PuppyPal Platform Terms of Use

These Terms of Use apply to the use of www.puppypal.com.au (“Platform”). In using the Platform, you agree to be bound by these Terms of Use and all policies published by us on the Platform from time to time (“Policies”). If you do not accept these Terms of Use or any of our Policies, you must refrain from using the Platform. These Terms of Use must be read in conjunction with any other applicable terms and policies governing the use of the Platform.

In these Terms of Use, the expressions “PuppyPal”, “we”, “us” and “our” are a reference to PuppyPal Pty Ltd, ACN 675 964 851.

1.           Amendments to Terms of Use

We reserve the right to amend these Terms of Use and our Polices from time to time. We may post the amended Terms of Use or Policies on the Platform or email them to Your nominated email address. Any amendment that results in the imposition of or increase in charges, Your increased responsibility, or reduced service available to You will be notified in writing within thirty (30) days prior to the effective date. However, notice is not required when the amendment is necessary for legal, security or other substantive reasons, or to assist the proper delivery of the service. Your continued use of the Platform following such notification will represent an agreement by You to be bound by the Terms of Use and Policies as amended.

2.           Other applicable terms

If you are a PuppyPal Partner (as maybe described on the Platform), our PuppyPal Partner Terms will also apply to you (please contact us on legal@puppypal.com.au to receive a copy of PuppyPal Partner Terms). In the event of any inconsistency between these Terms of Use and PuppyPal Partner Terms, the latter will apply to the extent of such inconsistency.

3.           Restricted use

Unless we agree otherwise in writing, you are provided with access to the Platform only for your personal use and you may not without our written permission on-sell, commercialise or make available to any third parties the Services, the Platform or any information contained therein.

4.           Services and Fees

We offer free and paid services (“Services”). We may start charging a fee for Services that were initially offered as free services, provided that we provide you with a reasonable notice of the applicable pricing plan. For paid Services you will be charged the fees specified on the Platform (“Fees”) when they are due. We may change the Fees from time to time by posting updates Fees on the Platform, provided that any changes to the Fees will not apply to already paid ads and membership fees during the period(s) such Fees cover.

For paid services our Fees will be payable in the manner described on the Platform or as otherwise may be agreed by us in writing.

Payment must be effected in the manner described on the Platform. The Fees are in Australian Dollars and are inclusive of GST.

If you don't pay the Fees when they are due for payment, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the Platform. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

In relation to some transactions made via the Platform, we may receive benefits from third parties, such as but not limited to, commissions, fees, discounts, promotional credits, rebates or other incentives. These benefits help us to maintain and improve the quality of our services, offer competitive pricing, and enhance your overall user experience.

5.           Members' obligations

By using the Platform you agree that you will not violate these Terms of Use and the Policies. You, as a user of the Platform agree that you:

(a) will not post or transmit any material or information which is offensive, defamatory, indecent, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;

(b) will not post or transmit any content or images that are adult in nature or otherwise not appropriate for minors (individuals under 18 years of age);

(c) will not post or otherwise communicate any false or misleading material or message of any kind;

(d) will not post, copy, modify, or distribute any other person's content or material without their consent; sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of any person;

(e) are responsible for protecting the confidentiality of your password and other login details and must not share them with any third party;

(f) agree not to impersonate any other person;

(g) agree to provide current, accurate and up-to-date information about yourself;

(h) will not publish personal contact information of any other person, including emails, phone numbers, name, street address, etc;

(i) agree not to post or transmit any unsolicited advertising or promotional materials or distribute spam;

(j) agree not to publish more than one identical piece of content (including ads) or more than one identical product or service at the same time or in the same context;

(k) will not artificially increase or decrease any community content, including ratings and reviews;

(l) agree that any material which you post may be removed by us from the Platform without notice at any time;

(m) you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

(n) use any tool that interferes with the normal functioning of the Platform;

(o) use any robot spider, scraper or other automated means to access the Platform and collect content (including information about others) for any purpose without our express written permission;

(p) bypass measures used to prevent or restrict access to the Platform.

6.           Disclaimer

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold us responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we do not act as an agent for the users of the Platform and we are merely a provider of a platform that allows anyone to offer, sell, and buy goods and services at the prices set by the sellers or negotiated between sellers and buyers. We do not review users' postings, we are not involved in any transaction between buyers and sellers and we never take ownership of any items. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the quality, safety, or legality of what's offered, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.

While we take reasonable steps to ensure that information published on or otherwise generated via the Platform (such, as for instance any recommendations concerning pet selection, care or products) is fairly general in nature and is not intended to replace a professional advice, as such, do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, currency completeness or availability of information contained on the Platform. The entire risk arising out of your use of the Platform, Services and information remains solely with you, to the maximum extent permitted under applicable law, including the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)) (ACL).

In no event do we accept liability for any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that the Platform is offered on an “as is” and “as available” basis and we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. To the extent permitted by law, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

We do not accept liability for any losses arising directly or indirectly from a failure to provide a discussion forum or trading facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members' obligations as set out in these Terms of Use or any content transmitted by a non-member.

You must take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.

Responsibility for the content of advertisements appearing on the Platform (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

7.           Release and indemnity

If you have a dispute with one or more users, you release us and our related bodies corporate (and our respective officers, directors, agents, subsidiaries, joint venturers and employees) 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 such disputes.

