Terms of Service
1. Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Kitty in the city ("Kitty in NY"), Inc. (“Kitty in the city ("Kitty in NY").com,” “we,” “us” and “our”). The Terms govern your use of our website, resources and services for cat owners and cat care caregivers to find each other and arrange for the provision of cat care services (collectively, our “Kitty in the city ("Kitty in NY").com Service”). The Terms apply to all use of the Kitty in the city ("Kitty in NY").com service, whether you access it from our website at https://www.KittyCity.com https://www.KittyinNY.com(the “Site”), or any other access point we make available to you. BY ACCESSING OR USING THE Kitty in the city ("Kitty in NY").COM SERVICE, YOU ACCEPT THESE 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 Kitty in the city ("Kitty in NY").COM SERVICES.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately when we post the modified Terms on the Kitty in the city ("Kitty in NY").com Service. Your use of the Kitty in the city ("Kitty in NY").com Service after we post the modified Terms will constitute your consent to be bound by the updated Terms.
2. Kitty in the city ("Kitty in NY").com Service.
2.1 Nature of the Service. The Kitty in the city ("Kitty in NY").com Service consists of a website, mobile website, support and services that cat owners (“cat Owners”) and providers of cat related services (“caregivers”) can use to find and interact with each other. The Kitty in the city ("Kitty in NY").com Service includes our support services, educational materials for caregivers, and other related services. We charge fees for some aspects of the Kitty in the city ("Kitty in NY").com Service, as described below in Section 7.
2.2 Kitty in the city ("Kitty in NY").com does not provide cat Care Services. Kitty in the city ("Kitty in NY").com is not a Caregiver and, except for email and phone support and other resources and support specifically described in the Kitty in the city ("Kitty in NY").com Service, does not provide cat care services. We make no representations or warranties about the quality of boarding, cat sitting visits, transportation, or other services provided by caregivers (“Cat Care Services”), or about your interactions and dealings with them. Kitty in the city ("Kitty in NY").com does not employ, recommend or endorse Caregivers or Cat Owners, and we will not be responsible or liable for the performance or conduct of Caregivers, cats or Cat Owners, whether online or offline. We conduct an initial review of caregiver applications and we meet/interview in person with them. Except where explicitly specified in the Kitty in the city ("Kitty in NY").com Service, do not otherwise screen Caregivers or Cat Owners. You should exercise caution and use your independent judgment before engaging a Caregiver, providing services, or otherwise interacting with users. Cat Owners and Caregivers are solely responsible for making decisions that are in the best interests of themselves and their cats. Each user of the Kitty in the city ("Kitty in NY").com Service is responsible for keeping current his or her own cat’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her cat.
2.3 Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any claims, suits, controversies, 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 Caregivers and Cat Owners, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF cat CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Bookings. Cat Owners and Caregivers transact with each other through the Kitty in the city ("Kitty in NY").com Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Cat Care Services (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking.
2.5 Transactions are between Cat Owners and Caregivers. Kitty in the city ("Kitty in NY") is merely a conduit. The Kitty in the city ("Kitty in NY").com Service may be used to find and offer Cat Care Services, but all agreements concluded via the Kitty in the city ("Kitty in NY").com Service are between Cat Owners and Caregivers. Except for the limited refunds of Kitty in the city ("Kitty in NY").com’s fees described in Section 7.3 you agree that Kitty in the city ("Kitty in NY").com has no liability for damages associated with Cat Care Services (which may include bodily injury to, or death of, a cat) or resulting from any other transactions between users of the Kitty in the city ("Kitty in NY").com Service.
2.6 Cat Owners are Solely Responsible for Evaluating Caregivers. Cat Owners are solely responsible for evaluating the suitability of Caregivers for the services they offer to provide. Though Kitty in the city ("Kitty in NY").com performs a limited review of applications to become caregivers, meets in person and interviews each candidate any such screening is limited, and Kitty in the city ("Kitty in NY").com does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Kitty in the city ("Kitty in NY").com does not endorse reviews of Caregivers by other Cat Owners that may be available via the Kitty in the city ("Kitty in NY").com Service, and Kitty in the city ("Kitty in NY").com makes no commitments that such reviews are accurate or legitimate.
