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Terms and Conditions

1             This agreement

1.1          Establishment of agreement

Thank You for choosing to use http://petsplease.com.au (Site).

These Terms and Conditions include our Privacy Policy, and are between you (You and Your) on the one (1) hand and The Please Network Pty Ltd t/a Pets Please (ACN 166 876 197) as owner of the Site (Us, Our and We) on the other.

These Terms and Conditions govern Your use of the Site, including the terms of sale for any Goods purchased or sold by You using the Site.

Please read these Terms and Conditions carefully, because by using the Site:

(1)           You are confirming that You have not only read these Terms and Conditions but that You agree to be bound by them when using the Site,

(2)           You agree that these Terms and Conditions apply to the purchase and sale of Goods from the Site; and

(3)           You agree that a legally binding agreement is formed between Us and You.

1.2          Privacy Policy

Our Privacy Policy forms part of these Terms and Conditions.

Please therefore review Our Privacy Policy as it describes how We treat Your personal information.

1.3          Site Content

Our Site and its contents (with the exception of any advertisements), including without limitation its text, images, photographs, graphics, trademarks, software, audio and video clips and other materials (Site Content) are owned by or licensed to Us and are protected by Australian copyright laws and other intellectual property laws. 

We grant You a non-exclusive, non-transferable, limited right to access, use and display the Site and to download or print Site Content for personal, non-advertising purposes. 

When You provide Site Content which is displayed on the Site, You grant Us, and represent that You have the right to grant Us, a non-exclusive, non-transferable, royalty-free, limited right to access, use and display that Site Content for advertising and promotional purposes, including on affiliated media platforms of Ours, including but not limited to our Facebook, Instagram, Pinterest, Twitter and Google sites.

We are not responsible or liable for any misuse or non-authorised use by third parties of any Site Content provided by You.

1.4          Information Provided

Every effort has been made to make the Site as accurate as possible. You acknowledge however that Site Content is placed on the Site by third parties.

You acknowledge that any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site is at Your sole risk and We are not responsible or labile for any loss or damage that results from the use of the information on the Site.

We reserve the right in Our sole discretion and without notice to You to correct any errors or omissions in any portion of the Site.

1.5          Age Restriction

You represent and warrant to Us that You are at least eighteen (18) years old and that You possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.

1.6          Indemnification

You agree to indemnify Us and hold us harmless from and against any and all liability and costs incurred by Us or Our licensors or affiliates in connection with any Claim arising out of any breach or alleged breach of any of Your representations, warranties or obligations contained in these Terms and Conditions.

1.7          General Provisions

These Terms and Conditions constitute the entire agreement between You and Us with respect to the Site and supersede all prior agreements between You and Us.

Failure on Our part to enforce any provision of these Terms and Conditions is not to be construed as a waiver of any provision or right. These Terms and Conditions are governed by the laws of New South Wales and You submit to the exclusive jurisdiction of its courts.

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.

1.8          Links to other Sites

Our Site may contain links and pointers to other sites on the internet which may be maintained by third parties. Such links do not constitute an endorsement by Us or Our licensors or affiliates of any third party site or any materials contained in those other sites.

We do not control and are not responsible for the availability, accuracy or privacy policy of any such third party sites or any information, content, products or services accessible from such third party sites.

1.9          Amendment to terms

It may become necessary for Us to change the terms of these Terms and Conditions from time to time. If so, We will publish notices of changes on Our Site and will date those changes.

1.10        Definitions

To make these Terms and Conditions easier to read, We have used terms that have specific definitions. These terms appear in these Terms and Conditions with a capital letter as their first letter and when they are used they have the meaning set out at the end of these Terms and Conditions.

2             Online Marketplace

2.1          Acknowledgement

The Site is an online classified advertising page and also a marketplace which, from time to time, may provide relevant information and updates to You.

You acknowledge that any transactions of Goods from the Site are strictly between the relevant parties to that transaction and that We merely provide the facilities for which You can participate in any such transaction.

2.2          No Warranty

You acknowledge that:

(1)           We do not review users’ postings on the Site and are not involved in the transactions between users of the Site. Therefore We do not guarantee the accuracy or user communications or the quality, safety or legality of what is offered.

