VACAY SITTERS (PTY) LTD: TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Vacay Sitters (Pty) Ltd (“Vacay Sitters”, “we”, “us” or “our”) operates a website (“the Website”) and mobile application (the “App”/”Application”) that creates a space where house-and pet sitters (“Sitters”) can create profiles and offer their services and where persons needing petand/or housesitting services (“Clients”) may book a Sitter. 1.2 Clients may access and download the Client Application via the iOS App Store and Android Play Store as well as through the Website and register as a User to search for and make bookings with available Sitters. 1.3 Sitters may access and download the Sitters Application via the iOS App Store and Android Play Store as well as through the Website and register as a Sitter to offer his/her/their Services to the users of the Client App.

2. APPLICATION OF TERMS AND CONDITIONS

2.1 These Terms and Conditions govern the use of the Website and both Apps and are binding on and enforceable against every person that download/access or use this Website or Apps. 2.2 By using the Apps, Users acknowledge that they have read and understood and agree to be bound to these Terms and Conditions. 2.3 Any Users who do not accept these Terms and Conditions may not use the Apps in any manner whatsoever.

3. DEFINITIONS

3.1 In these Terms and Conditions, the following words and expressions shall bear the following meanings:

3.1.1 “App” / “Application” shall mean the Client Application and/or Sitter Application, as the case may be;
3.1.2 “Booking Request” means when a Client makes a request for a Booking to an available Sitter on his/her/their profile for specific Service/s required;
3.1.3 “Booking” means the booking that is created when the Sitter accepts the Client’s Booking Request;
3.1.4 “Client” means a person who uses the App to book certain Service/s and registers as such on the Client Application;
3.1.5 “Personal Information” means information provided by Users in the use of the Website/App including, but not limited to:
- 3.1.5.1 account registration details including name, address, telephone number, and email address;
- 3.1.5.2 bank details or credit card details;
- 3.1.5.3 the information that Vacay Sitters gather about Users as a result of use of the Website/App, including without limitation details relating to Bookings concluded;
- 3.1.5.4 information defined as “personal information” in section 1 of the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”);
3.1.6 “Pet” refers to any domestic pet that is under the care of the Client to be looked after by the Sitter in the case of pet sitting Services;
3.1.7 “Services” means in-house pet sitting and house-sitting services offered on our App to be performed in terms of an accepted Booking;
3.1.8 “Service Fee” means the fee payable by the Client to Vacay Sitters for the Services to be provided in terms of a confirmed Booking;
3.1.9 “Sitter” means a pet/house sitter who uses our App to offer his/her/their Services and registers as such on the Sitter App;
3.1.10 “User” shall mean a Sitter and/or a Client, as the case may be.

4. CONSUMER PROTECTION ACT, NO. 68 OF 2008 (“the CPA”)

4.1 The terms of this clause 4 apply to Users who are “consumers” for the purposes of the CPA. 4.2 Users’ attention is specifically drawn to clauses underlined in the text which:

4.2.1 may limit the risk or liability of Vacay Sitters; and/or
4.2.2 may create risk or liability for the User; and/or
4.2.3 may compel the User to indemnify Vacay Sitters; and/or
4.2.4 seems as an acknowledgement by the User of a fact.

5. AGE RESTRICTION AND LIMITATION OF USE

5.1 All Sitters and Clients must be at least 18 (eighteen) years of age and any use of or access to the Website/Application by anyone under 18 (eighteen) years of age is expressly prohibited. By using the Website/Application and by agreeing to these Terms and Conditions, Users warrant and represent that they are at least 18 (eighteen) years old. 5.2 Users must be natural persons and no business entity will be allowed to register as a User.

