Pawland Guarantee Terms
Effective: Mar 1, 2023
Pet Owners and Service Providers may benefit from the Pawland Guarantee, which is subject to these Terms and Conditions (the “Guarantee Terms”). These Guarantee Terms apply in addition to Pawland’s Terms of Service (the “Pawland TOS”) and other terms and policies set forth on the Pawland Service. Unless otherwise defined in these Guarantee Terms, all capitalized terms will have the meaning set forth in the Pawland TOS.
The Pawland Guarantee
Subject to all of the limitations, exclusions and conditions in these Guarantee Terms, Pawland agrees to pay (the “Pawland Guarantee”) a Requesting Party when a Responsible Party fails to pay for certain pet veterinary expenses as well as certain costs arising from Pet Owner property damage or personal injury to a Third Party, all as specifically set forth below (the “Covered Losses”).
As used herein, “Requesting Party” means and is limited to an applicable Service Provider or Pet Owner who is eligible to request payments for a Covered Loss under these Guarantee Terms; “Responsible Party” means, as applicable, (a) a Service Provider whose acts or omissions are the direct and primary cause of a Covered Loss, or (b) a Pet Owner whose pet is the direct and primary cause of a Covered Loss; and “Third Party” means a natural person who is not a Service Provider, a Pet Owner, the roommate, family member or significant other of a Service Provider or Pet Owner, or any other person providing animal care on the Service Provider’s behalf. (This means that the Pawland Guarantee does not provide coverage for injuries to Service Providers, Pet Owners, or their roommates or families.)
The purpose of the Pawland Guarantee is to promote user confidence in, and increase use of, the Pawland Service. THE Pawland GUARANTEE IS NOT INSURANCE. THESE GUARANTEE TERMS ARE NOT INTENDED TO BE AN OFFER TO INSURE OR AN INSURANCE CONTRACT AND DO NOT TAKE THE PLACE OF ANY INSURANCE COVERAGE YOU MAY HAVE. TO THE EXTENT ANY Pawland USERS DESIRE PROTECTION BEYOND THE SCOPE OF THE Pawland GUARANTEE, THEY MUST PURCHASE INSURANCE THAT WILL PROVIDE SUFFICIENT COVERAGE. NO PET OWNER, SERVICE PROVIDER, THIRD PARTY OR OTHER PERSON, OTHER THAN THE REQUESTING PARTY WHO MEETS THE CONDITIONS OF THESE GUARANTEE TERMS WITH RESPECT TO THE CORRESPONDING COVERED LOSS, HAS ANY RIGHTS UNDER THESE GUARANTEE TERMS OR ANY OTHER MATERIALS OR REPRESENTATIONS REGARDING THE Pawland GUARANTEE. THERE ARE NO THIRD- PARTY BENEFICIARIES TO THESE GUARANTEE TERMS OR ANY OTHER MATERIALS OR REPRESENTATIONS REGARDING THE Pawland GUARANTEE.
You must comply with all applicable requirements and conditions to be eligible for the Pawland Guarantee.
General Conditions, Limitations and Exclusions.
When you submit a claim for reimbursement under the Pawland Guarantee, you agree to use your best efforts to communicate honestly and transparently with Pawland (or its agents), including by promptly providing documentation or information reasonably requested by Pawland to assist with its review process (including information regarding applicable insurance, such as homeowners or renters policies).
In addition, the following terms and conditions apply to all Covered Losses:
(a) The cost(s) for which you seek reimbursement must arise from injury or damage that occurred during the scheduled start and end dates of a Booking accepted by the Service Provider and Pet Owner prior to the day of the injury or damage, and must be a direct and proximate result of the booked services. (This means that costs arising from injuries or damages sustained during a pre-Booking “meet & greet”, or any other service not subject to a Booking are not eligible for reimbursement.)
(b) Payment for the Booking during which the injury or damage occurred must exceed 150 AED per service date and must be completed via the Pawland Service.
(c) The injury or damage for which you seek reimbursement must have been directly and proximately caused by the acts or omissions of a Service Provider (or, in the case of injury to a Service Provider’s pet by a Pet Owner’s pet, the acts or omissions of the Owner).
