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.
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:
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 |
2.1.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.
3.1.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.
4.1.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
Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.
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.
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.
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.
7.1.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.
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.
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.
Last Updated: 12 Dec 2024
These Terms and Conditions will apply to 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 “Professional”), 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 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.
Bark.com makes the Facilitation Services available to you via the Website. The company is registered in England and Wales with registered company number 10614196, whose registered office is at 85 Great Portland Street, London, England, W1W 7LT. Our VAT number is GB175306803.
You can contact us:
1.1.In these Terms and Conditions, the following words and expressions have the following meanings:
| “Bark” | a request from a Prospective Customer as referred to in clause 2.3 below; |
| “Bark Verified” | the ‘bark verified’ subscription that allows Professionals to display a ‘verified’ badge where they have passed a verification process; |
| “Contact” | a Prospective Customer, whose contact details have been provided to a Professional, as part of the Facilitation Services; |
| “Credits” | the credits purchased by a Professional, which entitles the Professional to access relevant Barks; |
| “Credit Subscription” | means a subscription to receive a fixed number of Credits each month in return for a recurring monthly payment; |
| “Customer” | a Prospective Customer who chooses a Professional to provide services to them; |
| “Customer Contract” | the contract between the Professional and the Customer for the provision of the Services; |
| “Elite Pro” | the ‘elite pro’ subscription that offers various tools and benefits to Professionals, the features of which are shown on the Website, from time to time; |
| “Fees” | the fees payable by you in return for the Credits, as shown on the Website from time to time; |
| the “Facilitation Services” | the provision by Bark, of a Prospective Customer’s contact details to a Professional, in exchange for Credits, so that they become a Contact, as set out in clause 2.4; |
| “Contact” | a Prospective Customer, whose contact details have been provided to a Professional, as part of the Facilitation Services; |
| “Prospective Customers” | businesses and consumers who use the Website to find a Professional who can provide the professional services they require; |
| the “Services” | the professional services provided by a Professional to a Customer; |
| “Subscription Fees” | the fees payable for any Subscription Service, as amended and published on the Website from time to time; |
| the “Subscription Services” | a subscription-based plan with automatically recurring payments for use of the various tools or services offered by Bark.com (excluding the purchase of Credits), including Elite Pro and Bark Verified. |
| “us” / “we” / “Bark.com” | Bark.com Global Limited, registered address 85 Great Portland Street, London, England, W1W 7LT (registered in England & Wales, registration number 10614196); |
| the “Website” | means www.Bark.com |
| “you / the Professional” | means the person offering their professional services to Prospective Customers; |
| “Users” | refers to Professionals and Customers together. |
1.2.all headings are for ease of reference only and will not affect the construction or interpretation of these Terms and Conditions;
1.3.references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
1.4.references to any legislation or legislative provision will include any subordinate legislation made under it and will be construed as references to such legislation, legislative provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time;
1.5.any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them and the ejusdem generis rule will not apply;
1.6.references to “in writing” or “written” include e-mail.
2.1.The Bark.com Platform is a web-based communications platform which enables connections between Customers and Professionals. “Customers” are individuals and/or businesses seeking to obtain short-term services from Professionals and are therefore clients of Professionals, and “Professionals” are businesses seeking to provide services for Customers.
2.2.PROFESSIONALS ARE INDEPENDENT BUSINESS OWNERS AND INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF BARK.COM. BARK DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, BARK.COM OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SERVICE PROVIDERS (PROFESSIONALS) WHO WISH TO PROVIDE A VARIETY OF SERVICES. SUCH SERVICES WILL BE SUPPLIED PURSUANT TO A CONTRACT WHICH WILL BE AGREED BETWEEN A CUSTOMER AND PROFESSIONAL WITHOUT ANY INVOLVEMENT OF BARK.COM.
2.3.Bark.com operates the Website which has been established to facilitate the provision of potential customers' contact details to professionals for the provision of a wide range of services. Upon acceptance of these Terms and Conditions by you, and in exchange for the Fees, Bark.com will provide contact details to you from time to time as more particularly described below.
2.4.Prospective Customers will be able to search the Website to find potential professionals to meet the Prospective Customer's requirements. We call Prospective Customer requests "Barks", and each Bark will provide details about the Prospective Customer's requirements.
2.5.By accepting these Terms and Conditions, you agree that you will need to register as a "Professional" on the Website, which will mean that you will have the right to access relevant Barks in exchange for Credits. If you redeem Credits in response to a particular Bark, Bark.com will share with you the contact details which have been provided by Prospective Customers, who will then be known as Contacts, so that you can get in touch with them.
2.6.The Prospective Customer will be entitled to review any responses they receive from you and other Professionals, and may or may not decide to enter into a separate contract with you or another Professional. Where you are engaged by a Prospective Customer, those persons will become your Customer. For the avoidance of doubt, a Customer is a customer of the Professional, and not a customer of Bark.com.
