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PalCura, LLC is an online marketplace that connects pet owners, pet sitters, and other providers of pet-oriented services, including but not limited to clean up services, pet trainers, and veterinarians. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.palcura.com website and the PalCura mobile application (together, or individually, the "Service") operated by PalCura, LLC, a limited liability company formed under the laws of the state of Florida (“PalCura”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to receive marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We charge a percentage fee for every service booked through our platform, as detailed in website and mobile application. We reserve the right to change our fees at any time without notice prior to each booking confirmation. Fees paid are generally nonrefundable, however we reserve the right to refund certain amounts on a case by case basis, in our sole discretion. Services are offered and requested through our platform. We use a third-party payment processor, currently Braintree (a PayPal subsidiary), and third-party video conference provider, currently TokBox. Your use of this service and payment through the third party constitute your understanding and agreement that we are not responsible for any issues, problems, or losses experienced due to use of their platform. Additionally, you understand and acknowledge that transactions through third-party sites are governed by such sites’ terms and conditions. We encourage our users to read all terms of service and privacy policies for third-party providers. Providers of goods and services are responsible for all applicable taxes. Offline or cash payments are a violation of our Terms of Service, and can result in removal from PalCura.
As a benefit to our users, we may offer a reward-based points system in which users accrue 1 point in their account per dollar spent through our platform. Users may apply up to 1% of their accrued points when they reach 500-point intervals to pay for additional goods and/or services through our platform at a $1/1-point rate. Points expire after 12 months of platform inactivity and may not be transferred or compiled from multiple accounts, even if those accounts belong to the same user. Users are responsible for any tax implications of point usage and are advised to seek guidance from a tax professional in their state. This reward program may be changed or cancelled at any time with or without notice at PalCura’s sole discretion. Upon cancellation, there will be no cash value attributed to any remaining points.
Cancellations requested at least 24 hours prior to the appointment will be refunded in full. Cancellations requested within 24 hours will be refunded except for a transaction fee of 6% to offset our payment processing expense.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
The Company has the right but not the obligation to monitor and edit all Content provided by users and reserves the right to suspend and/or terminate the account of anyone found to have violated the Terms.
In addition, Content found on or through this Service are the property of PalCura or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
At all times when using or accessing this Site, you agree that:
a. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Site or transmit to other members.
b. You will not post on the Site, or transmit to other members or PalCura employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Site does not comply with the foregoing.
c. You will use the Site in a manner consistent with any and all applicable laws and regulations.
d. You will not include in your profile any offensive or sexually suggestive references or post any photographs or other images containing nudity. PalCura reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
e. You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
f. You will not falsify your identity or misrepresent yourself in any way on the Site.
g. You will not “stalk” or otherwise harass any person in any way.
h. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site.
i. You will not transmit any chain letters, spam or junk email to other members or to us.
j. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
k. You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent.
l. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
m. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
n. You will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.
o. You will not post html code except where instructed in any area of your profile on this Site.
p. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
q. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
r. You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to our services or the Site in order to direct any person to any other website for any purpose.
s. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
t. You are solely responsible for your interactions with other members. PalCura reserves the right, but has no obligation, to monitor disputes between you and other members.
u. PalCura has the right to temporarily suspend or permanently terminate the account of any member who posts contact information on the site in audio/video samples or messages to prospective clients. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers.
v. You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from PalCura related to your or another member’s compliance with these Terms.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PalCura and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Our Service may contain links to third-party web sites or services that are not owned or controlled by PalCura. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PalCura shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PalCura and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You agree to defend, indemnify and hold harmless PalCura and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall PalCura, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content; and (v) any action or omission of any act by any party with whom any user contracts or interacts, whether it is a service provider, pet renter or pet owner whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge that PalCura only provides a platform for users and service providers and does not vet, conduct background checks, or conduct any other review of users, service providers, or animals.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PalCura, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Additionally, PalCura specifically disclaims all liability arising from the match and/or relationship of any users, whether they be Pet Owner, Pet Sitter, Pet Renter, Pet Lender, or other service provider. As a user of the service, you specifically acknowledge and agree that the Company is not responsible for the following:
1) User satisfaction with services obtained through our Service;
2) Miscommunication between service providers and customers on our platform;
3) Pet availability;
4) Pet Sitter performance;
5) Quality of customers or service providers;
6) The demeanor or actions of any animal;
7) Failure of any pet owner to retrieve pet;
8) Pets lost while with any service user;
9) Failure to adhere to local laws, ordinances, etc.
10) Customer complaints; and
11) Any agreements between parties, other than payments through our platform
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Any and all law suits brought against the Company shall be filed in the federal or state court of competent jurisdiction in Palm Beach County, Florida.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at:
PalCura , LLC
160 W. Camino Real
Unit #533
Boca Raton, FL 33432
Or email us at hello@palcura.com