Terms of Service

Acceptance of terms and conditions of use:

If you use TotoPet services, you implicitly agree to the terms and conditions below.

Please read carefully the information made available to you herein.

If you do not agree to the provisions of this document, you will not be able to access and use the TotoPet platform/application.

General information:

The TotoPet Services consist of: the provision of the desktop web app, mobile app, support services and related services that pet owners and pet-related service providers can use to find, communicate and interact with each other. 

The TotoPet service includes: our emergency assistance services, educational materials and other related services. 

2.4 TotoPet is a neutral place for service providers and pet owners. TotoPet is not a service provider, with the exception of the mobile platform and search engine, emergency support and other support resources specifically described below. 

2.5. We do not assume any liability for the quality of boarding, pet care, pet walking, home care or other services provided by Partner Providers integrated into the platform. We make no guarantees regarding interactions and relationships between Service Providers and Users. 

2.6. Partner Service Providers, enrolled in the TotoPet platform/application, are not under the direction or control of TotoPet, and they have the discretion to determine how they provide pet care services. 

2.7 Although we provide general guidance on our website regarding pet safety and care, and to pet owners regarding the selection and contracting of service providers, Totopet does not employ, recommend or endorse service providers or pet owners; therefore we will NOT be responsible for the performance or conduct of service providers or pet owners, online or in direct interactions. TotoPet requires individuals wishing to register on the platform as service providers to meet certain eligibility requirements relating to previous experience with pets, history, appropriate conduct in dealing with pet owners and the animals for which they provide pet-sitting services.

2.8. As an intermediary of the services and owner of the TotoPet platform/application, we take care that the partner providers we enlist in the platform meet the conditions of good reputation and moral probity, proper conduct, experience compatible with the proper and prudent administration of the services. In this regard, the service providers are chosen after a verification that they are animal lovers, who have/have had pets and/or have provided such services before. 

2.9 Pet owners should exercise caution and use independent judgment before contacting a service provider or otherwise interacting with users through the TotoPet app. 

2.10. Pet Owners and Service Providers, are solely responsible for making decisions that are in the best interest of themselves and their pets. For example, each user of the TotoPet service is responsible for keeping their pet's vaccinations up to date, TotoPet has no responsibility for the pet's vaccination; each user assumes the veracity of the additions to the vaccination table. 

2.11. You should exercise caution and make conscious, assumed decisions before contacting a service provider, providing pet care services or otherwise interacting with users through the TotoPet app/platform. 

Limitation of Liability:

Totopet assumes no liability for any injury, loss, damage arising out of or in any way related to your interactions or dealings with other users, actions or inactions of service providers and pet owners, online or offline. 

You acknowledge and agree that, to the extent permitted by law, the use and/or provision of pet care services is a decision/action that You take/undertake at Your own risk, assuming all consequences arising therefrom.

Making payment for the services you opt for: 

Transactions/payments are NOT made by pet owners through the payment services available on the platform.

Totopet can be used to find and offer pet-sitting services. Payment method and Prices of each service is set by the Service Providers and TotoPet is not responsible in any way related to payments.

Reservations:

Pet owners and service providers transact with each other through the TotoPet app/platform when both agree to a "booking" that specifies the fees, time period, cancellation policy and other terms for the provision of pet-sitting services through the booking mechanism provided by TotoPet. 

The reservation can be initiated by either a service provider or a pet owner by selecting the type(s) of pet care services to be provided and then following the on-screen instructions. 

If you are a pet owner and initiate a booking, you agree to pay for the following services described in the booking when you click on "request payment". You acknowledge that once you complete a "Reservation", you agree to abide by the price and other terms of that "Reservation" as stated in the reservation confirmation.

Pet owners are solely responsible for evaluating their service providers. Pet Owners are solely responsible for evaluating the suitability of the Service Providers for the services they provide. Please visit our blog/help page for guidance on making decisions about hiring service providers. 

Although TotoPet performs limited screening of service providers, it does not guarantee that the information available about the service provider is accurate, complete, conclusive or up-to-date. 

