TERMS & CONDITIONS

MY PET WALKER LIMITED

Company Registration Number: 11215766
Registered Office: My Pet Walker Ltd, 247 Bury Old Road, Prestwich, Manchester, M25 1JE7

Effective Date: August 2025

CONTENTS

  1. Interpretation
  2. User Engagement
  3. Service Fees
  4. Money-Back Guarantee
  5. Services
  6. User Data
  7. Third Party Providers
  8. Platform Status and Liability Limitations
  9. MPWL’s Obligations
  10. User Conduct and Prohibited Use
  11. Charges, Payment, Payouts and Cancellations
  12. Recurring Bookings and Payments
  13. Proprietary Rights
  14. Confidentiality
  15. Indemnity
  16. Limitation of Liability
  17. Term and Termination
  18. Force Majeure
  19. Waiver
  20. Severance
  21. Entire Agreement
  22. Assignment
  23. No Partnership or Agency
  24. Third Party Rights
  25. Notices
  26. In-App Chat Services (Appy Chat)
  27. Push Notifications
  28. Service Level Agreement (SLA)
  29. Dispute Resolution
  30. Governing Law and Jurisdiction
  31. Data Processing Agreement
  32. Intellectual Property Policy
  33. Privacy Policy

RECITALS

WHEREAS:

(a) MPWL has developed certain software applications and platforms which it makes available to subscribers via the internet on a subscription basis to facilitate its Users’ professional pet service businesses.

(b) The User wishes to use the Services in its business operations.

(c) MPWL has agreed to provide, and the User has agreed to take and pay for, the Services subject to the terms and conditions of this agreement. Service fees apply only to payments processed through the Platform’s online payment system.

NOW THEREFORE IT IS HEREBY AGREED:

1. INTERPRETATION

1.1 Definitions

In this agreement, the following terms shall have the meanings set out below:

“Admin” means the business or company owner using the Services as the primary account holder.

“Authorised Users” means those employees, agents and independent contractors of the User who are authorised by the User to use the Services and the Documentation.

“Business Day” means any day which is not a Saturday, Sunday or Bank Holiday in the UK.

“Cancelling Party” means the User, Authorised User or the Client who is the person enacting the cancellation process for any booking.

“Client” means the Admin’s, company’s or business’s clients using the Services.

“Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 14.

“Data Controller” has the meaning given in Section 31 (Data Processing Agreement).

“Data Processor” has the meaning given in Section 31 (Data Processing Agreement).

“Documentation” means the documents made available by MPWL to the User online via the Website and App or such other web address notified by MPWL to the User from time to time, which facilitate the Services.

“Effective Date” means the date of this agreement.

“GDPR” means UK General Data Protection Regulation (UK GDPR) as defined in the Data Protection Act 2018, as amended.

“Initial Subscription Term” means the initial term of this agreement.

“Normal Business Hours” means 09:00 to 17:00 London time (GMT/BST as applicable), each Business Day. All time references in this agreement refer to London, UK time, automatically adjusting for British Summer Time.

“Platform” means the My Pet Walker App, MPWL or Appy Chat.

“Prospective User” means a party that receives the Services during Website and App Testing.

“Renewal Period” means the period described in Clause 17.1.

“Services” means the My Pet Walker scheduling and billing service provided by MPWL to the User under this agreement via the Website and App or any other website notified to the User by MPWL from time to time, as more particularly described in the Documentation.

“Software” means the My Pet Walker App and/or any other online software applications provided by MPWL as part of the Services.

“Staff” means the Admin’s staff or team members.

“Support Services” means MPWL’s procedure for providing support to the Services as made available via the Website and App or such other Website address as may be notified to the User from time to time.

“User” (and “You”) means the person, firm, business or company contracting with and receiving the Services of MPWL, under the terms of this agreement.

“User Data” means the data inputted by the User, Authorised Users or MPWL on the User’s behalf to use the Services or facilitate the User’s use of the Services.

“User Payment Information” means any details provided by the User and/or required by MPWL for the purchase of Services from the Website and App, including credit card and/or debit card numbers, bank account numbers and sort codes.

“Virus” means anything or device (including any Software, code, file or programme) which may:

  • prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
  • prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or
  • adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.

“Website” means the domain (and any sub-domains or associated domains of this site, including www.mypetwalker.co.uk) that includes the Website and App content.

“Website Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being electronically stored that appears on the Website.

1.2 Rules of Interpretation

1.2.1 Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.

1.2.2 A person includes an individual, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.

1.2.3 A reference to a Company shall include any company, corporation or other corporate body, wherever and however incorporated or established.

1.2.4 Words in the singular shall include the plural and vice versa.

1.2.5 A reference to one gender shall include a reference to the other genders.

1.2.6 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.2.7 A reference to writing or written includes letters, email, text messages, chat messages and WhatsApp, but not fax.

1.2.8 References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement. References to “Schedules to Section 31” are references to the schedules contained within Section 31 (Data Processing Agreement).

1.2.9 “User Engagement” is the act of signing up to an account with MPWL, and the User Engagement is the entire period for which a User is using the software.


2. USER ENGAGEMENT

2.1 Eligibility

You must be at least 18 years of age and possess the legal capacity to enter into binding contracts to use the Services. By registering an account or accessing the App, You represent and warrant that You meet these requirements. Account deletion can be initiated at any time through the “Delete My Account” button in the Help and Support section.

2.2 Grant of Rights

Subject to the User entering into this agreement under the restrictions set out in this Clause 2 and the other terms and conditions of this agreement, MPWL hereby grants to the User a non-exclusive, non-transferable right to permit the Authorised Users to use the Services and the Documentation during the Engagement Term solely for the User’s internal business operations, provided that the User maintains all appropriate licences required for their business operations.

2.3 Authorised Users

In relation to the Authorised Users, the User undertakes that:

2.3.1 Each Authorised User shall keep a secure OTP (One-Time Password) for their use of the Services and Documentation, and each Authorised User shall keep this OTP confidential. Should the Authorised User log out, a new OTP will be issued; and

2.3.2 It shall permit MPWL to audit the Services on an ad-hoc basis and at MPWL’s discretion.

2.4 Prohibited Content

The User shall not access, store, distribute or transmit any Viruses, or any material during its use of the Services that:

2.4.1 Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

2.4.2 Facilitates illegal activity;

2.4.3 Depicts sexually explicit images;

2.4.4 Promotes unlawful violence;

2.4.5 Is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or

2.4.6 In a manner that is otherwise illegal or causes damage or injury to any person or property;

and MPWL reserves the right, without liability or prejudice to its other rights to the User, to disable the User’s access to any material that breaches the provisions of this Clause.

2.5 Restrictions

The User, Authorised User, and Prospective User shall not:

2.5.1 Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under this agreement, attempt to:

  • 2.5.1.1 Copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
  • 2.5.1.2 Reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or

2.5.2 Access all or any part of the Services and Documentation to build a product or service which competes with the Services and/or the Documentation; or

2.5.3 Use the Services and/or Documentation to provide Services to third parties; or

2.5.4 Subject to Clause 22.1, licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party except the Authorised Users; or

2.5.5 Attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this Clause 2.

2.6 Security

The User shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify MPWL.

2.7 Scope of Rights

The rights provided under this Clause 2 are granted to the User only and shall not be considered granted to any subsidiary or holding company of the User.

2.8 Login Requirements

IMPORTANT: Each Admin and Staff user must use their unique login credentials to access the Platform. Sharing of login details between individuals is strictly prohibited. MPWL reserves the right to suspend or terminate access to any account found to be used by more than one person.

Any actions taken under a shared account will be deemed to have been made with the full authority of the account holder. MPWL accepts no liability for losses, errors, or miscommunication arising from unauthorised or shared use of login credentials.

For security and audit purposes, Admins are required to ensure each member of their team has their User account.

2.9 Anti-Money Laundering Compliance

2.9.1 Users must comply with all applicable anti-money laundering (AML) and counter-terrorist financing (CTF) legislation and regulations.

2.9.2 Users warrant that:

  • All funds processed through the Platform are derived from legitimate sources.
  • They will not use the Services for money laundering, terrorist financing, or any other illegal financial activities;
  • They will provide accurate identification information when requested.

