Terms and Conditions
Last updated: 24/01/2018
By registering as a member of Forfido you agree to the terms and conditions as set out below and as amended from time to time:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IN PARTICULAR, WALKERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE STATES AND MUNICIPALITIES.
Forfido provides an online platform that connects Walkers who wish to walk dogs with Owners seeking to have their dogs walked (collectively, the “Services“), which Services are accessible at www.forfido.com and any other websites through which Forfido makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services, these Terms and Conditions are between you and Forfido Pty Ltd Australian Company Number 617 862 674. Forfido Pty Ltd is hereinafter referred to as “Forfido“, “we“, “us“, or “our“.
“Forfido Content” means all Content that Forfido makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking” means a limited licence granted by the Owner to the Walker to take control of the Owner’s dog for the limited duration of the confirmed booking, during which time the Walker (only where and to the extent permitted by applicable law) has the right to take the dog for a walk, in accordance with the Owner’s agreement with the Walker.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Walker (as determined by Forfido in its sole discretion), within which an Owner may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and Forfido Content.
“Communication” means an email, message via the Application, text message or message to a Forfido account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Listing” means a dog that is listed by an Owner as available for Booking via the Site, Application, and Services.
“Member” means a person who completes Forfido’s account registration process, including but not limited to Walkers and Owners, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Forfido promotional campaign to be made available through the Site, Application or Services.
“Owner” means a Member who requests from a Walker a Booking of a Listing via the Site, Application or Services.
“Walk” means the walking of a dog pursuant to a Booking.
“Walker” means a Member who creates a Listing via the Site, Application and Services.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY LIST THEIR DOGS THAT ARE AVAILABLE FOR WALKING AND WALKERS MAY LEARN ABOUT AND BOOK DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT FORFIDO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN WALKERS AND OWNERS, NOR IS FORFIDO AN AGENT OR INSURER OF OR FOR AN OWNER OR A WALKER. FORFIDO HAS NO CONTROL OVER THE CONDUCT OF WALKERS, OWNERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON FORFIDO, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH FORFIDO IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF FORFIDO FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF FORFIDO. FORFIDO DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF FORFIDO, INCLUDING BY INAPPROPRIATELY USING ANY FORFIDO INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMMES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Forfido reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Forfido Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, Forfido will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorise us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Forfido’s vendors.
The Site, Application and Services can be used to facilitate Bookings. Owners’ dogs that are available for walking are included in Listings on the Site, Application and Services by Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to make a Booking or create a Listing, you must first register to create an Forfido Account (defined below).
As stated above, Forfido makes available an online platform or marketplace with related technology for Owners and Walkers to meet online and arrange for Bookings directly with each other. Unless explicitly specified otherwise in the Forfido platform, Forfido’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE WALKERS AND OWNERS CONNECTING AND BOOKING DIRECTLY WITH EACH OTHER. FORFIDO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS. FORFIDO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOOKINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to make a Booking or create a Listing, you must register to create an account (“Forfido Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Forfido Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Forfido through the Site, Services or Application; or (ii) allowing Forfido to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Forfido and/or grant Forfido access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Forfido to pay any fees or making Forfido subject to any usage limitations imposed by such third-party service providers. By granting Forfido access to any Third-Party Accounts, you understand that Forfido will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Forfido Account and Forfido Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending upon the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Forfido Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Forfido’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Forfido Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Forfido makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Forfido is not responsible for any SNS Content.
Your Forfido Account and your Forfido Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Forfido Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Forfido reserves the right to suspend or terminate your Forfido Account and your access to the Site, Application and Services if you create more than one (1) Forfido Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms and Conditions.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorised by a specific feature on Forfido, you are not permitted to share your Forfido Account with anyone or allow others to access or use your Forfido Account. Forfido may enable features, in our discretion, that allow other Members to take certain actions associated with your Forfido Account, on your behalf with your express authorisation, such as having a family member or agent make a Booking on your behalf or adding a family member to your account as an additional Walker. You agree that you will take sole responsibility for any activities or actions under your Forfido Account, whether or not you have authorised such activities or actions. You will immediately notify Forfido of any unauthorised use of your Forfido Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the dog to be listed, including, but not limited to, the location, gender, size, personality, heath condition and age of the dog. In order to be featured in Listings via the Site, Application and Services, you understand and agree that the placement or ranking of Listings in search results may depend upon a variety of factors, including, but not limited to, Owner and Walker preferences.
Other Members will be able to make Bookings via the Site, Application and Services based upon the information provided in your Listing, your Owner requirements, and Owners’ search parameters and preferences.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and any Booking you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Intellectual Property laws, and rules and regulations that may apply to any Booking (including having all required permits, licences and registrations), and (b) not conflict with the rights of third parties. Please note that Forfido assumes no responsibility for a Walker’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Forfido reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Forfido, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Forfido’s then-current policies or otherwise harmful to the Site, Application or Services.