Similarly, TotoPet makes no commitment that such reviews are accurate or legitimate.

Abandoned pets or pets that cannot be picked up at the end of the contracted service term. Placement of the pet in the care of another service provider:

Pet owners who contract for the chosen provider's care services and fail to retrieve their pet when the contracted and allotted reservation period/time frame ends, agree that the original chosen provider or Totopet representatives (as applicable), will place the pet in the care of animal control or other alternative care, which is considered an additional fee-based care service necessary to provide a safe placement environment until the pet is retrieved by the owner. 

The pet owner agrees to reimburse TotoPet and/or the service provider for all costs and expenses associated with such actions. 

TotoPet expressly reserves the right to release the pet from the care of the service provider of the owner's choice if TotoPet deems such action necessary for the safety of the pet, the service provider or any persons residing with the service providers. 

Prior to intervening to take a pet from the care of a service provider, TotoPet will make reasonable efforts during business hours to contact the pet owner and/or the pet owner's emergency contact (if provided). If TotoPet is unable to contact the pet owner, TotoPet will contact the pet owner's designated contact person or veterinarian. 

TotoPet will make every effort to find alternative care until the pet owner can retrieve the pet. If you are the pet owner, you authorize the pet's veterinarian to release your pet's documents to TotoPet. In addition, you are responsible for and agree to pay all costs and expenses incurred by TotoPet in connection with such transfer.

Emergency Situations:

We recommend that pet owners provide their service providers with detailed contact information where they can be reached if medical care is needed. Service providers agree to contact pet owners immediately if such care becomes necessary.

If the pet owner is unavailable, the provider will contact the pet's veterinarian using the contact information you provided or one of TotoPet's partner veterinary practices. 

If you are a pet owner, you authorize us to provide veterinary care if you cannot be contacted. If your service provider contacts you with a request to authorize medical care for your pet and you decline, the service provider and TotoPet will be held harmless from any and all liability for injuries or damages resulting from failure to seek such care or failure to provide necessary intervention.

Certification of compliance with applicable law:

By accessing and using the TotoPet service, you certify that:

-you are at least 18 years of age (at the time of contracting for the service), fully competent to practice;

-you have complied with all laws and regulations applicable to you, the activity conducted through or related to the Totopet Service.

For pet owners, this means, among other things, that you will ensure that your pets are vaccinated, registered, microchipped, in compliance with state laws or regulations; 

Service providers must cumulatively meet the following obligations/requirements:

-you are legally eligible to provide pet care services by meeting the requirement of 8.1.;

-provide truthful information about your ability to provide the services and the premises you use when making a booking;

-respond to messages/requests as soon as possible, but no later than 24 hours after they have been sent to you;

-make sure that the accommodation is properly equipped and does not present a danger to the host animal;

-treat the animal with care, attention, in the best conditions, without endangering its health in any way, at any time;

-check carefully all the information in the pet's profile;

-carefully follow all instructions received from the pet owner about the pet's schedule/diet/habits;

-contact the pet's owner as soon as possible in case of any concerns or emergencies to find a solution together;

-When leaving the home, the animal should always be kept on a leash (this applies to pets for which such a control device is usually fitted); 

-be aware of the animal's behaviour with other people, animals of the opposite sex, etc. 

-in the case of aggressive dogs, a muzzle should be worn at all times and contact with other dogs/humans should be avoided as far as possible;

-Keep in constant contact with the owner of the animal, providing updates via text/audio or photo/video messages;

-declare and pay in full the taxes related to the amounts collected through the services provided on the Totopet platform

-ensure proper hygiene in the accommodation;

-possess the necessary materials for cleaning the sites and removing faeces and use them during the walks;

-comply with all laws and regulations applicable to you;

-have obtained all necessary permits or authorisations (where applicable);

-have made the necessary tax registrations to legally provide pet grooming services;

-comply with the applicable laws on behaviour with animals in public places, waste disposal and similar activities, namely the provisions of Law No 205/2004 on the protection of animals and other specific provisions contained in the Decisions of the local administration of the area where the services are to be provided/where the pet owner is domiciled/resides.

