Terms of Service

Welcome to BamChi. These Terms of Service ("Terms") govern your access to and use of the BamChi mobile application, the BamChi website (bamchi.com), the BamChi Provider Portal, and all related services, features, and content (collectively, the "Platform").

The Platform is operated by BamChi Pty Ltd (ABN 54 689 357 917), a company registered in Victoria, Australia ("BamChi", "we", "us", or "our").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

To use the Platform, you must:

• Be at least 18 years of age, or at least 16 years of age with the consent and supervision of a parent or legal guardian.
• Be a resident of Australia or have a valid Australian address.
• Have the legal capacity to enter into a binding agreement.
• Not have been previously suspended or removed from the Platform.

If you are registering as a service provider, you must additionally:

• Hold a valid Australian Business Number (ABN).
• Hold appropriate insurance as required for your service type (e.g., public liability insurance).
• Hold any licences or qualifications required by applicable law for the services you offer.
• Be authorised to work in Australia.

By using the Platform, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility and to refuse or terminate access if requirements are not met.

2. Account Registration

2.1 Creating an Account

To access most features of the Platform, you must create an account. You can register using your email address (via magic link authentication) or through Google or Apple sign-in. BamChi uses passwordless authentication — you will never be asked to create or enter a password.

2.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for all activity that occurs under your account.

2.3 Account Security

You are responsible for maintaining the security of your email account and any devices used to access BamChi, as these are the means by which you authenticate. You must notify us immediately at [email protected] if you suspect unauthorised access to your account.

2.4 One Account Per Person

Each individual may only maintain one personal account. You may not create multiple accounts, share your account with others, or transfer your account to another person without our written consent.

2.5 Account Deletion

You may delete your account at any time through the app (Settings → Delete Account). Account deletion is permanent and irreversible. See our Privacy Policy for details on data retention following account deletion.

3. The BamChi Platform

3.1 What BamChi Is

BamChi is a technology platform that:

• Connects pet owners with independent service providers (groomers, walkers, sitters, trainers, and veterinary professionals).
• Facilitates the discovery, booking, and payment for pet services.
• Enables a pet owner community through features including playdate matching, local events, and messaging.

3.2 What BamChi Is Not

BamChi is a marketplace, not a service provider. We do not employ, direct, or control the service providers on our Platform. Service providers are independent operators who use BamChi to connect with pet owners. BamChi does not:

• Provide pet grooming, walking, sitting, training, or veterinary services.
• Supervise, direct, or control how providers deliver their services.
• Guarantee the quality, safety, or outcome of any service.
• Set providers' prices, hours, methods, or practices (beyond our community standards).
• Act as an employer or agent of any service provider.

3.3 Platform Availability

We aim to make the Platform available 24/7 but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We will endeavour to provide advance notice of planned maintenance where practicable.

4. Pet Owner Terms

As a pet owner using BamChi, you agree to the following:

4.1 Pet Information Accuracy

You must provide accurate and complete information about your pets, including breed, weight, temperament, medical conditions, allergies, and any behavioural issues. Failure to disclose relevant information (e.g., aggression, medical conditions) may endanger your pet, the provider, or other animals, and may result in account suspension.

4.2 Pet Health and Vaccinations

You represent that your pets are in suitable health for the services booked and that vaccinations are current as required by your state or territory. You are responsible for informing providers of any health conditions that may affect service delivery.

4.3 Responsibility for Your Pet

You are responsible for your pet's behaviour at all times, including during services, events, and playdates arranged through the Platform. You are liable for any damage, injury, or harm caused by your pet to providers, other users, their pets, or property.

4.4 Insurance

We strongly recommend that you maintain pet insurance and public liability coverage. BamChi does not provide insurance for pet owners or their pets.

4.5 Communication with Providers

You agree to communicate honestly and respectfully with service providers. All service-related communications should occur through the BamChi messaging system to maintain a record and ensure safety for both parties.

5. Service Provider Terms

5.1 Independent Contractor Status

Service providers on BamChi are independent contractors, not employees, agents, or representatives of BamChi. As a provider, you are solely responsible for:

• The manner and means by which you deliver your services.
• Your own tax obligations, including GST registration and reporting.
• Maintaining required licences, permits, and qualifications.
• Maintaining adequate insurance (minimum public liability of $10,000,000 recommended).
• Compliance with all applicable laws and regulations governing your services.