2.7 Emergencies. We recommend that Cat Owners give their caregivers contact information where they can be reached in the event medical care for a cat becomes necessary. Caregivers agree to immediately contact Cat Owners in the event such care becomes necessary or, if contact information for the Cat Owner is not available, to contact Kitty in the city ("Kitty in NY").com by phone at 1-(718) 514-9586 or at [email protected]. If you are a Cat Owner, you hereby authorize your Caregiver and Kitty in the city ("Kitty in NY").com to obtain and authorize the provision of veterinary care for your cat if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your cat’s veterinarian(s) to release your cat’s veterinary records to Kitty in the city ("Kitty in NY").com. Cat Owners are solely responsible for the costs of any such medical treatment for cats.
3. Eligibility.
By accessing and using the Kitty in the city ("Kitty in NY").com Service, you certify that (1) you are 18 years of age or older, and (2) if enrolled to be a caregiver, you are legally eligible to work in the jurisdiction where you will provide Cat Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Cat Care Services. You acknowledge that Kitty in the city ("Kitty in NY").com is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
4. Use of the Kitty in the city ("Kitty in NY").com - Service Suspension
4.1 Your Conduct on the Kitty in the city ("Kitty in NY").com Service. When you use the Kitty in the city ("Kitty in NY").com Service, you agree:
5. Your Content
5.1 Your Content. We may upload text, photographs, images, videos, reviews, information and materials on the Kitty in the city ("Kitty in NY").com Service or otherwise in connection with using the Kitty in the city ("Kitty in NY").com Service. For example, caregivers are invited to create a profile page with photographs and other information and to transmit photos of the cats under their care to Cat Owners, while Cat Owners may submit reviews of caregivers.
5.2 License. The cat owner grants permission to use the cat’s pictures taken of the animal during the service in social media as long as no names or personal details are shown. These pictures cannot become part of Kitty in NY Inc brand name or logo and will not be displayed in press, video, audio or print form.
5.3 Reviews. If you are a caregiver, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Kitty in the city ("Kitty in NY").com Service, whether before or after termination of your enrollment for the Kitty in the city ("Kitty in NY").com 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 Kitty in the city ("Kitty in NY").com Service at any time.
6. Privacy
Our collection and use of your personal information on the Kitty in the city ("Kitty in NY").com Service is described in our Privacy Policy. By accessing or using the Kitty in the city ("Kitty in NY").com Service, you consent to the Privacy Policy.
7. Fees & Payment
7.1 Service Fees. We charge agency fees for some aspects of the Kitty in the city ("Kitty in NY").com Service. If you are a Caregiver, except where otherwise specified via the Kitty in the city ("Kitty in NY").com Service, our agency fee is calculated as a percentage of the fees a Cat Owner agrees to pay in a Booking. This percentage may vary depending on different factors. Please note this is a fee only for the booking service, nothing more.
7.2 Late Fees and Additional Charges. If you are a Cat Owner, you acknowledge and agree that, if you fail to retrieve your cat at the end of the service period agreed in a Booking, you will be charged an additional fee for each partial late day at the daily rate established in the Booking. In addition, you agree to indemnify Kitty in the city ("Kitty in NY").com from, and agree that we may charge you for any additional costs and expenses we or the caregiver incur as a result of your failure to retrieve your cat at the end of the service period agreed in a Booking.
7.3 Cancellations and Refunds.
8. Cat pictures
Cat owners grant permission to use the Cat’s pictures taken of the animal during the service in social media as long as no names or personal details are shown. These pictures cannot become part of the Kitty in the city ("Kitty in NY").com brand name or logo and will not be displayed in press, video, audio or print form.
9. Third Party Services, Links
The Kitty in the city ("Kitty in NY").com Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement or acceptance of such websites or resources, or the content, products, or services available from such websites or resources. Further, it is understood such websites are issued only for information, which we do not warrant.
10. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Kitty in the city ("Kitty in NY").COM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, EXPENSES, LOSSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, offline or onlin , with other users of the Kitty in the city ("Kitty in NY").com Service; (2) breach of these Terms; (3) disputes with other users of the Kitty in the city ("Kitty in NY").com Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your cat or cats in your care; (6) Your Content; or (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA) or other applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
11. Intellectual Property
11.1 Kitty in the city ("Kitty in NY") Trademarks. Kitty in the city ("Kitty in NY").com owns all rights in and to its trademarks, service marks, brand names and logos (the “Kitty in the city ("Kitty in NY") Marks”). If you are a caregiver, Kitty in the city ("Kitty in NY") grants you, for so long as you are in good standing on the Kitty in the city ("Kitty in NY").com Service, a limited, revocable, non-exclusive, non-transferable license to use the Kitty in the city ("Kitty in NY") Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, post cards, flyers, etc.), made available for purchase via the Kitty in the city ("Kitty in NY") and/or (2) in any other manner specifically authorized in writing via the Kitty in the city ("Kitty in NY").com Service. As a condition of exercising such license, you agree that such license immediately terminates upon your ceasing to be a Caregiver in good standing, whether at your own option or because Kitty in the city ("Kitty in NY") terminates your rights to use the Kitty in the city ("Kitty in NY").com Service.
12 Limitation of Liability
12.1 Exclusion of Certain Types of Damages. In no event will Kitty in the city ("Kitty in NY").com be liable to you for any indirect, incidental, special, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Kitty in the city ("Kitty in NY").com Service, including without limitation damages related to any information received from the Kitty in the city ("Kitty in NY").com Service, removal of your profile information or review (or other content) from the Kitty in the city ("Kitty in NY").com Service, any suspension or termination of your access to the Kitty in the city ("Kitty in NY").com Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Kitty in the city ("Kitty in NY").com Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.2 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENT DESCRIBED IN THIS TERMS AND THE REFUND AMOUNTS PAYABLE BY Kitty in the city ("Kitty in NY").COM THAT ARE SET FORTH IN SECTION 7, IN NO EVENT WILL Kitty in the city ("Kitty in NY").COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE Kitty in the city ("Kitty in NY").COM SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO Kitty in the city ("Kitty in NY").COM (SPECIFICALLY EXCLUDING AMOUNTS PAID TO Caregivers) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID Kitty in the city ("Kitty in NY").COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $50.00.
12.3 No Liability for non-Kitty in the city ("Kitty in NY").com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kitty in the city ("Kitty in NY").COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE Kitty in the city ("Kitty in NY").COM SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE Kitty in the city ("Kitty in NY").COM SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE Kitty in the city ("Kitty in NY").COM 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.
14. Governing Law and Jurisdiction
These Terms, and any dispute between you and Kitty in the city ("Kitty in NY").com, will be governed by the laws of the State of New York, without regard to principles of conflicts of law. You agree that any claim or dispute that arises between you and Kitty in the city ("Kitty in NY").com must be resolved exclusively by a state or federal court located in the State of New York. You and Kitty in the city ("Kitty in NY").com agree to submit to the personal jurisdiction of the courts located within Brooklyn, New York for the purpose of litigating all such claims or disputes.
If you have any questions about anything in these Terms, please contact us via email: [email protected]
1. Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Kitty in the city ("Kitty in NY"), Inc. (“Kitty in the city ("Kitty in NY").com,” “we,” “us” and “our”). The Terms govern your use of our website, resources and services for cat owners and cat care caregivers to find each other and arrange for the provision of cat care services (collectively, our “Kitty in the city ("Kitty in NY").com Service”). The Terms apply to all use of the Kitty in the city ("Kitty in NY").com service, whether you access it from our website at https://www.KittyCity.com https://www.KittyinNY.com(the “Site”), or any other access point we make available to you. BY ACCESSING OR USING THE Kitty in the city ("Kitty in NY").COM SERVICE, YOU ACCEPT THESE 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 Kitty in the city ("Kitty in NY").COM SERVICES.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately when we post the modified Terms on the Kitty in the city ("Kitty in NY").com Service. Your use of the Kitty in the city ("Kitty in NY").com Service after we post the modified Terms will constitute your consent to be bound by the updated Terms.
