1. About the Website and Acceptance of the Terms
1.1 Welcome to www.thepetspot.com.au (the ‘Website‘). The Website provides Classified listing and directory services related to the sale, services, and viewing of pets and animals (the ‘Services‘).
1.2 The Website is operated by PETSPOTAU PTY LTD (ACN 626 777 204). Access to and use of the Website, or any of its associated Products or Services, is provided by PETSPOTAU PTY LTD. Please read these terms and conditions (the ‘Terms‘) carefully. To use the Services and/or create an account on the Website, you must agree to the Terms. You must signify your assent to our Posting Policy each time You create a listing on the Website. You may revoke your consent to the Terms at any time by deleting your account on the Website.
1.3 PETSPOTAU PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PETSPOTAU PTY LTD updates the Terms, it will reasonably endeavour to provide you with updated Terms. Any changes to the Terms take immediate effect from the date of their publication. You agree to be bound by the Terms as and when they change. You may revoke your consent to the updated Terms at any time after their publication by deleting your account on the Website.
2. Further Acceptance of the Terms
2.1 As noted in Cl. 1.2 and 1.3 You must agree to the Terms to use the Services and/or create an account on the Website. Such creation of an account on the Website and/or use of the Services constitutes an acceptance of the Terms. You may also accept the Terms by clicking ‘accept’ or ‘agree’ to the Terms where this option is made available to You by PETSPOTAU PTY LTD in the user interface.
3. Options for use of Services
3.1 In order to access the Services, You are required to register for an account through the Website (the ‘Account’).
3.2 Before placing a listing as a Provider, You must first choose a subscription through the Website (the ‘Subscription‘) and pay any applicable outstanding fees (the ‘Subscription Fee‘) before cancellation. Alternatively, if You choose the one-off listing option (the ‘One-off Listing’), then payment is only required per listing uploaded (the ‘One-off Listing Fee’).
3.3 In purchasing the Subscription or One-off Listing, You acknowledge and agree that it is Your responsibility to ensure that the option You elect to purchase is suitable for Your use.
3.4 As part of the registration process, or as part of Your continued use of the Services, You may be required to provide personal information about Yourself (such as identification or contact details), including, but not limited to:
(a) Business information
(b) Email address
(c) Preferred username
(d) Mailing address
(e) Telephone number
(g) Given name, Social media accounts and Breeder Registration number.
3.5 You warrant that any information You give to PETSPOTAU PTY LTD in the course of completing the registration process is accurate, correct and up-to-date, and where such information is not, or is no longer, accurate, correct or up-to-date you will reasonably endeavour to correct this as soon as possible.
3.6 Once You have completed the registration process, You will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member You will be granted access to the Services from the time You have completed the registration process. If You have chosen a Subscription, You will be given access until the Subscription Period expires (the ‘Subscription Period‘).
3.7 You may not use the Services and may not accept the Terms if:
(a) You are under the age of 18; or
(b) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Services.
4. Your obligations as a Member
4.1 As a Member, You agree to comply with the following:
(a) Only one identity per profile is permitted, for both business and personal profiles;
(b) You will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or guidelines, in the relevant jurisdictions;
(c) You will take reasonable steps to protect the confidentiality of your account information and personal information you have supplied to PETSPOTAU PTY LTD. You will take reasonable steps to inform PETSPOTAU PTY LTD of any unauthorised use of your account, including use that violates the Terms;
(d) Any use of your registration information by any other person, or third parties, is strictly prohibited
(e) You must not impersonate another Member or use the profile or password of another Member at any time without permission;
(f) Any content that You broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) is accurate, correct and up-to-date, and appropriately aligned with the ethical standards of PETSPOTAU PTY LTD as found in the Posting Policy. To the extent that Your Content on the Website is incorrect, out-of-date, or not appropriately aligned with the ethical standards of PETSPOTAU PTY LTD, You will take reasonable steps to comply with your obligations under Cl. 4.1(f) by rectifying or removing Your Content. PETSPOTAU PTY LTD may, in the absence of You rectifying or removing content in breach of Cl. 4.1(f) within a reasonable time, rectify or remove said content.