By using the services, you implicitly confirm that TotoPet is entitled to rely on these certifications from you, which you fully assume. 

Conditions of use of TotoPet services:

When you use the TotoPet Service, you agree to:

-Use the TotoPet Service in a lawful manner and only for the purposes intended.

-Do not use the TotoPet Service to provide care for: exotic or dangerous pets, such as: venomous snakes, wolves, bears, horses or other animals; any animal whose ownership or care by third parties is prohibited under applicable law; or any animal that has a history of or has been trained for attacks on animals or humans;

-Do not send viruses or other infected material through the TotoPet Service;

-Do not use TotoPet contrary to its intended purpose, to unfairly compete with the TotoPet Service, to promote other products or services, to act to the detriment/favour of TotoPet, regardless of the nature of the infringing activity;

-Do not post reviews of service providers that are not based on personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.

-Do not post content or materials that are pornographic, threatening, harassing, abusive, defamatory, or contain nudity or explicit violence, incite violence, infringe intellectual property rights, or violate the law and the legal rights (e.g., privacy rights) of others. 

-Do not send spam or other unsolicited commercial communications;

-Do not use the TotoPet service in your own name or impersonate another person.

-Do not transfer or authorize the use of your TotoPet account by any other person or engage in fraudulent transactions.

-Do not provide false information in your profile or when registering your TotoPet user account or to create multiple or duplicate accounts.

-Do not provide another user's username and password for the TotoPet Service or any other sensitive personal information, including bank details.

-Do not harass, stalk or otherwise harm another person.

Suspension and Termination:

You understand and agree that we are under no obligation to provide the TotoPet Service in any particular location or territory or to continue to provide it once we have started.

We reserve the discretion to suspend or block your access to the TotoPet Service if:

your conduct on the Platform or the Site is inappropriate, unsafe, dishonest or violates these Terms; 

IF NECESSARY, to protect TotoPet, its users, pets or the public. 

You, as a user, may suspend or terminate your use of the TotoPet Service at any time and for any reason. If you wish to deactivate your account, please contact TotoPet. 

Please note that if you have any payment obligations or arrears, they will remain after your account has been suspended or closed.

Registration. Account security:

In order to use the Totopet app and take advantage of the services available, you will be required to provide a username, password and user profile. If you choose to use the TotoPet Service, you agree to provide accurate, truthful information about yourself and to keep your information up to date. 

You agree not to impersonate anyone else and not to maintain more than one account (or, if your account is suspended or closed, not to create additional accounts).

You are responsible for maintaining the confidentiality of your username and password for the TotoPet Service and are responsible for all activity on your account. 

You agree to promptly notify us of any unauthorized use of your account.

You will undergo a pre-screening process and complete the steps below to create your account:

- Click the "Become a Sitter" button and follow the 4 steps of the sign-up process:

1. Go through the information material - The information material must be read/completed in full before proceeding to the next step;

2. Taking the test - 5 questions about pet that - The test can be taken more than once/ retaken so that you ensure 5 correct answers to 5 randomly asked questions - this step is mandatory in order to proceed to the next step;

3. Information about yourself - This section should be completed with a brief description, information about your availability, experience/history with pets, services you would like to provide, etc. - this will act as a cover letter. 

4. Identification - In this section you will fill in the data from your profile - name, surname, home/residence address, ID series and number, telephone number, contact person. This information will be stored temporarily only by Totopet for the legitimate interest of creating your profile and identification necessary for the execution of the contract for the provision of services / pet sitting assistance. 

Once all the steps have been completed, your request is sent to us and subjected to a verification process, after which you will receive a response regarding admission/enrolment on the Totopet platform. If you are eligible, according to the conditions described in art.8.3 and art.9, you will be contacted and you will receive an email response to your application.

Unfavourable reviews will lead to a re-evaluation of your profile and, if necessary, to its suspension.

Confidentiality:

How your personal data is processed within the TotoPet Service is described in the Personal Data Processing Policy .

