Dog-Walker Terms of Service

 

1.0 Acceptance of terms

Pursuant to the company policies, the Dog-Walker (hereinafter referred to as “you”, “your”, “dog-walker”) acknowledges that the nature of the assignments you are assigned through Collrs a Frodo Technologies Pvt. Ltd. Company (hereinafter referred to as the “company”, “we”, “us”, “our”, “Collrs service”) is purely on a temporary basis and you shall be required to enter into an agreement with the company to comply with the following terms and conditions. You agree to provide services to Collrs customer(s) bounded by its means of operations such as www.collrs.com

website, Mobile App, email, text messages, automated notifications, and phone calls (hereinafter referred to as “the platform”, “Collrs platform”). BY AGREEING TO THESE TERMS DURING THE APPLICATION AND ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE COLLRS PLATFORM WITHOUT AN ACCOUNT, 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 COLLRS PLATFORM.

 

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 8.0 below) when we communicate via email or post the modified Terms on the Collrs platform, unless otherwise required by applicable law. Your continued access and use of the Collrs platform after we post the modified Terms will constitute your consent to be bound by the modified Terms. Any clause explicitly not covered in these terms shall be covered under the general Collrs "Terms of Use".

2.0 Service Policies:

  1. The application to be a dog-walker with Collrs will be reviewed and the company will perform required checks on the identity and other details provided by the applicant.

  2. Once a walker is approved, they will be given assignments within a convenient radius of their present location whenever possible. However, based on availability of assignments, location and distance may vary.

  3. As advised during your interview, you will be required to wish the pet owner and introduce yourself as a Collrs dog walker engaged by the company.

  4. While on the walk, the dog-walker is solely responsible for the safety, security, and wellbeing of the pet.

  5. The pet must be returned to its residence once the walk session is complete and the walk completion acknowledgment must be done via the Collrs Mobile App, email, or text message.

  6. Dog-walkers must report any incidents that happen during the walk to Collrs administrators as soon as possible at petcare@collrs.com

  7. The dog-walker is expected to inform Collrs as well as the customer 48 hours in advance of any unplanned leaves. In case of failure to do so will attract penalty for those number of day(s).

  8. The dog-walker is entitled to time-off due to illness. A maximum of 3-days time-off is allowed in case the dog-walker is unable to perform their sessions due to temporary illness. Sufficient evidence, like doctor’s report, must be furnished for the time-off to be approved. No payments shall be made for the missed sessions. The walker may depute a reliable dog walker in their absence, but they must be approved by Collrs with the necessary documentation.

  9. Collrs intends to establish a professional relationship with its customers and a caring environment for their pets. The dog-walker is expected to behave amicably with the customer. In light of privacy concerns for both our customers and the dog walker(s), it is recommended to refrain from discussing personal matters with the customer.

  10. You acknowledge that the tasks involved in dog-walking assignments involves physical movements such as walking (or occasionally running) for up to 30 minutes, one or more times a day. By agreeing to these terms, you confirm that you are willing and able to take assignments that involve such tasks.

  11. The customer being served by a dog-walker has the right to pursue claim or cause of action against the said dog-walker due to damage/harm/injuries to the pet or personal property of the customer incurred during the walk session(s), arising out of situations including, but not limited to

a.    Willful violation of instructions provided by the customer

b.    Involvement in illegal activities by the walker

c.   Consumption of controlled substances during the walk, or being under the influence of drugs and/or other controlled/illegal substances during the walk

d.  Walking the pet unsafely

You hereby waive, and release Collrs and its users from any claim or cause of action pertaining to the aforementioned situation.

12. If at any point in time during engagement with Collrs, there is any legal or criminal action against the walker by any “external entity”, then it               must be immediately notified to the company at admin@collrs.com

2.1 Supplemental Service Policies:

Pursuant to the policies of the company, a dog-walker agrees –

  1. Not to misrepresent the company, which includes but not limited to (a) Falsification of company policies and rules (b) Falsification of service prices as stipulated by the company.

