Terms of Service
By using our website, you agree to:
- House and Home Sitters Ltd (Company Number 09032097, registered in England and Wales) as the owner of this website (also referred to below as ‘House and Home Sitters’, ‘our website’, ‘the owner of the website’, ‘the website’, ‘us’ or ‘our’ or ‘we’) and provider of services through its database of house sitters;
- be known as the ‘homeowner client’ (namely the owner/occupier of the property and/or pets to be taken care of in your or his or her or their absence during any period agreed, and/or the person representing the homeowner/occupier in his or her personal capacity), or ‘house sitter’ (namely any person who has registered via our website or email to apply to be appointed as a house sitter, been interviewed in person or online and been formally appointed as such in the capacity of a subcontractor), as the case may be;
- explicitly, by your online registration and/or when you use our website, be bound by these Terms of Service/Terms and Conditions/Ts&Cs, as amended from time to time with or without prior notice;
- our bearing no responsibility for opinions or material either on our website or of external contributors and/or content of any external websites included on or linked to our website;
- warrant all information or data of any kind, whether email, text, software, code, music, sound, images, video or otherwise (‘content’), introduced by you or on your behalf, belongs to you/the person providing the content, will not/not be objectionable or offensive, infringe any copyright, moral or other rights, unlawful, threatening, harmful, abusive, harassing, constitute stalking, tortious, defamatory, libellous, vulgar, obscene or pornographic, infect this website or any service provided via virus infection or otherwise, give rise to civil or criminal liability, or violate any law;
- notify our website via our Contact Us page, if you believe your content has been used in a manner considered copyright infringement or breach of your intellectual property rights;
- the reservation of all our website rights, including but not limited to all copyright, trademarks, patents, trade secrets, and any other proprietary right attached to our website, its content, and any goods or services which may be provided commercially or otherwise;
- the use of our website rights and intellectual property requiring our prior consent in writing, failing which such use will be unlawful, and to the provision of our services via our website not granting you any implied or express licence or right save as above;
- neither impersonate nor misrepresent your authority or association with any third party, nor collect any data of other users, nor introduce/use this website to introduce any external content or service in a commercial manner (other than promoting the business of House and Home Sitters or with our prior written consent), nor involve our website with any form of spam, junk mail, chain letters, pyramid schemes, unauthorised advertising, or commerce;
- our hereby reserving the right in our sole discretion to refuse or remove any publication or review posted by you on any forum or edit, remove or block access to any content you provide or publish elsewhere, terminate your website user access, remove data provided by you or your agent, either temporarily or permanently, amend or discontinue or not provide our house and pet sitting services (‘services’), without notice to you or any liability howsoever arising attaching to our website; any instruction by us to a third party publisher/forum to amend or remove any publication or social media post by you or a third party on your behalf irrespective of the veracity thereof or otherwise, as final and binding on you; grant House and Home Sitters Ltd a worldwide, royalty-free, perpetual and non-exclusive licence (including any moral, intellectual property or other such rights) to use, display, reproduce, modify, adapt, publish or revoke from publication, distribute, perform, promote, archive, translate, or create derivative works and compilations, in whole or in part, from any content created, provided or published by you or your agent, hereby warranting your authority to do so. Such licence shall include any form of media publication or technology or methodology already known or developed in the future;
- services or goods of third parties advertised or offered or provided on or via our website being governed by the policies and representations made by such third parties, with no liability howsoever arising attaching to our website;
- the house sitting and pet services via our website being provided ‘as is’, with no representations or warranties express or implied being binding upon us;
- hereby indemnify House and Home Sitters Ltd against any damages howsoever arising from either your failure to abide by these Ts&Cs or otherwise;
- indemnify and hold harmless our website and its representatives, subsidiaries, affiliates or related parties, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, against any claim or demand howsoever arising, including but not limited to legal fees, a claim filed by any third party, as a house sitter or homeowner client or in connection with our website or the provision of our house and/or pet sitting services (or not, as the case may be), your provision of content or other material published, and any breach of these Ts&Cs or of the rights of a third party;
- your use of our website or services being at your sole risk, provided ‘as is’, and accept that House and Home Sitters Ltd expressly disclaims all warranties either express or implied (other than those contained in these Terms of Service), including those of fitness of purpose, that any part of our service will be uninterrupted, timely, secure, accurate, reliable, or of any quality standard, error-free, virus-free (if applicable) or that any content on our website is safe for download, or that any advice or recommendations are accurate or correct; if any implied or disclaimed warranties may not be excluded under local jurisdiction law, the remaining Ts&Cs will, save for such exclusions, nonetheless remain valid and enforceable;
- any civil claim being filed forthwith, and in any event within 12 months of such claim arising, failing which the said claim shall lapse in its entirety and be no longer legally enforceable;
- such claim being limited to the extent of a) whatever insurance cover may be held by us less any excess or first amount payable, and further subject to the claimant(s) fulfilling all policy requirements in relation to the lodgement/processing of the claim against the insurer, or b) the daily basic rate as published on our Rates page on this website, multiplied by the number of days of the actual house sitting assignment paid for by the claimant(s), whichever is the greater;