2.7.Upon completion of a Professional's registration on the Website, Bark.com shall provide a link from the Website to the Professional's own website, and shall include a facility for Customers to review a Professional's performance which shall be available on the Website for Prospective Customers to see. Any reviews left are the Customers' own opinion, and Bark.com is not liable to you in any way whatsoever for the content of such reviews. Bark reserves the right (but is under no obligation) to remove posted feedback or information that violate the Terms of Use or negatively affects our Website, diminishes the integrity of the feedback system or otherwise is inconsistent with our business interests. You will ensure that any website that is linked to your profile on the Website complies with all applicable laws, guidance and regulations.
2.8.Professionals who subscribe to any Subscription Services will be liable for additional fees displayed on the Website from time to time.
Important:
Bark.com acts only as a facilitator of the Contacts referred to above, and the provision of any services by a Professional (including the Services provided by you) to a Customer will be subject to an entirely separate legal contract, the terms of which will be agreed between the Customer and the relevant Professional (you), without any involvement of Bark.com. If there are any issues with performance of those Services by you, the Customer will have legal rights of redress against you, as the Professional, directly pursuant to the contract you enter into with them.
3.1.Users may be subject to a review process before they can register for and during their use of the Website, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate. Although Bark.com may perform Background Checks, we cannot confirm that each User is who they claim to be, and Bark.com cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
3.2.
By registering for an Account, you represent that you:
3.2.1.
agree to be bound by these Terms and Conditions;
3.2.2.
are doing business under your own name as a self-employed individual or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity);
3.2.3.
will use our Facilitation Services for business purposes only;
3.2.4.
will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith and will in any event not use the Website to upload or host any illegal content or services;
3.2.5.
will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting;
3.2.6.
will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will be courteous to both Users and Bark.com members of staff;
3.2.7.
will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Customer, and only utilize the third party payment service provider specified or approved by Bark.com to make or receive payment for services provided through the Website; and
3.2.8.
are either a legal entity or an individual who is at least 18 years old, and that you can form legally binding contracts.
3.3.
You also represent and warrant that:
3.3.1.
You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
3.3.2.
If the Services are performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
3.3.3.
You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering Services and undertaking Services;
3.3.4.
You have any and all insurance required to operate your business, or that a prudent operator of a business in your industry would have, and provide your Services including insurance that covers any damage or bodily harm caused, or errors committed, in the performance of your Services;
3.3.5.
You will honour your commitments to other Users on the Website, including by responding to invitations promptly; performing the Services as agreed upon with your Customer; and providing timely, high-quality services to your Customers;
3.3.6.
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws; and
3.3.7.
any information, images or other documents that you upload to the Website are true, complete and accurate and you have obtained all necessary licences, consents or other authorisations necessary to use and upload such content.
3.4.
You agree that you (and will procure that any Users employed by or affiliated to you) will not:
3.4.1.
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website in any form or media or by any means;
3.4.2.
attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website;
3.4.3.
access all or any part of the Website in order to build a product or service which competes with the Facilitation Services;
3.4.4.
licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Website or any Contacts available to any third party except with the express written agreement of Bark.com;
3.4.5.
introduce or permit the introduction of, any virus or vulnerability into Bark.com’s network and information systems;
3.4.6.
not submit reviews for its own services, nor report any reviews by third parties other than in good faith;
3.4.7.
attempt to re-register an account on the Website having been banned previously; or
3.4.8.
attempt to obtain the contact details of Prospective Customers via the Website by any means other than redeeming Credits to purchase a Contact, including making your (or your business’s) contact details publicly visible on the Website.
3.5.To register for an Account to use our Services, you must complete a Professional profile, which you consent to be shown to Prospective Customers and, unless you change your privacy settings, to be shown to the public. You agree to provide accurate and complete information on your profile and to keep that information current. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Platform, of anyone who provides false, inaccurate, or incomplete information. You may only create one Account per business that you operate. We reserve the right to remove any duplicate accounts that are controlled by you for materially the same Services.
3.6.If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorised to enter into binding contracts, on behalf of yourself and the company. More than one person can create an Account as an employee or agent on behalf of the same company.
3.7.
You agree not to request or allow another person to create an Account for you, your use, or your benefit, except that authorised employees or agents may create an Account on behalf of your business. By granting other Users permissions under your Account you represent that:
3.7.1.
the User is authorized to act on your behalf; and
3.7.2.
you are fully responsible and liable for what the User does and does not do, including with respect to making payments and entering into Customer Contracts and the Terms of Use.
If any User granted permissions under your Account violates these Terms and Conditions, it may affect your ability to use our Services. When an Account is closed, Bark may close any related Accounts as well.
3.8.To use our Facilitation Services you must register for an Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share them with anyone. You are responsible for any use of our Facilitation Services with your username and password and, if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password you must notify it immediately to us. You further agree not to use the account or log in with the username and password of another Professional, without specific consent.
