Participation Terms

 

Welcome to the Swifto Dog Walking Service!

 Please read the following terms and conditions of participation ("Participation Terms") carefully before using the Swifto Dog Walking Service (the “Dog Walking Service”) so that you are aware of your legal rights and obligations with respect to Swifto Inc. ( “Swifto”, “we”, "our" or "us").  By using the Dog Walking Service you expressly acknowledge and agree that you are entering into a legal agreement with Swifto, and have understood and agree to comply with, and be legally bound by, the terms and conditions of these Participation Terms.  If you do not agree to be bound by these Participation Terms please do not use the Dog Walking Service.

 

1.  Background.   The Dog Walking Service is intended to facilitate dog walks (each a "Dog Walk") by Swifto dog walkers (each a "Dog Walker").

2.  Locations.  We currently provide Dog Walks in Manhattan, Brooklyn and Queens. Call us on (855)967-5486 to see if we walk in your area. 

3.  Registered Users Only.  Only a registered user of our website www.swifto.com (the "Site") can book a Dog Walk.  If you are not a registered user you can easily create a Site account by visiting our Site. You can also contact us to register a Site account by emailing us at scheduling@swifto.com or calling us at 855 967 5486. 

4.  Types of Walks that we Offer. 

4.1.  Subscription Walks.  We offer Dog Walks on a monthly subscription basis ("Subscription Walks").  If you subscribe to Subscription Walks you will need to have scheduled a minimum of three recurring Dog Walks per week during each month. 

4.2.  Sporadic Walks.  We also offer one-off Sporadic Dog Walks (each a "Sporadic Walk") in response to a request that you make.  Due to the availability of the Dog Walkers, we cannot guarantee that we will be able to fulfill your request for a Sporadic Walk. 

4.3.  Subscription Customers Who Need Sporadic Walk(s).  If you have scheduled Subscription Walks but you need an additional Dog Walk(s) outside of your scheduled Dog Walks then we will try to accommodate your request.  This will depend on the availability of your regular Dog Walker (or the availability of one of our replacement Dog Walkers).  

4.4.  Pricing.  The pricing for Dog Walks, whether they are Subscription Walks or Sporadic Walks, is displayed on our Site.  Generally, all Dog Walks must be paid for in advance.  Subscription Walks are paid for at the beginning of each month (based on the number of scheduled Dog Walks to occur during that month) and Sporadic Walks are paid for before they occur.  We provide more information about pricing and payments below.

5.  Scheduling Subscription Walks and Sporadic Walks and the Dog Walk Days and Times.

5.1.  You may contact us to subscribe to Subscription Walks, or to order a Sporadic Walk by emailing us at scheduling@swifto.com or calling us at 855 967 5486. 

5.2.  If you want to order Subscription Walks we require at least 24 hours notice.  When you place your order to subscribe to our Dog Walking Service you will need to let us know your requested Dog Walk days and times for the first month of your subscription.  You can request to change the Dog Walk days and times for subsequent months by giving us at least 24 hours notice before each month begins. 

5.3.  If you want to order a Sporadic Walk we require at least 24 hours advance notice.

5.4.  Even though we offer the possibility of a Dog Walk 24x7 the actual scheduling of a Dog Walk depends on the availability of a Dog Walker.  We always try to accommodate your requested Dog Walk days and times.

5.5.  Please be aware that while we offer the possibility of a Dog Walk 24x7 we are only available to schedule Dog Walks in response to an email or telephone call that we receive during our Office Hours which are Monday-Friday, 9am-6pm (not including public holidays).  We have the right to refuse to schedule a Dog Walk for any reason.

6.  Weekends and Public Holidays.  We intend to provide Dog Walks on the weekend and on US national holidays.  If a Dog Walk occurs on a weekend or on a US national holiday then it may be subject to a surcharge in addition to our standard fees.  The amount of any such surcharge, as well as our standard fees, are displayed on our Site.

7.  Walk Duration.  We offer a variety of different durations for each Dog Walk.  The different Dog Walk durations, and their pricing, are displayed on our Site.

