A. Sit Cancellation Terms for Pet Parents - Deluxe Plan

Last updated: 21^st April 2024

The Trust My Pet Sitter Plan in the event of a short notice Pet Sitter Cancellation

We offer, on a goodwill basis and at our sole discretion, a plan to Pet Parents in respect of loss from having to source Alternative Pet Care due to a Sitter cancelling unexpectedly, subject to the terms, conditions, and limitations shown below, as defined by the Maximum Limit or as amended in writing by us.

Pet Parents must comply with all requirements and conditions in this Plan to be eligible to benefit from this Plan.

This Plan is offered at our sole discretion and only to Pet Parents who have an active deluxe membership and have agreed and confirmed a Pet Sit on the Trust My Pet Sitter Platform, with a start date that is within their paid membership term.

This Plan is not an insurance policy and is not intended to replace the guarantees of Pet Parents’ own insurance contracts. It is the responsibility of the Pet Parent to ensure that they have appropriate insurance in place to cover losses from having to source alternative Pet Care due to a Pet Sitter cancelling unexpectedly.

If loss is suffered by a Pet Parent as a result of having to source alternative Pet Care due to a Pet Sitter cancelling unexpectedly, we may at our sole discretion pay the Pet Parent, up to $1500 (or foreign currency equivalent), at a limit of $150 per night, for up to 14 nights per membership year.

B. Definitions

“Alternative Pet Care” means boarding the pet in a licensed kennel or cattery or paying someone to look after the pet at the Pet Parent’s home.

“Cancellation” means a confirmed Pet Sit arrangement is cancelled prior to the start date or the Pet Sit is abandoned prior to the agreed end date.

''Maximum Limit'' means $1500 per home per Pet Sit, or its equivalent in the currency where the home is located, at the exchange rate applicable shown on OANDA.com on the date of payment. Within this $1500 total limit, there is a daily limit of $150.

''payment request form'' means the standard form, accessible by contacting the Trust My Pet Sitter Account Management Team directly, that a Pet Parent uses to request payment from us pursuant to this Plan.

“Pet” means pets covered by this Plan. This Plan exclusively covers domestic dogs and cats only and does not extend coverage to dangerous or wild animals.

“Pet Parent(s)” means pet parent members who join our platform at Trust My Pet Sitter and have been approved by an Account Manager for a ‘Live’ Membership. A Pet Parent must be the person who has legally acquired the pet, through purchase, adoption, or a legal transfer of ownership and can provide evidence to support this if required. The term Pet Parent is interchangeable with the term Owner. Each Pet may only have one Pet Parent under this Plan (or where there is more than one Pet Parent listed for a Pet, the aggregate benefit that we may at our discretion provide under this Plan will not be more than it would be if only one Pet Parent was listed).

“Plan” means this discretionary Sit Cancellation Plan for Pet Parents.

''Platform'' means accessing the services provided at our website at www.trustmypetsitter.com via our Account Management Team, or our mobile application.

''Pet Sit'' means a stay by a sitter(s) at a home for an agreed period of time organised, confirmed and accepted through our platform.

''Sitter(s)'' means eligible adult individuals or families who have agreed to our terms and conditions who have organised to stay in a home including individuals invited to be present at a home by the sitter(s) during a sit.

“Unexpectedly” means a cancellation that occurs 14 days or less before the agreed sit start date or during the sit, but before the agreed end date.

“Unliveable” means a pet parents premise that fails to meet the requirements outlined in Our Terms of Service. These requirements include but are not limited to, a clean and hygienic living space, no third parties present, and no dangerous pets.

''We/Us/Our'' means Trust My Pet Sitter.

"Terms of Service” means our Terms of Service.

C. Are there circumstances where we will never pay under this Plan?

This Plan is offered at our sole discretion but in any event, we will never pay Pet Parents under this Plan for any of the following:

• The Pet Parent initiates the Sit cancellation.