  2. To engage with Collrs and use assets related to the company including but not limited to its website and/or mobile application only in a lawful manner and only for its intended purposes.

  3. Not to use the Collrs platform that includes but not limited to the Collrs website and/or mobile app, or engage with other users of Collrs Service, for purposes that violate the law.

  4. Not to use the Collrs Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Collrs Service.

  5. To use the Collrs Service only for your own purposes, and not to impersonate any other person.

  6. Not to provide false information in their profile on, or registration for, the Collrs Service, or to create/submit multiple or duplicate applications/accounts.

  7. Not to transfer or authorize the use of your account for the Collrs Service by any other person without our authorization, or to engage in fraudulent transactions.

  8. Not to use the Collrs Service for purposes of competing with Collrs or to promote other products or services. Not interfere with our provision of, or any other user’s use of, the Collrs Service.

  9. Not to solicit another user’s username and password, email address, phone number for the Collrs Service or any other sensitive personal information, including bank details, unless specified otherwise.

  10. Not to engage in acts deemed illegal pursuant to the Prevention of Cruelty to Animals Act of 1960, India, which includes, but not limited to –

  • Purposes of Illegal breeding of dogs

  • Inflicting un-necessary pain to the animal

 

3.0 Payments:

All fees, deductible amounts and other payments referenced on, or charged through, the Collrs platform are listed and payable in INR. Any payment(s) and/or remittances made by the company to the dog-walker shall follow the policies as listed below.

3.1 For daily walks: Rs 250 to be paid on per walk, which is inclusive of 2 walks per day. The payment will be made at the end of the assignment period.

3.2 For Monthly walks: For monthly assignments (1, 2 or 3 month assignments) payments will be made on a monthly basis at the end of the “assignment month” (NOT calendar month). An “assignment month” end may not be a calendar month end.

 

  1. Rs 4500 would be paid for monthly assignments, which is inclusive of 2 walks per day (excluding Sundays)

  2. Rs 2500 would be paid for monthly assignments, which is inclusive of 1walk per day (excluding Sundays).

 

Example: The assignment started on 10th January 2019, the assignment month end would be 9th February 2019. For monthly payments there is a processing time of about 5 days, thus the final remittance would occur on or before 14th February 2019.

 

3.2.2 Additional terms: The Company shall hold 20% of the payment as security from the first month of payment, which will be released once the walker completes their full assignment along with the payment of the final month. On successful completion of the assignment the payment will be processed within 5 processing working days after “assignment month” end.

 

3.3 Payment Holds. The company reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 3.1 and/or 3.2 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Collrs, the Collrs community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.

4.0 Suspension & Termination of services:

The dog-walker is expected to show highest level of commitment, integrity and pride during their assignment(s) as a “pet co-parent”. The dog-walker is expected to provide solutions to the customer in terms of their pet’s wellbeing when it comes to dog-walking. Dog walkers should be passionate. Passionate dog walkers take pride in what they do during a care session for a pet, and it shows their commitment to the pet’s well-being and safety and our customer’s satisfaction. Violation of the terms stated here in may result in disciplinary action(s) which includes but not limited to immediate termination, or complete ban from Collrs platform. The company reserves the right to suspend or terminate your access to the Collrs platform:

  1. if in our discretion your conduct on the platform or Collrs Service is inappropriate, unsafe, dishonest, or in breach of these terms; or

  2. if necessary in our discretion to protect Collrs, it's users, customers, pets, or the public.

 

4.1 At Will Termination: In cases where the dog-walker wishes to terminate their assignment at will prior to the completion of the assignment, the following conditions shall apply

   a. For daily walks: 20% of the total amount based on the number of completed sessions will be levied as administrative charges.

   b. For monthly walks:

    i. 15 days of advance written notice will need to be served by the dog-walker. The notice must be sent to admin@collrs.com. The full and final              settlement and payment will be made within 45 days from the date of termination.

    ii. In case a 15 days advance written notice cannot be served and the walker seeks to immediately terminate their service(s), the security                        deposit (as per section 3.2.2) + 15% of the remaining pay-out amount will be levied as administrative charges and the full and final settlement          and payment will be made within 45 days from the date of termination.