2.9.3 MPWL reserves the right to:

  • Conduct enhanced due diligence on Users processing high-value transactions;
  • Report suspicious activities to the relevant authorities.
  • Suspend or terminate accounts pending AML investigations;
  • Withhold funds where required by law or regulation.

2.9.4 For high-value transactions exceeding £10,000 per month, MPWL reserves the right to:

  • Request additional identification documentation
  • Verify the source of funds
  • Conduct enhanced background checks
  • Report suspicious activity to relevant authorities without notice to the User

2.10 Reputational Conduct

2.10.1 Users must not engage in any conduct that brings or could reasonably be expected to bring MPWL, the Platform, or the Services into disrepute.

2.10.2 MPWL reserves the right to immediately suspend or terminate any User account where the User’s actions, statements, or associations may damage the reputation, integrity, or goodwill of MPWL or its Services.

2.11 Tax and VAT Compliance

2.11.1 Users warrant that they will comply with all applicable tax obligations, including but not limited to income tax, corporation tax, and VAT requirements.

2.11.2 Users must not use the Services to facilitate, enable, or engage in tax evasion, VAT fraud, or any other form of fiscal non-compliance.

2.11.3 MPWL reserves the right to immediately suspend or terminate any User account where there is a reasonable suspicion of tax evasion or VAT fraud, and to report such activities to relevant authorities, including HMRC.

2.12 Licensing Compliance

2.12.1 Users operating as daycares, boarding facilities, kennels, or catteries must maintain all appropriate and valid licences required by law for their operations.

2.12.2 MPWL reserves the right to immediately suspend or terminate any User account pending investigation where:

  • A User’s licence has been revoked by the relevant authorities.
  • There is reasonable suspicion that a User is operating without the required licences.
  • A User is under investigation by licensing authorities.

2.12.3 Users must notify MPWL immediately if their licence status changes or if they become subject to licensing investigations.

2.13 VAT and Tax Compliance

2.13.1 All fees quoted are exclusive of VAT unless otherwise stated. Users are responsible for paying any applicable VAT at the prevailing rate.

2.13.2 Users warrant that they:

  • Are registered for VAT where required by law
  • Will provide valid VAT numbers upon request
  • Will account for reverse charge VAT where applicable
  • Maintain complete and accurate tax records

2.13.3 Users shall indemnify MPWL against any tax liabilities, penalties, or interest arising from the User’s failure to comply with tax obligations.

2.14 Business Users Only

These Terms apply exclusively to business users. By accepting these Terms, you warrant and represent that:

  • You are entering into this agreement in the course of business
  • You have the authority to bind your business entity
  • You are not contracting as a consumer

2.15 Suspension Rights

MPWL reserves the right to immediately suspend or terminate any User account, without prior notice, where:

  • Any payment is overdue by more than 7 days
  • There is a material breach of these Terms
  • The User’s actions, conduct, or associations may damage the reputation, integrity, or goodwill of MPWL or its Services
  • The User becomes insolvent or enters into any insolvency proceedings

2.16 Business Warranties

By using the Services, Users warrant and represent that:

  • They have the full capacity and authority to enter into these Terms
  • They are solvent and not subject to any insolvency proceedings
  • Their use of the Services will comply with all applicable laws and regulations
  • They will maintain appropriate business records as required by law

3. SERVICE FEES

3.1 Transaction Fees

The User shall pay 2% plus 20p (inclusive of VAT) for all bookings and payments made through the MPWL online payment system or when paying invoices via Stripe, as per the pricing schedule set out on the MPWL Website and App. If the amount is not a whole number, such as 1.9p, it will be rounded up to the closest whole number.

Payments due will be processed on Monday and issued on Wednesday. Should Monday be a Bank Holiday, then payment will be processed on Tuesday and issued on Thursday.

Note: These fees do not apply to cash payments or direct bank transfers arranged outside the Platform’s payment system.

3.2 Fee Deduction

This amount shall be automatically deducted from the total booking amount when payments are processed through the Platform’s online payment system. The User hereby authorises Stripe to process these amounts on MPWL’s behalf.

3.3 Account Deletion

You can delete your account at any time through the “Delete My Account” button in the Help and Support section of the app. This is subject to any information that needs to be retained by law, including but not limited to:

  • Licensing records required by DEFRA or other regulatory bodies
  • Financial records required by HMRC for tax purposes
  • Any information involved in ongoing licensing, regulatory, or criminal inquiries
  • Records required for legal compliance or dispute resolution

MPWL will retain only the minimum information necessary to comply with legal obligations following account deletion.


4. MONEY-BACK GUARANTEE

4.1 Guarantee Period

MPWL offers a 3-month money-back guarantee (“Guarantee Period”) from the date of initial subscription for any subscription fees paid by the User, subject to the following conditions:

4.2 Eligibility Requirements

To be eligible for the money-back guarantee, Users must:

  • Request the refund in writing to hello@mypetwalker.co.uk within the Guarantee Period
  • Have made a genuine attempt to use the Services
  • Not have violated any terms of this agreement

4.3 What’s Covered

The money-back guarantee applies ONLY to:

  • Monthly or annual subscription fees paid to access the Platform
  • Initial setup or onboarding fees (if any)

4.4 What’s Not Covered

The money-back guarantee explicitly EXCLUDES:

  • Transaction fees (2% + 20p) on bookings and payments
  • Payout fees (0.25% + 10p)
  • Any funds processed through the Platform for client bookings
  • Third-party payment processing fees
  • Any other fees not directly related to the Platform subscription

4.5 Right to Refuse

MPWL reserves the right to refuse the money-back guarantee if there is evidence of abuse, fraud, or bad faith use of the Services.

4.6 Processing

Refunds under this guarantee will be processed within 10 Business Days of approval and will be issued via the original payment method.


5. SERVICES

5.1 Service Provision

MPWL shall, during the Engagement Term, provide the Services and make available the Documentation to the User on, and subject to, the terms of this agreement.

5.2 Service Availability

MPWL shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:

5.2.1 Planned maintenance carried out during the maintenance window of Friday 18:15 to 20:00 for a maximum of 15 minutes, or any other planned maintenance that will be communicated to the User no less than 24 hours before such maintenance takes place; and

5.2.2 Unscheduled maintenance performed outside Normal Business Hours, provided that MPWL has used reasonable endeavours to give the User at least two Normal Business Hours’ notice in advance.

5.3 Support Services

MPWL will, as part of the Services and at no additional cost to the User, provide the User with MPWL’s standard customer Support Services during Normal Business Hours under MPWL’s Support Services procedure in effect at the time that the Services are provided. MPWL may amend the Support Services procedure in its sole and absolute discretion from time to time.


6. USER DATA

6.1 Data Ownership

The User shall own all right, title and interest in and to all of the User and Client data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User and Client data. The User should supply their own Terms and Conditions, Social Media and Privacy Policy documentation for their Authorised Users and Clients.

6.2 Data Backup

MPWL shall follow its archiving procedures and undertake backups of User data every hour. In the event of any loss or damage to User and Client data, the User’s sole and exclusive remedy shall be for MPWL to use reasonable commercial endeavours to restore the lost or damaged User and Client data from the latest back-up of such data maintained by MPWL. MPWL shall not be responsible for any loss, destruction, alteration or disclosure of User and Client data caused by any third party.

6.3 Privacy Policy

MPWL shall, in providing the Services, comply with its privacy policy (the “Privacy Policy”) relating to the privacy and security of the User and Client data available at the Website and App or such other website address as may be notified to the User from time to time, as such document may be amended from time to time by MPWL in its sole discretion.

6.4 Data Processing

If MPWL processes any personal data on the User’s behalf when performing its obligations under this agreement, the parties record their intention that the User shall be the data controller and MPWL shall be a data processor, and in any such case, the detailed terms governing such processing are set out in Section 31 (Data Processing Agreement).

Additionally:

6.4.1 The User acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the User and the Authorised Users are located to carry out the Services and MPWL’s other obligations under this agreement.

6.4.2 The User shall ensure that they are entitled to transfer the relevant personal data to MPWL so that MPWL may lawfully use, process and transfer the personal data under this agreement on the User’s behalf.