• The Sit cancellation is mutually agreed between the Pet Parent and the Sitter.

• The Pet Parent or a member of the Pet Parent’s family provides the alternative Pet Care.

• The Pet Parent fails to provide receipts detailing dates, daily costs of boarding and expenses they have paid.

• The person caring for the pet does not provide written confirmation of the amount they have been paid.

• For losses in excess of the Maximum Limit.

• A Pet Sitter abandons the Pet Sit because the premises are deemed to be Unliveable.

• Trust My Pet Sitter has relisted the Pet Sit dates and suitable alternative Pet Sitters have been matched and applied.

• We have successfully sourced an alternative Sitter.

If Pet Parents, or anyone acting for Pet Parents, makes, or attempts to commit fraud, such as a false or exaggerated claim, We will reject the payment request form and any subsequent submission. We will notify the Pet Parent if we do this.

Additionally:

(a) if We have made any payments in respect of fraudulent activities, Pet Parents must repay that sum to us.

(b) if there has been fraudulent activity to secure any benefits under this Plan this will result in no payment being made.

(c) We may also notify the relevant authorities, so that they may consider criminal proceedings.

We shall not provide any benefit or be liable to provide any benefit under this Plan which:

(a) would breach economic, financial or trade sanctions imposed under the law of the country in which this Plan is issued or would otherwise provide benefit, or;

(b) would breach economic, financial or trade sanctions imposed by Canada, the European Union, United Kingdom or the United States of America;

(c) all other terms, provisions and conditions of this Plan shall have full force and effect.

D. How can a Pet Parent recover costs/losses from us?

This Plan is offered at our sole discretion but to be considered for payment under this Plan, the following conditions must be complied with.

Failure to fully comply may mean we decline to offer you any payment under the Plan.

In all cases, the onus will be upon Pet Parents to demonstrate that they have complied with the following conditions.

1. Pet Parent Contribution

The Pet Parent must contribute $100 towards any payment request made against this Plan.

2. Cancelled Sit Notification

Pet Parents must notify Trust My Pet Sitter within 24 hours of a Pet Sit being cancelled and produce correspondence that confirms the cancellation.

3. Alternative Sitter

(a) Where time allows, Pet Parents must allow Trust My Pet Sitter to relist their Pet Sit and allow other Pet Sitters to apply.

(b) Where a Sit is cancelled at short notice or abandoned during the Sit, Pet Parents must allow Trust My Pet Sitter to attempt to source an alternative Pet Sitter.

4. Pet Parents must provide receipts detailing dates, daily costs of boarding and expenses they have paid.

5. If requested by Trust My Pet Sitter, the person caring for the pets must be able to produce written evidence of the amount they have been paid by the Pet Parent.

6. If a Pet Sit has been cancelled because the Pet Sitter believes the premises to be unliveable, we may request statements and photographic evidence from both parties before deciding if the cancellation was justified.

7. To proceed with a claim Pet Parents will need to:

(a) complete a payment request form, and

(b) deliver a signed and sworn proof of loss.

8. Information requests

Pet Parents must provide Trust My Pet Sitter with all information it reasonably requests to help facilitate a claim.

9. Cooperation

Pet Parents must cooperate with Trust My Pet Sitter, including signing any documents, and responding in a timely fashion to any reasonable requests for additional information or documentation, that Trust My Pet Sitter or its designees may require or request to process the applicable payment request form.

E. Conditions

Acknowledgments and agreements by Pet Parents.

1. Purpose of the Plan

Pet Parents acknowledge and agree that:

a. This Plan is offered at our sole discretion and this Plan does not constitute an offer to insure, nor does it constitute insurance or an insurance contract, and does not take the place of insurance obtained or obtainable by you. Furthermore, this Plan is not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.  To the extent that Pet Parents desire protection beyond this discretionary Plan (such as the insurable losses covered by a travel insurance or other policy), Pet Parents may wish to purchase third-party insurance (Pet Parents should be aware that such insurance may not always cover losses caused by Sitter(s) cancellation and should carefully check the terms of any third-party cover they obtain).

 b. Trust My Pet Sitter reserves the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any payment request form that Pet Parents file with Trust My Pet Sitter, notwithstanding delivery of all information and materials that are required.

c. For any Sit cancellation, the Pet Parents must first allow Trust My Pet Sitter to attempt to source an alternative registered Pet Sitter, before seeking recourse to this plan.