2. Kitty in the city ("Kitty in NY").com Service.
2.1 Nature of the Service. The Kitty in the city ("Kitty in NY").com Service consists of a website, mobile website, support and services that cat owners (“cat Owners”) and providers of cat related services (“caregivers”) can use to find and interact with each other. The Kitty in the city ("Kitty in NY").com Service includes our support services, educational materials for caregivers, and other related services. We charge fees for some aspects of the Kitty in the city ("Kitty in NY").com Service, as described below in Section 7.
2.2 Kitty in the city ("Kitty in NY").com does not provide cat Care Services. Kitty in the city ("Kitty in NY").com is not a Caregiver and, except for email and phone support and other resources and support specifically described in the Kitty in the city ("Kitty in NY").com Service, does not provide cat care services. We make no representations or warranties about the quality of boarding, cat sitting visits, transportation, or other services provided by caregivers (“Cat Care Services”), or about your interactions and dealings with them. Kitty in the city ("Kitty in NY").com does not employ, recommend or endorse Caregivers or Cat Owners, and we will not be responsible or liable for the performance or conduct of Caregivers, cats or Cat Owners, whether online or offline. We conduct an initial review of caregiver applications and we meet/interview in person with them. Except where explicitly specified in the Kitty in the city ("Kitty in NY").com Service, do not otherwise screen Caregivers or Cat Owners. You should exercise caution and use your independent judgment before engaging a Caregiver, providing services, or otherwise interacting with users. Cat Owners and Caregivers are solely responsible for making decisions that are in the best interests of themselves and their cats. Each user of the Kitty in the city ("Kitty in NY").com Service is responsible for keeping current his or her own cat’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her cat.
2.3 Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any claims, suits, controversies, 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 Caregivers and Cat Owners, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF cat CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Bookings. Cat Owners and Caregivers transact with each other through the Kitty in the city ("Kitty in NY").com Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Cat Care Services (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking.
2.5 Transactions are between Cat Owners and Caregivers. Kitty in the city ("Kitty in NY") is merely a conduit. The Kitty in the city ("Kitty in NY").com Service may be used to find and offer Cat Care Services, but all agreements concluded via the Kitty in the city ("Kitty in NY").com Service are between Cat Owners and Caregivers. Except for the limited refunds of Kitty in the city ("Kitty in NY").com’s fees described in Section 7.3 you agree that Kitty in the city ("Kitty in NY").com has no liability for damages associated with Cat Care Services (which may include bodily injury to, or death of, a cat) or resulting from any other transactions between users of the Kitty in the city ("Kitty in NY").com Service.
2.6 Cat Owners are Solely Responsible for Evaluating Caregivers. Cat Owners are solely responsible for evaluating the suitability of Caregivers for the services they offer to provide. Though Kitty in the city ("Kitty in NY").com performs a limited review of applications to become caregivers, meets in person and interviews each candidate any such screening is limited, and Kitty in the city ("Kitty in NY").com does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Kitty in the city ("Kitty in NY").com does not endorse reviews of Caregivers by other Cat Owners that may be available via the Kitty in the city ("Kitty in NY").com Service, and Kitty in the city ("Kitty in NY").com makes no commitments that such reviews are accurate or legitimate.
2.7 Emergencies. We recommend that Cat Owners give their caregivers contact information where they can be reached in the event medical care for a cat becomes necessary. Caregivers agree to immediately contact Cat Owners in the event such care becomes necessary or, if contact information for the Cat Owner is not available, to contact Kitty in the city ("Kitty in NY").com by phone at 1-(718) 514-9586 or at [email protected]. If you are a Cat Owner, you hereby authorize your Caregiver and Kitty in the city ("Kitty in NY").com to obtain and authorize the provision of veterinary care for your cat if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your cat’s veterinarian(s) to release your cat’s veterinary records to Kitty in the city ("Kitty in NY").com. Cat Owners are solely responsible for the costs of any such medical treatment for cats.