6.4.3 The User shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.

6.4.4 MPWL shall process the personal data only under the terms of this agreement and any lawful instructions reasonably given by the User from time to time.

6.4.5 Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.


7. THIRD PARTY PROVIDERS

The User acknowledges that the Services may enable or assist it to access the Website and App Content of, correspond with, and purchase products and services from third parties via third-party websites and that it does so solely at its own risk. MPWL makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the User, with any such third party.

Any contract entered into and any transaction completed via any third-party website is between the User and the relevant third party, and not MPWL. MPWL recommends that the User refer to the third party’s website terms and conditions and privacy policy before using the relevant third-party website. MPWL does not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Services.


8. PLATFORM STATUS AND LIABILITY LIMITATIONS

8.1 Platform Role

MPWL operates solely as a technology platform and intermediary, connecting pet service providers (“Service Providers”) with pet owners (“Clients”). MPWL is not a pet care provider and does not employ, endorse, or control any Service Providers using the Platform.

8.2 Disclaimer of Liability

MPWL expressly disclaims all liability for:

8.2.1 The quality, safety, legality, or reliability of pet care services provided by Service Providers;

8.2.2 Any disputes, claims, or disagreements arising between Service Providers and Clients;

8.2.3 Any injury, loss, or damage to pets during the provision of services, including but not limited to illness, escape, theft, or death;

8.2.4 The accuracy of any information provided by Service Providers or Clients;

8.2.5 Any failure by Service Providers to obtain appropriate insurance, licences, or qualifications.

8.3 Direct Contractual Relationships

Users acknowledge that all pet care services are provided under a direct contractual relationship between the Service Provider and Client. MPWL is not a party to such contracts and assumes no responsibility for their performance.


9. MPWL’S OBLIGATIONS

9.1 Service Standards

MPWL undertakes that the Services will be performed substantially under the Documentation and with reasonable skill and care.

9.2 Limitations

The undertaking at Clause 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to MPWL’s instructions, or modification or alteration of the Services by any party other than MPWL or MPWL’s duly authorised contractors or agents.

If the Services do not conform to the foregoing undertaking, MPWL will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the User with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the User’s sole and exclusive remedy for any breach of the undertaking set out in this clause.

Notwithstanding the foregoing, MPWL:

9.2.1 Does not warrant that the User’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the User through the Services will meet the User’s requirements; and

9.2.2 Is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

MPWL is not responsible for any uncaptured payments, failed transactions, or payment processing errors that occur due to third-party payment processor issues, network failures, or User error.

9.3 No Exclusivity

This agreement shall not prevent MPWL from entering into similar agreements with third parties, or from independently developing, using, selling or licensing Documentation, products and/or Services which are similar to those provided under this agreement.

9.4 Compliance

MPWL warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement, including compliance with all applicable Apple App Store and Google Play Store terms of service, guidelines, and policies. MPWL will ensure the Platform adheres to all app store requirements regarding in-app purchases, content guidelines, privacy requirements, and technical specifications. MPWL has the right to regularly review and update its terms and conditions when required.


10. USER CONDUCT AND PROHIBITED USE

10.1 Acceptable Use

You agree to use the Services and Platform only for lawful, authorised, and respectful purposes. You must not:

10.1.1 Use the Services in violation of any applicable local, national, or international laws or regulations;

10.1.2 Impersonate MPWL, any MPWL staff member, another User, or any other individual or entity;

10.1.3 Attempt unauthorised access to any part of the Platform, its data, or underlying systems;

10.1.4 Interfere with or disrupt the integrity or performance of the Platform, including through the introduction of malware, scripts, or harmful code;

10.1.5 Use the Platform to transmit or facilitate spam, chain messages, junk mail, or any unauthorised promotional content;

10.1.6 Act in a manner that could reasonably be expected to damage the reputation, operations, or goodwill of MPWL or its Users.

10.2 Respectful Behaviour and Anti-Harassment

All Users must interact with others in a respectful, inclusive, and professional manner. MPWL strictly prohibits:

10.2.1 Harassment, intimidation, discrimination, or bullying on any basis (including but not limited to race, sex, religion, age, disability, or identity);

10.2.2 Use of abusive, defamatory, violent, or threatening language or conduct within any part of the Platform;

10.2.3 Engaging in behaviour likely to create a hostile, unsafe, or uncomfortable environment for other Users, Clients, or MPWL staff.

10.2.4 MPWL reserves the right to investigate and, where appropriate, suspend or terminate User accounts without prior notice.

10.3 Review and Rating Guidelines

Where review or feedback functionality is offered:

10.3.1 Reviews must reflect genuine, first-hand experience and be fair, relevant, and constructive;

10.3.2 Users must not post misleading, malicious, fabricated, or paid-for reviews;

10.3.3 MPWL may moderate, remove, or withhold publication of reviews that violate these Terms or applicable law.

10.4 Communication and Payment Practices

10.4.1 The Platform’s messaging tools must be used strictly for service-related communications. You agree not to:

  • 10.4.1.1 Send unsolicited promotional or personal content via in-app messaging;
  • 10.4.1.2 Use the messaging system to harass, threaten, or otherwise disturb other Users;
  • 10.4.1.3 Circumvent MPWL’s platform features in a manner intended to avoid responsibilities or abuse system functions.

10.4.2 MPWL permits flexibility in payment arrangements. Users may agree to transact via Stripe (subject to service fees), direct bank transfer, or cash, provided both parties consent and comply with applicable law. Service fees apply only to payments processed through the Platform’s online payment system or Stripe. Users must not misuse this flexibility to engage in fraud, solicit off-platform transactions that violate MPWL policies, or bypass service fees without prior agreement.

10.5 Platform Security and Technical Use

Users must not:

10.5.1 Introduce any virus, worm, logic bomb, or other malicious or technologically harmful material;

10.5.2 Use automated tools (such as bots or scrapers) to access, copy, or interact with the Platform without prior written authorisation;

10.5.3 Access, modify, or interfere with any part of the Platform not explicitly provided for public or authorised use.

10.6 System Requirements and Specification Compliance

10.6.1 You are responsible for ensuring that Your devices, systems, and browsers are compatible with MPWL’s current technical specifications. This includes, but is not limited to:

  • 10.6.1.1 Android devices: using the latest version of Google Chrome; Android 12 minimum
  • 10.6.1.2 iPhone/iPad/iMac/iOS devices: using the latest version of Safari; iOS version 14 minimum
  • 10.6.1.3 Laptops and Desktops: using up-to-date versions of Google Chrome, Firefox, or Microsoft Edge.

10.6.2 MPWL may update these specifications from time to time. Failure to comply may impact functionality, and MPWL shall not be responsible for any performance limitations arising from outdated or incompatible systems.


11. CHARGES, PAYMENT, PAYOUTS AND CANCELLATIONS

11.1 Service Fees

The User shall pay 2% plus 20p for all bookings and payments processed through the MPWL online payment system or when paying invoices via Stripe, as set out in Clause 3 and on the MPWL Website and in the Money section of the Admin App. These fees do not apply to cash payments or direct bank transfers arranged outside the Platform’s payment system.

11.2 Fee Deduction

This amount shall be automatically deducted from the total booking amount when payments are processed through the Platform’s online payment system. The User hereby authorises Stripe to process these amounts on MPWL’s behalf.

11.3 Payment Processing

Online payments from Users and Clients are processed via the Stripe Payment Gateway. Stripe is responsible for all fraud mitigation and may require identity verification, including passport or driving licence details. MPWL is not a party to this data. This clause applies only to payments processed through the Platform’s online payment system.

11.4 Payout Schedule for Completed Bookings

Payouts for services completed in the previous week that were paid through the Platform’s online payment system are triggered automatically every Monday and may take up to three (3) Business Days to arrive in the Admin’s nominated bank account. A payout fee of 0.25% + 10p per payout will be deducted from each payout amount to cover Stripe processing costs.

If Monday is a UK Bank Holiday, the payout is initiated on the next Business Day. The receiving banks vary in their processing times, which may cause further delay outside MPWL’s control.

