1. Acceptance

1.1 You accept these Terms by making a booking for our Daycare Services via our website (Booking), or, where no Booking is made, by instructing us to proceed with the provision of the Daycare Services.

2. Daycare Services

2.1 Our Daycare Services include the following:

(a) supervision by dog lovers and pet first aid trained staff;

(b) where instructed by you, feeding your dog in accordance with clause 2.7;

(c) where instructed by you, providing medication to your dog in accordance with clause 2.8; and

(d) education and training, including supporting you in understanding your dogs’ unique needs and personality.

2.2 In consideration of your payment of the Price, we will provide the Daycare Services in accordance with these Terms, whether ourselves or through our Personnel.

2.3 You must make a Booking at least 24 hours prior to the date on which you require us to provide the Daycare Services.

2.4 We will use reasonable endeavors to ensure our Booking system reflects our capacity in real time, however we reserve the right to terminate a Booking at any time including where we do not have appropriate space or staff available.

2.5 We may allow Bookings with less than 24 hours’ notice or walk-ins without a Booking, however this is assessed on a case-by-case basis and is subject to our capacity.

2.6 In order to be eligible to be considered for the Daycare Services, you must provide us with information on your dog, including its likes, dislikes, current registered veterinary clinic, and vaccination information – including an image of the dog’s vaccination booklet. Further information regarding the information we collect is as set out in our Privacy Policy, available here.

2.7 We do not provide meals in the course of providing the Daycare Services. However, if you to provide us with your dog food of choice we will use reasonable endeavors to feed the dog in accordance with your instructions.

2.8 Should your dog require medication during their stay with us, you are required to provide us with such medication, and we will use reasonable endeavors to medicate the dog in accordance with your instructions. We reserve the right to refuse to accept your dog for the Daycare Services if we, in our sole discretion, determine we are unable to facilitate your dog’s medication needs.

Refusal & Withdrawal of Dogs

2.9 You acknowledge and agree that we reserve the right to refuse to provide our Daycare Services to any dogs at any time (including before or after a Booking) at our discretion, including, but not limited to, refusing Daycare Services for any banned breeds, dogs with behavioral issues, or dogs with an unsatisfactory vaccination history.

2.10 Where a dog becomes dangerous or problematic in the course of providing our Daycare Services, we will notify you and you agree to collect the dog as soon as reasonably practicable. We reserve the right to quarantine the dog until such time it is collected by you.

2.11 Where a dog is refused or withdrawn from our Daycare Services in accordance with clause 2.9 and clause 2.10, we will refund you a pro-rata amount for any Daycare Services paid for but not received in accordance with these Terms.

2.12 All variations to the Daycare Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Daycare Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

3. Your Obligations and Warranties

3.1 You acknowledge and agree:

(a) in the event of a medical emergency, we will use reasonable endeavors to take your dog to your nominated veterinarian, however, where required, we may have your dog treated by a veterinarian of our choice. In either event, you agree you will meet the payment of those costs directly to the veterinarian, or in the instance we have been required to pay these costs you will immediately reimburse us and agree the full amount shall be considered a recoverable debt from you;

(b) that we may, in our sole discretion determine what constitutes a medical emergency for the purposes of clause 3.1(a) and we are not required to obtain your prior approval before seeking veterinarian services on your behalf; and

(c) that whilst your dog is staying with us, we may at times photograph or video your dog, and we reserve the right to use this media at out discretion, including in any learning materials or on our website/s or social media.

3.2 You represent, warrant, and agree:

(a) that you will inform us if your dog is of a dangerous status;

(b) that your dog is de-flead, microchipped, wormed, and fully vaccinated and you have provided us with the necessary documentation as proof of compliance with this clause;

(c) that your dog is in good health, and is not, and has not in the 14 days immediately prior to our provision of the Daycare Services, been unwell, coughing or had diarrhoea;

(d) to comply with this Agreement and all applicable Laws; and

(e) that you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Daycare Services, and that the information and documentation you provide to us is true, correct and complete.

3.3 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3, including any consequential losses arising from your deliberate, knowing or negligent breach of clause 3.

4. Drop Off/Pick Up and Late Fee

4.1 You agree that you are responsible for delivering and collecting your dog by the Delivery Time and Collection Time, unless otherwise agreed between the Parties.

4.2 You agree that if you fail to collect your dog by the Collection Time, we will charge you $30 per half hour or part thereof) following the Collection Time up until 8:00pm (Late Fee).

4.3 For the avoidance of doubt, this Late Fee is payable in full for any minute beyond the Collection Time, and in thirty-minute intervals following. For example, where you are 1-30 minutes late, a $30 Late Fee will be payable. Where you are 31-60 minutes late, a $60 Late Fee will be payable.

4.4 Where you fail to collect your dog before 8pm, we will charge you an overnight fee of $120.00 (excl. GST), in addition to the Late Fees, plus any expenses incurred in housing the dog, until such date the dog is collected by you, including but not limited to housing or kennel fees, food and transportation. We note that any dogs who stay with us overnight will be housed by staff or a third party, and will not remain on-site.

5. Price and Payment

5.1 In consideration for us providing the Daycare Services, you agree to pay all amounts due under these Terms as set out on our website.