- any indulgence or failure to assert any right of the website owner not constituting a waiver of such right;
- your acceptance as a homeowner client (of House and Home Sitters) of our quotation / rates set forth on our website for the period(s) stated by you constituting a valid and binding agreement; pay appropriate travel expenses and our basic daily rate in the event of your requiring a pre-assignment interview with the sitter (which shall be subject to the sitter’s agreement); the dates of the house sit indicated by you being inclusive unless you require our sitter(s) to commence the assignment before 10:00 on the first day, in which event this shall (depending on circumstances in our sole discretion) commence on the day before [and include your providing overnight accommodation to our sitter(s)], and/or you return home after 15:00 on the final date indicated by you, in which event it shall be deemed to end on the following day [again with your providing accommodation to our sitter(s)], and to your being invoiced accordingly; our invoice being payable on presentation, in full and in advance of the house and/or pet sitting assignment in question, with no refund in the event of cancellation; the full amount (as minimum agreed pre-liquidated damages) becoming immediately due and payable in the event of default in payment (partial or otherwise) or any other breach or repudiation of liability on your part as a homeowner client of House and Home Sitters; any credit card or non-debit card payment bearing a surcharge of 2.75%; any arrear amount bearing interest at the compound rate of 1% per month, from due date until date of payment;
- your appointment as a house sitter for House and Home Sitters as a subcontractor (and not an employee), with the following guidelines applicable to you as house sitter(s): not be absent from the home of the homeowner client for more than four hours before and/or more than two hours after sunset; take all reasonable care and follow all instructions of the homeowner client, in particular providing the utmost care and attention to their property, pets and furnishings, respecting their privacy and confidentiality which includes not publishing any words or images on social media or otherwise publicising any information or voicing any opinions concerning the homeowner client or their pets without prior signed written permission from the homeowner client and/or House and Home Sitters Ltd; not under any circumstances admit liability to any party (including the homeowner) in the event of any damage, injury or demise experienced during your house and/or pet sitting assignment, since doing so might vitiate (or invalidate) the insurance cover held by House and Home Sitters – otherwise this may result in your being personally responsible for any damages incurred; provide honest information as tendered or requested and comply with all these Ts&Cs, any breach in this regard being a valid ground in our sole discretion and, as the case may be, for immediate termination of your house sitter status with or without a claim for damages, including as minimum agreed pre-liquidated damages any amount payable to you by us; this para 21 being solely for the benefit of the website and no other party; this clause as binding on any person accompanying the registered house sitter, who warrants his/her authority to bind (as the authorised agent of) such other person(s) accompanying him/her to these Terms of Service;
- your, in whatever capacity, having no claim for any indirect, special, incidental, actual, consequential, punitive or exemplary damages including but not limited to damages for injury or death (personal or other), such as loss of travel costs, services including professional services, goods or otherwise, profits, goodwill, use/loss of use of data or other intangible losses (even if our website, employee, house sitter sub-contractor, agent, or homeowner client, has/has been warned against potential damages), arising from the use of our services or the inability to use services, the cost of obtaining substitute services or goods for any transaction entered through our website, unauthorised access to or alteration of computer or personal data, statements by any third party or conduct of any third party using our website or services, or any other claim relating to our services howsoever arising. In certain jurisdictions, it is not permitted by law to limit certain liabilities and only such excluded limitations shall then not apply. Nothing herein shall exclude a claim based on fraud or fraudulent misrepresentation or proved negligence; your express agreement to mitigate any loss or damages;
- these Terms of Service constituting the whole agreement between you and our website, with no reliance to be made on any other express or implied representations, whether elsewhere on this website or otherwise;
- the laws of the England being applicable in the event of any dispute, and the court having jurisdiction over our website (owner) being the court in which any disputes shall be heard, that is if the parties concerned are unable to agree to arbitration and if they do so agree, to the decision of the arbitrator being final and binding on the parties; and
- the assignment of any rights by the website owner.
- Collection of data
Registration on this site requires only what is requested in the registration form. You are not required to provide any other information if you do not wish to do so. As on most websites, the site editor may automatically receive general information that is contained in server log files, such as your IP address, and cookie information.
- Use of data
The site editor might not allow persons aged eighteen or younger to become members of this site. For more information, please contact the site administrator.
- Editing or deleting your account information
To the extent applicable, you are provided with the ability to edit the information stored for your user account information during registration. You can request that your user account be deleted; to do so, please contact the site administrator. Content or other data that you may have provided, and that is not stored within your user account, such as articles published, may continue to remain on the site at the site editor’s discretion, even after your user account is deleted. Please see the site’s Ts&Cs for more information.
Changes may be made to this policy from time to time. You will be notified of substantial changes to this policy either by through the posting of a prominent announcement on the site, and/or by a mail message sent to the e-mail address you have provided, which is stored within your user settings.
- No Guarantees
- Contact information
If you have any questions about this policy or about this website, please feel free to contact the site administrator via our Contact Us website page, for attention of the administrator.