11.5 Manual Payouts via “Send Me My Money”

In addition to automated payouts, Admins may manually request a payout at any time from the day after a service has taken place by using the “Send Me My Money” button in the Admin App. This applies only to funds received through the Platform’s online payment system. This will initiate a payout under the same conditions as the automated schedule, including the payout fee of 0.25% + 10p and may also take up to three (3) Business Days to arrive in the nominated account, depending on the receiving bank’s processing time.

11.6 Funds Held for Future Bookings

MPWL reserves the right to retain funds related to future-dated bookings that were paid through the Platform’s online payment system to provide financial coverage in the event of cancellations, chargebacks, or refund obligations. Additionally, MPWL may withhold funds where there is an ongoing investigation by police, regulatory authorities, licensing bodies, or where required by law.

11.7 No Payouts for Services Not Rendered

MPWL will not, under any circumstances, release funds for services that were not fulfilled. This applies to all payments processed through the Platform’s online payment system. The only way to reverse a transaction and release funds is through formal cancellation of the booking by either the Admin or Client, at which point a refund may be issued in accordance with the refund rules below.

Where a User account is under investigation by police, councils, licensing authorities, or other regulatory bodies, or where the account has been suspended or terminated, MPWL reserves the right to extend the standard payout timelines until such investigations are concluded or as directed by the relevant authorities. MPWL will notify the User of any extended hold periods where legally permitted to do so.

11.8 Transaction Cost Responsibility on Cancellation

For bookings paid through the Platform’s online payment system:

11.8.1 If the Admin cancels the booking, the Admin shall bear the transaction cost (including any non-refundable Stripe processing fees).

11.8.2 If the Client cancels, the Client bears the transaction cost.

11.8.3 In both cases, the refunded amount will be issued net of transaction charges, unless explicitly waived in writing.

11.9 Rescheduling Before Cancellation

Prior to issuing any refund for bookings paid through the Platform’s online payment system, the Admin must first offer the Client the opportunity to reschedule the booking at no extra cost. Refunds should only be initiated where rescheduling is not accepted or feasible.

11.10 Recurring Payments

All recurring payment transactions processed through the Platform’s online payment system are subject to Stripe’s identity and security standards and are governed further by Clause 12 (Recurring Bookings and Payments).

11.11 Financial Dispute Evidence Requirements

11.11.1 In any dispute regarding payments, fees, refunds, or any financial calculations:

  • The party alleging an error must provide clear documentary evidence supporting their claim
  • Such evidence must include transaction IDs, dates, amounts, and supporting documentation
  • MPWL is not obligated to prove the accuracy of its calculations without first receiving substantive evidence of the alleged error
  • Unsubstantiated claims or disputes lacking proper evidence may be dismissed without further investigation

11.11.2 Users acknowledge that all financial calculations are automated and audited. Any challenge to these calculations must be accompanied by specific, verifiable evidence of the discrepancy.

11.12 Set-Off Rights

MPWL may, at any time and without notice, set off any amounts owed by the User against any amounts payable to the User, regardless of the source of either obligation.

11.13 Negative Balances

Negative balances occur when transaction fees exceed available funds in an Admin’s account. This typically happens because:

  • When a booking is processed through the Platform’s online payment system, non-refundable transaction fees are charged by Stripe
  • When refunds are issued, the transaction fees are deducted from the Admin’s balance
  • Multiple cancellations can accumulate significant negative balances

Example: If an Admin has multiple bookings cancelled in succession, each cancellation incurs transaction fees that may exceed their available balance.

Liability for Negative Balances

Liability for transaction fees follows the cancellation rules set out in Clause 11.8:

  • Admin-initiated cancellations: Admin bears the transaction fees, creating or increasing negative balance
  • Client-initiated cancellations: Client bears the transaction fees (deducted from their refund as per Clause 11.8.2)
  • MPWL-initiated cancellations: Including those made during account suspension or termination procedures (see Clause 17.3.5), the Admin remains liable for all accumulated transaction fees

Negative balances primarily arise from Admin-initiated cancellations or MPWL-initiated cancellations (such as during account termination), where the Admin is responsible for the non-refundable transaction fees.

Recovery of Negative Balances

MPWL will recover negative balances through the following methods:

  1. Automatic deduction from future bookings and payments processed through the Platform
  2. Direct invoice to the Admin for immediate payment where:
    • The account has been terminated or suspended
    • No future bookings are anticipated
    • The negative balance exists
    • The negative balance has remained outstanding for more than 30 days

Payment Terms for Negative Balances

  • Invoiced amounts are due within 14 days of invoice date
  • MPWL reserves the right to charge interest on overdue amounts at 8% per annum above the Bank of England base rate
  • Persistent negative balances may result in account suspension under Clause 2.15
  • MPWL may engage debt collection services for outstanding amounts, with all associated costs borne by the Admin

Prevention and Monitoring

Admins are advised to:

  • Monitor their account balance regularly
  • Maintain sufficient funds to cover potential cancellation fees
  • Consider the impact of cancellations on their account balance
  • Contact MPWL support if experiencing difficulty managing negative balances

12. RECURRING BOOKINGS AND PAYMENTS

12.1 Recurring Payment Support

MPWL will support recurring bookings and automatic payment scheduling within the Services, which may be configured by the Admin or, where permitted, by the Client. Recurring payments processed through the Platform’s online payment system are subject to the service fees outlined in Clause 3. (under development)

12.2 Payment Authorisation

When activated, recurring payment settings constitute ongoing payment instructions authorising automated charges via the Stripe Payment Gateway. All such payments are subject to the applicable service fees. (Under development)

12.3 Client Amendments

Clients who wish to amend or cancel a recurring schedule must request such changes through the Admin. It is the Admin’s responsibility to action these requests. MPWL accepts no liability for delays or disputes between Admin and Client.

12.4 Non-Refundable

Once processed through the Platform’s online payment system, recurring payments are non-refundable unless Admin allows for it within their company terms and conditions or required by law or agreed between Admin and Client. MPWL is not a party to such arrangements and does not mediate disputes.

12.5 Configuration

Recurring settings may include: frequency, amount, start/end dates, and booking type. Admins are solely responsible for verifying the accuracy of these configurations.

12.6 Notifications

MPWL may, at its discretion, introduce notifications or safeguards to alert Users of upcoming recurring payments, but bears no liability for missed cancellations or misconfigurations.

12.7 Security Standards

All recurring payment transactions processed through the Platform’s online payment system are subject to Stripe’s terms, security standards, and identity verification requirements, as outlined in Clause 11.3.


13. PROPRIETARY RIGHTS

13.1 Intellectual Property

The User acknowledges and agrees that MPWL and/or its licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, this agreement does not grant the User any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.

13.2 Rights Confirmation

MPWL confirms that it has all the rights to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and under, the terms of this agreement.


14. CONFIDENTIALITY

14.1 Confidential Information

Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that:

14.1.1 Is or becomes publicly known other than through any act or omission of the receiving party;

14.1.2 Was in the other party’s lawful possession before the disclosure;

14.1.3 Is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

14.1.4 Is independently developed by the receiving party, which independent development can be shown by written evidence; or

14.1.5 Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

14.2 Confidentiality Obligations

Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this agreement.

14.3 Protection Measures

Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.

14.4 Third Party Actions

Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

14.5 MPWL’s Confidential Information

The User acknowledges that details of the Services and the results of any performance tests of the Services constitute MPWL’s Confidential Information.

14.6 User’s Confidential Information

MPWL acknowledges that the User data is the Confidential Information of the User.

14.7 Survival

This Clause 14 shall survive termination of this agreement, however arising.


15. INDEMNITY

15.1 User Indemnity

The User shall defend, indemnify and hold harmless MPWL against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the User’s use of the Services and/or Documentation, including any claims and/or disputes arising in connection with the My Pet Walker agreement.

15.2 MPWL Indemnity

MPWL shall defend the User, its officers, directors and employees against any claim that the Services or Documentation infringe any United Kingdom patent effective as of the Effective Date, copyright, trade mark, database right or right of confidentiality, and shall indemnify the User for any amounts awarded against the User in judgment or settlement of such claims, provided that:

15.2.1 MPWL is given prompt notice of any such claim;

15.2.2 The User provides reasonable co-operation to MPWL in the defence and settlement of such claim; and

15.2.3 MPWL is given sole authority to defend or settle the claim.

15.3 Remedies

In the defence or settlement of any claim, MPWL may procure the right for the User to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this agreement on two Business Days’ notice to the User without any additional liability or obligation to pay liquidated damages or other additional costs to the User.