6. HOW THE APPLICATIONS WORK

6.1 The Applications can be used by Clients to search for available Sitters and make Booking Requests and by Sitters to create a caregiving profile which profile may include specific Service/s offerings, reviews, ratings and endorsements. Sitters may accept or reject Booking Requests and if accepted a Booking will be created directly between the Client and the Sitter. 6.2 Users are required to register an account and provide the information required by Vacay Sitters as further described in clauses 7 and 8 below. 6.3 Users may not have more than 1 (one) active Vacay Sitters account. 6.4 Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete at all times. 6.5 Vacay Sitters reserves the right to suspend or terminate your Vacay Sitters account and your access to the Website or Application if you create more than 1 (one) account or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete or otherwise in violation of these terms and conditions. 6.6 Clients acknowledge and agree that information such as the Client’s name, profile image, telephone number and location may be made available to registered Sitters and Sitters acknowledge and agree that information such as the Sitter’s name, profile image, mobile number, location, skills, ratings, reviews and endorsements may be made available to registered Clients in order to conclude a Booking, subject to the provisions of the Privacy Policy referred to in clause 14 below. 6.7 By registering for a Vacay Sitters account you agree that Vacay Sitters may, but is not obliged, to request a consumer report on you from a consumer and/or credit rating agency and undertake additional checks and processes designed to help verify identities and background of Users and/or scan User information against third party databases or other sources.

7. REGISTRATION OF AN ACCOUNT

7.1 To register an account, Users will be required to indicate whether they wish to register as a Client or a Sitter and will be required to provide relevant information including but not limited to:

7.1.1 As a Client: name, ID number, physical address, contact number, house details, security, location, Pet name, breed, size, age, health and other needs if applicable;
7.1.2 As a Sitter: name, ID number, physical address, contact number, previous experience, skills, references, banking details.

7.2 A Sitter will be responsible to manage his/her/their calendar and to mark as unavailable dates that the Sitter is not available to provide Services and will not accept any Booking Requests and to mark as unavailable dates on which the Sitter has already accepted Booking Requests and concluded Bookings. The Sitter is responsible to ensure that he/she/they do not accept any double Bookings, and will be subject to the penalties set out in clause 8.8 below in the event of cancellation of a confirmed Booking. 7.3 We operate on an OTP based login, and Users must have a valid and working email address or cellphone number to create a profile. 7.4 Registering and creating an account on the Application is free.

8. BOOKING REQUESTS AND BOOKINGS

8.1 As a Client you may search for available Sitters whose profiles match the Service/s and dates required by you. You will be asked a variety of questions about the Service’s required including but not limited to, description and extent of Services required, the location of your house, age, breed and health of Pet if pet sitting services required, starting date and end date of Services, as well as any specific skills/requirements needed. 8.2 Profiles of available Sitters will be shown and the Client can then choose a particular Sitter and make a Booking Request. Sitters will be notified via email and in-app notification that in the event he/she/they receive a Booking Request and may accept or reject a Booking request within 8 hours. A Sitter may reject Booking Requests up to a maximum of 3 (three) times but thereafter their profile will be suspended. 8.3 On acceptance of a Booking Request, a Booking is created between the Client and the Sitter. 8.4 Payment is required when the Booking is created, and the Client will be directed to the payment portal where the Client has the option to select the payment method and will be directed to the payment gateway to effect payment as further provided in clause 9 below. 8.5 A Client may cancel a Booking Request at any time prior to conclusion of a Booking. 8.6 After conclusion of a Booking, a Client may only cancel the Booking subject to the following cancellation fees:

8.6.1 For Bookings cancelled more than 14 (fourteen) days ahead of the start date, a full refund will be made;
8.6.2 For Bookings cancelled between 14 (fourteen) – 7 (seven) days prior to start date, a 50% (fifty percent) refund will be made;
8.6.3 For Bookings cancelled less than 7 (seven) days prior to start date, no refund will be made.

8.7 In the event of cancellation by the Client after conclusion of the Booking, the Sitter will be paid 50% (fifty percent) of the amount retained by Vacay Sitters as per clause 8.6. 8.8 After conclusion of a Booking, cancellation by a Sitter will be subject to the following penalties:

8.8.1 for Bookings cancelled more than 14 (fourteen) days ahead of start date, a deduction of 5% (five percent) will be made from the amount due to the Sitter for his/her/their next Booking;
8.8.2 for Bookings cancelled between 14 (fourteen) and 7 (seven) days prior to the start date, a 20% (twenty percent) deduction will be made;
8.8.3 for Bookings cancelled within 7 (seven) days prior to the start date, a 40% (forty percent) deduction will be made.

8.9 Vacay Sitters reserves the right to amend these terms and conditions to provide for a penalty to be payable should a User cancel Bookings more than a certain number of times or to suspend/cancel such User’s account. 8.10 On completion of the Services, the Client will be entitled to rate and post a review of the Sitter on the App. Any review posted will be immediately available to view by the Sitter as well as other Users.

