PAWPAY ESCROW AGREEMENT TERMS AND CONDITIONS

1. The Parties to this Agreement are –

1. 1. This PawPay Escrow Agreement (hereinafter “the Agreement”) is entered into by and between the Pet Purchaser (hereinafter “Purchaser”), the Pet Breeder (hereinafter “Seller”), and the PawPay Escrow Agent (hereinafter “Pets24”) for the sale and purchase of a pet.
   2. By answering yes to the PawPay Terms & Conditions acceptance question, all parties agree to the terms and conditions set forth in this Agreement.

2. Purpose

1. 1. The purpose of this PawPay Escrow Agreement is to facilitate a secure transaction between the Purchaser and the Seller for the sale and purchase of a pet.
   2. This Agreement ensures that the Purchaser’s funds are held in PawPay Escrow by Pets24 until the Purchaser confirms the receipt and satisfactory condition of the pet.
   3. Upon confirmation from the Purchaser, the funds will be released to the Seller.

3. Payment Terms 

1. 1. The Purchaser agrees to make payment of the agreed purchase price to Pets24 in the amount agreed upon for the purchase of the relevant pet.
   2. Pets24 agrees to hold the funds until the Purchaser has confirmed receipt of the relevant pet.
   3. Upon confirmation of receipt of the pet by the Purchaser, Pets24 shall release the funds to the Seller.
   4. The Purchaser agrees to pay an administrative fee of 10% of the total purchase price to Pets24.
   5. In the event of a refund the Purchaser accepts that the Purchase price will be refunded, but the 10% administration fee shall not be refunded.

4. Obligations of Parties 

1. 1. Obligations of Pets24: 
      1. Pets24 shall hold the funds provided by the Purchaser until the Purchaser confirms receipt and satisfactory condition of the relevant pet.
      2. Upon receipt of confirmation from the Purchaser, Pets24 shall release the funds to the Seller.
   2. Obligations of the Seller:
      1. The Seller shall deliver the pet to the Purchaser as per the agreed terms and ensure that the pet is in good health and meets the described breed standards at the time of delivery.
      2. The Seller shall provide photographic evidence of the pet at the point of delivery, including a picture at the airport (if applicable) and the delivery waybill.
   3. Obligations of the Purchaser:
      1. The Purchaser shall make the full payment of the Purchaser Price and 10% administrative fee to Pets24, as agreed upon in the transaction terms.
      2. The Purchaser shall confirm the receipt and satisfactory condition of the pet by providing photographic evidence as outlined in the process of acceptance of delivery.
      3. The Purchaser shall pay an administrative fee of 10% of the total purchase price to Pets24.
      4. The Purchaser accepts all liability once the confirmation of receipt is provided and funds are instructed to be released to the Seller. The Purchaser acknowledges that there will be no refund or return after this confirmation.

5. Delivery 

The following process must be followed for the acceptance of delivery of the relevant pet:

1. In-Person Delivery:
   1. Both the Purchaser and the Seller must take photographic evidence of the delivery of the pet.
   2. A picture of the Purchaser, Seller, and the pet in question must be taken.
   3. This photographic evidence must be included in the email confirming the delivery of the pet.
2. Delivery via Airport:
   1. The Seller must take a picture of the pet at the airport and send a picture of the delivery waybill.
   2. The Purchaser must take a picture upon receipt of the pet.
3. By answering ‘yes’ to the PawPay Terms & Conditions acceptance question, all parties agree to the terms and conditions of this Agreement, and this action constitutes their signature and acceptance of the terms herein.

6. Warranties and Representations

1. 1. Pets24 shall not be liable for any discrepancies regarding breed authenticity, health issues, or unethical breeding practices by the Seller.
   2. Additionally, Pets24 shall have no liability in the event of a dispute between the Purchaser and the Seller. Should a dispute arise between the Purchaser and the Seller, Pets24 has no liability.
   3. Once the Purchaser confirms receipt and instructs the release of funds, there will be no refund or return. The Purchaser accepts liability, and Pets24 shall have no liability thereafter.
   4. Pets24 provides no guarantees or warranties that the Purchaser will be satisfied with the pet upon receipt

7. Limitation of Liability

1. 1. Notwithstanding  anything  to  the  contrary  contained  in  this  Agreement,  the Parties shall not be liable to each other for  any indirect  or consequential loss or damage, including without limitation, loss of profit, revenue, anticipated  savings,  business  transactions  whether arising from negligence or breach of contract.
   2. Notwithstanding anything to the contrary contained herein, Pets 24 total aggregate liability towards the Referrer in terms of this Agreement shall not exceed the total fees paid  by the Purchaser.
   3. In the event of a dispute between the Purchaser and the Seller, Pets24 shall not be liable and shall not be required to mediate or resolve such disputes. Both parties acknowledge that any disputes must be resolved independently of Pets24.

8. Confidentiality & Data Protection 

1. 1. The Parties acknowledge the importance of protecting the confidential information and personal data that may be processed in the course of providing the Services.
   2. Each Party hereby undertakes for the continuance of this Agreement –
      1. The Parties agree to comply with all applicable Data Protection laws and any other privacy laws that may be applicable. 
      2. To protect and treat as confidential all Personal Information (written, including information contained in electronic format, or oral) it shall have obtained or received from the other Party;
      3. Not without the other’s written consent, to disclose the other Party’s Personal Information in whole or in part to any other person save those of its employees and representatives involved in the implementation of this Agreement and who have a need to know the same; and
      4. To use the other Party’s Personal Information solely in connection with the implementation of this Agreement and not for its own or the benefit of any third-party.

9. General 

1. 1. All notices under this Agreement shall be in writing and be delivered to the email addresses and physical addresses disclosed by the respective Parties.
   2. The Parties may not cede, assign, delegate or otherwise transfer any or all of their rights or obligations under this Agreement to a third party without the prior written consent of the other Party which consent shall not be unreasonably withheld.
   3. This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on either of the Parties.
   4. No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by the Parties.
   5. This Agreement shall be governed in accordance with the laws of the Republic of South Africa.