Capitalized terms used in this document have the meanings assigned to them, and each of the following terms has the meaning assigned to it.
“Booking Confirmation” means a written, text message, online or email confirmation that we provide to you regarding a Cuddles Booking.
“Cancellation Policy” means a policy that is included in the Terms of Sale of a Booking whereby a Partner may charge you (through the Cuddles Payment Services) a certain fee for a cancelled Cuddles Booking, which may be up to 100% of the value of the Cuddles Booking.
“Card” means any from of Credit Card or Debit Card, which may be used by a Cardholder to carry out a transaction on a Cardholder’s account.
“Cardholder” means any person who issued a Card and possesses and uses a Card, where required on the Card, whose signature appears on the Card as an authorized user.
“Chargeback” means a Transaction which is successfully charged back on request of the Customer pursuant to the relevant Scheme Rules resulting in a cancellation of the Transaction in respect of which a Pet Provider has been paid or was due to be paid. If a Chargeback occurs for a Transaction in respect of which a Pet Provider already received Settlement of the related funds, this results in the unconditional obligation of the Pet Provider to immediately return the Settled funds to Cuddles, to enable Cuddles to return such funds to the Scheme Owner or Acquirer.
“Cuddles”, “we”, “us” and “our” means Cuddles App Inc., a corporation registered in Delaware under number 7732744, with a registered office address located at 8300 NE 2nd Ave Ste 142, Miami, FL 33138.
“Cuddles Booking” means an appointment booked online with a particular Pet Provider for the provision of Pet Provider Services made via the Cuddles Website or the Cuddles Widget.
“Cuddles Booking Services” means all appointment booking services, including creating appointments, adjustment, rescheduling, and cancelling appointments, provided through the Cuddles Website or the Cuddles Widget.
“Cuddles Contract” has the meaning provided in Section 3 of these Booking Terms and Conditions.
“Customer”, “End User”, and “You” means you, the user of the Cuddles Services, the Person visiting our website and/or booking a reservation through us on our website or through our customer services agents, or the purchaser of any Pet Provider Services.
“Customer Account” means an account created on the Cuddles Website or Cuddles Widget for, on behalf of, or belonging to a Customer.
“Cuddles Payment Services” means a service provided to a Customer to facilitate payments to, or from, the customer; including the online and in-app payment facility that may be available for select Pet Providers on the Cuddles Website and the Cuddles Widget.
“Cuddles Services” means the Cuddles Booking Services and the Cuddles Payment Services.
“Cuddles Software” means the collective set of programs and data developed and/or operated by Cuddles as needed to provide Cuddles Services.
“Cuddles Website” means the website Cuddlesapp.com.
“Cuddles Widget” means the web interface owned and provided by Cuddles, which a Pet Provider may embed on their own website and/or social media channels, and through which Customers may book online with Pet Provider directly.
“Credit Card” means any form of credit card, which permits or enables Transactions on a Cardholder’s account.
“Debit Card” means any form of debit card, which permits or enables Transactions on a Cardholder’s account.
“Networks” means any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) bearing the trademarks of American Express Travel Related Services Company, Inc. (“American Express”), DFS Services, LLC (“Discover”), MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”) (collectively, the “Networks”).
“No Show Policy” means a policy that is included in the Terms of Sale of a Cuddles Booking whereby a Pet Provider may charge you a certain fee for a failing to show up to a booked appointment, whether on the premises of a Pet Provider or at a site designated by the Pet Owner, at the time indicated on the Cuddles Booking which may be up to 100% of the value of the Cuddles Booking.
“Partner” or “Pet Partner” means any Pet Provider.
“Pet Provider” means a selected third-party provider of goods or services, who offers their goods or services for sale on the Cuddles Website or the Cuddles Widget. Pet Providers generally include pet groomers, pet daycare, pet boarding, pet retail, veterinary, other pet services and/or other pet professionals.
“Pet Provider Services” means any products, goods and/or services of a Pet Provider offered for purchase or booking on the Cuddles Website or the Cuddles Widget.
“Pay Cash In Store Booking” means a booking made on the Cuddles Website or the Cuddles Widget where the booking is not paid for online using the Cuddles Payment Services.