5.2 Provider Onboarding and Approval

Provider accounts require approval by BamChi before going live on the Platform. We review applications based on the information provided but do not guarantee approval. Approval does not constitute an endorsement, certification, or warranty of the provider's qualifications or services.

5.3 Service Listings

You are responsible for the accuracy of your service listings, including descriptions, pricing, availability, and photos. Prices must be listed in Australian dollars (AUD) and must include GST if applicable. You must honour bookings at the listed price at the time of booking.

5.4 Service Standards

You agree to:

• Provide services with reasonable care, skill, and diligence.
• Treat all pets with kindness, patience, and respect for their welfare.
• Arrive on time for scheduled appointments or provide reasonable notice of delays.
• Communicate promptly and professionally with pet owners.
• Report any incidents, injuries, or concerns to the pet owner and to BamChi immediately.
• Comply with all applicable animal welfare laws and regulations.

5.5 Prohibited Provider Conduct

Providers must not:

• Solicit BamChi users to transact off-platform to avoid platform fees.
• Use personal information obtained through BamChi for any purpose other than delivering the booked service.
• Contact pet owners for marketing or solicitation outside of active bookings.
• Subcontract or delegate booked services to another person without the pet owner's explicit consent.
• Misrepresent qualifications, experience, or insurance coverage.

5.6 Provider Payouts

Provider payouts are processed through Stripe Connect. You must complete Stripe's onboarding and identity verification to receive payments. Payout timing is governed by Stripe's standard payout schedule. See Section 7 for payment details.

6. Bookings

6.1 Making a Booking

When you book a service through BamChi, you are making a direct arrangement with the service provider. The booking is confirmed once payment is successfully processed and the provider accepts the booking (if manual acceptance is required).

6.2 Booking Confirmation

You will receive a booking confirmation via email and in-app notification. The confirmation includes the service type, date, time, provider details, and total price including any platform fees.

6.3 Booking Modifications

You may request to modify a booking (change date, time, or service details) through the app. Modifications are subject to provider availability and acceptance. Price changes may apply if the modified service differs from the original booking.

6.4 No-Shows

If a pet owner fails to attend a confirmed booking without cancelling in advance (a "no-show"), the provider may be entitled to receive 50% of the booking amount. If a provider fails to attend or deliver a confirmed booking (a "provider no-show"), the pet owner will receive a full refund plus a $25 BamChi credit.

6.5 Service Completion

Bookings are marked as complete by the provider after the service is delivered. Pet owners may be prompted to leave a review after service completion. If a pet owner does not dispute a booking within 48 hours of completion, the booking is considered satisfactorily completed.

7. Payments & Fees

7.1 Payment Processing

All payments on BamChi are processed by our payment partner, Stripe. By making a payment, you agree to Stripe's terms of service. BamChi accepts payment via credit card, debit card, Apple Pay, and Google Pay.

7.2 Platform Fee

BamChi charges a platform fee of 10% on each transaction. This fee is included in the total price shown at checkout and is deducted before the provider receives their payout. The platform fee covers the use of the BamChi platform, payment processing, customer support, and platform maintenance.

Example: A grooming service listed at $100. The pet owner pays $100. BamChi retains $10 (10% platform fee). The provider receives $90.

7.3 Provider Payouts

Provider payouts are processed through Stripe Connect (Express accounts). Payout timing follows Stripe's standard schedule (typically 2-7 business days after the booking is completed). BamChi does not hold funds — payments flow through Stripe.

7.4 Currency

All prices, payments, and payouts on the Platform are in Australian dollars (AUD).

7.5 Taxes

Service providers are responsible for their own tax obligations, including collecting and remitting GST if registered. BamChi does not provide tax advice. Providers should consult their own tax advisors regarding their obligations.

7.6 Price Changes

Providers may update their prices at any time. Price changes do not affect existing confirmed bookings, which are locked at the price shown at the time of booking.