If you are an Owner, you understand and agree that Forfido does not act as an insurer or as your contracting agent. If a Walker requests a Booking, any agreement you enter into with such Owner is between you and the Owner and Forfido is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking, such as requiring Members to have a profile picture or verified phone number, in order to make a Booking. Any Member wishing to make a Booking of a dog included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Walking” section of the Site, Application and Services.
If you are an Owner, Forfido makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Bookings. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions and in relation to Forfido you are also responsible for the acts and omissions of any individuals who make Bookings.
Forfido does not endorse any Member or Listing.
Members are required by these Terms to provide accurate information. Although Forfido may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for a Forfido Account, you agree that Forfido may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Forfido about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to make or accept a Booking request or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Forfido with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you.
“Booking Donation” means the donation that the Owner makes to the Owner’s designated charity as specified in the Owner’s Listing. The Booking Donation is currently set at AUD$5.00 per Walk.
“Forfido Fee” means the fee that Forfido charges an Owner for each Booking, which is calculated as a percentage of the applicable Booking Donation. The Owner Fee is currently set at 5% of the Booking Donation.
“Payment Method” means a payment method that you have added to your Forfido Account, such as a credit card, debit card or PayPal.
If you are an Owner and a Booking is requested for your dog via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Walker who has requested the Booking, (ii) a link to the Walker’s Forfido Account profile page, (iii) if the Owner and Walker have both connected their Forfido accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Walker has provided other information to Forfido, such as a verified email address, connection to SNSs, or a government ID. When you confirm a Booking requested by a Walker, Forfido will send you a Communication confirming such Booking, depending upon the selections you make via the Site, Application and Services and will automatically collect the Booking Donation via the Payment Method. Unless the relevant Booking is cancelled as set out below, Forfido will forward the Booking Donation, less the Forfido Fee, the designated charity.
Each Owner agrees that Forfido may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Walker to cancel the Booking and (ii) refund to the Owner the relevant Booking Donation.
The Walkers, not Forfido, are solely responsible for honouring any confirmed Bookings. If you, as a Walker, choose to make a Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Walk imposed by the Owner.
You acknowledge and agree that you, and not Forfido, will be responsible for performing the obligations of any such agreements, that Forfido is not a party to such agreements, and that, with the exception of Forfido’s payment obligations pursuant to the clause 10, Forfido (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
Once your Booking is cofirmed you will receive a confirmation Communication summarising your confirmed Booking.
In consideration for the use of Forfido’s online marketplace and platform, Forfido charges the Forfido Fees. Forfido collects these fees pursuant to the terms and conditions hereof, and, where applicable, may also collect taxes (such as GST in Australia) in respect of the Booking Donations. Forfido deducts the Forfido Fees from the Booking Donations before remitting the balance to the Owner’s designated charity.
Applicable Booking Donations, as well as taxes collected by Forfido, will be shown to Owners via the Site and Application at checkout, prior to their acceptance of a Booking request.
Cancellations and Refunds
If, as an Owner, you wish to cancel a confirmed Booking made via the Site, Application and Services, prior to the agreed time for the Walk, the cancellation policy of the Walker contained in the applicable Listing will apply to such cancellation.
If a Walker cancels a confirmed Booking made via the Site, Services, and Application, (i) Forfido will refund the Booking Donation for such Booking to the applicable Owner and (ii) the Owner will receive a Communication from Forfido containing alternative Listings and other related information. If the Owner requests a Booking from one of the alternative Listings and the Walker associated with such alternative Listing confirms the Owner’s requested Booking, then the Owner agrees to pay Forfido the Booking Donation relating to the confirmed Booking for the Walk in the alternative Listing, in accordance with these Terms. If a Walker cancelled a confirmed Booking and you, as an Owner, have not received a Communication from Forfido, please contact Forfido.
If, as a Walker, you cancel a confirmed Booking, you agree that Forfido may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, and (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking.
In certain circumstances, Forfido may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. You agree that Forfido and the relevant Owner or Walker will not have any liability for such cancellations or refunds.
Owners may use the Resolution Centre to send or request money for refunds, services or damages related to their Bookings.
Some Owner and Walkers may pledge to donate additional funds to a particular cause or charity. We do not take any responsibility or liability for whether the Owner or Walker does in fact make the donation he or she pledged to make. In such cases, the Owner or Walker in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as an Owner or Walker are responsible for any modifications to a Booking that you direct Forfido Customer Service to make (“Booking Modifications“), and you agree to pay any relevant service fees associated with such Booking Modifications.