15.4 Exclusions

In no event shall MPWL, its employees, agents and sub-contractors be liable to the User to the extent that the alleged infringement is based on:

15.4.1 A modification of the Services or Documentation by anyone other than MPWL; or

15.4.2 The User’s use of the Services or Documentation in a manner contrary to the instructions given to the User by MPWL; or

15.4.3 The User’s use of the Services or Documentation after notice of the alleged or actual infringement from MPWL or any appropriate authority.

15.5 Sole Remedy

The foregoing and Clause 16.4.2 state the User’s sole and exclusive rights and remedies, and MPWL’s (including MPWL’s employees’, agents’ and sub-contractors’) entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.


16. LIMITATION OF LIABILITY

16.1 Scope

This Clause 16 sets out the entire financial liability of MPWL (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User:

16.1.1 Arising under or in connection with this agreement;

16.1.2 In respect of any use made by the User of the Services and Documentation or any part of them; and

16.1.3 In respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

16.2 Disclaimers

Except as expressly and specifically provided in this agreement:

16.2.1 The User assumes sole responsibility for results obtained from the use of the Services and the Documentation by the User, and for conclusions drawn from such use. MPWL shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to MPWL by the User in connection with the Services, or any actions taken by MPWL at the User’s direction;

16.2.2 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and

16.2.3 The Services and the Documentation are provided to the User on an “as is” basis.

16.3 Liability Not Excluded

Nothing in this agreement excludes the liability of MPWL:

16.3.1 For death or personal injury caused by MPWL’s negligence; or

16.3.2 For fraud or fraudulent misrepresentation.

16.4 Liability Cap

Subject to Clauses 16.2 and 16.3:

16.4.1 MPWL shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and

16.4.2 MPWL’s total aggregate liability in contract (including in respect of the indemnity at Clause 15.2), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Fee paid for the User Subscriptions during the 12 months immediately preceding the date on which the claim arose.


17. TERM AND TERMINATION

17.1 Duration

This agreement shall, unless otherwise terminated as provided in this Clause 17, commence on the Effective Date and shall continue in perpetuity unless either party cancels this agreement. Users may terminate their account at any time using the “Delete My Account” button in the Help and Support section of the App.

17.1.1 If the User wishes to terminate their agreement, the User can terminate by:

  • Using the “Delete My Account” button in the Help and Support section of the App; or
  • Contacting MPWL support at hello@mypetwalker.co.uk and asking us to terminate their account.

If MPWL wishes to terminate the User agreement, we will notify the User in writing by either letter, email, text message or WhatsApp and include the reasons for the termination. If MPWL cancels the agreement, we will refund the remaining monies owed.

17.1.2 Otherwise terminated by the provisions of this agreement, and the Initial Subscription Term, together with any subsequent Renewal Periods, shall constitute the “Engagement Term”.

17.2 Termination by MPWL

Without prejudice to any other rights or remedies to which the parties may be entitled, MPWL may terminate this agreement without liability to the User if:

17.2.1 The User commits a material breach of any of the terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 7 days of the User being notified in writing of the breach; or

17.2.2 An order is made or a resolution is passed for the winding up of the User, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order in relation to the User; or

17.2.3 An order is made for the appointment of an administrator to manage the affairs, business and property of the User, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the User, or notice of intention to appoint an administrator is given by the User or its directors or by a qualifying floating charge holder (as defined in Paragraph 14 of Schedule B1 to the Insolvency Act 1986); or

17.2.4 A receiver is appointed of any of the other party’s assets or undertaking, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the User, or if any other person takes possession of or sells the User’s assets; or

17.2.5 The User makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or

17.2.6 The User ceases, or threatens to cease, to trade; or

17.2.7 There is a change of control of the User within the meaning of section 1124 of the Corporation Tax Act 2010; or

17.2.8 The User takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.

17.3 Consequences of Termination

On termination of this agreement for any reason:

17.3.1 All licences granted under this agreement shall immediately terminate;

17.3.2 Each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party;

17.3.3 Upon termination, MPWL will retain User data in accordance with its legal obligations, including but not limited to:

  • Records required for HMRC and tax purposes (typically 6 years)
  • Licensing records as required by DEFRA and other regulatory bodies
  • Any data required for ongoing or potential legal proceedings
  • Records necessary for regulatory compliance

The User may request a copy of their data by submitting a written request to MPWL within 30 days of termination. MPWL shall use reasonable commercial endeavours to provide a copy of the requested data in CSV format within 30 days of receipt of such request, provided that the User has, at that time, paid all fees and charges outstanding. The User shall pay all reasonable expenses incurred by MPWL in providing such data. MPWL will securely archive remaining data in accordance with its data retention policy and legal requirements.

17.3.4 The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

17.3.5 Handling of Ongoing Bookings Upon Termination:

  • (a) Upon termination, MPWL will cancel all future bookings;
  • (b) The Admin shall pay:
    • (i) All applicable transaction fees as per Clause 11.8 for bookings paid through the Platform’s online payment system that require refunding;
    • (ii) An administration fee of £100 + VAT per company for handling the termination process;
  • (c) This fee will be deducted from any remaining balance or invoiced separately;
  • (d) MPWL will process any refunds due to Clients for cancelled bookings in accordance with its standard refund procedures;
  • (e) Where possible, MPWL will provide the Admin with a summary of cancelled bookings for their records.

17.3.6 Handling of Funds Upon Suspension or Termination:

  • (a) Upon suspension or termination of a User account, any funds held by MPWL for completed services will be processed according to the standard payout model set out in Clause 11.4;
  • (b) Specifically:
    • (i) Funds for services completed prior to suspension/termination will be paid out on the following Monday.
    • (ii) Such funds will arrive in the User’s nominated bank account within three (3) Business Days;
    • (iii) Standard payout fees of 0.25% + 10p per payout will apply;
  • (c) No funds will be released for services that have not been completed at the time of suspension or termination;
  • (d) MPWL reserves the right to withhold funds where:
    • (i) There are outstanding fees, charges, or penalties owed to MPWL;
    • (ii) There is an ongoing investigation into fraud, money laundering, or other illegal activities;
    • (iii) There is an ongoing investigation by police, councils, licensing authorities, or other regulatory bodies;
    • (iv) Required by law, regulation, or court order;
    • (v) There are unresolved disputes or potential chargebacks;
  • (e) Where funds are withheld under subsection (d), MPWL will notify the User of the reasons and expected timeline for resolution, unless prohibited by law from doing so.

18. FORCE MAJEURE

MPWL shall have no liability to the User under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of MPWL or any other party), failure of a utility service or transport or telecommunications network, act of God, war, terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the User is notified of such an event and its expected duration.


19. WAIVER

19.1 Written Waiver

A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

19.2 Cumulative Rights

Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.


20. SEVERANCE

20.1 Invalid Provisions

If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

20.2 Modification

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.


21. ENTIRE AGREEMENT

21.1 Complete Agreement

This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

21.2 No Reliance

Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.


22. ASSIGNMENT

22.1 User Assignment

The User shall not, without the prior written consent of MPWL, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

22.2 MPWL Assignment

MPWL may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.


23. NO PARTNERSHIP OR AGENCY

Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability, and the exercise of any right or power).


24. THIRD PARTY RIGHTS

This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) under the Contracts (Rights of Third Parties) Act 1999.


25. NOTICES

25.1 Service of Notices

Any notice required to be given under this agreement shall be in writing and:

25.1.1 Sent by email to MPWL, or if addressed to the User, to the email address provided by the User to MPWL at the Effective Date; or

25.1.2 Delivered by hand; or

25.1.3 Sent by pre-paid first-class post; or

25.1.4 Sent by recorded delivery post to the other party at its address set out in this agreement, or such other address as may have been notified by that party for such purposes.

25.2 Deemed Receipt

A notice delivered by email or by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first Business Day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.