8. Cancellations & Refunds

8.1 Pet Owner Cancellations

8.2 Provider Cancellations

If a provider cancels a confirmed booking, the pet owner receives a full refund. Repeated cancellations by a provider may result in reduced visibility on the platform, warnings, or account suspension.

8.3 Service Quality Disputes

If a pet owner is dissatisfied with a completed service, they may raise a dispute within 48 hours of service completion. See Section 14 (Disputes Between Users) for the dispute resolution process.

8.4 Refund Processing

Refunds are processed back to the original payment method via Stripe. Refunds typically take 5-10 business days to appear on your statement, depending on your financial institution. BamChi credits (if issued) are applied to your BamChi account and can be used for future bookings.

8.5 Force Majeure

If a booking cannot proceed due to events beyond either party's reasonable control (severe weather, natural disaster, public health emergency, government order), a full refund will be issued to the pet owner and the provider will not be penalised.

9. Community Features

9.1 Playdate Matching

BamChi's playdate matching feature connects pet owners based on pet compatibility, location, and preferences. By using this feature, you agree that:

• You are solely responsible for your pet's behaviour during any meetup arranged through the Platform.
• BamChi does not supervise, attend, or take responsibility for playdate meetups.
• You should exercise your own judgment about the suitability of a match and meetup location.
• You should meet in public places and take appropriate precautions for your safety and your pet's safety.

9.2 Events

BamChi may list pet-related events organised by third parties or by BamChi. For third-party events, BamChi is not the organiser and is not responsible for the event's content, safety, or management. Event attendance is at your own risk.

9.3 Messaging

The in-app messaging system is provided for service-related and community communication. All messages are logged and may be reviewed by BamChi in connection with disputes, safety reports, or violations of these Terms. You must not use the messaging system to share inappropriate, abusive, or illegal content.

10. User Content

10.1 Your Content

You retain ownership of content you post on BamChi (photos, reviews, messages, profile information). By posting content, you grant BamChi a non-exclusive, worldwide, royalty-free, sublicensable licence to use, display, reproduce, and distribute your content in connection with operating and promoting the Platform.

10.2 Content Standards

All content you post must:

• Be accurate and not misleading.
• Be your own original content or content you have the right to share.
• Not infringe on any third party's intellectual property, privacy, or other rights.
• Not contain illegal, defamatory, abusive, threatening, or hateful material.
• Not contain explicit, sexual, or graphic violent content.
• Not constitute spam, advertising, or commercial solicitation outside of legitimate service listings.
• Not depict or promote animal cruelty or neglect.

10.3 Content Moderation

BamChi reserves the right to review, moderate, and remove any content that violates these Terms or our community standards, at our sole discretion. Content may be flagged for review by AI moderation tools or by user reports. Flagged content is reviewed by our team before any action is taken — automated systems do not automatically remove content.

10.4 Content Removal

If you believe content on the Platform infringes your rights, please contact us at [email protected] with details of the content and the basis of your claim.

11. Reviews & Ratings

11.1 Leaving Reviews

After a completed booking, pet owners may leave a review and rating (1-5 stars) for the service provider. Reviews should be honest, fair, and based on your genuine experience with the service. Providers may also leave feedback about pet owners.

11.2 Review Guidelines

Reviews must not:

• Contain false or misleading statements.
• Include personal attacks, threats, discriminatory language, or profanity.
• Refer to disputes that are being handled through BamChi's dispute process.
• Be posted by someone who did not participate in the booking.
• Be solicited in exchange for payment, discounts, or other incentives.

11.3 Review Removal

BamChi may remove reviews that violate our guidelines. We do not remove reviews simply because they are negative, provided they are honest and comply with our guidelines. Providers may respond publicly to reviews.

11.4 Reporting Reviews

Users may report reviews they believe violate our guidelines. Reports are reviewed by our team. The outcome of a review report is at BamChi's sole discretion.

12. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Provide false, misleading, or fraudulent information.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Harass, bully, threaten, intimidate, or abuse any other user.
• Discriminate against any user on the basis of race, religion, gender, sexual orientation, disability, age, or any other protected characteristic.
• Circumvent the Platform's payment system by arranging payments outside of BamChi for services discovered through the Platform.
• Scrape, crawl, or use automated means to access the Platform or extract data.
• Attempt to gain unauthorised access to the Platform, other users' accounts, or our systems.
• Introduce viruses, malware, or other harmful code.
• Interfere with or disrupt the Platform's operation or infrastructure.
• Use the Platform to send unsolicited commercial communications (spam).
• Create fake reviews, ratings, or profiles.
• Use another user's personal information obtained through the Platform for purposes unrelated to the Platform's intended use.
• Engage in any conduct that harms or could harm animals.

13. Safety & Pet Welfare

13.1 Our Commitment

BamChi is committed to the safety and welfare of all pets and users on the Platform. We take safety seriously and have implemented measures including provider verification, content moderation, user reporting, and community guidelines.

13.2 Provider Verification

BamChi verifies certain information provided by service providers (ABN, identity via Stripe). However, verification does not constitute a guarantee of a provider's qualifications, character, or the quality of their services. Pet owners should exercise their own judgment when selecting a provider.

13.3 Incident Reporting

If any pet is injured, becomes ill, goes missing, or any safety incident occurs during or in connection with a service booked through BamChi, both the pet owner and provider must:

• Prioritise the pet's immediate safety and seek veterinary care if needed.
• Report the incident to BamChi immediately through the app or by emailing [email protected].
• Cooperate with any investigation by BamChi.

13.4 Emergency Situations

In emergency situations, providers are authorised to seek immediate veterinary care for a pet in their custody. The pet owner is responsible for the cost of emergency veterinary treatment unless the emergency was caused by the provider's negligence.

13.5 Animal Welfare

All users must comply with applicable animal welfare laws, including the Prevention of Cruelty to Animals Act 1986 (Vic) and the Domestic Animals Act 1994 (Vic), as well as any applicable legislation in their state or territory. Any user found to have engaged in animal cruelty or neglect will be immediately and permanently banned from the Platform, and the matter will be reported to the relevant authorities.

14. Disputes Between Users

14.1 Raising a Dispute

Either party to a booking may raise a dispute within 48 hours of service completion. Disputes can be initiated through the app (Bookings → select booking → Report Issue) or by contacting [email protected].

14.2 Dispute Process

When a dispute is raised:

1. Both parties are invited to submit their account of the situation, including any supporting evidence (photos, messages, notes).
2. A BamChi team member reviews the submissions.
3. A resolution is determined and communicated to both parties, typically within 5 business days.

14.3 Resolution Outcomes

14.4 Appeals

Either party may appeal a dispute resolution within 7 days of the decision by contacting us with additional information or evidence. Appeals are reviewed by a senior team member who was not involved in the original decision.

14.5 Mediation and External Resolution

If a dispute cannot be resolved through BamChi's internal process, either party may pursue external resolution through Consumer Affairs Victoria, the Australian Competition and Consumer Commission (ACCC), or the applicable state/territory consumer protection body. Nothing in these Terms limits your rights under the Australian Consumer Law.

15. Intellectual Property

15.1 BamChi's Intellectual Property

The Platform, including its design, code, features, graphics, logos, trademarks, and all associated intellectual property, is owned by BamChi or its licensors. You may not copy, modify, distribute, sell, or lease any part of the Platform, nor may you reverse engineer or attempt to extract the source code of any software.

15.2 BamChi Brand

The BamChi name, logo, and brand elements are the property of BamChi. You may not use our brand name, logo, or visual identity in any way that suggests endorsement, affiliation, or sponsorship without our prior written consent.

15.3 Feedback

If you provide suggestions, feature requests, or other feedback about the Platform, you grant BamChi an unrestricted, irrevocable, perpetual licence to use that feedback for any purpose without compensation to you.

16. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform, you consent to the practices described in our Privacy Policy.

Key points:

• We only collect information necessary to operate the Platform.
• We never sell your personal information.
• Your data is stored in Australia (Google Cloud Platform, Sydney region).
• You can access, correct, or delete your data at any time.