(d) You must notify Pawland of your claim via phone number, chatbot or Whatsapp bot provided on the website, during the Booking (or, if later, within 48 hours following the injury or damage).
(e) Before the Pawland Guarantee applies, Pawland will, in its discretion, first try to help Requesting Parties resolve problems with Responsible Parties directly or otherwise confirm independently that the Responsible Party is unwilling or unable to pay.
(f) If a Service Provider cedes care, custody or control of a pet to a third party during the service period for a Booking, reimbursement is not available to that Service Provider as a Requesting Party for injuries to pets or damages that occur during the period in which care, custody or control was ceded. If, during the service period for a Booking, a Pet Owner instructs, authorises or otherwise causes a Service Provider to relinquish the Pet Owner’s pet to a third party, reimbursement for injuries or damages that occur during that Booking also will be unavailable.
(g) The Pawland Guarantee does not extend to the following:
- Damage, injury or other loss or claim resulting from the care of any animal in violation of Section 4 of the Pawland TOS (including, for avoidance of doubt, any animal whose ownership or third-party care is prohibited by, or subject to registration under, applicable law).
- Damage, injury or other loss arising from a Service Provider’s care of any Third Party animal(s) alongside a Pet Owner’s pet during a Booking.
- Damage, injury or other loss or claim arising in any way from automotive liability, including loss arising from any car or other vehicular accident or incident.
- Damage, injury or other loss or claim arising from acts of nature, such as earthquakes, hurricanes and tornadoes, or from exigencies caused by other factors beyond the parties’ reasonable control, such as (without limitation) wildfires or lack or failure of public utilities or Internet service due to external factors.
- Losses not directly caused by a Responsible Party’s acts or omissions, including without limitation consequential damages, special damages, interruption of business, opportunity costs, loss of use, or loss associated with unauthorised access to data.
(h) The Pawland Guarantee is subject to the Pawland TOS. Pawland reserves the right to deny a reimbursement request in the event that the loss, injury or damage arose, in whole or in part, from conduct by a claimant that violates the Pawland TOS.
Covered Losses for Pet Injury.
Subject to these Guarantee Terms (including without limitation Section 2, above), Pawland will reimburse verifiable veterinary expenses arising from injuries to: (1) a Pet Owner’s pet while in a Service Provider’s
care or control; (2) a Service Provider’s own resident pet caused by a Pet Owner’s pet under the Service Provider’s care; and (3) a Third Party’s pet caused by a Pet Owner’s pet in the Service Provider’s care.
(a) Additional Conditions and Limitations. A claim for reimbursement of pet veterinary expenses under the Pawland Guarantee is subject to the following additional conditions and limitations:
- Within 7 days following the injury, you must submit written documentation from a board-certified practising veterinarian that (a) specifies the costs incurred for which reimbursement is sought, (b) states the diagnosis and confirms that the injury did not result from an illness, breed-specific condition or pre-existing condition, (c) confirms that the injury occurred during the time period of the Booking, and (d) provides any other information we reasonably request.
- Only costs incurred for treatment provided within 14 days following the date of the injury are eligible for reimbursement.
- Reimbursement is limited to 5,000 AED per occurrence/incident.
- A minimum contribution of 1000 AED is required per request-related incident, payable by the Pet Owner for injury to a Pet Owner’s pet, and by the Service Provider for injury to the Service Provider’s pet. This means that requests for reimbursement that do not exceed 1000 AED will not trigger any reimbursement.
(b) Specific Exclusions. The following are not eligible for reimbursement under this Section 3:
- Costs incurred more than 14 days following the date of injury, including without limitation any long-term care costs resulting from the injury.
- Costs or liabilities arising from a Pet Owner’s, Service Provider’s or Third Party’s refusal to authorise medical care for his or her own pet.
- Injuries resulting from a pet’s contraction of fleas, ticks, worms or other parasites during a Booking (or a recurrence of a parasite issue first contracted prior to a Booking).
- Injuries resulting from (or from a recurrence of) a Pre-Existing Condition, Breed-Specific Condition, Chronic Condition, Orthopaedic Condition, Undetermined Cause Illness, Preventable Illness or Proptosis (as such terms are defined in Subsection (c) below).