8.  Our Dog Walkers. 

8.1.  Employees.  Our Dog Walkers are Swifto employees and not independent contractors.

8.2.  Interview and Training Process.  Each Swifto Dog Walker goes through an interview and training process.  We strive to only choose Dog Walkers who meet our high standards.  More information about what we look for in a Dog Walker, and the interview and training process, is provided in our Frequently Asked Questions available at: www.swifto.com\faqs.

8.3.  Insurance.  We require that our Dog Walkers are insured under our insurance program ("Insurance"). To find out what the program covers please visit the Site at: https://swifto.com/dog-walker-insurance. The Insurance covers certain incidents that may occur during a Dog Walk while your dog is in our care.  Even though certain coverage may be provided under the Insurance, you are still responsible and liable to obtain your own insurance coverage with respect to your pet. 

9.  Choosing your Dog Walker – Meet and Greet.

9.1.  We may offer to schedule a single meet and greet session between you and a prospective Dog Walker so that you and your dog and the prospective Dog Walker can all meet and feel comfortable with each other ("Meet and Greet").  Unless we let you know in advance, any such Meet and Greet is complimentary (so we don't charge you for it).  A Meet and Greet generally lasts for around thirty (30) minutes. 

9.2.  We intend to offer you a Meet and Greet when you first join Swifto. 

9.3.  If you have a regular Dog Walker and they stop to be available (for example, if they stop to be engaged by us), then we may also offer you a new Meet and Greet with a prospective replacement Dog Walker.

9.4.  If you are not comfortable with the prospective Dog Walker following the Meet and Greet please let us know within three (3) days of the Meet and Greet and we will schedule a new single Meet and Greet with a different Dog Walker.  If you don't let us know that you would like to swap your Dog Walker within the three (3) day time-frame then you will be deemed to accept the Dog Walker.  We reserve the right to charge for any Meet and Greet, but will let you know in advance.

9.5.  We reserve the right to refuse to offer Dog Walks following a Meet and Greet.

9.6.  Please be aware that we only offer a Meet and Greet to our regular customers who subscribe to Subscription Walks.  If you order a Sporadic Walk then we do not intend to offer you a Meet and Greet.

10.  Your Regular Dog Walker. 

10.1.  If you contact us for a Sporadic Walk then you may receive a different Dog Walker each time.

10.2.  If you have subscribed to Subscription Walks ("Regular Customer") then we will use commercially reasonable efforts to pair you with the same Dog Walker for each Dog Walk (bearing in mind of course that she or he may be unavailable now and then because of vacation, illness, or some other reason). 

10.3.  If you are a Regular Customer and your regular Dog Walker is temporarily unavailable for a specific Dog Walk then will contact you and offer the opportunity to cancel that Dog Walk (without being charged for it).  If you choose to continue with the Dog Walk then we reserve the right to send a temporary replacement Dog Walker without first offering you, or providing, a Meet and Greet ("Temp Dog Walker").  We will always, to the extent possible, try to contact you to let you know in advance and to inform you that we are sending a Temp Dog Walker.      

10.4.  If your regular Dog Walker is permanently unavailable (for example, they may no longer be engaged by Swifto as a Dog Walker or they may have moved to a different neighborhood) or is unavailable for a long time (for example, they may be on an extended vacation) then we will appoint a replacement Dog Walker.  In such an event, you will be entitled to a Meet and Greet with the proposed replacement Dog Walker.

10.5.  If you a Regular Customer but you request a Sporadic Walk that is not part of your regular schedule, then you may receive a different Dog Walker to your regular Dog Walker for that Sporadic Walk. 

11.  Changing your Regular Dog Walker.  If you are a Regular Customer then you may request, at any time, to change your regular Dog Walker.  We will make commercially reasonable efforts to comply with any request.  You will be entitled to a new free Meet and Greet with the proposed replacement Dog Walker.

12.  Canceling a Scheduled Dog Walk.

12.1.  Subscription Walks.  Subscription Walks are ordered on a monthly basis and are non-refundable.  If you would like to discontinue your subscription to Subscription Walks for the next month, please do so at least 24 hours before the next month begins.  If you don't give us the necessary notice then you will be charged for the next month of Subscription Walks. 