Content of your account/profile:

13.1 We may require you to submit or upload text, photos, images, videos, reviews, information and materials to your profile in the TotoPet Service or otherwise in connection with your use of the TotoPet Service. 

For example, Service Providers are invited to create a profile page with a photo and other information and submit photos of pets in their care, while pet owners may submit reviews to Service Providers.

Assignment of image rights:

If your name, voice, image. are included in any of the materials uploaded to your user account/posted by you, you agree to waive/assign your image rights to TotoPet free of charge, strictly for the purpose of providing the services you contract for and improving those services and to hold TotoPet harmless from any known or unknown liability, claim or consequence for defamation, copyright infringement, violation of privacy rights, publicity or any similar claim arising out of the use of public information or materials containing such identifying data of yours,  in accordance with the provisions of Section 3 - Limitation of Liability - herein, and shall be deemed to be published voluntarily by you. 

Representations and warranties regarding your content. 

You represent and warrant that:

You are the owner or licensee of the content of your information/materials and that you have all rights and permissions necessary to grant further consent to its use, or to assign the right to use it;

Before publishing any material containing images that may identify other persons and/or their pets, you have obtained the consent of those persons for the distribution of those images, 

The materials you submit to service providers or pet owners or upload to the Platform/User account do not violate the law or the provisions of this document. 

Intellectual Property

All rights reserved TotoPet. All published materials (including, but not limited to, articles, information, photos, data, audio/video clips - generically referred to as content) are protected by the relevant legal provisions: Law no. 8/1996, as amended - on copyright and related rights, Law no. 84/1998 - on trademarks and geographical indications and Law no. 129/1992, republished - on industrial designs. Lack of mention of certain legal texts or provisions does not render them inapplicable.

The Site and the Content are protected by the Romanian Copyright Law, as well as by the copyright provisions applicable in territories other than Romania. You may not copy, store, modify or transfer in any way, in part or in whole, the Site and/or the Content. Exploitation is free, under the condition of non-commerciality and compliance with the terms imposed by TotoPet. The information included is for information purposes only and is provided in good faith.

Copying, reproducing, recompiling, decompiling, distributing, publishing, displaying, modifying, creating complete derivative products or services, as well as any way of exploiting the content of the website/application, with the exception of displaying on a personal computer screen and printing or downloading, for personal and non-commercial purposes, certain documents or information explicitly designated for this purpose, are prohibited, provided that all elements referring to intellectual property rights, other property rights and the conditions of use of the documents or information in question are kept unchanged. TotoPet assumes no responsibility and cannot be blamed for any damages arising from the use of the content of the site.

TotoPet is not responsible for errors, inaccuracies or delays in providing the content offered by the site/application nor for any action based on this content.

TotoPet reserves the right to modify and update these conditions, which shall become effective within 15 days after the modification is made and you are informed thereof. Occasionally, the information presented may contain typographical errors, inaccuracies or omissions. We reserve the right to correct such errors, inaccuracies and omissions.

The user uses the website/application at his/her own risk and TotoPet shall not be held liable for any direct or indirect damage caused by the use or access/viewing thereof or as a result of the use of the information provided.  

The right to remove or review the content of the materials/information you publish:

Although we are under no obligation to do so, we reserve the right to monitor, review, edit and/or remove content/materials published/uploaded/transmitted by you within the TotoPet platform/app. 

How these terms apply to the content of your materials remains at your discretion. Your failure to enforce the provisions of this document in one instance does not constitute a waiver of our right to enforce them in another instance. 

We are under no obligation to retain or provide you with copies of the content of your materials and will have no liability for the deletion, disclosure, loss or alteration of the content. It is your responsibility to keep backup copies of the content.

Reviews:

The TotoPet Service may provide the ability to post public and/or private reviews by users of the Services and Service Providers, and by Providers of their interaction with pet owners they have cared for or their experience with their pets. 

In light of the foregoing, you, as a user, acknowledge that certain private reviews may be shared with other entities (e.g., to comply with a legal obligation, to perform a duty that serves a public interest, or that arises from the exercise of public authority vested in that entity) in accordance with applicable law.