“Payment Processor” means any servicing or payment processing Person or agent or any factor or financial intermediary who facilitates, services, processes or manages the authorization, billing, transfer, payment and/or other procedure from a Credit Card issuer, bank, consumer payment facilitator or other Person with respect to any sales, Refunds, and adjustment transactions of any Customer involving credit, charge or Debit Card purchases, check purchases or cashing, or other method of consumer payment.
“Person” means any individual, corporation, limited liability company, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Pet Provider Agreement” means the agreement between Cuddles and the Pet Provider for the provision of the Cuddles Services to Pet Provider, including the Terms and Conditions and all Schedules and other documents appended thereto by reference.
“POS / Point of Sale Transaction” means Transaction submitted for processing by a Cardholder via a POS Terminal where the Cardholder is physically present at the location of the POS Terminal
“POS Terminal” means Device designed to submit POS Transactions to Adyen by reading the relevant data on the Card, registering the approval of the Cardholder for the Transaction, encrypting the Payment Details and sending them via the public internet to Adyen for processing.
“Refund” means a (partial) reversal of a particular Transaction, whereby the funds are reimbursed to the Account Holder on the initiative or request of the Merchant.
“Terms of Sale” mean the date, time, price, Pet Provider Services, discount, location, cancellation policy, and any other details and conditions shown on the Cuddles Website at the time that a Cuddles Booking is made.
“Transaction” means an authorization request for a payment from Card Holder to Pet Provider submitted by Pet Provider to Cuddles.
Cuddles provides the Cuddles Website and the Cuddles Widget to make it easy for you to book appointments online with a variety of participating Pet Providers. Cuddles serves as a platform that provides a marketplace for Customers seeking services for their pets by connecting Pet Owners with Pet Providers providing Pet Provider Services. The Cuddles Website and Cuddles Widget include a consolidated list of Pet Providers, which you may review and book online using the Cuddles Booking Services. For certain qualifying Pet Providers, we also provide Cuddles Payment Services. The Cuddles Payment Services allow you to pay in-app for Pet Provider Services, and include all Credit or Debit Card processing services, including refunding, reversing, and adjusting transactions. Cuddles is not a bank and does not offer banking services as defined by the United States Department of Treasury. Cuddles facilitates the processing of payments Pet Partners receive from Customers. This means that we collect, analyze and relay information generated in connection with these payments. You authorize us to process payments in accordance with the services, using the payment information you have supplied. In connection with using the Cuddles Services to receive services you may be required to enter Credit Card or other payment information. By entering your payment information when requested, you authorize Cuddles and payment processors to charge and process assessed charges, cancellation fees or other fees. While Cuddles takes what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Cuddles is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
Cuddles facilitates the payment Transaction per these Terms of Sale between you and each Pet Provider but is not responsible for mediating any resulting disputes. Cuddles has no obligation to provide refunds or credits, but may grant them in its discretion, as a result of specific refund guarantee promotions, or to correct any errors made by Cuddles, in each case in our sole discretion.
The Cuddles Website and the Cuddles Widget are operated by Cuddles. The Website and Widget allow you to book and pay for a broad range of services (Pet Provider Services) in the pet space, such as pet grooming, pet daycare, pet boarding, pet retail, veterinary, among other pet services, from a variety of providers (Pet Providers). Those Pet Provider Services are provided by our various Pet Partners and not by us. The provision of the Pet Partner Services, regardless of how booked, is the responsibility of the Partner which provides them.
Customer acknowledges and agrees that (i) Cuddles serves only as a medium to facilitate the provision of such services, (ii) that Cuddles does not provide or contract for any such services, (iii) that Pet Providers and Customers contract independently for the provision of Pet Services, (iv) that Customer is solely responsible for selecting the Pet Provider, the services to be provided and the location at which services will be performed (whether on the premises of a Pet Provider or at a site designated by the Customer), and (v) that any decision by a Customer to receive Pet Provider Services or by a Pet Provider to provide services is a decision made in such Customer’s sole discretion and at their own risk.
You understand and agree that the Pet Provider Services listed on the Cuddles Website and the Cuddles Widget are provided by our Pet Providers, and not by us. These Pet Providers, and not Cuddles, are responsible for customer service related to these Pet Provider Services, which includes responsibility for the nature, quality, and content of the Pet Provider Services, as well as any disputes regarding scheduling, reservation, cancellation, refund policies, adjustments, functionality, and issues concerning experience with a Pet Provider’s personnel or policies.