2. Pet Parent/Sitter(s) Communications

Pet Parents acknowledge and agree that when requesting us to exercise our discretion and offer payment under this Plan, they give Trust My Pet Sitter consent to review all communications between Pet Parents and Sitter(s), on and off the platform.

3. Offsetting

Pet Parents acknowledge and agree that Trust My Pet Sitter reserves the right, at any time, to offset or deduct from the amounts payable or paid by Trust My Pet Sitter to Pet Parents under this Plan, any amounts that Pet Sitters may have in their possession, or to subsequently collect, from any other person or entity who is obligated to pay Pet Parents for losses.

4. Changes to this Plan

Pet Parents acknowledge and agree that to the extent permissible by applicable law in your jurisdiction, Trust My Pet Sitter may modify or terminate this Plan, at any time, at our sole discretion.

If We terminate this Plan, we will provide Pet Parents and Pet Sitter(s) with notice by email at least thirty (30) days before such termination and we may at our discretion continue to process all payment request forms that you filed prior to the effective date of termination, but your right to file any new payment request form after the effective date of termination will immediately end.

If we modify this Plan, we will post the modification on the Trust My Pet Sitter website. We may at our discretion continue to process all payment request forms that you filed prior to the effective date of the modification.

In addition to and without limiting our rights set forth above in the immediately preceding paragraph, We may modify or terminate this Plan generally or in any jurisdiction, at any time, and at our sole discretion, if:

a. this Plan is construed to be an offer to insure or constitutes insurance, an insurance contract or an insurance service agreement by any governmental or regulatory authority in any jurisdiction;

b. We are required to obtain a license or permit of any kind to continue to provide this plan in any jurisdiction; or

c. We determine that a court, arbitrator, regulatory or other authority holds that the provisions of this plan violate applicable law or regulation.

If we modify or terminate this plan in accordance with the foregoing, we may (at our sole discretion) process all payment request forms that are filed prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

5. Transferring Pet Parents' interests

Pet Parents may not transfer their interest in this Plan to anyone else without our written consent.

6. Subrogation

Trust My Pet Sitter have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses in question, even if that person or entity are pet parents and/or pet sitter(s). Further, Pet Parents hereby agree that, with respect to any payments made under the Plan by, or on behalf of, Trust My Pet Sitter, Pet Parents will assist in and cooperate fully with Trust My Pet Sitter regarding any and all efforts at subrogation.

7. Disclaimers and Limitations of Liability

If Pet Parents choose to use Trust My Pet Sitter pet parents do so at their sole risk. This Plan is provided “as is”, and at our sole discretion, without warranty of any kind, either express or implied.

Pet Parents acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of their access to and use of  Trust My Pet Sitter, and their sharing of information regarding their home and pets details via Trust My Pet Sitter remains with them. Neither Trust My Pet Sitter nor any other party involved in creating, producing, or delivering the Pet Sit will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for:

a. personal or bodily injury or emotional distress arising out of or in connection with this Plan;

b. from the use of or inability to use Trust My Pet Sitter;

c. from any communications, interactions, or meetings with other users of the Trust My Pet Sitter platform or other persons with whom you communicate or interact because of your use of the Trust My Pet Sitter platform; or

d. from your sharing and listing of any home and pet details via Trust My Pet Sitter.

Trust My Pet Sitter will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether Trust My Pet Sitter has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

F. Contacting Trust My Pet Sitter

If you have any questions about this plan, please contact your Account Manager representative at Trust My Pet Sitter.