Terms and Conditions

Effective from 1 January 2023

IMPORTANT: BY USING OUR WEBSITE AND/OR BY PROVIDING US WITH ANY PERSONAL DATA, YOU GIVE YOUR EXPLICIT CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY AND IN COMPLIANCE WITH THE EFFECTIVE LAWS AND REGULATIONS ON PERSONAL DATA.

Parties and Account Ownership

Destiny Digital Software's booking system (hereinafter called “the system”) is a service provided by Destiny Digital Software, a brand operated by Destiny Digital Consulting LLC (hereinafter called "Destiny Digital"), a company registered in the United States of America.

The subscription holder and account owner (hereinafter called “the client/customer”) is the person whose email and contact information were originally used to sign up. If the person signed up on behalf of an employer, then the employer shall be the account owner.

In the event of a dispute regarding account ownership, Destiny Digital retains the right to determine, in its sole judgment, rightful account ownership and transfer an account to the rightful owner, or to temporarily disable an account until resolution has been determined.

Approval of Terms and Conditions

The customer approves the terms and conditions during registration by checking the box in the registration form on the Destiny Digital website. Destiny Digital may occasionally adjust the terms and conditions. By continuing to use the system after those changes are made, the customer agrees and acknowledges his/her/its acceptance of the changes.

Scope and Use

The subscription gives the customer the right to use the Destiny Digital system. The subscription cannot be used by others or for data processing for others. Maximum allowed number of bookable objects and any other indicated limitations must not be exceeded. The customer is only entitled to use the system for the intended purposes. In case of abuse, the subscription will be terminated without warning and further the customer may become liable for any loss or damage suffered by Destiny Digital as a consequence thereof.

Terms of Payment and Invoicing

Billing is processed every month for monthly subscriptions and annually for annual subscriptions. Payment processing is via Stripe and no credit card or other payment details are retained by Destiny Digital. Access to the system will be locked if an active Stripe subscription is not in place. If payment has still not been received by Destiny Digital within 60 days, the account will be terminated and all of the Customer's data may be lost. Payment reminders will be displayed after login and/or sent to the customer by email.

Duration and Termination

The customer may use the Destiny Digital system for as long as the subscription payments are kept up to date. The subscription account may be terminated at any time, but no refunds will be processes, meaning that access to the system will remain in place until the end of the current subscription period.

Customer Data

The customer owns and may use the data as the customer see fit. Bookings will remain in the system at least 18 months from check out date, but may thereafter be erased, unless already erased by the customer. On termination of the subscription the customer can export his/her/its data via the export function. The customer data will be deleted 1 year after the termination of the subscription or earlier at the request of the customer and Destiny Digital will not be obligated to store any customer data thereafter.

The customer hereby agrees and consents to its data, if necessary, being processed by agents, sub-processors and sub-contractors appointed/engaged by Destiny Digital. A list of sub-processors is available on Destiny Digital’s website.

Operational Stability

Destiny Digital aims for the highest possible operational stability, but is not responsible for any interruptions due to factors beyond Destiny Digital’s control. Such interruptions include, but are not limited to power failure, failure of equipment and connections and other like interruptions.

Maintenance and System Changes

To provide the best service possible, Destiny Digital may occasionally adjust or update the system. In such cases it may be necessary to temporarily shut down the system access. Destiny Digital has the right to update and improve the system and also change functionality, as long as a basic service is maintained, i.e. registration and management of reservations.

Pricing

Destiny Digital will announce any price increases at least 3 months in advance of such increase, except for those that may be required arising as a consequence of price inflation, exchange rate volatility, third-party price increases or other factors beyond Destiny Digital’s control which lead to increases in costs or prices incurred by Destiny Digital. New functionality such as additional modules or features can be priced separately.

Rights

The system is copyrighted and owned in full by Destiny Digital. Destiny Digital may at any time transfer its rights and obligations to third parties, provided that the third parties will continue to maintain the system according to these terms and conditions.

Rights to Intellectual Property

All patents, brands copyrights, design rights, get ups, logos, product names trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world which shall be provided by Destiny Digital arising out of or in connection with the supply of the system shall be the property of the respective owners thereof.

Obligations of the Customer

The customer has the complete and full responsibility of the individual transactions and agreements entered into and managed through the system. The customer is responsible at all times for verifying that the information recorded or displayed in the system is correct. The customer must not act in a manner that adversely affects others’ ability to use the system, and the customer must not register offensive or misleading information.