12.2.  Sporadic Walks.  If you would like to cancel a scheduled Sporadic Walk then we require at least 24 hours notice before the Sporadic Walk is scheduled to begin.  If you don't give us the necessary notice then you will be charged for that Sporadic Walk.

12.3.  If you wish to cancel a Dog Walk in accordance with these Participation Terms you may email us at scheduling@swifto.com or call us at 855 967 5486. 

12.4.  Cancellations by Swifto.  Of course if Swifto cancels a scheduled Dog Walk that you have paid for then you will be entitled to a refund for that cancelled Dog Walk in accordance with our Refund Policy (which is set forth below).

13.  Suspending Subscription Walks.  If you go on vacation, you may suspend your Subscription Walks until you return.  Please call us on 855 967 5486 for more information.

14.  Changing the Time of a Dog Walk.  If you wish to change the time of a scheduled Dog Walk please email us at scheduling@swifto.com or call us at 855 967 5486 as soon as possible.  We will try to accommodate your request, but if we are unable to move the Dog Walk to a different time you will still be charged (unless you cancel the Dog Walk in accordance with these Participation Terms).

15.  Starting a Dog Walk.

15.1.  Our Dog Walker will visit, and may enter, your premises to pick-up your dog at the beginning of a Dog Walk.  You always retain the right to choose how to give the Dog Walker access to your dog.  You can choose to: (i) provide the Dog Walker with a key to your premises ("Key"); (ii) leave a Key with your doorman which the doorman can give and collect from the Dog Walker as part of each Dog Walk; (iii) be home to meet the Dog Walker; or (iv) specify a different option altogether which we will try to accommodate.  But in any event, you must make sure that our Dog Walker can easily access your premises to collect your dog.     

15.2.  If a Dog Walker is unable to begin a Dog Walk because of his or her inability to (a) access or enter your premises, or (b) locate your dog, and the delay lasts for more than ten (10) minutes after the time that the Dog Walk was scheduled to begin, then the Dog Walker reserves the right to leave your premises and not provide that Dog Walk.  In such an event you will still be charged, and agree to pay, the full price for that Dog Walk.

15.3. You may select a two hour window within which our Dog Walker will arrive. For instance a 12pm walk, will be performed between 11am and 1pm. Though we strive to have the walk performed as close to the exact time as possible, any walk performed within the window is considered to be on time. The window accounts for various factors such as extra attention required of the Dog Walker at a previous walk, public transit delays, and the possibility of last minute covers.  

16.  Keys. 

16.2. If you do decide to give the Dog Walker a Key they are only permitted to use it perform Dog Walks for you.  We may also use commercially reasonable efforts to make a copy of the key for emergencies ("Emergency Key"), for example if the original key is lost.  If we do so, we will keep the Emergency Key at our premises.  If you don't want us to make an Emergency Key please let us know.

16.3.  You may ask for us, or a Dog Walker, to return your Key and/or Emergency Key to you at any time. 

16.4.  Please be aware that even though we try our best not to lose a Key or Emergency Key, we cannot promise that it won't happen.  Therefore, please keep a separate set of your own keys (definitely don't give us the only copy).  If we do happen to lose a Key or Emergency Key we will let you know, but you agree: (i) that we will not be responsible or liable to pay any costs, expenses or damages associated with changing your locks or which you incur as a result of the lost Key or Emergency Key; and (ii) to hold us harmless, and expressly release us, from any and all liability arising from any loss of your Key or Emergency Key. 

17.  Flexibility.  We use commercially reasonable efforts to commence each scheduled Dog Walk within a two (2) hour window.  If you have very specific Dog Walking times, please let us know and we will try (but can't guarantee) to accommodate you.

18.  Collar and Leash.  We do not provide a collar and leash for your dog.  If you don't have your own collar and leash for your dog then we will not be able to take your dog on a Dog Walk.  If we arrive at your premises to provide a Dog Walk and your dog does not have a suitable collar or leash you may still be charged for that Dog Walk.