As an Owner, you are responsible for ensuring that you do not list for Bookings any dog that is known to be dangerous or vicious or to have an aggressive temperament that is reasonably likely to place its Walker or others in danger of attack or associated injury. You are also responsible for including in your Listing all information about your dog that a Walker may reasonably expect in order to make a Booking for a Walk of that dog.
Forfido will in any event not be responsible for any injury or death or loss or damage occasioned in the conduct of a Walk, and each of the Owner and the Walker agrees to indemnify and hold harmless Forfido in relation to any injury or death or loss or damage occasioned in the conduct of a Walk.
Walkers agree that a confirmed Booking is merely a licence granted by the Owner to the Walker to take control of the dog for the limited duration of the confirmed Booking and in accordance with the Owner’s agreement with the Walker about each Walk. Walkers further agree to return the dog no later than the return time that the Owner specifies in the Listing or such other time as mutually agreed upon between the Walker and Owner.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and other obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Forfido has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Forfido may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or cancelling your Listing(s) or Forfido Account, for a violation of this Section or these Terms.
Forfido may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Forfido or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Forfido, its users, or members of the public. You acknowledge that Forfido has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Forfido reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Forfido, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you deal with any Member who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Forfido by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Forfido and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Forfido used on or in connection with the Site, Application, Services, and Forfido Content are trademarks or registered trademarks of Forfido in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Forfido Content are used for identification purposes only and may be the property of their respective owners. As a Walker, Owner, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content (as may be updated from time to time).
Subject to your compliance with these Terms, Forfido grants you a limited non-exclusive, non-transferable licence to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms and Conditions. Forfido reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with these Terms, Forfido grants you a limited, non-exclusive, non-transferable licence, to (i) access and view any Forfido Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the licence rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Forfido or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Forfido promotional campaigns, you hereby grant to Forfido a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Forfido does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Forfido promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Forfido promotional campaigns or you have all rights, licences, consents and releases that are necessary to grant to Forfido the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Forfido’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Forfido promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Forfido is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Forfido of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Forfido and you hereby irrevocably assign to Forfido and agree to irrevocably assign to Forfido all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Forfido’s request and expense, you will execute documents and take such further acts as Forfido may reasonably request to assist Forfido to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Forfido respects copyright law and expects its users to do the same. It is Forfido’s policy to terminate in appropriate circumstances the Forfido Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Forfido’s Copyright Policy for further information.
These Terms are to be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Forfido terminate these Terms as described below.
You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your Forfido Account as a Walker, any confirmed Bookings will be automatically cancelled and your Owners will receive a full refund. If you cancel your Forfido Account as an Owner, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Forfido may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Forfido may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Forfido Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Forfido believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Forfido or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Forfido may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Forfido Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Forfido Account, or temporarily or permanently suspend your Forfido Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Walkers or Owners, or (ii) Forfido believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Forfido or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described in this section, we may (i) communicate to your Owners or Walkers that a pending or confirmed Booking has been cancelled, (ii) refund your Owners in full for any and all confirmed Bookings, irrespective of pre-existing cancellation policies, (iii) support your Owners, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Forfido and an opportunity to resolve the issue to Forfido’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Forfido Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Forfido Account has been suspended or this Agreement has been terminated by us, you may not register a new Forfido Account or attempt to access and use the Site, Application and Services through other Forfido Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FORFIDO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, OWNERS AND WALKERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FORFIDO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FORFIDO MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FORFIDO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, WALKERS, OWNERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FORFIDO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WALKERS OR OWNERS. YOU UNDERSTAND THAT FORFIDO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. FORFIDO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, OWNERS AND WALKERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY FORFIDO. FORFIDO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FORFIDO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FORFIDO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, SERVICES OR FROM YOUR LISTING OR BOOKING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORFIDO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL FORFIDO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS AN OWNER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A WALKER ONE HUNDRED AUSTRALIAN DOLLARS (AUD$100), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FORFIDO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Forfido and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) any Booking or (iii) creation of a Listing; and (d) the use, condition or Booking by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking.
You may not use, export, re-export, import, or transfer the Application except as authorised by Australian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Australian or United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by Australian or U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Forfido does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
Except as they may be supplemented by a document referenced and incorporated herein or by additional Forfido policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Forfido and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Forfido and you regarding Bookings or Listings, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Forfido’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Forfido may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Forfido (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws applicable in the State of Queensland, Australia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Brisbane, Queensland for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in the United States, you and Forfido agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Forfido are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Forfido otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Forfido otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Forfido submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Forfido will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Forfido will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Forfido changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Forfido’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Forfido in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Forfido to enforce any right or provision of these 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 Forfido. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If you have any questions about these Terms or any App Store Sourced Application, please contact Forfido.