3.9.Where you have subscribed to a Subscription Service that includes verification, such subscription is subject to us being able to carry out the necessary verification checks on you and/or your business. To the extent that we are unable to carry out such checks, or unable to verify you and/or your business through such checks, we will not be obliged to display a ‘verified’ symbol next to your profile on the Website.
3.10.If you are in breach of our terms, or misuse the Website in any way, we reserve the right to suspend or terminate your account. You can view the specific circumstances which would result in your account being suspended here. If we decide to take this action, we will provide you with a statement of reasons for doing so.
4.1.When the Customer places a request, Bark may show a list of Professionals who meet the requirements of the Customer’s request. 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 the Customer’s request. Among the Professionals who provide the Service requested by the customer 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
4.2.5.
have certain Subscription Services
4.3.The fact that there is a default algorithm in no way precludes the Customer from choosing the Professional of their choice.
5.1.The Facilitation Services will be provided by Bark.com using reasonable care and skill . Time will not be of the essence where we have stated on the Website that any Contacts will be provided within a prescribed period of time.
5.2.In the case of Bark.com’s performance of the Facilitation Services, unless expressly stated otherwise in these Terms and Conditions and subject to clause 11.6, all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from these Terms and Conditions
5.3.We do not make any guarantees that you will be successful in being hired by a Prospective Customer for services, and our role is only to give you the opportunity to make contact with a Prospective Customer. If you do not secure a job with the Prospective Customer who has issued a Bark on our Website, you will not be entitled to any Credit return from us. Please see Section 8 below for further information regarding our policy on Credit returns.
6.1.You provide Services under your own name or business name, and not under Bark’s name, using your own tools and supplies to perform your Services.
6.2.You warrant to Bark.com that the Services that you provide to your Customers will be performed by you and anyone acting on your behalf with due care and diligence, with integrity and to such high standard of quality as it is reasonable for the Customer to expect in all the circumstances, and shall comply at all times with all laws, guidance and regulations that apply to your provision of the Services to your Customers (including, without limitation, those relating to data privacy, consumer law, and health & safety).
6.3.
You will at all times:
6.3.1.
cooperate with us in all matters relating to the Facilitation Services;
6.3.2.
provide, in a timely manner, such information as we may reasonably require, and ensure that it is accurate and complete in all material respects;
6.3.3.
comply at all times with our Website Terms of Use;
6.3.4.
comply with all policies and requirements as specified on the Website, as updated by us from time to time;
6.3.5.
comply with any vetting requirements that we may impose on you from time to time;
6.3.6.
ensure that you make it clear to Customers that any Services to be provided are provided to them by you and not by Bark.com; and
6.3.7.
Conduct yourself professionally and refrain from using offensive or abusive language towards Customers or Bark.com’s staff.
6.4.You will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption in the jurisdiction where you conduct your business as a Professional. If you are registered in the UK, this includes, but is not limited, to the Bribery Act 2010. If you are registered in the USA, this includes, but is not limited to the Foreign Corrupt Practices Act (FCPA) of 1977.
6.5.You are free to maintain a clientele without any restrictions from Bark and are free to offer and provide your Services elsewhere, including through competing platforms. Bark does not set Professionals’ hours or terms of work. You are free to accept or reject Customers and contracts, and not penalised for rejecting Customers or contracts, though if you accept a Customer or contract through the Website, you are expected to fulfill your contractual obligations.
6.6.You have to set your own rates for Services performed in the Website, without deduction by us.
6.7.You acknowledge and confirm that you are responsible for exercising your own business judgment in entering into Customer Contracts and that, depending on how you exercise such business judgment, there is a chance for individual profit or loss.
6.8.For Professionals in the USA: Except where you have specifically indicated to us that you are subject to the Telephone Consumer Protection Act (“TCPA”) and have opted-in to our ‘auto-buy’ feature, you warrant that you are not subject to the requirements of TCPA and that Bark will have no liability to you for any losses, claims or liabilities you may face as a result of not obtaining prior express written consent for calls placed, or texts sent, to leads obtained through Bark, and you hereby release Bark from the same.
7.1.As part of your use of the Website, you may choose to receive a Subscription Service. Your Subscription Service will begin on the date on which you first sign-up to such service, and will continue for 30 days (or as otherwise specified at the time of signing-up) (the “Subscription Period”). The Subscription Service will automatically renew for successive Subscription Periods unless and until you cancel the Subscription Service or we terminate it.
7.2.Where you have been offered a free trial of the relevant Subscription Service, you may use the service without charge for 30 days from the date of signing up (or as otherwise specified at the time of signing-up) (the “Trial Period”). Unless you cancel the Subscription Service before the end of the Trial Period, at the end of the Trial Period a Subscription Period will begin and you will automatically be charged for the Subscription Fees for that period.