19.  Dog Aggression.  We intend to walk all dogs.  Of course, if a Dog Walker thinks that a particular dog is dangerous or poses certain risks then we may refuse to walk that dog.  Or, if we do walk that dog it may need to be under specific circumstances (for example, they may need to wear a mouth-guard at all times).  We always reserve the right to refuse to walk a specific dog. We may offer you a refund for any canceled Dog Walk if we refuse a Dog Walk that has been scheduled because our Dog Walker chooses not to work with an aggressive dog, but this will depend on the circumstances and is at our sole discretion.

20.  Ending a Dog Walk.

20.1.  Our Dog Walker will visit, and may enter, your premises to drop-off your dog at the end of a Dog Walk.  You always retain the right to choose how to give the Dog Walker access to your premises to drop-off your dog.  You can choose to: (i) provide the Dog Walker with a Key to your premises; (ii) leave a Key with your doorman which the doorman can give and collect from the Dog Walker as part of each Dog Walk; (iii) be home to meet the Dog Walker; or (iv) specify a different option altogether which we will try to accommodate.  But in any event, you must make sure that our Dog Walker can easily access your premises to drop-off your dog. 

20.2.  If a Dog Walker is unable to return (drop-off) your dog at the end of a Dog Walk because of his or her inability to access or enter your premises:

(i)  The Dog Walker will wait at your premises for up to thirty (30) minutes ("Waiting Time").  During this time we or the dog Walker may try to call you on the contact phone number that you have designated in your Site Account.  You may be charged twenty dollars (US$20) to compensate us for the delay and the amount of time that our Dog Walker must wait at your premises, and you agree to promptly pay us that amount on demand.

(ii)  If you have not returned after the expiration of the Waiting Time we and our Dog Walker will make arrangements for the care of your dog until you come to collect your dog. This may involve placing your dog in a doggy day care service.  If you do not come to collect your dog after five (5) days we may place your dog in the nearest animal shelter.  You will be charged all of the costs and expenses (including for our time spent, at our then-current standard rates) associated with the care of your dog, which you agree to promptly pay on demand.  You acknowledge you may need to make certain payments before your dog is released to you.  If we are required to make any payments to a doggy day care service or animal shelter you agree to promptly reimburse us upon our request.  During this time we will of course try to reach you on the phone number that you have designated in your Site Account.  We may also send you emails.

21.  Your Premises. 

21.1.  If you give a Dog Walker permission to enter your premises as part of the Dog Walking Service, then you hereby consent for them to do so.  Such consent will remain in effect until you expressly let the Dog Walker know that you have revoked it.  If you revoke your consent, please also let us know right away.

21.2.  If you choose to permit a Dog Walker to enter your premises as part of the Dog Walking Service you hereby represent, warrant and undertake: (i) to comply with all applicable laws with respect to your premises; (ii) that your premises are safe and are suitable for a Dog Walker, or any member of the public, to visit; (iii) that you own, or have the right to permit the Dog Walker to attend and enter, your premises; and (iv) that you will treat the Dog Walker appropriately and with respect and you will not threaten the Dog Walker or engage in any violent, criminal, discriminatory or unlawful behavior or conduct with respect to the Dog Walker. 

22.  Notification Service.

22.1.  Our Dog Walking Service includes a notification service whereby dog owners can receive notifications and updates (collectively, "Notifications") about a Dog Walk and their dog ("Notification Service"). For example, we may send a message to let the dog owner know that a Dog Walk has started, about the dog's activities during the Dog Walk, or to notify the dog owner that the Dog Walk has ended. 

22.2.  If you are a dog owner, you agree: (i) to participate in the Notification Service; (ii) that we may send you Notifications and messages via email, MMS, SMS text or other electronic means to the mobile phone number and/or email address that you designate in your Site Account; and (iii) to promptly update your contact information in your Site Account in the event that you change or deactivate your mobile phone number or email address.  If you subsequently prefer not to participate in the Notification Service please let us know and we will use commercially reasonable efforts to respond as soon as possible.

22.3.  Please note that Swifto does not charge you to participate in the Notification Service but your telecommunications carrier or internet provider may charge you for their fees for messaging, data, internet access and other rates for receiving Notifications.  Of course if you choose to respond to a Notification (or otherwise contact us) by sending an email, MMS, SMS text or other form of electronic message then you may be charged for doing so by your telecommunications carrier or internet provider.