(2)           We make no representation as to the ownership of title in any Goods or as to the ability of a party to a transaction to complete a transaction with respect to those Goods. Further, We do not warrant to You that any party will complete the sale or purchase of any Good.

(3)           We cannot and do not confirm the identity of each user of the Site. We take no responsibility for any action or omission of any user of the Site.

(4)           We do not control the information provided by other users which is made available through the Site. We therefore make no warranty as to the accuracy of any information provided by any person through the use of the Site.

(5)           We do not accept responsibility for any loss or damage, however caused (including negligence) which You may directly or indirectly suffer in connection with Your use of the Site.

(6)           We do not accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through the Site.

3             Account

3.1          Creation of account

You must set up an account before participating in transactions for Goods on the Site. You must not set up an account for any other person.

3.2          Details

It is Your responsibility to enter all of Your information correctly when creating Your account. You warrant to Us that all information provided by You with respect to Your account is true and correct to the best of Your knowledge.

3.3          Unauthorised use

You must notify Us immediately of any unauthorised use of Your account.

3.4          No liability

We will not be liable to You or any other person (except to the extent required by law) for the cost of any loss or damage caused to You as a result of Your:

(1)           account information being incorrect; or

(2)           unauthorised use of Your password or account which occurs before You notify Us of such use under clause 3.3 above.

4             Use of the Site

4.1          Selling Goods

When selling Goods through the Site You must:

(1)           be an account holder;

(2)           be legally able to sell Goods that you list for sale;

(3)           be able to complete the sale;

(4)           provide sufficient and accurate descriptions of the Goods on the Site;

(5)           include all terms of sale of the Goods; and

(6)           include the price for the Goods on the Site, including any GST if applicable.

You acknowledge that all transactions undertaken through the Site (that is other than transactions between You and a third party arising out of classified ads) may only be undertaken using PayPal, unless otherwise agreed.

4.2          Buying Goods

When buying Goods through the Site You must:

(1)           be an account holder;

(2)           be able to complete the purchase; and

(3)           contact the Seller to make arrangements for the completion of the transaction, including payment and delivery.

4.3          Refunds, Returns and Warranties

All refunds, returns or warranty claims are to be made to the Seller directly. Buyers should ensure they are aware of each Seller’s individual policy regarding refunds, returns or warranties prior to entering into a transaction.

4.4          General Use of the Site

When using the Site You must not:

(1)           infringe Our, or any other party’s, copyright, trademark, privacy, confidentiality or intellectual property rights;

(2)           be misleading or deceptive;

(3)           breach any applicable laws;

(4)           be offensive, threatening, defamatory or obscene; or

(5)           make any reference to, or contain any hyperlinks to, other organisations that are of a similar nature to the Site, without Our prior consent.

5             Fees and Services

5.1          Free Classifieds

Posting general classifieds (that is classified ads that You do not elect to feature) with respect to the Goods on the Site are free.

5.2          Featured Classifieds

If you elect to make your classified ad a featured ad through the Site then you must pay the relevant fee for that service from time to time.

5.3          Marketplace/Shop Front

You may wish to purchase a Shop Front which allows You to advertise Goods for sale and/or post relevant information to that Shop Front on the Site.

All Shop Fronts incur the relevant fees posted on the Site from time to time. At that time You will be able to review and accept terms that will be clearly disclosed.

5.4          Fee information

Our fees are quoted in Australian Dollars, and We may change them from time to time. We will notify you of changes to our fees by posting such changes on the Site. We may choose to temporarily change our Fees for promotional events or new services and any such changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and You must pay all fees by their respective due date.

6             Termination

6.1          Breach

If:

(1)           You commit a breach of these Terms and Conditions which is not capable of being remedied;

(2)           You commit a breach of these Terms and Conditions which is capable of being remedied but fail to remedy the breach within the time frame specified in Our notice of the breach to You;

(3)           Your account balance is in arrears for 30 days or more;

(4)           We reasonably believe that Your actions may cause loss or damage to Us or a third party;

(5)           the law requires Us to do so; or

(6)           We receive a serious complaint or multiple complaints regarding your account,

We may, in our sole discretion and without notice to You:

(1)           refuse to show, or delay showing, Your listings or content on the Site;

(2)           cancel Your listings or remove Your content from the Site; and

(3)           suspend, terminate or limit Your account or Your access to the Site.