7.3.You may cancel a Subscription Service at any time in your account settings (where available) or by contacting our customer services team. Where you cancel before the end of a Subscription Period, you may continue to use the Subscription Service until the end of that Subscription Period, but you will not be entitled to a refund of the Subscription Fees.
7.4.Where you have subscribed to a Subscription Service that includes verification, such subscription is subject to us being able to carry out the necessary verification checks on you and/or your business. To the extent that we are unable to carry out such checks, or unable to verify you and/or your business through such checks, we will not be obliged to display a ‘verified’ symbol (or equivalent) next to your profile on the Website.
8.1.To have access to Contacts, you will be required to purchase Credits from us. The cost of Credits will be shown on the Website before purchase, and may be varied from time to time at Bark.com’s discretion. VAT (or local equivalent) shall be payable in addition to the Fees.
8.2.All Credits are payable in advance and will be credited to your account on the Website.
8.3.You will be able to redeem Credits you have purchased in exchange for Contacts on the Website, and the Website will tell you how many Credits you will need to use in exchange for each individual Contact.
8.4.Where you have enabled the ‘enquiries’ feature in your account, Prospective Customers will have the ability to contact you. The point at which Credits will be deducted from your account will differ depending on the method of contact, and is set out in the table below:
| Type of contact | Description | When will Credits be deducted |
| Booking request | A Prospective Customer submits an enquiry to you | On submission of the request |
| Calls | A Prospective Customer calls you from the Website | On a call being placed |
| Call back request | A Prospective Customer requests a call-back | On submission of the request |
8.5.Where you wish to use any Subscription Services, or purchase a Credit Subscription, you will be required to make payment on the Website at the prices and at the intervals shown for such services. You must provide a payment card on signing up to a Subscription Service or a Credit Subscription. By signing up to the Subscription Service or Credit Subscription, you agree that we (or our third party payment processors) may charge your payment card for the relevant Subscription Fees or recurring Credits (as applicable) at the start of each Subscription Period or Credit Subscription Period (as applicable).
8.6.All Credit Subscriptions are subject to a minimum term, during which they cannot be cancelled and the number of monthly Credits cannot be reduced (the “Credit Subscription Period”). The Credit Subscription Period will be specified at the point of purchase. Once the Credit Subscription Period has expired, you will move to a rolling contract that can be cancelled at any time on 30 days’ notice.
8.7.If you have purchased a Credit Subscription, any unused Credits will be carried over month to month. If you wish to increase the number of monthly Credits you receive, you can do so by contacting our Customer Operations team on the contact details above.
8.8. All Credits are valid for 12 months from the date of purchase. Any unused Credits will expire at the end of the 12 month validity period. Expired Credits will not be refunded or extended.
9.1.All Credits purchased are non-refundable except as provided for in this paragraph 9. We will not, for example, offer any return of Credits if the Contact(s) we provide you with are correct, but where the Prospective Customer chooses not to respond to your introduction, or if you do not secure the job with the Prospective Customer. There may be cases where a Prospective Customer decides not to choose any of the professionals we introduce them to, and this is entirely at the discretion of the Prospective Customer. In these instances, no refund of Credits would apply.
9.2.
You will only be entitled to a refund of Credits used for a specified lead if you inform us within 14 days of acquiring a Contact that one of the following circumstances applies:
9.2.1.
A phone number provided to you is invalid, for example if it says "calls are not being connected to this number"; or
9.2.2.
an email address provided to you by us isn't functioning and you receive a bounce-back when using the email address; or
9.2.3.
we can verify that the contact details provided are not for the person submitting the request.
9.3.Where you are entitled to receive a refund of Credits in accordance with clause 9.2 and 9.5 above, you acknowledge that you will not receive a monetary refund for those Credits, and we will instead reinstate those returned Credits onto your Bark.com account. References to “one click returns” refer to making a request for a Credit return, and any return of Credits from such request is conditional on meeting the criteria in clause 9.2.
9.4.If you have purchased a Subscription Service you may cancel such subscription and request a refund within 7 days of the later of (a) the date the relevant Subscription Service begins and (b) the end of any free Trial Period (the “Cooling Off Period”) provided that you have not used the discount code or any free leads that are part of any Elite Pro subscription during the Cooling Off Period.
9.5.
Get Hired Guarantee - Where:
9.5.1.
you have purchased your first pack of Credits (the “Starter Pack”)
9.5.2.
you have redeemed all of the Credits in the Starter Pack;
9.5.3.
you have not entered into a Customer Contract with any of the Contacts provided to you; and
9.5.4.
three days have passed since you redeemed the final Credits in the Starter Pack,
on request, we will add the same number of Credits purchased in your Starter Pack to your Bark.com account (a “Starter Pack Return”). You will only be entitled to one Starter Pack Return, including where you do not enter a Customer Contract after redeeming the credits provided in the Starter Pack Return.