Although the Services are intended to provide each Pet Provider's availability in real-time, it is possible that a scheduling conflict may occur that requires the Pet Providers to reschedule your reservation. Creation of a reservation, by any means, is not a guarantee that the Pet Providers will honor the reservation as scheduled. Cuddles cannot guarantee availability of services to any Customer.
In the event you pay for Pet Provider Services using the Cuddles Payment Services, your payment will be received by us acting as commercial agent on behalf of the Pet Provider. If we receive payment as commercial agent on behalf of the relevant Pet Provider, you will receive a corresponding credit with that Pet Provider, net of any fees, expenses, and other charges or holdbacks which we may apply at our discretion.
All Pet Provider Services available for purchase on the Cuddles Website or the Cuddles Widget are offered by Cuddles on behalf of the Pet Providers. That is, Cuddles takes and concludes your bookings as a commercial agent for Pet Providers. Therefore, we are not responsible or liable to you for the actual Pet Provider Services that are booked through the Cuddles Booking Services.
We may amend these Terms and Conditions from time to time as set out in Section 13 these Terms and Conditions. Every time you wish to make a Cuddles Booking, please check these Terms and Conditions to ensure you understand the terms which will apply at that time.
When you make a Cuddles Booking, you will be able to select which Pet Provider Services you would like to receive. The Cuddles Booking Services provide you with an opportunity to check and amend any errors before confirming your Cuddles Booking, and will disclose any other relevant terms (e.g. cancellation policy) to you prior to your confirmation. Please take the time to read and check all details of your appointment and applicable terms of sale before confirming your Cuddles Booking. We are appointed as the commercial agent of the Pet Provider to conclude Cuddles Bookings on its behalf, and the Pet Provider Contract will be formed when we send you a Booking Confirmation. Your Booking Confirmation is your receipt from Cuddles, and will be sent to the email that you supply on your Cuddles Customer Account upon confirming a Cuddles Booking. If you require an additional receipt, you will need to contact the Pet Provider directly. If you wish to reschedule your appointment details (time/date) in whole or in part after you have received a Booking Confirmation, you may do so through either the Cuddles Website or the Cuddles Widget, or by contacting the relevant Pet Provider directly. However, you may only reschedule your appointment provided that your appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Pet Provider. The interval between when you may reschedule your appointment and your scheduled appointment start time will be determined independently by each Pet Provider, and disclosed to you at the time of making your Cuddles Booking. You should review and understand the cancellation policy before confirming your appointment on the Cuddles Website or Cuddles Widget. Please note that your ability to reschedule your appointment will be subject to the Pet Provider’s availability during the time you wish to reschedule.
Pet Providers are under a duty to provide Pet Provider Services that are in conformity with the relevant Pet Provider Agreement. All Pet Provider Services shown on the Cuddles Website and Cuddles Widget are subject to availability. The images and/or descriptions of the Pet Provider Services on the Cuddles Website and Cuddles Widget are for illustrative purposes only, and actual Pet Provider Services may vary from those images and/or descriptions. We require Pet Providers to ensure that all information provided by them for display on their page of the Cuddles Website and Cuddles Widget is accurate, complete and not misleading in any way. Nonetheless, we cannot verify the information which Partners provide to us. It is each pet Provider’s responsibility to ensure that all of its Pet Provider Services listed on the Cuddles Website and Cuddles Widget are available and accurately described.
It is the Customer’s sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Pet Provider that might affect or be affected by any Pet Provider Services (for example without limitation, pet allergy information and pet health issues). If you (or the relevant recipient of the Pet Provider Services) fail to disclose any such information to the applicable Partner, neither Cuddles nor the relevant Pet Provider shall be liable to you (or the recipient of the Pet Provider Services) for any injury, loss or damages resulting from the Pet Provider Services that could reasonably have been avoided if you had disclosed that information prior to receiving the Pet Provider Services. Notwithstanding anything to the contrary herein, in no event shall Cuddles be liable to you for any injury, loss, emotional distress, or other damages resulting from the Pet Provider Services.