23.  Dog Pics.  We may take photos or images of your dog during a Dog Walk (each a "Dog Pic"), for example in order to send you updates about a Dog Walk as part of our Notification Service.  We are the owner of any Dog Pic that we take.  You explicitly agree that we may use this image or photo for any purpose whatsoever, including to display the Dog Pic on the Site and in our promotional materials.  If you are unhappy with any Dog Pic that we are displaying, you may contact us to remove it.

24.  Household Walks.  We provide private Dog Walks which means that our Dog Walker will take your dog, or dogs belonging to the same household, for his, her or their own personal walk.  We do not provide group walks for dogs from different households.

25.  Dog Feeding. 

25.1.  You can request that the Dog Walker will feed your dog as part of the Dog Walk.  We don't charge an additional fee (beyond the price of the Dog Walk) to feed your dog.  However, the time spent to feed your dog is included within the Dog Walk time.  You are responsible to provide (and pay for) the dog food which you would like the Dog Walker to use.  You must also tell the Dog Walker how much to feed your dog and whether your dog has any specific eating habits, requirements or health-related issues. 

25.2.  If you choose to request that a Dog Walker will feed your dog as part of a Dog Walk then you are: (i) required to purchase (at your cost) and make the dog food easily available for the Dog Walker to use; and (ii) solely responsible and liable for your choice of dog food and instructing the Dog Walker on how much food to give to your dog, when and how to feed your dog, and any other food-specific instructions or requirements.  You acknowledge and agree that: (a) we will only feed your dog if you expressly request us to do so; and (b) we are not liable or responsible for any failure to feed your dog or any damage or harm that may be suffered if we do feed your dog.  You hold us harmless, and expressly release us, from any and all liability arising from feeding, or not feeding, your dog.

26.  Pet Advice.  We do not warrant that any information or advice that may be presented by Swifto or a Dog Walker with respect to your dog is appropriate, accurate, medically-sound, current, or suitable for your dog.  If you have any specific medical or care-related question with respect to your dog we recommend that you consult a qualified veterinary or pet-care professional.

27. Prices and Payments. 

27.1.  Prices.  The prices for Subscription Walks and Sporadic Walks, and any other offerings, products or services that we may offer, are displayed on the Site.  The pricing may vary depending on the number of dogs to be walked and the frequency, duration, and timing of the walks.  We may update our pricing from time to time.  Your receipt of any Dog Walk or purchase is subject to our receipt in full of the related amount. 

27.2.  Payments.  All payments must be made over the phone directly to one of our Swifto call center representatives.  The number to call is 855 967 5486.  Site Account.  Please do not make any payments for Subscription Walks, Sporadic Walks or any offering, product or service that we may offer, directly to a Dog Walker.

27.3.  Subscription Walks.  If you have registered for Subscription Walks you may be charged up-front on a monthly basis for all of the Dog Walks that you schedule for that month.  If you don't cancel your monthly subscription to Subscription Walks before the next month begins you shall be deemed to have renewed your subscription for the next month and will accordingly be charged for the next month.

27.4.  Sporadic Walks.  If you order a Sporadic Walk you may be charged for the Sporadic Walk before it occurs.

27.5.  Payment Terms

(i)          If you make a purchase from Swifto then you acknowledge and agree: (a) that we, or one of our third party payment processors (each a "Payment Processor"), may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (b) to only provide valid and current information for yourself or another person, but only if you have first obtained their express consent to do so; and (c) that we may use the tools, software or services of Payment Processors to process transactions on our behalf.  We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.  

(ii)         If your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand. Any amount not paid when required to be paid may accrue interest on a daily basis until paid in full at the lesser of: (a) the rate of one and a half percent (1.5%) per month; or (b) at the highest amount permitted by applicable law. 

(iii)       Unless stated otherwise in these Participation Terms, all payments by you are and shall be paid in US Dollars, are non-refundable, and are exclusive of all taxes, levies, or duties, which are your responsibility. 

28.  Refund Participation Terms.

28.1.  General.   Any fees and/or payments paid to Swifto are non-refundable except for in the following circumstances: (i) if we wrongly charged your credit card, (ii) if we cancel a scheduled Dog Walk that has been paid for; or (ii) if a Dog Walker does not perform a scheduled Dog Walk for reasons that are directly attributable to Swifto or the Dog Walker. 

