By using or accessing the Pootle application, website and services you acknowledge that you agree with these “Terms and Conditions” of service and in doing so you are entering into a legally binding agreement between you and Tork Communications Pty Ltd trading as Pootle. If you do not agree with these Terms and Conditions of service, you may not access or use the Pootle platform, applications and services.
Agreement Updates and Modifications
Pootle reserves the right to modify its’ terms and conditions of service or its’ policies relating to the service or software at any time, effective upon posting of an updated version of this agreement. You are responsible for regularly reviewing this agreement. Continued use of the service or software after any such changes shall constitute your consent to such change.
Pootle Platform and Services
The Pootle “Services” constitute a technology platform that connects you with independent local drivers offering pet services. “Users” (drivers and users) must download the Pootle app and register to access the Pootle technology platform.
As a Rider User, you authorise Pootle to match you with a Driver based on criteria such as your location, destination, preferences (such as vehicle type to adequately accommodate your transport requirements), and platform efficiency, and to cancel an existing match and rematch based on the same considerations.
For the purposes of this agreement you Rider User acknowledge that Pootle does not hire or employ contractors to provide transport services, these services are provided by independent third-party contractors. The Users decision to offer or accept transportation services shall constitute as a separate agreement between the User parties, made available for your personal, non-commercial use.
The services will be provided ‘as is’, without warranty or condition, express, implied or statutory. Pootle do not guarantee the platform’s reliability, timeliness, availability and suitability of the services. Pootle also does not guarantee that the services provided will be uninterrupted, accurate or error-free. Pootle disclaim any implied warranties, merchantability, fitness for a particular purpose and non-infringement.
Pet Riders
Under this agreement Rider Users may use the Services for accompanied or unaccompanied pet transport. Animals travelling must be in good health, vaccinated, non-aggressive and clean. Animals such cats and small animals should be in an effective carrier for transportation. For unaccompanied pets a handover person must be present at the drop off destination or the pet will be returned to the pick up at the Rider Users expense, unless otherwise pre-arranged. Third-party providers have the right to refuse the Services for animals that do not meet the criteria and Pootle reserves the right to charge a cancellation fee using a designated payment method in your account.
Pootle User License
In entering this agreement as a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
Users will only be permitted one account and having multiple accounts is prohibited. You will be required to submit personal information such as your name, mobile phone number, email address, home address and payment information. It is the user’s sole responsibility to maintain accurate and current information in their profiles, as well as the secrecy of their logins and credentials. You agree that inaccurate information such as invalid payment details may result in restricted access to the Pootle platform.
Intellectual Properties
The use of this service will not grant you ownership rights to the services, except for the limited license allowing you non-exclusive, non-sub licensable, revocable and non-transferrable license to use the Pootle platform and services and the contents made available to you through the services for non-commercial use.
You shall not allow any unauthorised parties access to the Pootle Services or User App’s with the purpose to design or develop a competitive or substantially similar product or service. The Pootle name, logos, products, and services shall remain the property of Pootle and/or its respective licensors.
Communications
You agree that Pootle may send you text messages relating to your usage of the services. You may opt-out of receiving these text messages by submitting a request to the customer care team. You agree that opting out of receiving text messages may restrict your access to the services.
Promotions
Pootle may, at its discretion, offer promotional or other Coupons to Rider Users, such discounts shall not impact the fare received by Driver Users. Promotional coupon codes, account credits and other user benefits are created at the discretion of Pootle and/or other third parties. Promotional codes may not be duplicated, sold or transferred to other parties unless permitted by Pootle. At its discretion and under no liability, Pootle may modify the expiry date, terminate and/or disable promo codes at any time and for any reason.