- Costs or expenses resulting from a pet’s pregnancy, illness, or recurrence of illness, or for preventative care.
- Non-medical expenses of any kind (including professional training, grooming and pet food).
- Any costs or expenses other than direct damages resulting from injury to the Pet Owner’s, Service Provider’s or an applicable Third Party’s pet, including without limitation those resulting from (a) personal injury to the Service Provider, Pet Owner, or any third party, (b) property damage or liability, (c) injury to any other pet, (d) emotional distress or “pain and suffering”, or (e) loss of wages, cancelled travel plans, or any other incidental expenses.
(c) Key Definitions. Capitalised terms used above in this Section 3 have the following meanings:
- “Pre-Existing Condition” means any injury, disease or condition, whether diagnosed by a veterinarian or not, that affected a pet prior to a Booking, including without limitation respiratory infections, urinary tract/bladder infections, blood disorders, periodontal/dental disease, and vomiting, diarrhea, and other gastrointestinal disorders.
- “Breed-Specific Condition” means any condition that frequently occurs in a particular breed of dog, including without limitation brachycephalic syndrome (common in Pekingese, Bulldogs, French Bulldogs, Pugs, Chow Chows, Boston Terriers and others), hip and/or elbow dysplasia (common in Afghan Hounds, Beagles, Border Collies, Chow Chows, Golden Retrievers, German
- Shepherds, Great Danes, Labrador Retrievers, and others), Hypothyroidism (common in Bulldogs, Border Collies, Boston Terriers, Poodles, Great Danes, English Setters, and Standard Schnauzers and others, especially large breeds), intervertebral disc disease (IVDD) (common in Beagles, Cocker Spaniels, Dachshund, English Setters, French Bulldogs, Pekingese, Poodles, Pugs and others), other disc issues (common in Basset Hounds, Bulldogs, Corgis, Dachshunds, Pomeranians, Pugs and others), patellar luxation (common in Boston Terriers, Cavalier King Charles, Chihuahuas, Pomeranians, Poodles, Yorkshire Terriers and others, especially small breeds), and Gastric dilatation and Volvulus, otherwise known as Bloat (common in Great Danes, German Shepherds, St. Bernard, Labrador Retriever, Irish Wolfhound, Great Pyrenees, Boxer, Weimaraner, Old English Sheepdog, Irish Setter, Collie, Bloodhound, Standard Poodle and others).
- “Chronic Condition” means an illness or condition that is persistent or otherwise has long-lasting effects and that generally cannot be prevented by vaccines or cured by medication, including without limitation allergies, dermatitis/hot spots, ear infections, cancer, diabetes, IBD (inflammatory bowel disease), Addison’s disease, Cushing’s disease, dry eyes (KCS), epilepsy, glaucoma, hypothyroidism or hyperthyroidism, lipomas and skin masses, and urinary or bladder crystals or blockage.
- “Orthopaedic Condition” means a disorder of the musculoskeletal system and any associated muscles, joints, and ligaments. This includes but is not limited to arthritis, IVDD & cruciate ligament tears, bicipital tenosynovitis, elbow dysplasia, hip dysplasia, fragmented medial coronoid process of the ulna (FMCP), orthopaedic illness or injury on the opposite side of a prior injury, osteochondrosis (OCD), osteosarcoma and other orthopaedic cancers, patellar luxation, and ununited anconeal process (UAP).
- “Undetermined Cause Illness” means any condition for which the cause is undetermined or any condition that amounts to a “diagnosis of exclusion,” including without limitation autoimmune conditions, Hemorrhagic Gastroenteritis, Pancreatitis, Colitis, Stress related symptoms, Enteric Coronavirus, Cardiac disease, Bordetellosis (“kennel cough”), Canine parvovirus infection (“parvo”), Distemper, Canine influenza, Gastrointestinal disease, any form of cancer and Immune Mediated Hemolytic Anemia.