TotoPet has no obligation to retain or store any review indefinitely. If you are a service provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the TotoPet Service, either before or after the service is terminated or upon account suspension. We shall have no liability to you for the deletion, disclosure, loss or alteration of such reviews. 

We reserve the right to review, edit or remove these reviews from the TotoPet Service at any time.

Conditions for mobile communications:

Phone number changes. If you deactivate a mobile phone number you have provided to us, you agree to promptly update your TotoPet account information to avoid: incorrectly forwarding messages to/to another recipient; inability to be contacted by your service provider or our representatives, especially when you need to be informed of the conditions of surrender/pick-up of your pet; etc.

You are entirely responsible for updating the information in your user account. 

Workflow in the mobile app

The TotoPet service is a web platform/mobile app dedicated to pet owners. It serves as an intermediary between pet owners (clients) and pet sitters/dog walkers (service providers). On the TotoPet platform you log in, name/address/phone number, photos, add your profile with your pet's details, then select the service you want for your pet (walking, boarding, daycare, grooming/home visits), choose a pet sitter, get in touch and book it for the chosen period.

20.1. Using the TotoPet Platform:

20.1.1. In order to use the TotoPet Platform, it is mandatory that the user meets the following conditions:

- Must be at least 18 years old;

- Must fully complete with real data the mandatory fields of the registration form requesting personal details such as User name, e-mail address, telephone number and bank card number;

• You must accept these Terms of Use and Contract;
• You must accept the Personal Data Processing Policy
• You must accept the Cookie Policy.

20.1.2. The User warrants that all information regarding his/her identity and capacity provided to TotoPet in the Platform registration forms is true, accurate and complete. 

20.1.3. In addition, Users undertake to keep their personal details up to date.

20.1.4. If a User provides false, incorrect or incomplete information or if TotoPet believes that there are reasonable grounds to doubt the truthfulness, accuracy or completeness of such information, TotoPet may deny the User current or future access to and use of the Platform or any content and/or services thereon.

20.1.5. When registering on the Platform, Users must choose their username and password. Both username and password are strictly confidential, personal and non-transferable. To increase the security of accounts, TotoPet recommends that Users do not use the same login details for other platforms. If a User uses the same login details for other platforms, TotoPet will not be able to guarantee the security of the account or ensure that the User is the only person logging in on the personal profile.

20.1.6. The User undertakes not to disclose personal account details or to allow third parties access to the account. Users shall be solely responsible for any use of such details or services that may be made by third parties, including statements and/or content entered on the Platform or any action taken through the use of the username or password.

20.1.7. Users are the sole owners of the content they place on the Platform. Therefore, by registering on the Platform and accepting these Terms, the User grants to TotoPet, in relation to the content they may provide, a worldwide, irrevocable and transferable license, free of charge, with the right to sublicense, use, copy, modify, create derivative works, distribute, publish and exploit in any way deemed appropriate by TotoPet with or without any notice to the User and without being obliged to pay any amount for such uses.

20.1.8 TotoPet cannot guarantee the identity of Registered Users and therefore shall not be liable for the use of a Registered User's identity by unregistered third parties. Users undertake to inform TotoPet immediately, using the communication channels made available by TotoPet, if their login data is stolen, disclosed or lost.

20.2. Profile

20.2.1. In order to complete their registration on the Platform, Users must provide certain details, such as username, email address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and modify their profile as they see fit. TotoPet does not save Users' payment data which will be processed and stored by the payment service provider as described in these Terms and in the Personal Data Processing Policy. 

Modification of Terms and Conditions

You can read the latest version of the Terms and Conditions at any time on this page.

It is your responsibility to periodically check the T&Cs for any policy changes. Your continued use of the site following the posting of notices of updates and/or changes to the Terms and Conditions constitutes your acceptance thereof.

Final Provisions

If any of the above clauses are found to be void or invalid, this will not affect the validity of the remaining clauses.

Version: 1.0./10.12.2022