In addition to any rights you may have at law, you may in certain circumstances have the right to cancel a Pet Provider contract and/or Cuddles contract (as applicable) with the terms set out in this Section 6. If you wish to cancel your Cuddles Booking, you may do so through either the Cuddles Website or the Cuddles Widget, or by contacting your Pet Provider directly. You may only cancel a Cuddles Booking through the Cuddles Website or Cuddles Widget provided that your appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Pet Provider. The interval between when you may cancel your appointment and your scheduled appointment start time will be determined independently by each Pet Provider, and disclosed to you at the time of making your Cuddles Booking as part of the Terms of Sale. Certain Pet Providers may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by you at the time of making your Cuddles Booking. If a Pet Provider has such a Cancellation Policy, then Cuddles may automatically charge your Card an amount determined by the Pet Provider, which may be up to the full amount (100%) of the value of the Cuddles Booking. If you cancel an appointment beyond the time indicated in the Pet Provider’s Cancellation Policy, you will not be entitled to any refund unless mutually agreed between you and the Pet Provider directly. Certain Pet Providers may also choose to implement a No Show Policy. If you fail to show up to a Cuddles Booking, whether on the premises of a Pet Provider or at a site designated by you, at the time indicated on the Cuddles Booking, a Pet Provider may choose to exercise their No Show Policy, wherein Cuddles may automatically charge your Card an amount up to 100% of the value of the Cuddles Booking.
By providing Debit or Credit Card information through the Cuddles Website to use the Cuddles Payment Services, you represent, warrant, and covenant that:
Additionally, when you authorize a payment using the Cuddles Payment Services, you further represent, warrant, and covenant that:
Breach of any of the representations, warranties, and covenants in this Section 7 are grounds for denial of the Cuddles Payment Services or any of the other Cuddles Services. For the avoidance of doubt, this does not exhaust the claims Cuddles may have for breach of the representations, warranties, and covenants described in this Section 7.
To confirm that the payment Card information you have provided is accurate, we may place a temporary $1.00 authorization hold on your debit or Credit Card at the time you provide your payment Card information to the Cuddles Website. After we verify that your payment Card information is accurate, the $1.00 hold will be removed and/or refunded. Authorizations and holds may reduce your available credit by the authorization amount until your applicable Card issuer's next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or non-sufficient funds charges by the institution issuing your Debit or Credit Card. We are not responsible for these charges and are unable to assist you in recovering them from your issuing institution.
We care about your experience and want to ensure we maintain the highest standards possible. If you have any feedback or would like to make a complaint about one of the Pet Providers using Cuddles Services or their Pet Provider Services, please either:
If you reach out to us at help@cuddlesapp.com, we may contact the Pet Provider to attempt to resolve the issue. If we are unable to resolve the issue following contact with the Pet Provider, and if we consider it to be fair in all the circumstances, then we may, at our sole discretion and always as a last resort, elect to give you a refund for the disputed/complained about amount. These refunds will be processed through the Cuddles Payment Services.
IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT PET PROVIDERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE PET PROVIDER SERVICE(S) WHICH THE PET PROVIDERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR ANY OTHER RECOMPENSE IN THE EVENT YOU ARE DISSATISFIED WITH PARTNER SERVICES WHICH YOU HAVE RECEIVED FROM OUR PARTNERS.
Cuddles reserves the right to partially or fully restrict your access to the Cuddles Services where any of the following occur:
Additionally, you understand that because Pet Provider Services are sold by Pet Provider, and not by us, Pet Providers maintain the right to impose additional restrictions on who may buy and book the Pet Provider Services that they offer. In particular, a Pet Provider may choose to restrict your access to their Pet Provider Profile; prevent you from making a Cuddles Booking with Pet Provider Services that they offer; and otherwise restrict your ability to interact with that Pet Provider on the Cuddles Website or Cuddles Widget. These restrictions are determined solely by the Pet Providers, and we are unable to provide you with access to these Pet Provider Services.
Prices and any applicable delivery and/or processing charges will be as quoted on the Cuddles Website or Cuddles Widget. The final price you pay connected with a Cuddles Booking may be adjusted to reflect any additional goods or services you purchase from the Pet Provider at the time of receiving Pet Provider Services, if that purchase is handled through the Cuddles Payment Services. Additionally, the Pet Provider may, at their sole discretion, issue a discount that would be reflected on the final invoice.