3. Eligibility.
By accessing and using the Kitty in the city ("Kitty in NY").com Service, you certify that (1) you are 18 years of age or older, and (2) if enrolled to be a caregiver, you are legally eligible to work in the jurisdiction where you will provide Cat Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Cat Care Services. You acknowledge that Kitty in the city ("Kitty in NY").com is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
4. Use of the Kitty in the city ("Kitty in NY").com - Service Suspension
4.1 Your Conduct on the Kitty in the city ("Kitty in NY").com Service. When you use the Kitty in the city ("Kitty in NY").com Service, you agree:
- To use the Kitty in the city ("Kitty in NY").com Service only in a lawful manner and only for its intended purposes.
- Not to use the Kitty in the city ("Kitty in NY").com Service to arrange for the care of dogs, ferrets, exotic or dangerous pets such as venomous snakes or constrictors, primates, non-domesticated cats, or any animal with a history of attacks on cats or people.
- Not to use the Kitty in the city ("Kitty in NY").com Service (or any predecessor to the Kitty in the city ("Kitty in NY").com Service) to arrange for the provision and purchase of services with another user, then complete transactions for those services offline.
- Not to post reviews about caregivers that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
- Not to provide false information or hide important information about your Cat in your client profile for, the Kitty in the city ("Kitty in NY").com Service. You agree to provide important details that might impact the service: violent cat, your cat has a history of attacks, litter box accidents and other important information.
5. Your Content
5.1 Your Content. We may upload text, photographs, images, videos, reviews, information and materials on the Kitty in the city ("Kitty in NY").com Service or otherwise in connection with using the Kitty in the city ("Kitty in NY").com Service. For example, caregivers are invited to create a profile page with photographs and other information and to transmit photos of the cats under their care to Cat Owners, while Cat Owners may submit reviews of caregivers.
5.2 License. The cat owner grants permission to use the cat’s pictures taken of the animal during the service in social media as long as no names or personal details are shown. These pictures cannot become part of Kitty in NY Inc brand name or logo and will not be displayed in press, video, audio or print form.
5.3 Reviews. If you are a caregiver, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Kitty in the city ("Kitty in NY").com Service, whether before or after termination of your enrollment for the Kitty in the city ("Kitty in NY").com 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 Kitty in the city ("Kitty in NY").com Service at any time.
6. Privacy
Our collection and use of your personal information on the Kitty in the city ("Kitty in NY").com Service is described in our Privacy Policy. By accessing or using the Kitty in the city ("Kitty in NY").com Service, you consent to the Privacy Policy.
7. Fees & Payment
7.1 Service Fees. We charge agency fees for some aspects of the Kitty in the city ("Kitty in NY").com Service. If you are a Caregiver, except where otherwise specified via the Kitty in the city ("Kitty in NY").com Service, our agency fee is calculated as a percentage of the fees a Cat Owner agrees to pay in a Booking. This percentage may vary depending on different factors. Please note this is a fee only for the booking service, nothing more.
7.2 Late Fees and Additional Charges. If you are a Cat Owner, you acknowledge and agree that, if you fail to retrieve your cat at the end of the service period agreed in a Booking, you will be charged an additional fee for each partial late day at the daily rate established in the Booking. In addition, you agree to indemnify Kitty in the city ("Kitty in NY").com from, and agree that we may charge you for any additional costs and expenses we or the caregiver incur as a result of your failure to retrieve your cat at the end of the service period agreed in a Booking.
7.3 Cancellations and Refunds.
- Cancellations by Caregiver. If a caregiver cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Cat Owner for Cat Care Services not provided, as well as any service charge paid to Kitty in the city ("Kitty in NY").com. Caregiver cancellations are taken seriously. If you are a Caregiver, you acknowledge that cancellation by you may result in a review of your enrollment and, if we deem it appropriate, suspension or termination of your collaboration with the Kitty in the city ("Kitty in NY").com Service.
- Kitty in the city ("Kitty in NY").com uses all reasonable efforts to find replacement Caregivers when Caregivers cancel Bookings near the start date of the service period identified in the Booking. The availability depends on the timing of the cancellation and the type of Cat Care Services provided;
- Cancellations by Cat Owner. If a Cat Owner cancels a Booking prior to or during the service period specified in a Booking, we will send a discount voucher for 35% of the agency fee you paid when you confirmed your reservation, or the 35% of the corresponding fee to the new period if your dates of service should change. This voucher can be used in the following 3 months (after the end date of the cancelled service)
- Refunds for Substandard Services. If we determine in our reasonable discretion that a Caregiver has failed to provide Cat Care Services in accordance with our guidelines and policies or these terms then we may, in our reasonable discretion, cancel a Booking and issue a full or partial refund to a Cat Owner.
