governed by our Privacy Policy. To view our Privacy Policy.

17. Errors, inaccuracies and omissions

Occasionally there may be information on petsnflats that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on petsnflats or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on petsnflats or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on petsnflats or on any related website, should be taken to indicate that all information on petsnflats or on any related website has been modified or updated.

18. Prohibited uses, measures and consequences

In addition to other prohibitions as set forth in the terms, you are prohibited from using petsnflats or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of petsnflats or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of petsnflats or any related website, other websites, or the Internet. We reserve the right to terminate your use of petsnflats or any related website for violating any of the prohibited uses.

We have the right to delete listings and postings and to cancel this agreement at any time without notice when you breach these Terms of Service (the terms) or the documents they incorporate by reference, or you violate any law or the rights of a third-party

In case of illegal behaviour we have the right to

In the event of suspected illegal activity, we may disclose information to contractors, third parties or investigating authorities.

19. Indemnification

You agree to indemnify, defend and hold harmless twelve Apps Software GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service (the terms) or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. Severablility

In the event that any provision of these Terms of Service (the terms) is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service (the terms), such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service (the terms) shall not constitute a waiver of such right or provision.

These Terms of Service (the terms) and any policies or operating rules posted by us on this site or in respect to petsnflats constitutes the entire agreement and understanding between you and us and govern your use of petsnflats, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service (the terms)).

Any ambiguities in the interpretation of these Terms of Service (the terms) shall not be construed against the drafting party.

22. Governing law

These Terms of Service (the terms) and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Berlin, Germany.

23. Changes to terms of service

You can review the most current version of the Terms of Service (the terms) at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service (the terms) by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service (the terms) constitutes acceptance of those changes.

AGB Version 2017-01-EN

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