9. SERVICE FEE AND PAYMENT TERMS

9.1 The Service Fee shall be payable by the Client in full, without deduction or set off of any kind at the time of Booking the Services via the selected payment gateway. 9.2 Payment to the Sitter will be made within 24 (twenty-four) – 48 (forty-eight) hours after completion of the Services to the bank account details provided by the Sitter at the time of registering his/her/their account.

10. CLIENT RESPONSIBILITIES

10.1 Safety: Clients must ensure that their home is safe and secure for the Sitter. This includes providing instructions for any security systems and ensuring that Pets are properly vaccinated and safe to handle. 10.2 Access: Clients must provide the Sitter with access to the home and any necessary keys or codes.

11. SITTER RESPONSIBILITIES

11.1 Care for Pets: Sitters must provide the highest standard of care for the Pets, following the instructions provided by the Client. 11.2 Security: Sitters must ensure that the home remains secure during their stay and comply with security instructions given by Clients and report any issues to the Client immediately.

12. LIMITATION OF LIABILITY

12.1 By using and accessing the Website/Application you acknowledge and agree that:

12.1.1 Vacay Sitters does not control and has no right to control any User profile, Booking Request or Booking and you agree not to do anything to create a false impression that you are endorsed by, partnering with or acting on behalf of or for the benefit of Vacay Sitters;
12.1.2 You understand and agree that Vacay Sitters is not a party to any Booking created between a Client and Sitter and disclaims all liability in this regard to the maximum extent permitted by law;
12.1.3 Vacay Sitters is not liable for any loss or damage caused by any User’s failure to provide accurate information and disclaims any and all liability related to any and all Bookings. Accordingly, any Bookings are created or accepted at Users’ own risk;
12.1.4 You alone are responsible for any and all Booking Requests, Bookings, and content that you post on the Website or the Application;
12.1.5 You represent and warrant that in any profile, Booking Request, and other content posted by you, you will not breach any agreement you have entered into with any third parties and that such content does not conflict with the rights of any third parties;
12.1.6 Vacay Sitters does not warrant that any content or information provided by Sitters, including but not limited to ability, skills, and honesty, are accurate/true/correct;
12.1.7 Vacay Sitters does not warrant that any content or information provided by Clients is accurate/true/correct;
12.1.8 Vacay Sitters is not liable for any loss/damage caused as a result of security breach, any harm/injury caused by or to a Pet, or damage, loss, or claims caused to a Client’s home or content thereof or to a Sitter and carries no liability- or insurance cover. Clients are encouraged to have their own home- and pet insurance, and Sitters accept Bookings at their own risk;
12.1.9 Vacay Sitters is not responsible for any act or omission of either a Client or a Sitter and Users agree that any legal liability or remedy that you seek to obtain for actions or omissions of other Users will be limited to a claim against a particular User who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Vacay Sitters with respect to such actions or omissions;
12.1.10 Notwithstanding the provisions of clause 6.7, Vacay Sitters does not endorse any User and/or a User’s purported identity or background.

12.2 Vacay Sitters shall not be liable for any direct, indirect, incidental, special, or consequential loss or damages which might arise from your use of, or reliance upon, the Website/Application or the content contained in the Website/Application; or your inability to use the Website/Application, and/or any unlawful activity on the Website and/or any linked third-party website and you hereby indemnify Vacay Sitters against any loss, claim, or damage which may be suffered by yourself or any third party arising in any way from your use of this Website/Application.