(g) You will maintain reasonable records of Your Content.
(h) You agree not to harass, impersonate, stalk, or threaten another Member of the Website (where interaction with other Members is made available to you);
(i) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of PETSPOTAU PTY LTD providing the Services;
(j) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of PETSPOTAU PTY LTD. This includes the definition of the Services at Cl. 1.1;
(k) You will not use the Services or Website for the purposes of facilitating unethical activity with regard to your listing. PETSPOTAU PTY LTD does not condone, nor will be used to facilitate activities including the operation of puppy farms, and any other activity deemed to conflict with PETspot’s guidelines. Activities including the operation of puppy farms, and any other activity deemed to conflict with PETspot’s guidelines may result in the suspension or termination of your account, and the notification of a third party Enforcement Authority, including the Police, where necessary or relevant;
(l) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting the email addresses of Members by electronic or other means for the purpose of sending unsolicited emails;
(m) You agree that commercial advertisements that are unrelated to pets and/or animals and pet and/or animal services, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. This does not apply to activities that have been approved by PETSPOTAU PTY LTD with prior consent. Appropriate legal action will be taken by PETSPOTAU PTY LTD for any illegal or unauthorised use of the Website;
(n) You acknowledge and agree that any automated use of the Website or its Services is prohibited; and,
(o) PETSPOTAU PTY LTD may delete or recover an account that is being used fraudulently, without the owner’s consent, or in breach of the Terms.
4.2 By agreeing to Your obligations under this clause, the PETSPOTAU PTY LTD reserve the right to terminate any account You hold if You were to be found in breach of this.
5.1 Where the option is given, You may make payment of the Subscription Fee or One-off Listing Fee by way of:
(a) PayPal (‘PayPal‘);
(b) Mastercard (‘Mastercard’) as facilitated by Stripe and Paypal; and
(c) Visa (‘Visa’) as facilitated by Stripe and Paypal; and
(d) American Express (‘American Express’) as facilitated by Stripe and Paypal.
5.2 In using the Website, the Services or when making any payment in relation to Your use of the Services. PETSPOTAU PTY LTD does not store or save any of your payment information, except such information that is released to us by either Paypal or Stripe.
5.3 You acknowledge and agree that where a request for the payment of the Subscription Fee or One-off Listing Fee is returned or denied, for whatever reason, by Your financial institution or is unpaid by You for any other reason, then You are liable for any costs, including banking fees and charges, associated with the Subscription Fee or One-off Listing Fee.
5.4 You agree and acknowledge that PETSPOTAU PTY LTD can vary the Subscription Fee or One-off Listing Fee at any time. The varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period, and the varied One-off Listing Fee will come into effect immediately.
6. Refund Policy
6.1 Since PETSPOTAU PTY LTD is only a facilitator in introducing You to the Receiver and/or Provider, PETSPOTAU PTY LTD does not hold any liability to You directly, in contract or tort except as where mandated by Statute, and will not personally refund You for any payments to a Receiver and/or Provider made as a result of an agreement between yourself and a Receiver and/or Provider. Accordingly;
(a) the Provider must disclose its refund and exchange policies and procedures to the Receiver upon request; and
(b) the Receiver must agree with the Provider’s refund and exchange policies and procedures;
upon the purchase.
6.2 Pursuant to clause 6.1., if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund from the Provider, then PETSPOTAU PTY LTD requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after 14 days, you may contact PETSPOTAU PTY LTD through the ‘Contact Us’ section of the Website outlining why You believe You are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
6.3 If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that they will, as soon as possible;
(a) review the Receiver’s request; and
(b) comply with the Receiver’s request insofar that it is reasonable as determined by the Terms and Australian Consumer Law.
6.4 PETSPOTAU PTY LTD will only provide You with a refund of the Subscription Fee or One-off Listing Fee in the event they are unable to continue to provide the Services or if the Board of PETSPOTAU PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances, or where Statute mandates that a refund must be provided to You. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member or the total amount of the One-off Listing Fee.