The property and any copyright design rights or other intellectual property rights in any material, data or other information provided to you by Bark.com, including all information and content on the Website, (subject to any such rights of any third party) belong (or continue to belong) to Bark.com and this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website or otherwise owned by Bark.com.
11.1The terms of the Data Processing Agreement in Schedule 1 will apply to your handling of any personal data of Prospective Customers provided to you by us under this Agreement (except to the extent the Data Processing Agreement states that an obligation is not applicable in the jurisdiction where you conduct your business as a Professional). You must otherwise comply with all data protection and privacy laws (or other laws relating to the handling of information, or an opinion, that can identify an individual) in force in the jurisdiction where you conduct your business as a Professional, and nothing in these terms or the Data Processing Agreement will limit or derogate from your obligations under those laws.
11.2.
TCPA: For Professionals in the USA that are in scope of the TCPA:
11.2.1.
You agree to safeguard all Contact information and use it only as allowed by these terms (and the Prospective Customer’s consent) and for no other purpose.
11.2.2.
You must ensure your communication with a Prospective Customer, whether through Bark.com or on your own, complies with the U.S. Telephone Consumer Protection Act, Federal Trade Commission Act, Telemarketing Sales Rule, CANSPAM Act and all other state and federal telemarketing, consumer protection and data privacy laws and regulations. This means, for example, that you may not call or text a Prospective Customer on their wireless phone or who is on a Do-Not-Call (DNC) database until you have obtained, directly from the Prospective Customer, their prior express written consent, as defined in the law. We may attempt to help facilitate the provision of this consent from the Prospective Customer, but it remains your sole responsibility to obtain and document the same.
11.2.3.
You may not record or monitor calls or other communications with a Prospective Customer without their express consent.
11.2.4.
You must obtain any necessary licences, bonds, permits and permissions necessary for you to contact the Prospective Customer and provide your services to them.
11.2.5.
It is your responsibility to maintain a record of any consent given by a Prospective Customer to receive phone calls or texts; and
11.2.6.
You must honour any opt-outs that are expressed by a Prospective Customer, whether communicated to you directly or via the Website.
12.1.As provided for in Clause 2 above, you acknowledge that you remain contractually liable to Customers for the provision of the Services, but you acknowledge that Bark.com may suffer reputational damage if you do not perform your contractual obligations under Customer Contracts properly.
12.2.
You hereby agree to indemnify Bark.com in full against:
(a)
all direct losses, liabilities, costs, damages and expenses that we do or will incur or suffer; and
(b)
all losses, liabilities, costs, damages and expenses we do or will incur or suffer as a result of defending or settling any actions, claims or proceedings brought or threatened against Bark.com by any person (including, without limitation Customers),
in each case arising out of or in connection with (i) your breach of your obligations set out in this Agreement, and/or (ii) the Services, and
(c)
all direct losses, liabilities, costs, damages and expenses we do or will incur or suffer as a result of defending or settling any actions, claims or proceedings brought or threatened against Bark.com by any person (including, without limitation Customers) claiming that content provided by you to Bark.com (including any content uploaded by you to the Bark.com website) infringes the intellectual property rights of any third party.
12.5.
Subject to Clause 12.6 below, Bark.com will have no liability to you for any:
12.5.1.
loss of profit, loss of sales or business (in each case whether direct, indirect or consequential);
12.5.2.
loss of or damage to goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential);
12.5.3.
any liability you may owe to any third party, including, but not limited to, a Customer (in each case whether direct, indirect or consequential);
12.5.4.
loss of use or value of any data or software (in each case whether direct, indirect or consequential);
12.5.5.
indirect or consequential loss.
12.6.
Nothing in these Terms and Conditions will operate to exclude or restrict any liability of either you or us:
12.6.1.
that cannot be excluded or restricted in these Terms and Conditions in respect of death or personal injury resulting from negligence;
12.6.2.
for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable;
12.6.3.
for any matter for which it is not permitted by law in the jurisdiction where you conduct your business as a Professional to exclude or limit, or to attempt to exclude or limit, its liability; or
12.6.4.
for any matter for which it is not permitted by law in the jurisdiction where you conduct your business as a Professional to exclude, or attempt to exclude, its liability, to limit its liability to more than the maximum extent to which the law of the jurisdiction where you conduct your business as a Professional allows.
13.1.Any information provided by Bark.com or concerning Bark.com's affairs shall be kept confidential by you and all information provided by you which is so designated by you shall be kept confidential by Bark.com; but the foregoing shall not apply to any documents or other materials, data or other information which enter the public domain (other than by breach of this Clause 13.1, or where any disclosure is required by law or regulatory authority).
13.2.You will not disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Website in accordance with these Terms and Conditions. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality.
13.3.You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use and promptly notify Bark.com in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information.