You will indemnify us and our related bodies corporate (and our respective officers, directors, agents, subsidiaries, joint venturers and employees) against any loss and damage (including due to third party claims) arising out of or in connection with your breach of these Terms of Use, or your breach of any law or infringement of any rights of a third party in the course of or in connection with using the Platform.

8.           Limitation of Liability

Nothing in these Terms of Use excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms of Use or protected by law to the extent that such exclusion, restriction or modification would render these Terms of Use or any provision of these Terms of Use void, illegal or unenforceable. Subject to that, we are not liable (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to you or any third party for any loss of use, profit, revenue, business, data, reputation, contract, goodwill or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect or consequential loss or damage arising out of or in connection with your use of, or inability to use the Platform, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Otherwise, our maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to you or any third party is limited to the Fees paid by you for the Services that gave rise to a claim during the twelve (12) months period immediately preceding the first event giving rise to a claim.

To the extent that the ACL or other consumer law applicable in your jurisdiction applies, our liability for breach of a guarantee conferred by the ACL or such other consumer law applicable in your jurisdiction is limited to any one of the following (as determined by us):

  (a)  the supplying of the Services again; or

  (b)  refund of the Fees (or part thereof) paid by you for the affected Services.

9.           Breach, termination and closing your account

Without limiting other remedies available to us at law, in equity or under these Terms of Use, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

(a)    you have, or we believe that you have, breached these Terms of Use, which includes any of our Policies;

(b)    you have failed to pay applicable Fees when due;

(c)    we, acting reasonably, believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or

(d)    if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

If your access to the Platform or our Services is cancelled of suspended based on the above or if you have deleted your paid posts or cancelled your account yourself, you will not be entitled to any refund in relation to any pre-paid Fees.

If you’ve purchased a pre-paid subscription, you may cancel your subscription at any time through the functionality provided on the Platform, provided that the Fees applicable to then current subscription period will not be refunded to you. You will continue to have access to the Platform for the reminder of the pre-paid subscription term. If your access to the Platform is cancelled of suspended by us and not due to your fault, we will issue with a refund of the pre-paid but unused Fees on a pro-rata basis.

On termination you must immediately cease all use of the Platform, Services and Data and remove or destroy any copy of all or part of the Data in your possession or control.

Sections 5 (Disclaimer), 6 (Release and Indemnity), 7 (Limitation of liability), 9 (Intellectual Property Rights), 10 (Links to third party websites), 11 (Confidentiality), 12 (Privacy) and 13 (General) will survive any expiry or termination of this agreement.

10.        Intellectual Property Rights

We retain at all times all title, ownership, and intellectual property rights in and to the Platform and any modifications thereto. You acknowledge and agree that you are given a limited, personal right to use the Platform and Services subject to your compliance with these Terms of Use.

If you provide us with any feedback or suggestions in relation to the Platform and/or Services (“Feedback”), all intellectual rights in the Feedback will vest into us immediately upon receipt.

You must not and must not allow any third parties to: (a) duplicate, reproduce, decompile, disassemble, reverse engineer, reverse assemble, reverse compile, or otherwise attempt to derive the Platform’s source code from the object code; (b) modify, enhance, or create derivative works from the Platform; and (c) make your account on the Platform available by sharing password and other login details or otherwise in any form to any person.

Copyright in the Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform; or

(b) commercialise any information, products or services obtained from any part of the Platform,

without our written permission.

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

(a)    in or as the whole or part of your own trademarks;

(b)    in connection with activities, products or services which are not ours;

(c)    in a manner which may be confusing, misleading or deceptive;

(d)    in a manner that disparages us or our information, products or services (including the Platform).

When you provide us with your content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party platforms and media channels.

You waive all moral rights you have in your content provided to us and Feedback to the fullest extent permitted by law.

11.        Links to third party websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

12.        Confidentiality

A party shall not, without the prior written approval of the other party, unless it is legally compelled otherwise, disclose the other party's Confidential Information and can only use such Confidential Information to the extent permitted by these Terms of Use.

In these Terms of Use, “Confidential Information” means:

      a) the design, specification and content of the Platform and Services;

    b) information of a party which due to its nature can be reasonably considered to be confidential.

13.        Privacy

By using the Platform, you agree to the collection, transfer, storage and use of your personal information in accordance with our Privacy Policy. Both you and us must comply with our respective obligations under applicable data protection laws.

14.        General

These Terms of Use and Policies constitute the entire agreement between us and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use shall be governed and construed in all respects by the laws of New South Wales, Australia. You agree that any claim or dispute you may have against us must be resolved by the courts of New South Wales, Australia. You and us both agree to submit to the non-exclusive jurisdiction of Courts of New South Wales, Australia.

No right under these Terms of Use shall be deemed to be waived except by our notice in writing.

Notwithstanding the termination or expiration of this agreement, any rights, obligations, or liabilities that have accrued or arisen prior to such termination or expiration shall survive and continue in full force and effect.

If any provision of these Terms of Use is held invalid, unenforceable or illegal for any reason, these Terms of Use shall remain otherwise in full force apart from such provision which shall be deemed deleted.

We may assign this agreement in our sole discretion upon notice to your nominated email address or by posting such notice on this website.