26. IN-APP CHAT SERVICES (APPY CHAT)

26.1 Chat Services

MPWL provides an in-app communication system called “Appy Chat” (the “Chat Services”) as part of the Services, enabling communication between Admins, Staff, and Clients. These Chat Services are subject to the terms herein and may be updated at MPWL’s discretion.

26.2 Licence

Users and Authorised Users are granted a non-exclusive, non-transferable licence to use the Chat Services strictly for lawful and legitimate business purposes.

26.3 Features

The Chat Services currently support the following features:

  • 26.3.1 One-to-one private chats
  • 26.3.2 Group chats and broadcast groups
  • 26.3.3 Rich text formatting (Markdown)
  • 26.3.4 Replies and threaded conversations
  • 26.3.5 Emoji reactions
  • 26.3.6 Message editing and deletion (with edit logs)
  • 26.3.7 File and media uploads
  • 26.3.8 Typing indicators and read receipts
  • 26.3.9 User presence tracking (online, idle, offline)
  • 26.3.10 Push notifications
  • 26.3.11 Voice and video calls (in development)

26.4 Monitoring

MPWL reserves the right to monitor or moderate Chat Services for quality control, legal compliance, or platform safety. Any use in breach of Clause 2.4 will result in immediate restriction or removal of access.

26.5 Prohibited Use

Users agree not to use Chat Services to transmit unlawful, abusive, or confidential material unrelated to the Services. Any misuse is grounds for suspension or termination under Clause 17.

26.6 Data Retention

Messages, including deletions and edits, are logged and retained under MPWL’s Data Processing and Privacy Policies. Users may request deletion of message data by contacting MPWL Support in writing.

26.7 Confidentiality

All chat data shall be treated as Confidential Information under Clause 14.

26.8 Security

MPWL shall implement technical and organisational measures to safeguard chat data under GDPR and as detailed in Schedule 3 to Section 31. MPWL aims to implement end-to-end encryption (E2EE) for relevant features where technically feasible.

26.9 Preferences

Notifications and chat preferences can be managed by Users within their account settings.

26.10 Sub-processors

Sub-processors engaged to deliver chat infrastructure and support services (including Chatwoot and WhatsApp) shall be included in the list maintained under Clause 31.10 of the Data Processing Agreement.


27. PUSH NOTIFICATIONS

27.1 Push Notification Services

By using the Services, Users may receive push notifications relating to bookings, messages, and service updates.

27.2 Management Options

Users can manage push notification preferences through:

  • Device settings (iOS/Android system settings)
  • In-app notification preferences
  • Account settings within the Platform

27.3 Consent

Users explicitly consent to receiving:

  • Transactional notifications (booking confirmations, cancellations, payment updates)
  • Service notifications (planned maintenance, security alerts)
  • Optional promotional/marketing notifications (opt-in required, sent occasionally)

27.4 Marketing Notifications

MPWL may occasionally send push notifications for marketing purposes to Users who have provided explicit opt-in consent. Such consent can be withdrawn at any time through the App settings or by contacting support. Marketing notifications will be limited and relevant to the Services.


28. SERVICE LEVEL AGREEMENT (SLA)

28.1 Uptime Guarantee

MPWL commits to providing at least 99.5% availability for its Services, measured on a monthly basis. Availability excludes planned maintenance windows, emergency maintenance, and force majeure events as described in Clause 18.

28.2 Support Response Times

MPWL provides support during Normal Business Hours (09:00–17:00 UK time, Monday to Friday). Support requests will be responded to within the following timeframes:

Severity LevelDescriptionTarget Response Time
CriticalComplete outage or major business-impacting issue2 Business Hours
HighSevere issue, but with a workaround possible4 Business Hours
MediumFunctional issue not affecting core use2-8 Business Days
LowMinor issue, cosmetic error, or general questionAdded to ongoing list

All Users can submit support requests via WhatsApp +447360001025, in-app chat or by email to hello@mypetwalker.co.uk.

28.3 Planned Maintenance

Planned maintenance occurs during off-peak windows to minimise User disruption:

Regular Maintenance Window:

  • Every Friday 18:15 to 20:00 (maximum 15 minutes)
  • No advance notice required for maintenance within this window

Extended or Additional Maintenance:

  • Any maintenance exceeding 15 minutes
  • Any maintenance outside the regular Friday window
  • Requires 24 hours’ advance notice

Regular Maintenance Activities include: App updates occur during the maintenance window of Friday 18:15 to 20:00 for a maximum of 15 minutes. If the App is expected to be offline for more than 15 minutes, we will give 24 hours’ notice.

Planned maintenance requiring downtime beyond the regular Friday maintenance window will be notified to Users at least 24 hours in advance by email or in-app alerts. Unscheduled maintenance, where possible, will be communicated with 2 Normal Business Hours’ notice as per Clause 5.2.2.


29. DISPUTE RESOLUTION

29.1 Internal Resolution

You must first attempt to resolve any complaints or disputes via our internal complaints process. Submit complaints to hello@mypetwalker.co.uk. We will respond within 2 Business Days and aim to resolve issues within 10 Business Days.

29.2 Mediation

If unresolved, either party may request mediation through a mutually agreed mediator, to take place within 30 days of notice. Both parties agree to participate in good faith before pursuing formal litigation.

29.3 Legal Proceedings and Time Limits

Disputes not resolved by mediation may be referred to the courts of England and Wales. All legal claims must be filed within 6 months of the event giving rise to the dispute.

29.4 Class Action Waiver

You agree not to pursue any claim as part of a class, collective, or representative action. Each dispute shall be resolved on an individual basis.


30. GOVERNING LAW AND JURISDICTION

30.1 Applicable Law

This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed under, the law of England.

30.2 Exclusive Jurisdiction

The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).


31. DATA PROCESSING AGREEMENT

This section regards the processing of personal data and regulates My Pet Walker Ltd’s (the “Data Processor”) processing of personal data on behalf of the User (the “Data Controller”) and forms part of these Terms & Conditions in which the parties have agreed the terms for the Data Processor’s delivery of Services to the Data Controller.

WHEREAS:

31.0.1 The Data Controller, from time to time, engages the Data Processor to provide to the Data Controller the services described in Schedule 1 to this Section 31.

31.0.2 The provision of the services by the Data Processor involves it in processing the personal data described in Schedule 2 to this Section 31 on behalf of the Data Controller.

31.0.3 Under UK General Data Protection Regulation (UK GDPR) as defined in the Data Protection Act 2018, as amended (Article 28, Paragraph 3), the Data Controller is required to put in place an agreement in writing between the Data Controller and any organisation which processes personal data on its behalf, governing the processing of that data.

31.0.4 The Parties have agreed to enter into this agreement to ensure compliance with the said provisions of the UK GDPR in relation to all processing of the personal data by the Data Processor for the Data Controller.

31.0.5 The terms of this agreement are to apply to all processing of personal data carried out for the Data Controller by the Data Processor and to all personal data held by the Data Processor in relation to all such processing.

31.1 Definitions And Interpretation

31.1.1 In this section, unless the context otherwise requires, the following expressions have the following meanings:

“Data Controller”, “Data Processor”, “processing”, and “data subject” shall have the meanings given to the terms “controller”, “processor”, “processing”, and “data subject” respectively in Article 4 of the UK GDPR;

“ICO” means the UK’s supervisory authority, the Information Commissioner’s Office;

“Personal data” means all such “personal data”, as defined in Article 4 of the UK GDPR, as is, or is to be, processed by the Data Processor on behalf of the Data Controller, as described in Schedule 2 to this Section 31;

“Services” means those services described in Schedule 1 to this Section 31, which are provided by the Data Processor to the Data Controller and which the Data Controller uses for the purposes described in Schedule 1 to this Section 31;

“Sub-Processor” means a sub-processor appointed by the Data Processor to process the personal data; and

“Sub-Processing Agreement” means an agreement between the Data Processor and a Sub-Processor governing the personal data processing carried out by the Sub-Processor, as described in Clause 31.10.

31.1.2 Unless the context otherwise requires, each reference in this section to:

31.1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic transmission or similar means, including email, text messages, chat messages and WhatsApp;

31.1.2.2 A statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

31.1.2.3 “this Agreement” is a reference to this agreement and each of the Schedules as amended or supplemented at the relevant time;

31.1.2.4 A Schedule is a schedule to this Section 31; and

31.1.2.5 A Clause or paragraph is a reference to a Clause of this Section 31 (other than the Schedules) or a paragraph of the relevant schedule.