13. USE OF THE WEBSITE/APPLICATION

13.1 By using the Website/Application, Users agree:

13.1.1 Not to create User accounts by automated means or under false or fraudulent pretenses;
13.1.2 Not to use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website/Application;
13.1.3 Not to use any robot, spider, or other automatic device or manual process to monitor, copy, distribute, or modify the Website/Application or the information contained herein;
13.1.4 Not to use the Website/Application to distribute material which is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful;
13.1.5 Not to use any contact information provided by Vacay Sitters for the purposes of sending bulk communication such as SPAM;
13.1.6 Not to access, retrieve or index any portion of the Website/Application for purposes of constructing or populating a searchable database of reviews relating to the Services;
13.1.7 Not to create any links to any pages of the Website without the prior written consent of Vacay Sitters. Any links created by you will be done at your own risk and the provisions of clause 17 will apply;
13.1.8 Not to misuse the Website/Application by making a Booking Request or accepting a Booking, which you have no intention of keeping;
13.1.9 Not to display, publish, copy, print, post or otherwise use the Website/Application and/or the information contained herein in any way without the express prior written consent of Vacay Sitters;
13.1.10 Not to submit any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
13.1.11 Not to infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
13.1.12 Not to submit content containing any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or our Privacy Policy;
13.1.13 Not to promote any illegal activity, or advocate, promote, or assist any unlawful act.

13.2 The use of this Website/Application is solely intended for use in the Republic of South Africa. All Services are intended for the South African market only. 13.3 Vacay Sitters do not undertake to review material including, but not limited to, the content of reviews before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.

14. PRIVACY

14.1 The Personal Information required for registering an account and collated by us through your use of the Website/App will be kept in the strictest confidence and not sold or made known to third parties except insofar as is required for concluding a Booking as set out in clause 6.6 above or as permitted by law. 14.2 Personal Information collected and use thereof will be treated according to our Privacy Policy, which is available on the Website/Application.

15. MODIFICATION

15.1 Vacay Sitters reserves the right in its sole discretion to modify the Website and/or Application or to modify these terms and conditions at any time and without prior notice to Users. 15.2 If we modify these Terms and Conditions, we will post the modification on the Website and Application and will also update the last updated “date” at the top of these Terms and Conditions. 15.3 Changes to the Terms and Conditions will be effective at the time of posting. 15.4 Your continued access or use of the Website and Application will constitute acceptance of the modified terms. 15.5 If the modified Terms and Conditions contain material changes applicable to existing Users (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. 15.6 If the modified Terms and Conditions are not acceptable to you, you should cease using the Website/Application.

16. FEEDBACK

16.1 Users can contact Vacay Sitters at helpdesk@vacaysitters.co.za to provide any feedback or complaint(s) with regard to the Website/Application. 16.2 We reserve the right to suspend or terminate your account at any time if we have any reason to be concerned by any feedback about you, or should we consider your feedback rating to be problematic for other Users.

17. DISCLAIMER

17.1 The use of this Website/Application is entirely at your own risk. 17.2 To the extent permissible pursuant to applicable law, Vacay Sitters disclaims all warranties of any kind, either express or implied, including but not limited to the content/accuracy of any profiles or Booking Requests. No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice. 17.3 Whilst Vacay Sitters takes reasonable measures to ensure that the content of the Website/Application is accurate and complete, Vacay Sitters makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website/Application or as to the accuracy, completeness, or reliability of any information on the Website/Application. 17.4 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third Party Websites, and Vacay Sitters is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

18. OWNERSHIP AND COPYRIGHT

18.1 The contents of the Website/Application, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, and service marks which are displayed on or incorporated in this Website/Application (“Application Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Vacay Sitters and/or is licensed to Vacay Sitters. 18.2 Users will not acquire any right, title, or interest in or to the Website/Application or the Website/Application Content and you may not use the Vacay Sitters name and trademarks, the Vacay Sitters logo, and all related names, logos, product and service names, designs, and slogans.

19. AVAILABILITY AND TERMINATION

19.1 Vacay Sitters will use reasonable endeavours to maintain the availability of the Website/Application, except during scheduled maintenance periods, and are entitled to discontinue providing the Website/Application or any part thereof with or without notice to you. 19.2 Vacay Sitters may in its sole discretion terminate, suspend, and modify this Website/Application, with or without notice to you. You agree that Vacay Sitters will not be liable to you in the event that it chooses to suspend, modify, or terminate this Website/Application other than for the completion of a Service Contract made by you prior to such time, to the extent possible.

20. APPLICABLE LAW

These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.

21. SEPARATE AND SEVERAL

If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid, or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

22. INFORMATION DISCLOSURE

The following information is disclosed in terms of Section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002:

Full Name and Legal Status:	Vacay Sitters (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa
Registration Number:	2024/163012/07
Main Business:	Professional house and pet sitting service
Contact Number:	+ 27 (0) 60 591 3888
Email Address:	helpdesk@vacaysitters.co.za

T&C