8. Cat pictures
Cat owners grant permission to use the Cat’s pictures taken of the animal during the service in social media as long as no names or personal details are shown. These pictures cannot become part of the Kitty in the city ("Kitty in NY").com brand name or logo and will not be displayed in press, video, audio or print form.
9. Third Party Services, Links
The Kitty in the city ("Kitty in NY").com Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement or acceptance of such websites or resources, or the content, products, or services available from such websites or resources. Further, it is understood such websites are issued only for information, which we do not warrant.
10. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Kitty in the city ("Kitty in NY").COM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, EXPENSES, LOSSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, offline or onlin , with other users of the Kitty in the city ("Kitty in NY").com Service; (2) breach of these Terms; (3) disputes with other users of the Kitty in the city ("Kitty in NY").com Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your cat or cats in your care; (6) Your Content; or (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA) or other applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
11. Intellectual Property
11.1 Kitty in the city ("Kitty in NY") Trademarks. Kitty in the city ("Kitty in NY").com owns all rights in and to its trademarks, service marks, brand names and logos (the “Kitty in the city ("Kitty in NY") Marks”). If you are a caregiver, Kitty in the city ("Kitty in NY") grants you, for so long as you are in good standing on the Kitty in the city ("Kitty in NY").com Service, a limited, revocable, non-exclusive, non-transferable license to use the Kitty in the city ("Kitty in NY") Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, post cards, flyers, etc.), made available for purchase via the Kitty in the city ("Kitty in NY") and/or (2) in any other manner specifically authorized in writing via the Kitty in the city ("Kitty in NY").com Service. As a condition of exercising such license, you agree that such license immediately terminates upon your ceasing to be a Caregiver in good standing, whether at your own option or because Kitty in the city ("Kitty in NY") terminates your rights to use the Kitty in the city ("Kitty in NY").com Service.
12 Limitation of Liability
12.1 Exclusion of Certain Types of Damages. In no event will Kitty in the city ("Kitty in NY").com be liable to you for any indirect, incidental, special, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Kitty in the city ("Kitty in NY").com Service, including without limitation damages related to any information received from the Kitty in the city ("Kitty in NY").com Service, removal of your profile information or review (or other content) from the Kitty in the city ("Kitty in NY").com Service, any suspension or termination of your access to the Kitty in the city ("Kitty in NY").com Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Kitty in the city ("Kitty in NY").com Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.2 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENT DESCRIBED IN THIS TERMS AND THE REFUND AMOUNTS PAYABLE BY Kitty in the city ("Kitty in NY").COM THAT ARE SET FORTH IN SECTION 7, IN NO EVENT WILL Kitty in the city ("Kitty in NY").COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE Kitty in the city ("Kitty in NY").COM SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO Kitty in the city ("Kitty in NY").COM (SPECIFICALLY EXCLUDING AMOUNTS PAID TO Caregivers) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID Kitty in the city ("Kitty in NY").COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $50.00.
12.3 No Liability for non-Kitty in the city ("Kitty in NY").com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kitty in the city ("Kitty in NY").COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE Kitty in the city ("Kitty in NY").COM SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE Kitty in the city ("Kitty in NY").COM SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE Kitty in the city ("Kitty in NY").COM 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.
14. Governing Law and Jurisdiction
These Terms, and any dispute between you and Kitty in the city ("Kitty in NY").com, will be governed by the laws of the State of New York, without regard to principles of conflicts of law. You agree that any claim or dispute that arises between you and Kitty in the city ("Kitty in NY").com must be resolved exclusively by a state or federal court located in the State of New York. You and Kitty in the city ("Kitty in NY").com agree to submit to the personal jurisdiction of the courts located within Brooklyn, New York for the purpose of litigating all such claims or disputes.
If you have any questions about anything in these Terms, please contact us via email: [email protected]