 

Walkers leaving the assignment without any notice or communication would be considered absconding from assignment(s) and the company is not obligated to honor remittances or payments under such circumstances. Any future claims of unsettled funds must be accompanied with sufficient evidence to prove the reason(s) of absence resulting in termination of services. Acceptable justifications and evidence can be served for situations listed below –

  • Life Events – Death/Child Birth

  • Severe Medical Condition (vehicular or personal injury)/ sudden Illness.

 

Upon satisfactory review of such evidence(s) furnished by the dog-walker the payment shall be made in accordance to the terms defined in section 4.1(b)(ii) by amending “date of termination” with the date when a decision is made based on the furnished evidence. The company is not obligated to honor full and final settlements or payments in case of unsatisfactory evidences furnished by the dog-walker.

5.0 Assignment Allocation:

  1. On successful allocation of an assignment, a meeting will be scheduled between the walker and the Collrs customer i.e. the “meet and greet” session. The walker is responsible for familiarizing themselves with the pet and be comfortable in agreeing to walking the pet.

  2. Once meeting is done, walker updates Collrs, the same day.

  3. Once Collrs completes its formalities with the customer, the walk sessions shall commence.

  4. As indicated via email, phone communication, or via Collrs Website or Mobile app, the dog-walker will be required to report at the pet owner’s residence as per scheduled date and time.

  5. The dog-walker is expected to complete all the sessions valid for the active assignment(s).

  6. The company reserves the right to allocate the walkers at its own discretion, wherever and whenever it deems fit based on the volume and demand of dog-walking assignments.

 

6.0 Essential Checklist:

  1. Arrive at the pick-up location address on the agreed and assigned date and time, at least 10-15 minutes in advance. Being punctual is the first step towards professionalism, showing proper care for the pet and respect for the customer’s time.

  2. For the safety and security of the pet and the dog-walker, the pet must be handed over to you by the dog-owner personally. Family member is acceptable, however if a domestic help is handing over the pet, please make sure that you indicate that the pet was handed over to someone other than the pet owner or their immediate relative at the end of the session. (applicable for app usage only)

  3. The dog-walker is expected to perform a 30minutes walk for every session, unless specified otherwise.

  4. The pet must be leashed at all times during the walk. There are no exceptions to this.

  5. For your and the pet’s safety, do not speak on the phone while walking a dog. Be aware of your surroundings and respect general public during the session. Remember, not everyone may be comfortable around a dog. Avoid crowded places and/or areas, use the pedestrian walkway (foot path) whenever possible. If you intend to go for the walk in a public park make sure walking pets are allowed there.

  6. Carry a bottle of drinking water for your own purposes.

  7. The dog-walker is responsible for bringing back the pet safe and sound at the end of the session. The drop-off location of the dog should be the same as the pick-up location (in most cases it is the owner’s residential address).

  8. If the pet is required to be picked up from a residence in a gated community or apartment complex where gate check-in/security check-in is required, then you may need to check-in at the gate. Follow the community rules and procedures accordingly.

  9. The dog-walker is responsible of following all the instructions as specified in the assignment. The instructions may include (but not limited to) the pet’s health issues, triggers and/or other preferences.

  10. The dog-walker can ask the pet owner for treats/food items that may help calm down the pet in case it gets anxious. You may ask to carry some of the treats/food items provided by the pet owner during the walk. Never feed the pet any un-approved food items that includes but not limited to street food/table food/bread/sugar cookies/biscuits etc. Remember, every breed has their unique food and nutritional requirements, always check with the owner about their pet before commencing the walk.

 

7.0 Content

 

7.1 Your Content We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Collrs platform or otherwise in connection with using the Collrs platform (collectively, “Your Content”). For example, dog-walkers may be invited to create a profile page with a photograph and other information via the website or mobile application or during application submission, while Pet Owners may submit reviews of dog-walkers.