28.2.  Wrongfully Charged Amount.  If you reasonably believe that you have been wrongfully charged an amount by us for any other reason you may notify us and request a refund.  You may do by sending us an email to scheduling@swifto.com.  If we (in our sole discretion) find that an amount has been wrongfully charged we will (as our sole liability and as your sole remedy) refund you that amount.  Please be aware that we will not consider any refund request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed.

28.3.  Canceled Dog Walk.  If we or a Dog Walker cancel a scheduled Dog Walk then you will be entitled to a refund of the price that you have already paid for that Dog Walk.

28.4.  Non-Performance of a Scheduled Dog Walk.  If a scheduled Dog Walk did not occur for reasons that are directly attributable to Swifto or the Dog Walker (for example, because our Dog Walker did not show up to perform the Dog Walk) then we will, as our sole liability and your sole remedy, provide you with a full refund of the price that you have paid for that missed Dog Walk, in accordance with the following process:

(i)          We intend to independently check with our Dog Walkers to confirm that they performed a scheduled Dog Walk.  If we discover that our Dog Walker did not perform a Dog Walk (for reasons that are directly attributable to Swifto or the Dog Walker) then we intend to make an effort to contact you with respect to a refund.  If we do not contact you then you may notify us via email at scheduling@swifto.com within 48 hours of the time that the Dog Walk was supposed to occur to let us know that it did not occur. 

(ii)         In any event, you may notify us via email at scheduling@swifto.com within 48 hours of the time that the Dog Walk was supposed to occur to let us know that it did not occur. 

(iii)       Any failure to notify us via email as described above within 48 hours of the missed Dog Walk shall be deemed as your confirmation that the Dog Walk occurred.  

(iv)        If you contact us to let us know that a scheduled Dog Walk did not occur then we require that you provide us full details of the missed Dog Walk, including the relevant date and time.  If you don’t give us that information we may not be able to properly investigate or approve your refund request.

(v)         You are not entitled to a refund if the Dog Walker presented to perform the Dog Walk but was unable to perform the Dog Walk for any reason: (a) beyond the control of the Dog Walker, or (b) that is attributable to you. 

28.5.  Credit.  If you are entitled to a refund but instead prefer that we credit you for a future Dog Walk please let us know and we will try to accommodate your request.

29.  Dog Ownership.  You may only receive a Dog Walk for a dog that you own or are responsible for (for example, if the dog owner has asked you to dog sit while they are on vacation).

30.  Dog Owner Representations, Warranties and Undertakings.  If you are receiving a Dog Walk you represent, warrant and undertake to Swifto that: (i) you are the lawful owner of the dog, or have obtained the right from the lawful owner of the dog to receive the Dog Walk for that dog; (ii) you will at all times comply with all applicable laws and regulations that relate to the ownership and care of a dog; (iii) you have obtained, and shall maintain, all applicable licenses and consents related to your ownership and care of your dog; (iv) you have placed, and will at all times maintain, a clear and appropriate collar or tag on your dog which allows the easy identification of your dog; (v) your dog will have, or be wearing, an appropriate collar and leash that our Dog Walker may use with your dog during the Dog Walk and that both the collar and leash are safe, in working-order, free of defects, and conform with any applicable laws, regulations or standards with respect to your specific dog; (vi) your dog does not pose any threat to the health and safety of any other dog or animal or any person (including, but not limited to, any Dog Walker); (vii) your dog does not pose any threat to the property of any entity or person (including, but not limited to, any Dog Walker); and (viii) your dog is healthy (and is not currently suffering from any illness or health-related issues) and is fit to attend the Dog Walk and has received any and all vaccinations required in accordance with applicable law.  We are not responsible or liable for any harm or damage to your dog or any animal or person or entity that arises from your breach of this section and you agree to indemnify us and hold us harmless, and expressly release us, from any and all liability arising from your breach of this section.