The Pet Provider has full responsibility for accounting for indirect taxes on the total value of the Cuddles Booking, plus any adjustments for additional goods or services sold or discounts applied, where applicable. Cuddles does not charge you taxes on Cuddles Bookings, as the Pet Provider Services are provided by the Pet Provider, not by Cuddles. As a result, Cuddles cannot provide you with a tax invoice in respect of your Cuddles Bookings, and tax invoices will need to be provided by the Pet Provider.
Payment for all Pet Provider Services must be made prior to or at the time of receiving services in the currency stated on the Booking Confirmation. You may pay for Pet Provider Services you receive using the Cuddles Payment Services, or directly with the Pet Provider with cash or credit card. If you do choose to pay using the Cuddles Payment Services, you may be subject to the terms and conditions, privacy policy, and other terms of use of our Payment Processors.
Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
Payments made through the Cuddles Payment Services are processed by third party payment services providers (Payment Processors). Cuddles takes reasonable care to ensure that the Cuddles Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to the Cuddles Payment Services, nor can we guarantee that the facility is virus or error free. Because the Cuddles Payment Services rely on third parties, there are many factors beyond our control (such as delays in the banking system or in card Networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Additionally, access to the Cuddles Payment Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to the Cuddles Payment Services and will do what we can to restore the facility as soon as reasonably possible.
For certain Cuddles Bookings, there may be an option for you to make a Pay Cash In Store Booking. This means that you may make a Cuddles Booking without using the Cuddles Payment Services, and then pay the Pet Provider directly for the value of the underlying Pet Provider Services with cash, Credit Card, or another payment instrument acceptable to the Pet Provider. This option will only appear if the Pet Provider enables this option, and may not appear for some Pet Providers. Please note that when you make a Pay Cash In Store Booking on the Cuddles Website or Cuddles Widget, no binding legal contract in respect of the Cuddles Booking is made.
The property rights in the Cuddles Software, Cuddles Website, Cuddles Widget, and other materials and all other intellectual property rights related to the Cuddles Services are owned by Cuddles and its licensors. The Pet Provider Agreement and/or Terms and Conditions does not transfer any intellectual property rights with respect thereto and only provides Pet Provider and/or you a limited, non-exclusive and non-transferable license to use the Software, Cuddles Website, Cuddles Widget and all other materials made available by Cuddles solely for the purpose of using the Cuddles Services in accordance with these terms and applicable usage instructions communicated to Pet Provider and/or you via the Cuddles website from time to time.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE CUDDLES SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF OUR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF A SERVICE.
c. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE CUDDLES SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
d. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless Cuddles and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to:
We may revise these Terms and Conditions from time to time in the following circumstances:
Every time you use the Cuddles Booking Services, the Terms and Conditions in force at that time (and available for view on Cuddles Website or Cuddles Widget and accepted by you at the point of appointment confirmation) will apply to the Cuddles Contract between you and us and the Pet Provider Contract between you and the Pet Provider. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
Cuddles reserves the right to change or amend Cuddles Software, Cuddles Website and/or Cuddles Widget at any time, to provide Pet Provider with a new version thereof, and/or to change the functionalities and characteristics of Cuddles Software, Cuddles Website and/or Cuddles Widget.
(a) Notices. All communications and notices from you must be sent to Cuddles by email at help@cuddlesapp.com or by post to attention: Cuddles App, 8300 NE 2nd Ave Ste 142, Miami, FL, 33138. Cuddles may communicate and give notice to you via post, email or by posting notices on the Website, App or Widget.
(b) Severability. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(c) Governing Law. These Terms and Conditions will be governed by and construed in accordance with Florida law…..
(d) Interpretation. Where applicable, words in these Terms and Conditions that are defined in the singular shall retain the same definition in the plural, and vice versa. Words in the masculine include the feminine, and vice versa. No regard for gender is intended by the language in these Booking Terms and Conditions.
We will attempt to fix processing errors we discover. If an error results in your receipt of fewer funds than you are entitled, we will credit your Cuddles account for the difference. You grant us recovery authorizations concerning processing errors. If an error results in your receipt of more funds than you are entitled, Cuddles may recover the extra funds from you. We will only correct Transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic Transaction history will be deemed a waiver of any right to amounts owed to you.