7. Copyright and Intellectual Property
7.1 The Website, the Services and all of the related products of PETSPOTAU PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by PETSPOTAU PTY LTD or its contributors.
7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by PETSPOTAU PTY LTD, who grants to You a worldwide, non-exclusive, royalty-free, revocable license whilst You are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in Your device’s cache memory; and
(c) print pages from the Website for Your own personal and non-commercial use.
7.3 PETSPOTAU PTY LTD does not grant You any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by PETSPOTAU PTY LTD.
7.4 PETSPOTAU PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing You do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.5 You may not, without the prior written permission of PETSPOTAU PTY LTD and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7.6 Where You broadcast, public, upload, transmit, post or distribute Your Content on the Website, then You grant to PETSPOTAU PTY LTD a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republic, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9. General Disclaimer
9.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) PETSPOTAU PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), at general law or, where applicable and permissible, under statute.
9.3 Use of the Website and the Services is at Your own risk. Everything on the Website and the Services is provided to You “as is” and “as available” subject to the relevant guarantees under the Australian Consumer Law and your rights under the Terms. None of the affiliates, directors, officers, employees, agents, contributors and licensors of PETSPOTAU PTY LTD make any representation or warranty about the Services or any products or Services (including the products or Services of PETSPOTAU PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of You using the Website, the Services or any of the products of PETSPOTAU PTY LTD; and
(d) the Services or operation in respect to links which are provided for Your convenience.
9.4 You acknowledge that PETSPOTAU PTY LTD Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services disclosed. PETSPOTAU PTY LTD holds no liability to You as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
10. Limitation of liability
10.1 PETSPOTAU PTY LTD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
10.2 You expressly understand and agree that PETSPOTAU PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.3 You acknowledge and agree that PETSPOTAU PTY LTD holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You as a result of providing Your Content to the Website.
11. Termination of Contract
11.1 The Terms will continue to apply until terminated by either You or by PETSPOTAU PTY LTD as set out below.
11.2 If You have agreed to the terms under the Subscription Fee and wish to terminate the Terms, You may do so by:
(a) providing PETSPOTAU PTY LTD with 7 days’ notice of Your intention to terminate; and
(b) closing Your accounts for all of the services which You use, where PETSPOTAU PTY LTD has made this option available to You.
11.3 Your notice should be sent, in writing, to PETSPOTAU PTY LTD via the ‘Contact Us’ link on our homepage.
11.4 If You wish to terminate Your Subscription at any time, You will be required to pay the Subscription Fee up until the end of the current Subscription Period.
11.5 If You have paid a One-off Listing Fee and wish to Terminate Your engagement with PETSPOTAU PTY LTD, the amount paid will be non-refundable.
11.6 PETSPOTAU PTY LTD may at any time, terminate the Terms with You if:
(a) You have breached any provision of the Terms or intend to breach any provision;
(b) PETSPOTAU PTY LTD is required to do so by law;
(c) the provision of the Services to You by PETSPOTAU PTY LTD is, in the opinion of PETSPOTAU PTY LTD, no longer commercially viable.
11.7 Subject to local applicable laws, PETSPOTAU PTY LTD reserves the right to discontinue or cancel Your membership at any time and may suspend or deny, in its sole discretion, Your access to all or any portion of the Website or the Services without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts PETSPOTAU PTY LTD’s name or reputation or violates the rights of those of another party.
11.8 When the Terms come to an end, all of the legal rights, obligations and liabilities that You and PETSPOTAU PTY LTD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1 You agree to indemnify PETSPOTAU PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
13.3.1 Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
13.3.2 If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the an Accredited Industry Mediator as per the ACCC or his or her nominee;
13.3.3 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
13.3.4 The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5 Termination of Mediation:
If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by PETSPOTAU PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, You agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assignees.
16. Declaration of Assent and Belief in Fairness
Both parties confirm and declare that they believe the Terms to be fair and reasonable, and signify their assent subject to revocation as set out at Cl. 1.2.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms, to the extent they are able to stand independently of the severed part, shall remain in force.