 

7.2 License Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Collrs an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Collrs Service, and to sublicense these rights to third parties. This shall exclude personal identifiable official documents (such as identity documents, personal documents etc.) submitted to Collrs at the time of application.

 

7.3 Release If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Collrs and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.

 

7.4 Reviews The Collrs Platform may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Collrs has no obligation to preserve or indefinitely store any reviews. If you are a dog-walker, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Collrs Platform, whether before or after termination of your account from the Collrs Platform. 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 Collrs platform at any time.

8.0 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Collrs prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, or communicated via email, and will not be effective as to any claim that was filed in a legal proceeding against Collrs prior to the effective date of removal.

9.0 Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COLLRS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Collrs platform; (2) breach of these Terms; (3) disputes with other users of the Collrs platform; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any 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. 10.0 Limitation of Liability

 

10.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Collrs be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Collrs Service, including without limitation damages related to any information received from the Collrs Service, removal of your profile information or review (or other content) from the Collrs Service, any suspension or termination of your access to the Collrs platform, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Collrs Service, even if we are aware of the possibility of any such damages, losses or expenses.

10.2 Limit on Our Liability to You. Whilst the Company may put reasonable effort in terms of screening the details of the Dog-walkers whose profiles are provided to us, through a third party service provider, the company cannot fully guarantee the accuracy of such information or background check results. As a result, You agree, understand and acknowledge that:

In addition to the foregoing, there are risks, including but not limited to the risk of of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses, or physical harm. You assume all risks associated with dealing with other users with whom you come in contact through the Collrs platform. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that You will use caution and common sense when using the Collrs platform, notwithstanding the efforts and endeavors that are undertaken by Collrs to protect  Your interest. Despite the reasonable efforts that Collrs undertakes in checking the veracity of the Dog-walker profiles in the platform, Collrs cannot and does not confirm that each user is who they claim to be. Because the Company does not and cannot be involved in User-to-User dealings or control the behaviour of participants on the Collrs Platform. You agree and acknowledge that the Company is responsible for sharing the information shared by the customer in Collrs platform with the Dog-walker(s) in terms herein. Upon sharing such information, the engagement of the Dog-walker and the customer is bound by the terms of the Booking. Notwithstanding the steps undertaken by the Company in relation to the screening of the Dog-walkers, the onus and responsibility lies with the Customer to satisfy themselves with the authenticity and credibility of the Dog-walker. You agree and acknowledge that despite the screening of the credentials of the Dog-walkers by the Company, any action / inaction of the Dog-walkers that may be detrimental to the Customer, their pets, or any other third party cannot be foreseen and preempted, and you agree to release the company from claims or actions arising out of such damages. In the event that You  have a dispute with one or more Users of the Collrs platform, including in relation to the screening of the details of the Dog-walkers, You release Collrs (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. The Collrs platform content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Content. The use of Collrs platform and its Content is at your own risk. The Company cannot guarantee and does not promise any specific results from use of the platform and Collrs Services. No advice or information, whether oral or written, obtained by a User from Collrs platform shall create any warranty or guarantee not expressly stated herein.

10.3 No Liability for non-Collrs Actions. IN NO EVENT WILL COLLRS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE COLLRS SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, DEATH OF THE PET, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE COLLRS SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE COLLRS 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. IF YOU HAVE A DISPUTE WITH A DOG WALKER, YOU AGREE TO RELEASE COLLRS FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL COLLRS BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR DOG WALKER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

11.0 Disclaimer of Warranty

THE COMPANY DOES NOT WARRANT THAT COLLRS.COM, ITS MOBILE APP, CERTAIN EMAIL ADDRESSES, OR PHONE NUMBERS WILL OPERATE ERROR-FREE OR THAT ANY COLLRS.COM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF COLLRS.COM SITE OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COLLRS.COM SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COLLRS.COM SITES AND COLLRS.COM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COLLRS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE COLLRS.COM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

These “Terms of Service” constitute a binding agreement between You and the Company, and is accepted by You upon your use of the Collrs platform or Collrs Service, as per the provisions of the Indian Contract Act, 1872.

Updated, Jan 19,2020