13.4.Neither party shall use the other's name, trademarks, service marks or logos for any promotional or publicity purposes without the express written consent of the other.
14.1.
Without affecting any other right or remedy available to us, Bark.com may withdraw your registration as a Professional on the Website with immediate effect by giving you notice if:
14.1.1.
you fail to pay any sums due to us during the Term;
14.1.2.
you fail to comply with your obligations in Clauses 3 or 6 relating to your use of the Website or performance of the Services with your Customers;
14.1.3.
you receive a disproportionate number of complaints and/or bad reviews on the Website from Customers and/or Prospective Customers regarding your Services and/or dealings with customers more generally;
14.1.4.
you upload any illegal content to the Website or use the Website for any illegal or improperly licensed business operation;
14.1.5.
you repeatedly infringe any provision in our Terms and Conditions or misuse the Website in any way;
14.1.6.
in our absolute discretion, we consider your registration as a Professional on the Website to be detrimental or potentially detrimental to the reputation of Bark.com; or
14.1.7.
you are subject to an investigation by a competent regulatory authority, including without limitation, if you are registered in the UK, the Information Commissioner, the Competition and Markets Authority or Trading Standards, or the equivalent of any of these authorities in the jurisdiction where you conduct your business as Professional.
14.2.
Without affecting any other right or remedy available to either of us, either you or we may withdraw your registration as a Professional on the Website with immediate effect by giving written notice to the other if:
14.2.1.
the other party commits a material breach of any term of these Terms and Conditions;
14.2.2.
the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on its business;
14.2.3.
the other party suspends, or threatens to suspend or cease or threatens to cease to carry on all or a substantial part of its business; or
14.2.4.
the other party's financial position deteriorates to such an extent that it in the terminating party's opinion the other party's capability to adequately fulfil its obligations under these Terms and Conditions has been placed in jeopardy.
14.3.If you have subscribed to any Subscription Services, you may cancel these at any time with effect from the end of each Subscription period.
14.4.In the event that you cease to provide the Services and / or you do not wish to continue to be listed on the Website, you shall notify us immediately so that we may withdraw your registration as a Professional on the Website so that Prospective Customers are not provided with your details.
14.5.In the event that your registration is terminated for any reason set out in this clause 14, no refunds of Credits shall be given upon such withdrawal.
14.6.For customers in the UK and EU, where we are entitled to terminate your account, we will provide you with a statement of reasons at least 30 days before doing so, except for terminations under clause 14.1.4 and 14.1.5. If you wish to dispute the outcome, you may submit a complaint via our complaints procedure here
14.7.The termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Customers Contract between you and any Customer.
15.1.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 Website 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.
15.2.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.
15.3.We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation, and if that transfer is by means of novation, you hereby grant your consent in advance to that novation.
15.4.These Terms and Conditions are personal to you and you will not assign or transfer or subcontract any of your rights or obligations without our prior written consent, which may be requested via email or letter at the above address. Any other attempted transfer or assignment will be null and void.
15.5.Any notice required or permitted to be given by either party to the other under these Terms and Conditions are to be in writing addressed to the other party at its trading address or such other address as may at the relevant time have been notified to the other party. The email address to use for any notices to Bark is legal@bark.com.
15.6.Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorise a party to make or enter into any commitments for or on behalf of the other party. The parties acknowledge and agree that each of them is an independent contractor, and nothing in these Terms and Conditions shall render either party (nor any staff of a party) an employee of the other.
15.7.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.
15.8.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.
15.9.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 the courts of England 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).
15.10.Bark may record video and/or phone calls for quality assurance and training purposes. You will be notified by the caller whether the call is being recorded at the start of the conversation. You may decide whether to leave the call if you would not like to be recorded. By entering this agreement, you agree that you may be recorded via video and/or phone calls.
15.11.Bark may access your Account in order to respond to your requests for technical support or to verify compliance with your obligations to Bark, comply with law, or to maintain and improve its own systems. Bark.com may, at its option, provide email or other online account support.
15.12.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.
15.13.Bark complies with the provisions of the United States Digital Millennium Copyright Act (DMCA) applicable to internet service providers (s17 U.S.C. 512, as amended). We will respond to written notices of alleged copyright infringement that comply with applicable law by email to: legal@bark.com. This clause is only applicable to Professionals who are headquartered in the USA.
16.1.If you have a complaint about our service, any illegal content that you have encountered on the Website, or the removal or suspension of your account, or any content you have uploaded to the Website, you can submit it by sending an email to team@bark.com We will endeavour to review all complaints within 7 days of submission and provide you with a written response. Where we require further information, we will request this from you. You can find more information about our complaints procedure here.
16.2.If you have submitted a complaint via the complaints procedure, and you are not fully satisfied with the outcome, you may be entitled to refer the matter to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. This only applies to users located in the UK or the EU and to specific types of complaints. Please refer to the complaints handling procedure for details.