5.2 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

(a) after a period of 5 Business Days from the relevant due date, cease providing the Daycare Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

(b) charge interest at a rate equal to the Reserve Bank of New Zealand’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

5.3 When applicable, Goods and Services Tax (under the Goods and Services Tax Act 1985 (GST) payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges.

6. Packages

6.1 We may allow you to purchase a bundle of Full Days or Half Days at once (Package). Packages must be paid in advance in a one-off lump sum.

6.2 You acknowledge that, even where you have purchased a Package, you are required to make a Booking for the Daycare Services with at least 24 hours’ notice in accordance with clause 2.3 and will be subject to availability.

6.3 You acknowledge and agree that any Packages must be used within 90 days from the date the Package is purchased. Any days which are not used will not automatically be refunded or rolled over onto a following Package, and will be assessed on a case-by-case basis.

7. Subscription

7.1 We may offer payment of the Price for the Daycare Services on a subscription basis.

7.2 You may purchase a subscription by paying the Price outlined on the website in advance on a weekly basis or by some other interval as agreed between the Parties (Billing Cycle).

7.3 The Bookings and walk-in requests of Subscription holders will be prioritised wherever possible.

7.4 We reserve the right to adjust the Price for the subscription at any time with 14 days’ notice. After the notice period has lapsed, we will apply the changes to your subscription. If you reject the changes, you may cancel your subscription with effect from the date we apply the changes to your subscription by providing written notice to us.

7.5 The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

8. Confidential Information

8.1 Subject to clause 8.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other Party.

8.2 Clause 8.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 8.1.

8.3 This clause 8 will survive the termination of these Terms.

9. Consumer Law

9.1 Certain legislation, including New Zealand Consumer Law and similar consumer or animal protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Daycare Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms exclude your Consumer Law Rights.

9.2 You agree that our Liability for the Daycare Services is governed solely by the NZCL, any regulatory protections for animal services, and these Terms.

9.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Daycare Services) are provided to you without warranties, representations and guarantees of any kind, except where expressly provided in these Terms.

9.4 This clause 9 will survive the termination or expiry of these Terms.

10. Liability

10.1 Despite anything to the contrary, to the maximum extent permitted by Law:

(a) neither Party will be liable for Consequential Loss;

(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and

(c) our Liability is limited (at our discretion) to supplying the Daycare Services again or paying the cost of having the Daycare Services supplied again; and

(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Daycare Services to which the Liability relates.

10.2 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) your or your Personnel’s acts or omissions;

(b) biting, injury, disappearance or accidental death of a dog;

(c) any complications in administering medications to the animal;

(d) any works, services, goods, materials or items which do not form part of the Daycare Services (as expressed in these Terms), or which have not been provided by us;

(e) the Daycare Services being unavailable, or any delay in us providing the Daycare Services to you, for whatever reason; and/or

(f) any event outside of our reasonable control.

10.3 Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:

(a) Our engagement of a veterinarian in accordance with clause 3.1(a); or

(b) any information, documentation, specifications or directions given by you or your Personnel.

10.4 This clause 10 will survive the termination or expiry of these Terms.

11. Cancellation and Termination

11.1 You may cancel a Booking at any time by giving 24 hours’ notice in writing to us. Where you cancel a Booking with less than 24 hours’ notice, the full Price for the Booking will remain payable.

(a) We may cancel a Booking at any time in accordance with clause 2.4.

(b) Where you have purchased a subscription for the Daycare Services in accordance with clause 7, either Party may terminate such subscription at any time by giving 14 days’ notice in writing to the other Party. To avoid doubt, the Price for the subscription will remain payable in the 14-day notice period.

11.2 These Terms and any Booking will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

11.3 Upon expiry or termination of these Terms and/or a Booking:

(a) we will immediately cease providing the Daycare Services;

(b) any payments made by you to us for Daycare Services already performed are not refundable to you;

(c) you are to pay for all Daycare Services provided prior to termination, including Daycare Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;

(d) by us pursuant to clause (a), you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

(e) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 8.

11.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

11.5 This clause 11 will survive the termination or expiry of these Terms.

12. General

12.1 Amendment: Subject to clauses 2.12, these Terms may only be amended by written instrument executed by the Parties.

12.2 Assignment: Subject to clauses 12.3 and 12.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

12.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

12.4 Disputes: Neither Party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the New Zealand Disputes Resolution Centre.

12.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

12.6 Governing Law: These Terms is governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

12.7 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

12.8 Publicity: Despite clause 8, you agree that we may advertise or publicise the broad nature of our supply of the Daycare Services to you, including on our website or in our promotional material.

12.9 Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

12.10 Subcontracting: We may subcontract the provision of any part of the Daycare Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

13. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Terms, and:

Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.

Business Day means a day on which banks are open for general banking business in Auckland, New Zealand, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date these Terms is signed by the last of the Parties.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price will not constitute “Consequential Loss”.

Daycare Services means the Daycare Services set out in the Terms and on our website.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Full Day means a full day of receiving the Daycare Services, as further set out on our website.

Half Day means a half day of receiving the Daycare Services, as further set out on our website.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Daycare Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the price set out on our website or as otherwise agreed between the Parties, as adjusted in accordance with these Terms.