Terms & Conditions for Customers
Last Updated: 10 May 2024
These Terms and Conditions govern the Facilitation Services that Bark.com will make available to you, and are in addition to any website terms of use that apply from time to time, to your use of the Website (as defined below). These Terms and Conditions (also, “Agreement”) contain important information about your legal rights and obligations, and is a legally binding agreement between you (“you”, the “Customer”), and Bark.com Global Limited ("we", "us", "Bark").
You should read these Terms and Conditions carefully before using our Bark.com Website, as by using our Platform and Facilitation Services, and by clicking accept when prompted to the Website, you agree to be bound by all agreements which constitute Bark’s Terms of Service, including the Terms of Use, Privacy Policy and Cookies Policy, and that you will comply with them.
If you want to use our Website, you must first read and agree to this Agreement. If you do not understand this Agreement or you do not agree to all of its terms and conditions, you may not use our Website and do not click to accept this Agreement or “sign-up”. If you are using our Facilitation Services on behalf of a business or a legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.
You may only use the Website if you are at least 18 years old.
About us
We, Bark.com Global Limited (“we”, “us”, “Bark”) make the Facilitation Services available to you via the Website. We are a company registered in England and Wales under company number 10614196, registered address 85 Great Portland Street, London, England, W1W 7LT. Our VAT number is GB175306803.
You can contact us:
By email at
[email protected]By phone at 020 3697 0237
By post at 85 Great Portland Street, London, England, W1W 7LT
1.
Definitions and Interpretation
1.1.
In these Terms and Conditions, the following words and expressions have the following meanings:
“Bark” a request from a Customer as referred to in clause 2.2 below;
“the Customer” / “you” businesses and consumers who use the Website to search for a Professional who can provide the professional services they require;
“Customer Contract” the contract between the Professional and the Customer for the provision of the Services;
“the Facilitation Services” the identification of relevant Professionals and the provision by Bark, of a Professional’s contact details, as set out in clause 2.5;
“the Professional” means the person offering their professional services to Customers;
“the Services” the professional services provided by a Professional to a Customer;
“the Website” means www.Bark.com
2.
The Facilitation Services
2.1.
Bark.com operates the Website which has been established to facilitate introductions between potential customers and professionals for the provision of a wide range of services.
2.2.
Customers will be able to search the Website to find potential professionals, and the Website algorithms will help identify professionals who may be able to meet the Customer's requirements. We call Customer requests "Barks", and each Bark will result in us putting you in touch with Professionals who may be able to fulfil the criteria you have provided.
2.3.
To use the Facilitation Services, you will be required to accept these Terms and Conditions on submitting a Bark, and an agreement will be formed between you and us for the provision of the Facilitation Services at that point. You will need to enter into a separate contract with any Professionals you wish to instruct to provide you with Services. See below for more information.
2.4.
When you submit your Bark, you allow us to verify your contact details and location. If the contact details are incorrect, inoperative or disabled, or if the IP address associated with the request does not match the location of the service requested or falls outside Bark.com’s operation area, your request will be rejected.
2.5.
When your Bark is verified, you will be provided with details of all of the Professionals who may be able to fulfil the criteria that you provided. A maximum of five Professionals will contact you directly and you can opt to contact the Professionals yourself. Where we cannot identify any Professionals who may be able to fulfil the criteria you submitted, you will be notified that this is the case, and given the opportunity to expand your requirements.
2.6.
You will be entitled to review the information you receive from the Professionals, and may or may not decide to engage a Professional to provide the Services you require. We cannot in any way endorse or confirm that the Professionals identified as a result of the Facilitation Service we offer are able to fulfil your requirements, and it will be your sole responsibility to engage with the Professional to establish whether they can meet your requirements prior to you entering into a Customer Contract.
2.7.
If you do engage a Professional to provide the Services, you will become a customer of the Professional and will enter into a Customer Contract with them. For the avoidance of doubt, the Services are provided to you by the Professional, and not by Bark.com. Bark.com is not a party to any Customer Contract and under no circumstances will any such contract create an employment or any other service relationship between Bark.com and any Customer.
2.8.
Bark.com shall provide a link from the Website to the Professional's own website (where applicable), and shall include a facility for Customers to review a Professional's performance which shall be available on the Website for other prospective customers to see.
2.9.
Reviews should be honest, based on your own experience, and should not contain racist or sexist content, content which is otherwise offensive, content which condescends certain people or groups, copyrighted material, unlawful content, any personal information or any information which you know to be inaccurate or false. We reserve the right to remove reviews which do not comply with these guidelines, and may ban you from leaving further reviews in the future. Please see our Website Terms and Conditions for further detail.
2.10.