16.3.The Parties agree to enter into mediation under clause 16.2 in good faith to settle such a dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
1.1.Data processing agreement (“DPA”) applies to Personal Data of Prospective Customers provided by Bark.com to Professional in connection with their use of the Facilitation Services. For the avoidance of doubt, the term Prospective Customers as used in this DPA shall include Prospective Customers who become Customers of Partner.
1.2.Each party acknowledges that it acts as an independent Data Controller in processing Personal Data under the Agreement.
2.1.Professional as a Data Controller determines what it may do with the Personal Data of Prospective Customers obtained using the Facilitation Services, but shall at all times comply with the obligations set out in this DPA.
2.2.The Professional shall only use the Personal Data of Prospective Customers obtained using the Facilitation Services for the Purpose. Any use of such Personal Data other than for the Purpose shall require the Professional to obtain any necessary further consents or permissions, and shall be at the Professional’s own risk.
3.1.The Professional must ensure compliance with and provide at least the level of privacy protection as is required by applicable Data Protection Laws at all times.
3.2.The Professional shall ensure that it provides clear and sufficient information to the Prospective Customers, in accordance with the Data Protection Laws, of the purposes for which it will process their Personal Data, the legal basis for such purposes and such other information as is required by the Data Protection Laws.
3.3.The Professional agrees that Bark.com shall have the right to take reasonable and appropriate steps to ensure that the Professional uses Personal Data in a manner consistent with Bark.com’s obligations under applicable Data Protection Laws.
3.4.The Professional agrees that Bark.com shall have the right to take reasonable and appropriate steps to stop and remediate unauthorised use of Personal Data.
3.5.The Professional shall not retain or process Personal Data for longer than is necessary to carry out the Purpose, as may be agreed with the Prospective Customer separately, or in accordance with any statutory or professional retention periods applicable in their respective countries and / or industry.
3.6.The Professional undertakes to have in place the technical and organisational security measures described in Appendix 1.
3.7.The Professional shall comply with its obligation to report a Security Breach to the appropriate supervisory authority and (where applicable) Data Subjects under the Data Protection Laws and shall inform Bark.com of any Security Data Breach within 48 hours irrespective of whether there is a requirement to notify the relevant supervisory authority of the jurisdiction that the Professional is domiciled in or Data Subject(s).
3.8.The Professional agrees to provide reasonable assistance as is necessary to Bark.com to facilitate the handling of any Security Breach in an expeditious and compliant manner.
3.9.The Professional shall notify Bark.com promptly if the Professional determines it can no longer meet its obligations under applicable Data Protection Laws,
3.10.The Professional shall indemnify Bark.com from any cost, charge, fine, penalty, damages, expense or loss which it may cause to Bark.com as a result of its breach of any of the provisions of this DPA.
4.1.
This section applies in respect of Personal Data from the EEA, UK, or Switzerland. Personal Data in all other jurisdictions may only be exported or accessed from outside those jurisdictions to the extent permitted by, and in accordance with, the law of those jurisdictions. Personal Data from the EEA, UK, or Swiss Data Controller(s) may only be exported to or accessed by the Professional or its Subprocessors outside the EEA, the UK, or Switzerland, as applicable (“International Transfer”):
4.1.1
if the recipient, or the country or territory in which it processes or accesses Personal Data, ensures an adequate level of protection for the rights and freedoms of Data Subjects in relation to the processing of Personal Data as determined by the European Commission or another regulatory body of competent jurisdiction; or
4.1.2.
in accordance with Section 4.2.
4.2.
The Standard Contractual Clauses apply where:
4.2.1
there is an International Transfer to a country that does not ensure an adequate level of protection for the rights and freedoms of Data Subjects in relation to the processing of Personal Data as determined by the European Commission or another regulatory body of competent jurisdiction; and/or
4.2.2.
there is an International Transfer to a recipient that is not covered by an appropriate safeguard, including, but not limited to, binding corporate rules, an approved industry code of conduct, and individual adequacy decision by a regulatory body of competent jurisdictions, or an individual transfer authorisation granted by a regulatory body of competent jurisdiction.
4.3.Appendix 2 defines the applicable modules and options for the Standard Contractual Clauses.
4.4.The Professional is deemed to have entered into the Standard Contractual Clauses, which are incorporated herein by reference, in relation to any International Transfer to it of Personal Data of Prospective Customers.
4.5.For any Subprocessors that it may appoint for whom an International Transfer is contemplated, the Professional shall ensure that such Subprocessor has entered into the unchanged version of the Standard Contractual Clauses prior to the Subprocessor’s processing of Personal Data.
4.6.Nothing in this DPA will be construed to prevail over any conflicting clause of the Standard Contractual Clauses.
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Data Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Data Protection Law” means the applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the processing of Personal Data under the Agreement.
“Data Subject” means an identified or identifiable natural person, namely a Prospective Customer.