6.2          Termination

Notwithstanding any other term of these Terms and Conditions, either of us may terminate our agreement and Your account at any time by giving written notice to the other party via email.

Termination of our agreement will result in:

(1)           cancellation of Your account;

(2)           cancellation of Your listings;

(3)           removal of Your Site Content post on the Site; and

(4)           refusal of any subsequent account registrations by You.

7             Limitation of liability

7.1          Subject to the law

Any matters set out in this clause 7 are subject at all times to the law and while the limitations contained in this clause apply to the fullest extent possible, they do not apply if the law prevents them from so applying.

7.2          Indirect damages

Under no circumstances will We be liable for any indirect damages (including but not limited to loss of profits, loss of revenue, loss of opportunity, loss of productivity, loss of goodwill and business interruption) suffered by You which arise from Your use of the Site including the:

(1)           purchasing;

(2)           selling; and

(3)           listing

of Goods from the Site.

7.3          Your indemnity

It is an essential term of these Terms and Conditions that You indemnify Us against any Claim for which We are not liable under this clause 7 including as a result of any breach of these Terms and Conditions by You.

8             Privacy Policy

8.1          Information We collect and how We collect it

You can visit Our Site and view Our content anonymously. For certain activities, We collect information about You.

The information We collect falls into two categories:

(1)           personal information You voluntarily supply to Us to take advantage of certain features of Our Site, some of which may identify You personally; and

(2)           tracking information We collect as You navigate through Our Site.

8.2          Personal Information

You will need to provide Us with personal information if You are interested in obtaining certain information or participating in certain activities. Personal information We collect may include Your email address and a user name. For example, if You wish to obtain the benefit of any competition offered by Our Site (if any), We may ask You to provide Your personal particulars.

8.3          How Your information will be used

We will only use information You provide for the purpose for which it was collected, to personalise your experience, improve customer service, improve our business, and to process transactions. If You contact Us for help or additional information about a particular service, We will use the personal information You provide to reply to You. We reserve the right to share Your personally identifiable information with legal authorities if required by law, for example, to comply with a court order or subpoena or if We determine in Our sole discretion that it is necessary to investigate, prevent or take action regarding suspected illegal activities, any violations of these Terms and Conditions or in connection with any safety or security concerns.

8.4          Periodic Emails

We may use the email address You provided Us when opening an account to send You periodic emails that may include news, updates, related products or service information related to Our Site.

If you do not wish to receive these emails, you may choose to opt out of this service when creating an account, otherwise you may unsubscribe from these emails by either using the unsubscribe process as set out in such emails, or by contacting us directly.

8.5          Important

Although We take steps to protect Your personal information, no method of transmitting or storing electronic data is ever completely secure. Therefore We cannot promise or guarantee that such information will never be accessed, used or released in a manner that is inconsistent with this privacy policy.

8.6          Children’s privacy

Our Site is a general audience website and We do not knowingly collect information from children. Should a child whom We know to be under 13 make known or use his or her personally identifiable information, We will use that information only to respond directly to that child to inform him or her that We must have parental consent before receiving his or her personally identifiable information and then We will delete that information.

8.7          Changes to this Privacy Policy

This privacy policy may be amended from time to time by posting the modified policy on the Site, or if We determine that it is appropriate We may post a notice of the change elsewhere on Our Site. If We make a significant or material change in the way We use Your personal information, We will make You aware by prominently posting a notice on Our Site. By continuing to use Our Site after We have placed such a modification or notice, You agree to the terms of the modified privacy policy.

8.8          Links to other Websites

Our Site may contain links to third party websites for Your convenience and information. We are not responsible for the privacy practices or the content of those other websites. We encourage You to review the privacy policy of any company before submitting Your personal information.

8.9          How to contact Us about Privacy

Please contact Us using the contact form on the Site with respect to any enquiries about Our privacy policy, Our Site or if You wish to update, correct or delete any information You have provided to Us.

9             Definitions

Claim

 

means a claim against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.

GST

 

means goods and services tax payable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and all incidental and ancillary legislation and regulations.

 

Law

 

means all legislation, regulations, by-laws, common law and other binding order made by any statutory or government authority.

Goods

 

means, but is not limited to, any of the pets or pet supplies advertised for sale on the Site.

Shop Front

 

means a personalised page on the Site from time to time through which You can advertise Your goods and services.