Cuddles may request additional information from you at any time. For example, Cuddles may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver’s license, a business license, or other information. Cuddles may also ask for permission to inspect your business location. If you refuse any of these requests, your Cuddles account may be suspended or terminated.
You will be charged and agree to pay the applicable fee to use the Service, as displayed in your Pet Provider Agreement. You must notify Cuddles in writing within 30 days of incurring a charge that you dispute. If you notify Cuddles after 30 days, you agree Cuddles has no obligation to effect any adjustments or refunds.
Cuddles shall be unilaterally entitled to raise the prices for Cuddles Services with commercially reasonable notice. The Pet Provider may, however, cancel the Pet Provider Agreement with Cuddles for which the price increase is applicable by providing written notice to Cuddles at help@cuddlesapp.com.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the payment services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any Transaction. Cuddles specifically disclaims any liability for Taxes. If in a given calendar year you process (i) more than the applicable reporting threshold according to the Internal Revenue Service (“IRS”) and/or state and local governments in gross amount of payments and/or (ii) more than the applicable number of payments threshold according to the IRS and/or state and local governments, Cuddles will be required by law to report information about you and your use of the payment services to the IRS. For purposes of determining whether you have met the IRS and/or state and local government reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. Whether you reach the applicable gross amount in payments or more than the applicable number of payments, this will be determined by looking at the taxpayer identification number (“TIN”) associated with your Cuddles account.
If you do not process payments through your Cuddles account for an extended period of time or have not linked a valid bank account, you may have a balance that is deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, Cuddles will provide you with notice as required by applicable law and instructions for how to transfer your balance. If funds still remain in your Cuddles Account, Cuddles will escheat such funds as required by applicable law or, as permitted, to Cuddles.
By using Cuddles, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. Cuddles may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of inconsistency between a Network Rule and these payment terms, and except as otherwise agreed between Cuddles and any Network, the Network Rule shall apply. You also agree to be bound by any applicable NACHA Rules.
Your use of Network logos and marks (“Network Marks”) is governed by the Network Rules; you must familiarize yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Network Marks. You will not contest the ownership of the Network Marks, and any Network may prohibit you from using its Network Marks for any reason and at any time. Cuddles may require you to make modifications to your Website or other advertising and signage in order to comply with Network Rules related to the Network Marks.
“PCI DSS” means the security standards for transmitting, processing or storing Card data / payment details, known under the name PCI DSS, as required to be observed under the scheme rules of the Card schemes. (www.pcisecuritystandards.org) You will comply with the applicable Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by Cuddles or its partners. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.
You understand that your failure to comply with the Network Rules or the PCI-DSS security standards, including the compromise of any Card information, may result in fines or other losses to Cuddles. You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by your and your agents’ actions.
All Transactions processed by Cuddles Payment Services will be screened by Cuddles. A number of checks on each Transaction processed by Cuddles Payment Services will represent the likelihood of the Transaction being fraudulent. Cuddles does not guarantee the prevention of fraudulent Transactions, nor against resulting Chargebacks or fines. Cuddles reserves the right to cancel Transactions that it has reasonable grounds to suspect to be fraudulent or involving other criminal activities.
The Pet Provider is obliged to ensure all data that Cuddles requests to be provided for Cuddles Payment Services, including those needed for fraud checks, are provided with each Transaction submitted for processing by Cuddles. If the Pet Provider fails to provide the requested data with each Transaction, Cuddles has the right to immediately suspend or terminate Cuddles Services.
You will request that your customer personally sign for all Transactions greater than $25 when your customer is present. You must make a written receipt available to your customers for any Transaction greater than $15. You may give your customers the option to receive or decline a written receipt.
Cuddles may terminate your use of the Cuddles Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay fees or costs accrued prior to the termination, chargebacks, and any other amounts owed to us as provided in these payment terms or the Terms of Sale. If your access to payment services has been terminated, you may still be permitted to use Cuddles other products, subject to our discretion.
Closure of your Cuddles account will cancel any pending Transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out according to your payout schedule, subject to the other conditions in these payment terms. If an investigation is pending at the time you close your Cuddles account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.