The customer acknowledges that, to the extent permitted by applicable law, his/her/its sole and exclusive remedy for any problems or dissatisfaction with the system, the third-party applications or the third-party application content is to stop using the system, the third-party applications or the third-party application content.

Obligations of Destiny Digital

Destiny Digital endeavours to provide the best service possible, but the customer understands and acknowledges that the system is provided “AS IS” without express or implied warranty or condition of any kind. The customer uses the system at his/her/its own risk.

Destiny Digital does not warrant, endorse, guarantee or assume responsibility for any third-party applications, third-party application content, user content, or any other product or service advertised or offered by a third-party on or through Destiny Digital’s system or any hyperlinked website. The customer understands and acknowledges that Destiny Digital is not responsible or liable for any transaction between the customer and third-party providers of third-party applications or products or services advertised on or through Destiny Digital’s booking system.

Disclaimer

Destiny Digital will not be liable for direct damages actually suffered, paid or incurred by the customer in respect of the services offered by it herein.

Neither Destiny Digital nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Destiny Digital system and its contents will be liable for:

(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;

(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the third-party provider as made available on the Destiny Digital booking system;

(iii) the services rendered or the products offered by the third- party provider or other business partners;

(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the customer pursuant to or arising out of or in connection with the use, inability to use or delay of the Destiny Digital booking system; or

(v) any personal injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the customer, whether due to acts, errors, breaches, negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to a third- party provider or any of Destiny Digital’s other business partners (including any of their respective employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Petwsye booking system, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond the control of Destiny Digital.

Destiny Digital is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the various different products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated from the customer (e.g. pet hotel, boarding facility, kennel, groomer), transportation provider (e.g. collections, drop-offs), and any other related product or service as from time to time available for a reservation (“the reservation”) and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. The customer acknowledges and agrees that it is solely responsible and assumes all responsibility and liability in respect of any reservation (including any warranties and representations made by the customer). Destiny Digital is not a (re)seller.

Complaints or claims in respect of any reservation (including related to the offered (special/promotion) price, policy or specific requests made) are to be dealt with by the customer. Destiny Digital is not responsible for and disclaims any liability in respect of such complaints, claims and product liabilities.

Whether or not the customer has charged for the booking, the customer agrees and acknowledges that it is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the booking price or fee to the relevant tax authorities. Destiny Digital is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the booking price or fee to the relevant tax authorities. Destiny Digital does not act as the merchant of record for any product or service.

The customer acknowledges the difficulties inherent in the use of the internet, in particular, varying speeds and congestion in the network can cause interruptions and difficulties in accessing a website. Destiny Digital excludes any and all liability which is related to any (temporary (scheduled or unscheduled) and/or partial or wholly breakdown or downtime (for maintenance, updates or otherwise of the website and/or the Destiny Digital system.

Credit Card Information and Payments

Destiny Digital facilitates payment processing through third-party payment processors. Destiny Digital never acts nor operates as the merchant of record. Destiny Digital is not liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charges by the customer or for any amount for any valid or authorized charge (including prepaid rates, no-shows and chargeable cancellations.

Privacy and Data Protection

Destiny Digital has taken all reasonable precautions necessary to prevent the destruction, loss or access and abuse of system information by any unauthorized third party. Destiny Digital processes customer data for the customer alone and not for its own, non-relevant purposes. Destiny Digital keeps all customer data confidential and will only disclose information about the customer to a third party if it is relevant to the service being provided through this agreement. Destiny Digital will contact the customer with critical information related to the customer’s account when needed.

Any personal data collected will be processed in a fair, legal, transparent manner and in accordance with the General Data Protection Regulation EU 2016/679 (“GDPR”) and the Data Protection Act 2018. GDPR compliant thirdparty services may be used for data processing. Destiny Digital is authorized to act as the “ data processor” of personal data in behalf of the customer, who will be the “data controller” of such data.

The customer must handle and process personal data and guest information according to applicable privacy and data protection regulations, such as the GDPR. The customer is responsible for obtaining consent for any processing of personal data, email communications and similar processing. The customer must honour any requests to share, modify or delete a person’s data, e.g. by deleting booking history data, etc. Destiny Digital will not unnecessarily store any data once it has been deleted by the customer.

Disputes

These terms and conditions and the provision of Destiny Digital’s services will be governed by and construed in accordance with the law of the State of Delaware in the United States. Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent Courts in Delaware, the United States.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and the customer cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, the customer shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law and the customer shall at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.