17. Disclaimers

To the maximum extent permitted by law:

• The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• BamChi does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or harmful components.
• BamChi does not endorse, warrant, or guarantee any service provider, their qualifications, the quality or safety of their services, or the accuracy of their listings.
• BamChi is not responsible for the actions, omissions, or conduct of any user (pet owner or provider) on or off the Platform.
• BamChi does not guarantee any specific outcome from using the Platform, including finding a suitable service provider, playdate match, or event.

18. Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer Law):

• BamChi's total aggregate liability to you for all claims arising from or related to these Terms or the Platform is limited to the greater of: (a) the total fees you have paid to BamChi in the 12 months preceding the claim, or (b) AUD $100.
• BamChi is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses.
• BamChi is not liable for any damages, injuries, or losses arising from: the conduct of any user; the quality or outcome of any service obtained through the Platform; interactions between users (including playdates and events); any third-party content, products, or services; or any unauthorised access to your account.

This limitation of liability applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if BamChi has been advised of the possibility of such damages.

19. Indemnification

You agree to indemnify, defend, and hold harmless BamChi, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your content posted on the Platform.
• Any service you provide through the Platform (for providers).
• Any injury, damage, or harm caused by your pet.
• Any dispute between you and another user.

20. Suspension & Termination

20.1 By You

You may stop using the Platform and delete your account at any time. Deleting your account does not affect any outstanding bookings — you must cancel any active bookings before or after deleting your account. Outstanding financial obligations survive account deletion.

20.2 By BamChi

We may suspend or terminate your account, or restrict your access to the Platform, at any time and for any reason, including but not limited to:

• Violation of these Terms or our community guidelines.
• Fraudulent, illegal, or harmful conduct.
• Repeated poor service quality (for providers) as indicated by reviews and reports.
• Failure to complete Stripe onboarding or identity verification (for providers).
• Non-payment or chargeback abuse.
• Safety concerns related to users or pets.
• Extended inactivity (accounts inactive for more than 24 months may be deactivated).

Where practicable, we will provide notice and an opportunity to address the issue before termination, except in cases involving safety, fraud, or serious violations.

20.3 Effect of Termination

Upon termination: your right to access the Platform ceases immediately; any pending bookings may be cancelled and refunded; your content may be removed; and provisions of these Terms that by their nature should survive (including Sections 10.1, 15, 17, 18, 19, and 22) will survive termination.

21. Modifications to These Terms

We may update these Terms from time to time. When we make changes:

• Minor changes (typographical corrections, clarifications that don't affect your rights): We will update the "Last Updated" date. No notice required.
• Material changes (new fees, changes to your rights or obligations, changes to dispute resolution): We will notify you via email and/or in-app notification at least 30 days before the changes take effect.

Your continued use of the Platform after changes become effective constitutes acceptance. If you do not agree with the changes, you must stop using the Platform and delete your account before the effective date.

We will maintain an archive of previous versions of these Terms, available upon request.

22. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You and BamChi agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia sitting in Victoria for the resolution of any disputes arising under these Terms.

If you are a consumer within the meaning of the Australian Consumer Law, nothing in these Terms limits your right to bring proceedings in the court or tribunal of the state or territory in which you reside.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and BamChi regarding the Platform and supersede all prior agreements and understandings.

23.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid, or if modification is not possible, it will be severed. The remaining provisions will continue in full force and effect.

23.3 Waiver

BamChi's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by BamChi.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without BamChi's prior written consent. BamChi may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

23.5 Force Majeure

BamChi is not liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, labour disputes, government actions, power failures, internet or telecommunications failures, or cyberattacks.

23.6 Notices

BamChi may send you notices via email (to the address associated with your account), in-app notifications, or by posting on the Platform. You may send notices to BamChi at [email protected]. Email notices are deemed received 24 hours after sending.

23.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and BamChi, or between BamChi and any service provider.

23.8 Third-Party Rights

These Terms do not confer any rights on any third party. A person who is not a party to these Terms has no right to enforce any term of these Terms.

24. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: [email protected]
• Postal Address: BamChi Pty Ltd, Niddrie VIC 3042, Australia

For disputes related to a specific booking, please use the in-app dispute feature (Bookings → select booking → Report Issue) for the fastest resolution.