31.  Independent Dog Walks with a Dog Walker.  For a period of six (6) months following the date of a Dog Walk, or following the date of a Meet and Greet, you undertake not to: (i) directly engage any Swifto Dog Walker (past or present) for the purpose of a dog walk (or similar activity) which is independent of Swifto and/or the Site; and/or (ii) offer, refer or facilitate the services of a Swifto Dog Walker to any third party (such as a friend) for the purpose of a dog walk (or similar activity) which is independent of Swifto and/or the Site.  You acknowledge that the foregoing undertakings are reasonable and necessary to legitimately protect Swifto, and Swifto's business, and are being undertaken by you as a condition to using the Dog Walking Service.  If you breach your foregoing undertakings then, without derogating from any other claims that Swifto may have, you agree to pay Swifto liquidated damages in the amount of US$5,000 (plus any Swifto costs for enforcement proceedings) for each breach of your undertaking.

32.  Other Services.  You may not request, or pay, the Dog Walker to perform any other dog-related services, such as pet sitting.  Any dog-related services must be ordered through Swifto. 

33.  Termination. 

33.1.  You may cease to use the Dog Walking Service at any time (you acknowledge that you may continue to be charged for Subscription Walks until you provide us with notice in accordance with these Participation Terms that you wish to cancel your Subscription).  We have the right to terminate these Participation Terms and our Dog Walking Service, or any part thereof, at any time.  If you object to any term or condition of these Participation Terms, or any subsequent modifications thereto, or become dissatisfied with the Dog Walking Service in any way, your only recourse is to discontinue use of the Dog Walking Service. 

33.2.  Survival.  This section 33.2 and Sections 23 ('Dog Pics'), 27 (' Prices and Payments', to the extent that any unpaid but due amounts remain owing), 31 ('Independent Dog Walks with a Dog Walker'), 34 ('Relationship with Terms of Service'), and 36 (' Indemnification') herein will survive any termination of these Participation Terms.

33.3.  Paid For But Unused Dog Walks.  If these Participation Terms are terminated before you have utilized all of your Dog Walks that have been paid for, you may contact us at scheduling@swifto.com to request: (i) a refund for the unused Dog Walks which you have paid for; or (ii) that we continue to provide the Dog Walks until such time as you have received all of the Dog Walks which have already been paid for.  We will use commercially reasonable efforts to respond to any such request as quickly as possible and reserve the right, in our sole discretion, to decide whether to provide the Dog Walk(s) or a refund.

34.  Relationship with Terms of Service.  These Participation Terms are incorporated into and form part of the Swifto Terms of Service which are available at www.swifto.com\terms ("Terms of Service").  If you see an undefined capitalized term in these Participation Terms then it has the meaning given to it in the Terms of Service.  In the event of any conflict or inconsistency between these Participation Terms and the Terms of Service, the Terms of Service will prevail. 

35.  Ability to Accept Terms.  The Dog Walking Service is only intended for individuals aged thirteen (13) years or older.  If you are under 13 years please do not use the Dog Walking Service.  If you are between 13 and 18 years of age, then you must review these Participation Terms with your parent or guardian before using our Dog Walking Service to make sure that you and your parent or guardian understand the terms of these Participation Terms and agree to them.  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

36.  Indemnification.  You agree to defend, indemnify and hold harmless Swifto from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from your violation of these Participation Terms.

37.  Inability to Walk your Dog.  You acknowledge and agree that if you breach any term in these Participation Terms or in our Terms of Service we may be unable to take your dog on a Dog Walk.  If we attend your premises and are unable to walk your dog for a reason that is attributable to you or your breach of these Participation Terms then you may be still be charged, and you agree to pay, for that Dog Walk.

38.  Modification.  We reserve the right, at our discretion, to change these Participation Terms at any time.  Such change will be effective ten (10) days following posting of the revised Participation Terms on the Site, and your continued use of our Dog Walking Service thereafter means that you accept those changes.

39.  Office Hours.  Our office hours are Monday-Friday 9am-6pm New York time, not including public holidays ("Office Hours").  We only respond to emails and phone calls during our Office Hours.  If you see a reference to any email address or telephone number in these Participation Terms please be aware that even though you can email or call us 24x7 we are only available to respond during our Office Hours.

Last updated: 10 January 2013