- “Preventable Illness” means any illness or condition that could have been prevented by vaccination or normal veterinary care, including without limitation Rabies, Canine parvovirus infection (“parvo”), Leptospirosis, Distemper, Adenovirus2, Parainfluenza, Enteric Coronavirus, Canine Influenza, Lyme disease, Bordetellosis (“kennel cough”), Heartworm disease, Intestinal worms, Mange, and Staphylococci.
- “Proptosis” means the displacement of an eye out of the eye socket, typically occurring following trauma to the head.
Covered Losses for Damage to Pet Owner Property.
Subject to these Guarantee Terms (including without limitation Section 2, above), Pawland will reimburse a Pet Owner as Requesting Party for expenses that a Service Provider is legally obligated (but fails) to pay for damage to the Pet Owner’s personal property (other than injury or damage to his or her pet, covered above in Section 3).
(a) Additional Conditions and Limitations. A claim for reimbursement of expenses arising from damage to Pet Owner property is subject to the following additional conditions and limitations:
Within 7 days following the incident causing property damage, you must (y) submit written documentation of the same, including clear photographs of the claimed damage, proof of:
- ownership, and receipts or other reliable evidence of fair market value and/or repair cost, and (z) provide any other information we reasonably request.
- Only expenses arising from damages incurred during the Booking and paid for remediation occurring within 14 days after the Booking are eligible for reimbursement.
- Reimbursement is limited to 5,000 AED per occurrence/incident but in all cases will not exceed the lesser of the cost of replacement or the cost of repair, at Pawland’s sole discretion.
A minimum contribution of 1000 AED is required per request-related incident, payable by the Pet Owner, for damage to the Pet Owner’s property. This means that requests for reimbursement that do not exceed 1000 AED will not trigger any reimbursement.
(b) Specific Exclusions. The following are not eligible for reimbursement:
- Damage to the Pet Owner’s own personal property caused by his or her pet.
- Damage to property of the Service Provider (or anyone related to, living with or providing care on behalf of the Service Provider).
- Ordinary wear and tear, meaning deterioration that occurs under normal use and conditions.
- Loss due to intentional or criminal acts, including theft.
- Any form of automotive vehicle, including without limitation automobile, aircraft or watercraft.
- Currency, money, precious metal, securities or negotiable instruments.
- Crops, timber, or other natural or cultivated features of the land.
- Food, consumables and other perishables.
- Fine art or heirlooms, meaning paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, analog film or audio recordings, negatives, records, manuscripts, drawings, and other similar property of rarity or historical, archival or sentimental value.
- Electronic Data, meaning audio or video recordings, photographs, drawings, records, manuscripts, data, information, files, facts, programs or other materials stored in digital or electronic format, whether in computer software, systems application software, disk, CD-ROM, tapes, drives, cells, data processing devices, cloud storage, or any other media.
Covered Losses for Third Party Injury.
Subject to these Guarantee Terms (including without limitation Section 2, above), Pawland will reimburse a Third Party, on behalf of a Requesting Party, for actual, out-of-pocket medical costs directly arising from personal, physical injury to a Third Party resulting from an interaction with a Pet Owner’s pet while under the care of such Service Provider, where Pawland accepts (acting reasonably) that such injury would give rise to a valid legal claim by the Third Party.
(a) Additional Conditions and Limitations. A claim for reimbursement of expenses arising from Third Party injury is subject to the following additional conditions and limitations:
- Within 7 days following the incident causing personal injury, you must (a) submit written documentation of the same, including clear photographs of the injury, verifiable receipts for necessary medical treatment showing the out-of-pocket costs, and any explanation(s) of benefits, and (b) provide any other information we reasonably request.
- Only injuries incurred during a Booking are eligible for reimbursement.
- Reimbursement is limited to 1,000 AED per occurrence/incident (the “Limit”)
(b) Specific Exclusions. The following are not eligible for reimbursement:
Costs, expenses or damages based on a Service Provider’s assumption of liability in a contract or written agreement.
- Costs, expenses or damages based on claims for defamation, intellectual property infringement, or other personal and advertising injury.
- Losses due to intentional or criminal acts, including assault.
- Physical or personal injury or damage to Service Providers, Pet Owners or their respective roommates or families.