Other Services
In addition to the Services, the Pootle Platform may enable Users to provide or receive goods or services from other third parties. For example, Rider Users may be able to use the Pootle Platform to order a delivery of goods. You understand and that the Other Services are subject to the terms and pricing of the third-party provider and may include advertisements and other promotions. Pootle does not endorse such third-party services and content and in no event shall Pootle be responsible or liable for any products or services of such third-party providers
Your Content
Users of Pootle services, may from time to time submit, upload and publish contents that will be made available to Pootle. User Contents provided by you remains your property. However, you agree that by providing these contents to Pootle, you grant Pootle royalty free rights to use, sublicense and publicly distribute without your consent and compensations to you. You represent and warrant you are the exclusive User Contents owner and agree not to submit, upload and publish contents that will infringe or violate a third party’s intellectual-properties. You will not provide contents that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Pootle in its sole discretion and you agree that Pootle is not obligated to review any contents submitted by you.
Mobile Devices & Internet Connection
Users will need to supply their own compatible mobile device and with internet connection to use the Pootle platform. Data and messaging rates and fees may apply if you access the Services from a wireless-enabled device for which you shall be responsible. You acknowledge that the Service may be impacted if there are issues with your internet connection.
Geo-location Services
Driver Users acknowledge that geo-location information of your device must be provided to the Pootle App in order to perform the Services. The approximate location of third-party provider vehicles will be displayed to the Rider User via the App before and during the provision of the Services. Pootle and its affiliates also reserves the right to track, monitor and share your geo-location obtained by the App and your device for security, marketing and operational purposes.
Charges and Payments – Rider Users
You understand that in use of the Services, Pootle may charge you for the services or goods you receive from a Third Party Provider and that these charges are payable immediately on conclusion of the trip. Payments to the third-party provider can be made cash, or via your Pootle app account, where Pootle will act as a collection agent to facilitate your payment to the Third Party Provider.
In using the service you acknowledge that whilst an estimate fare price is calculated at the time you submit the service request, based on the estimated time and distance for the fare, charges for additional fees such as tolls and surcharges may apply and that these charges form part of the final fare. All charges are inclusive of tax and are non-refundable, unless otherwise determined by Pootle. You understand that Pootle reserves the right to modify the pricing at any time without your consent or knowledge and that you are responsible for the charges incurred when using the platform.
Trip Cancellation
You agree that you will be liable for a cancellation charge if you request for your booking to be cancelled prior to the Third Party Providers arrival, or if the your animal(s) do not reach the transport criteria.
Declined Payments
In the event that trip payments processed via the Pootle app are declined, Pootle will notify you after the trip has been completed via text message and email to request payment for the outstanding amount. If after 24 hours the outstanding payment has not been settled, you understand that your use and access to the services will be restricted until the outstanding amount is paid to your account. You agree that Pootle reserves the right to start the debt collection process after 14 days have passed from when you received the first notification email/text message.
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account. In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Pootle in Pootle’s reasonable discretion, Pootle reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Pootle to the applicable Third Party Provider and are non-refundable.
Indemnity
You agree to defend, indemnify, and hold Pootle including its affiliates, subsidiaries, parents, successors and assigns, and its officers, directors, employees, agents or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses relating to or arising from your use of the Pootle platform and services, including: (1) Your breach and/or violation of this agreement; (2) Your interaction resulting in a violation of any law or violation of the rights of any third parties; (3) any allegation that any materials that you submit to us or transmit through the Pootle platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
Pootle shall not be liable for any conduct of any users. Pootle disclaims any liability arising from interactions between users. You agree not to hold Pootle liable for any damages including loss of income, loss of personal data, personal and property damage. You also agree not to hold Pootle liable for any damages caused by unauthorised access to your account. You understand that your personal information may be accessible by other users through the use of the Pootle platform, such as profile picture and name. Pootle will not be held liable for any damages arising from the misuse of such information. Pootle disclaim all liability for the acts and omissions by other users. You understand that materials and information regarding the Pootle platform made by third parties should not be relied upon. Pootle disclaims all liability for any damages resulting from the reliance of such information.
Dispute Resolution
You and Pootle mutually agree to waive respective rights to dispute resolution in a court of law by a judge or jury and agree to resolve any dispute by arbitration. Any arbitration under this agreement will take place on an individual basis, class arbitrations and class actions are not permitted. If you have any problems with your Pootle service you can contact our customer care team on +61282068935 or send us an email on rides@pootle.com.au