31.1.2.6 A “Party” or the “Parties” refer to the parties to this agreement.

31.1.3 The headings used in this section are for convenience only and shall have no effect upon the interpretation of this section.

31.1.4 Words imparting the singular number shall include the plural and vice versa.

31.1.5 References to any gender shall include all other genders.

31.1.6 References to persons shall include corporations.

31.2 Scope And Application Of This Agreement

31.2.1 This section applies where and only to the extent that Data Processor processes personal data that originates from the EEA and/or that is otherwise subject to EU Data Protection Law on behalf of the Data Controller as Data Processor in the course of providing services pursuant to this agreement.

31.2.2 The provisions of this section shall apply to the processing of the personal data described in Schedule 2 to this Section 31, carried out for the Data Controller by the Data Processor, and to all personal data held by the Data Processor in relation to all such processing, whether such personal data is held at the date of this agreement or received afterwards.

31.2.3 The provisions of this section supersede any other arrangement, understanding, or agreement made between the parties at any time relating to the personal data.

31.2.4 This section shall continue in full force and effect for so long as the Data Processor is processing personal data on behalf of the Data Controller, and thereafter as provided in Clause 31.9.

31.3 Provision Of The Services And Processing Personal Data

31.3.1 Data Processor will process personal data in accordance with the Data Controller’s instructions. The parties agree that this agreement is the Data Controller’s complete and final instructions to the Data Processor in relation to the processing of personal data. Processing outside the scope of this agreement (if any) will require prior written agreement between the Data Processor and the Data Controller on additional instructions for processing, including agreement on any additional fees the Data Controller will pay to the Data Processor for carrying out such instructions. The Data Controller may terminate this agreement if the Data Processor declines to follow instructions requested by the Data Controller that are outside the scope of this agreement.

31.3.2 The Data Processor is only to carry out the services, and only to process the personal data received from the Data Controller:

31.3.2.1 For the purposes of those services and not for any other purpose; to the extent and in such a manner as is necessary for those purposes.

31.4 Data Protection Compliance

31.4.1 The Data Processor shall comply in a reasonable timeframe with any request from the Data Controller requiring the Data Processor to dispose of the personal data.

31.4.2 The Data Processor shall transfer all Personal data to the Data Controller on the Data Controller’s written request in CSV format.

31.4.3 Both parties shall comply at all times with the UK GDPR and other applicable laws and shall not perform their obligations under this agreement or any other agreement or arrangement between themselves in such way as to cause either party to breach any of its applicable obligations under the UK GDPR.

31.4.4 The Data Processor agrees to comply with any reasonable measures required by the Data Controller to ensure that its obligations under this agreement are satisfactorily performed in accordance with any and all applicable legislation from time to time in force (including, but not limited to, the UK GDPR) and any best practice guidance issued by the ICO.

31.4.5 The Data Processor shall provide all reasonable assistance (at the Data Controller’s cost) to the Data Controller in complying with its obligations under the UK GDPR with respect to the security of processing, the notification of personal data breaches, the conduct of data protection impact assessments, and in dealings with the ICO.

31.4.6 When processing the personal data on behalf of the Data Controller, the Data Processor shall:

31.4.6.1 Not process the personal data outside the European Economic Area (all EU member states, plus Iceland, Liechtenstein, and Norway) (“EEA”) without the prior written consent of the Data Controller and, where the Data Controller consents to such a transfer to a country that is outside of the EEA, to comply with the obligations of Data Processors under the provisions applicable to transfers of personal data to third countries set out in Chapter 5 of the UK GDPR by providing an adequate level of protection to any personal data that is transferred;

31.4.6.2 Not transfer any of the personal data to any third party without the written consent of the Data Controller, and in the event of such consent, the personal data shall be transferred strictly subject to the terms of a suitable agreement, as set out in Clause 31.10;

31.4.6.3 Process the personal data only to the extent, and in such manner, as is necessary in order to comply with its obligations to the Data Controller or as may be required by law;

31.4.6.4 On at least 30 days’ prior written notice, submit to audits and inspections and provide the Data Controller with any information reasonably required in order to assess and verify compliance with the provisions of this agreement and both parties’ compliance with the requirements of the UK GDPR.

31.4.6.5 Inform the Data Controller immediately if it is asked to do anything that infringes the UK GDPR or any other applicable data protection legislation.

31.5 Security

31.5.1 The Data Processor shall implement and maintain appropriate technical and organisational security measures to protect personal data from security incidents and to preserve the security and confidentiality of the personal data, in accordance with the Technical and Organisational Data Protection Measures set out in Schedule 3 to this Section 31.

31.5.2 The Data Controller is responsible for reviewing the information made available by the Data Processor relating to data security and making an independent determination as to whether the services meet the Data Controller’s requirements and legal obligations under the Data Protection Laws. The customer acknowledges that the security measures are subject to technical progress and development and that the Data Processor may update or modify Schedule 3 of this section from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the services purchased by the Data Controller.

31.5.3 Notwithstanding the above, the Data Controller agrees that except as provided by this agreement, the Data Controller is responsible for its secure use of the services, including securing its account authentication credentials, protecting the security of personal data when in transit to and from the services and taking any appropriate steps to secure, encrypt or backup any personal data uploaded to the services.

31.6 Data Subject Access, Complaints, And Breaches

31.6.1 The Data Processor shall, at the Data Controller’s cost, assist the Data Controller in complying with its obligations under the UK GDPR. In particular, the following shall apply to data subject access requests, complaints, and data breaches.

31.6.2 The Data Processor shall notify the Data Controller within 14 days if it receives:

31.6.2.1 A subject access request from a data subject; or

31.6.2.2 Any other complaint or request relating to the processing of the personal data.

31.6.3 The Data Processor shall, at the Data Controller’s cost, co-operate fully with the Data Controller and assist as required in relation to any subject access request, complaint, or other request, including by:

31.6.3.1 Providing the Data Controller with full details of the complaint or request;

31.6.3.2 Provide the necessary information and assistance in order to comply with a subject access request.

31.6.3.3 Providing the Data Controller with any personal data it holds in relation to a data subject;

31.6.4 The Data Processor shall notify the Data Controller without undue delay and in any event within 48 hours of becoming aware of any personal data breach. Such notification shall include all information required under Article 33(3) of the UK GDPR. Where required, the Data Processor shall assist the Data Controller in notifying the Information Commissioner’s Office within 72 hours.

31.7 Appointment Of A Data Protection Officer

31.7.1 The Data Processor will appoint a Data Protection Officer where such appointment is required by Data Protection Laws and Regulations. The Data Protection Officer can be contacted at hello@mypetwalker.co.uk

31.8 Limitation And Liability

31.8.1 The total aggregate liability to the Data Controller, of whatever nature, whether in contract, tort or otherwise, of the Data Processor for any losses whatsoever and howsoever caused arising from or in any way connected with this engagement shall be subject to the “Limitation of Liability” clause set out in Clause 16 of these Terms and Conditions.

31.8.2 Nothing in this section will relieve the Data Processor of its own responsibilities and liabilities under the UK GDPR.

31.9 Confidentiality

31.9.1 The Data Processor shall maintain the personal data in confidence, and in particular, unless the Data Controller has given written consent for the Data Processor to do so, the Data Processor shall not disclose any personal data supplied to the Data Processor by, for, or on behalf of the Data Controller to any third party. The Data Processor shall not process or make any use of any personal data supplied to it by the Data Controller otherwise than in connection with the provision of the services to the Data Controller.

31.9.2 The Data Processor shall ensure that all personnel who are to access and/or process any of the personal data are contractually obliged to keep the personal data confidential.

31.9.3 The obligations set out in this Clause 31.9 shall continue for a period of 1 year after the cessation of the provision of services by the Data Processor to the Data Controller.

31.9.4 Nothing in this section shall prevent either party from complying with any requirement to disclose personal data where such disclosure is required by law. In such cases, the party required to disclose shall notify the other party of the disclosure requirements prior to disclosure, unless such notification is prohibited by law.