Bark.com has no influence or control whatsoever on the information contained on the Professional's website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Professional. You will need to contract directly with the Professional for any Services you require from them.
2.11.
The Facilitation Services shall be provided to you at no cost.
Important:
Bark.com acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Professional to a Customer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by the Professional, you will have legal rights of redress against the Professional directly, and not against Bark.com.
3.
Ending our contract
3.1.
You can always end your contract with us, and you can do this by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone or post using the details listed above.
3.2.
As Bark.com is not a party to any Customer Contract, the termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Customer Contract you may have with a Professional.
3.3.
We may revoke or limit your access to the Services, deny your registration, or revoke your access to the Website and refuse to provide any or all Facilitation Services to you if:
3.3.1.
you breach any terms and conditions of this Agreement;
3.3.2.
we have reason to believe that you have provided false or misleading information to us;
3.3.3.
we conclude that your actions may cause legal liability for you or others; may be contrary to the interests of the Website or the user’s community; or may involve illicit or illegal activity;
3.3.4.
we are required to by law, legal process, or law enforcement.
4.
Ranking criteria for Professionals
4.1.
When you place a request on the Website, Bark creates a list of Professionals who meet the requirements that you have specified. Professionals on the list are ranked by Bark.com based on a default algorithm which values certain criteria.
4.2.
The possession of certain criteria enables the algorithm to select the best matches for your request. Among the Professionals who provide the Service requested in a specific location, the algorithm attributes a higher ranking to those who:
4.2.1.
have a full, up-to-date profile with signs of great experience prior to joining Bark.com;
4.2.2.
have positive performance on Bark.com and a strong review score;
4.2.3.
respond to Customer requests very quickly;
4.2.4.
are highly active on the Website; and/or
5.
Data Protection
Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.
6.
Liability
6.1.
As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Professional and agree that Bark.com does not supervise, direct, control, or monitor the Professional in the performance of any contractual obligations. It is the Professional who is responsible for the provision of the Services to you.
6.2.
Bark.com shall have no liability to you whatsoever in respect of the provision of the Services and/or your dealings with any of the Professionals who are listed on the Website. This means that any error or delay in the performance of the Services, any breach of obligations, and any fraudulent misrepresentation made by a Professional directly on the Website, is the full and complete responsibility of each Professional.
6.3.
You further acknowledge and agree that you are solely responsible for evaluating and determining the suitability of any Professional, for assessing whether to enter into a Customer Contract and, for verifying any information concerning the Professional.
6.4.
Nothing in these Terms and Conditions limits or excludes our liability to you for:
6.4.1
death or personal injury resulting from our negligence;
6.4.2
our own fraud or fraudulent misrepresentation; or
6.4.3
any other matter for which we are not permitted by law to exclude or limit our liability.
6.5.
We accept no liability for the information contained on any third-party websites linked to on our Website and we won't be liable for any loss or damage that may arise from your use of them.
If you are an individual consumer
6.6.
Please note that we only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer
6.7.
To the maximum extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to this website or any content on it, whether express or implied.
6.8.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:
6.8.1
loss of profits, sales, business, or revenue;
6.8.2
business interruption;
6.8.3
loss of anticipated savings;
6.8.4
loss of business opportunity, goodwill or reputation; or
6.8.5
any indirect or consequential loss or damage.
6.9.
In recognition of the fact that Bark.com is not a party to any contract between Customers and Professionals, you hereby release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with a Professional that exist as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided and requests for refunds based upon disputes. This release will not apply to a claim that Bark failed to meet our obligations under the Terms of Use.
6.10.
The Customer shall defend, indemnify and hold harmless Bark.com, and its espective directors, officers, employees, and representatives against claims, actions, proceedings, losses (including all direct, indirect and consequential losses), damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Facilitation Services.
7.
General provisions
7.1.
We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
7.2.
We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
7.3.
You need our consent to transfer any rights you have under our Terms and Conditions to someone else. No other assignments are valid without our prior consent, which may be requested via email or letter at the above address. Any other attempted transfer or assignment will be null and void.
7.4.
This Agreement does not grant any rights to anyone else. Its provisions are between you and us and cannot be enforced by any third party.
7.5.
To the extent any provision of this Agreement is held illegal, invalid, or unenforceable, in whole or in part under applicable law, its illegality, invalidity or unenforceability will not affect the other provisions, which will continue in effect. Each of the paragraphs of these Terms and Conditions operates separately.
7.6.
Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you are an individual consumer
7.7.
These Terms and Conditions are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business customer
7.8.
If you are a business user these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).
7.9.
Bark may record video and/or phone calls for quality assurance and training purposes. By signing this agreement, you agree to the recording of video and/or phone calls. You may revoke consent to record a particular call by alerting us.
7.10.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or our Facilitation Services you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.