- Agreements of Service Providers and Pet Owners.
- (a) Inspection of Loss. Each Requesting Party agrees to produce or make available for inspection, at such reasonable times and places as may be designated by Pawland or any claims administrator or agent, all evidence of loss, damage, cost, ownership or other claim-related information. Notwithstanding the foregoing, Pawland will have no liability to Pet Owners, Service Providers or any other person because of any inspection or failure to inspect.
(b) Legal Compliance. Service Providers are solely responsible for carrying insurance sufficient to comply with legal requirements in the jurisdictions where Service Providers provide services. The Pawland Guarantee does not suffice for that purpose. Pawland does not verify whether Service Providers have obtained insurance, and Pet Owners are advised to inquire directly with Service Providers about this subject.
(c) Claim Settlement. Pawland may condition final payment of costs under the Pawland Guarantee on execution of a Guarantee Settlement Agreement, including a release of claims against Pawland or any other applicable party and an obligation to keep confidential the reimbursement amount and circumstances. Where an approved claim under the Pawland Guarantee involves the Covered Loss of a party other than the Requesting Party, Pawland reserves the right (but has no obligation) to pay all or a portion of the approved amount to such third party.
(d) Offset; Subrogation. Amounts payable under the Pawland Guarantee are in excess of applicable insurance coverage. Pawland reserves the right to offset or deduct from amounts payable to you any amounts it may have or obtain from any other person or entity obligated to compensate for Covered Losses. Pawland and/or Pawland’s insurers have the right to subrogate against any person or entity allegedly responsible for causing the losses in question, even if that person or entity is you. You hereby agree that, in connection with any payments made under the Pawland Guarantee, you will cooperate fully with Pawland in its efforts at subrogation.
(e) Amendment; Termination. Except as prohibited by law, Pawland may modify or terminate the Pawland Guarantee at any time in the manner described in Section 1 of the Pawland TOS, and such modification or termination will apply to incidents occurring after the effective date of the modification or termination. Pawland also reserves the right to modify the Pawland Guarantee to the extent required to comply with applicable law, including in the event that a regulatory authority determines that Pawland must obtain any licence or other governmental permission to provide the Pawland Guarantee. In addition, except in the case of a suit filed to enforce these Guarantee Terms, you acknowledge and agree that all benefits made available to you under the Pawland Guarantee shall immediately terminate in the event you initiate any action, suit or claim against Pawland, or its officers, directors, employees, contractors, agents, or affiliates, concerning a claim otherwise subject to reimbursement under these Guarantee Terms.
(f) No Waiver. Pawland’s failure to enforce any right or provision of these Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Pawland.
(g) Disclaimers, Limitation of Liability, Arbitration. You acknowledge and agree that any claims arising from or in relation to the Pawland Guarantee or these Guarantee Terms are subject to the Pawland TOS, including the Warranty Disclaimer and (except for Pawland’s obligation to pay amounts pursuant to an approved reimbursement request made under the Pawland Guarantee) the Limitations of Liability set forth in the Pawland TOS. You further acknowledge and agree that any dispute or claim relating in any way to the Pawland Guarantee will be adjudicated in accordance with the applicable manner set forth in the Pawland TOS.
Pet Loss & Indemnification
If Pet Owner’s pet(s) accidentally is lost, Pet Owner waives and releases Pawland Domestic Pets Boarding LLC & it’s pet sitters from any claim arising from such an incident. Pet Owner shall hold harmless and indemnify Pawland Domestic Pets Boarding LLC & it’s pet sitters against any and all costs, expenses, losses, liabilities and claims arising out of or relating to any acts of Pet Owner’s pet(s).
In cases of Pet Sitter visiting the client’s home for pet sitting services, Pet Owner shall hold harmless and indemnify Pawland Domestic Pets Boarding LLC & it’s pet sitters for any actions or negligence on the part of third party agencies visiting the premises such as cleaning, plumbing, carpentry or any other such services conducted within the boundaries of the Pet Owner(s) premise.
If you have any questions, concerns, or clarifications, please contact us via the chatbot or Whatsapp bot provided on our website.