31.10 Appointment Of Sub-Processors

31.10.1 The Data Controller agrees that the Data Processor may engage Sub-Processors to process the personal data on its behalf. The Sub-Processors currently engaged by the Data Processor and authorised by the Data Processor are listed in Schedule 4 to this Section 31.

31.10.2 The Data Processor shall (i) enter into a written agreement with the Sub-Processor imposing data protection terms that require the Sub-Processor to protect the personal data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this agreement and for any acts or omissions of the Sub-Processor that cause Data Processor to breach any of its obligations under this agreement.

31.11 Changes To Sub-Processors

31.11.1 The Data Processor shall (a) provide an up-to-date list of the Sub-Processors it has appointed upon written request from the Data Controller; and (b) notify the Data Controller by email if it adds or removes a Sub-Processor at least 10 days before any such changes.

31.11.2 The Data Controller may object in writing to the Data Processor’s appointment of a new Sub-Processor within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such an event, the parties shall discuss such concerns in good faith with a view to achieving a resolution. If this is not possible, the Data Controller may suspend or terminate this agreement.

31.12 Deletion And/Or Disposal of Personal Data

31.12.1 The Data Processor shall, at the written request of the Data Controller, delete (or otherwise dispose of) the personal data or return it to the Data Controller in .csv format within a reasonable time after the earlier of the following:

31.12.1.1 The end of the provision of the Services; or

31.12.1.2 The processing of that personal data by the Data Processor is no longer required for the performance of the Data Processor’s obligations under this agreement.

31.12.2 Following the deletion, disposal, or return of the personal data under Sub-Clause 31.12.1, the Data Processor shall delete (or otherwise dispose of) all further copies of the personal data that it holds, unless retention of such copies is required by law, in which case the Data Processor shall inform the Data Controller of such requirement(s) in writing.

31.13 Law And Jurisdiction

31.13.1 This section (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

31.13.2 Any dispute, controversy, proceedings or claim between the parties relating to this section (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

32. INTELLECTUAL PROPERTY POLICY

32.1 Policy on Notification of Alleged Intellectual Property Infringements

My Pet Walker Ltd (“MPWL”) respects the intellectual property rights of others and expects its users to do the same.

32.2 Repeat Infringer Policy

It is MPWL’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

32.3 Reporting IP Infringements

MPWL will respond to claims of IP infringement committed using the MPWL website and mobile application (the “Site and Application”) that are reported to MPWL following this IP Policy.

If you are an IP owner, or are authorised to act on behalf of one, please report alleged IP infringements taking place on or through the Site and Application by completing the following Notice of Alleged Infringement and sending it via letter, email, text message or WhatsApp to MPWL as described below.

32.4 MPWL’s Response to Notices

Upon receipt of the Notice as described below, MPWL will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

32.5 Notice of Alleged Infringement (“Notice”)

To be effective, the Notice must include the following:

32.5.1 Identify the specific protected work that you claim has been infringed, or – if multiple works are covered by this Notice – you may provide a representative list of the works that you claim have been infringed.

32.5.2 Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you believe should be removed or access to which should be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.

32.5.3 Provide your mailing address, telephone number, and, if available, email address.

32.5.4 Include both of the following statements in the body of the Notice:

  • “I hereby state that I have a good faith belief that the disputed use of the identified material is not authorised by the IP owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the IP rights that are allegedly infringed.”

32.5.5 Provide your full legal name and your electronic or physical signature.

32.6 Delivery of Notice

Deliver this Notice, with all items completed, to:

My Pet Walker Ltd, 247 Bury Old Road, Prestwich, 

Manchester, M25 1JE7

Email: hello@mypetwalker.co.uk

32.7 False Claims

Please note that under Section 512(f) of the Copyright Act (or similar provisions under applicable law), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including attorneys’ fees and costs.

33. PRIVACY POLICY

A comprehensive Privacy Policy detailing how MPWL collects, uses, stores, and protects personal data is available at www.mypetwalker.co.uk/privacy-policy. By using the Services, Users acknowledge and agree to the terms of the Privacy Policy, which forms an integral part of these Terms and Conditions.


SCHEDULE 1 TO SECTION 31: Services

The use of the Services (known as My Pet Walker Ltd) as described here https://www.mypetwalker.co.uk


SCHEDULE 2 TO SECTION 31: Personal Data

The Data Processor processes the following types of data in connection with its delivery of the services.

1.0 Information relating to data subjects for the processing of pet walking schedules and subsequent financial transactions, including but not limited to:

  • Postal Address
  • Email Address
  • Phone numbers
  • Other Personal Data

2.0 Custom Fields

2.0 A User may wish to create and store additional categories of personal data to those listed above, such as gender, age, occupation, social interests, home security details, etc.

2.1 The services provide the User with the ability to create and store an unlimited number of types of personal data (the “Custom Fields”).

2.2 For the purposes of this agreement, any additional personal data that is created and stored by the User using custom fields shall form part of this Schedule 2.

3.0 Categories Of Data Subjects

The Data Processor processes personal data about the following categories of data subjects on behalf of the User:

  • Clients of the Data Controller
  • Employees and or contractors of the Data Controller
  • Veterinarians related to data subjects
  • Any other categories that the User requires, which are subsequently defined using Custom Fields

SCHEDULE 3 TO SECTION 31: Technical And Organisational Data Protection Measures

The following are the technical and organisational data protection measures referred to in Clause 31.5:

1.0 Security Standards

The Data Processor shall ensure that, in respect of all personal data it receives from or processes on behalf of the Data Controller, it maintains security measures to a standard appropriate to:

1.1 The harm that might result from unlawful or unauthorised processing or accidental loss, damage, or destruction of the personal data; and

1.2 The nature of the personal data.

2.0 Security Measures

In particular, the Data Processor shall:

2.1 Have in place, and comply with, a security policy which:

2.1.1 Defines security needs based on a risk assessment;

2.1.2 Allocates responsibility for implementing the policy to a specific individual or personnel.

2.1.3 Is disseminated to all relevant staff, and provides a mechanism for feedback and review.

2.2 Ensure that appropriate security safeguards and virus protection are in place to protect the hardware and software which is used in processing the personal data in accordance with best industry practice;

2.3 Prevent unauthorised access to the personal data;

2.4 Ensure that its storage of personal data conforms with best industry practice such that the media on which personal data is recorded (including paper records and records stored electronically) are stored in secure locations and access by personnel to personal data is strictly monitored and controlled;

2.5 Have secure methods in place for the transfer of personal data, whether in physical form (for example, by using couriers rather than post) or electronic form (for example, by using encryption);

2.6 Password protect all computers and other devices on which personal data is stored, ensuring that all passwords are secure and that passwords are not shared under any circumstances;

2.7 Take reasonable steps to ensure the reliability of personnel who have access to the personal data;

2.8 Have in place methods for detecting and dealing with breaches of security (including loss, damage, or destruction of personal data), including:

2.8.1 The ability to identify which individuals have worked with specific personal data;

2.8.2 Having a proper procedure in place for investigating and remedying breaches of the UK GDPR; and

2.8.3 Notifying the Data Controller as soon as any such security breach occurs.

2.9 Have a secure procedure for backing up all electronic personal data and storing back-ups separately from originals.

2.10 Have a secure method of disposal of unwanted personal data, including for back-ups, disks, print-outs, and redundant equipment.


SCHEDULE 4 TO SECTION 31: List Of Sub-Processors

The Data Processor uses a range of Third Party Sub-Processors to assist it in providing the Services. These Sub-Processors are listed below:

Payment Processing:

Analytics & Monitoring:

  • Google – www.google.com
  • Google Analytics – analytics.google.com
  • Microsoft Clarity – clarity.microsoft.com
  • Betterstack – betterstack.com (Log management and monitoring)

Infrastructure & Hosting:

Communications:

Media & Content:

  • Cloudinary – cloudinary.com (Image storage and processing)

Internal Operations:

  • Telegram – telegram.org (Internal management bot)

Contact Information:

My Pet Walker Limited
Email: hello@mypetwalker.co.uk
WhatsApp: +447360001025
Registered Office: My Pet Walker Ltd, 247 Bury Old Road, Prestwich, Manchester, M25 1JE7