“EEA” means the European Economic Area, namely the European Union Member States along with Iceland, Lichtenstein and Norway.
“EU Standard Contractual Clauses” shall mean the standard contractual clauses promulgated by the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (C/2021/3972) on standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR.
“Personal Data” means any information relating to a Data Subject that may or can be used to identify them, including their name, contact details, and address, as provided by Bark.com to the Professional.
“Purpose” means marketing and providing the Professional’s services to the Prospective Customers.
“Security Breach” means a confirmed accidental or unlawful destruction, loss, alteration, or disclosure that results in the compromise of the integrity and/or confidentiality of Personal Data.
“Standard Contractual Clauses” means the EU Standard Contractual Clauses as amended by the UK Data Transfer Addendum;
“Subprocessor” means any third party appointed to process Personal Data.
“UK Data Transfer Addendum” means the UK data transfer addendum to the EU Standard Contractual Clauses in a form adopted by the UK ICO, as amended, superseded or replaced from time to time.
This DPA only becomes legally binding between the Professional and Bark.com when expressly incorporated within an Agreement that is fully executed. If this document has been electronically signed by either party, such signature will have the same legal effect as a hand written signature.
The Professional is required to have in place appropriate technical and organisational security measures to:
1.1.
prevent:
1.1.1.
unauthorised or unlawful processing of the Personal Data; and
1.1.2.
the accidental loss or destruction of, or damage to, the Personal Data
1.2.
ensure a level of security appropriate to:
1.2.1.
the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
1.2.2.
the nature of the Personal Data to be protected.
EU Standard Contractual Clauses
| EU SCC term | Amendment / Selected option |
| Module | For transfers from Bark.com to Professional: Module 1 (Controller to Controller) For transfers from Professional to Subprocessor: Module 2 (Controller to Processor) |
| Clause 7 (Docking clause) | Not included |
| Clause 9 (Use of sub-processors) / Annex III | For transfers from Professional to Subprocessor: Option 2 shall apply. |
| Clause 11 (Redress) | Not included |
| Clause 13 (Supervision) and Annex 1.C | The supervisory authority with responsibility for ensuring compliance by the data exporter is:
where the data exporter is established within an EU member state, the supervisory authority of that EU member state OR
where the data exporter is subject to EU GDPR pursuant to Article 3(2) EU GDPR and has appointed a representative in the EU, the supervisory authority of that EU member state OR
where the data exporter is subject to EU GDPR pursuant to Article 3(2) EU GDPR, but has not appointed a representative in an EU member state, the supervisory authority of the EU member state where the relevant data subjects are located. |
| Clause 17 (Governing law) | Ireland |
| Clause 18 (Choice of forum and jurisdiction) | Ireland |
| Annex I.A (List of parties) |
For transfers from Bark.com to Professional: the parties to the Agreement
For transfers from Professional to Subprocessor: as may be determined by the Professional
|
| Annex I.B (Description of the transfer) | The categories of data subject, personal data categories, purposes of international transfer and processing, any additional safeguards, and if applicable the duration of processing and any maximum data retention periods are those of the prospective users of the Professional’s services as shared by Bark.com. |
| Annex II (Technical and organisational measures) | The relevant technical and organisational measures are specified in Appendix 1. |
UK Standard Contractual Clauses
| UK Data Transfer Addendum Incorporating EU Standard Contractual Clause terms | Amendment / Selected option |
| Module | For transfers from Bark.com to Professional: Module 1 (Controller to Controller)
For transfers from Professional to Subprocessor: Module 2 (Controller to Processor) |
| Clause 7 (Docking clause) | Not included |
| Clause 9 (Use of sub-processors) / Annex III | For transfers from Professional to Subprocessor: Option 2 shall apply. |
| Clause 11 (Redress) | Not included |
| Clause 13 (Supervision) and Annex 1.C | The competent supervisory authority is the UK Information Commissioner’s Office. |
| Clause 17 (Governing law) | England |
| Clause 18 (Choice of forum and jurisdiction) | England |
| Annex I.A (List of parties) |
For transfers from Bark.com to Professional: the parties to the Agreement
For transfers from Professional to Subprocessor: as may be determined by the Professional
|
| Annex I.B (Description of the transfer) | The categories of data subject, personal data categories, purposes of international transfer and processing, any additional safeguards, and if applicable the duration of processing and any maximum data retention periods are those of the prospective users of the Professional’s services as shared by Bark.com. |
| Annex II (Technical and organisational measures) | The relevant technical and organisational measures are specified in Appendix 1. |
UK Controller-Processor Standard Contractual Clauses
| Appendix 2 | Appendix 1 identifies the relevant technical and organisational measures. |
| Clause 9 (Governing law) | Clause 9 shall be amended to read: "The Clauses shall be governed by the law of the country of the United Kingdom in which the data exporter is established, namely England". |
