Terms & Conditions

Terms and Conditions

The www.borrowmypooch.com.au website is owned and operated by BorrowMyPooch Pty Ltd ACN 601 925 017 (‘The Supplier’) trading as ‘BorrowMyPooch Pty Ltd’. By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘Ts&Cs’). If you do not agree to these Ts&Cs, please do not use this site. All services are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the website.

1 Governing law

The Supplier controls and operates this site from the Supplier offices within Australia. These Ts&Cs are governed by the laws of the State of Queensland. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Queensland. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

2 Revisions to Ts&Cs

The Supplier may revise or amend these Ts&Cs at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Ts&Cs is found to be unenforceable, the remainder of these Ts&Cs remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Ts&Cs.

3 Site content, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the Supplier related companies, affiliates, licensors and licensees.

4 Advertising & Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and the Supplier is not responsible for the contents of any such information or website. The Supplier provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

5 Personal, non-commercial use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of: a. Signing Up as a User/Customer; or b. Using this site for the service which it provides, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents. c. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Ts&Cs.

6 Prohibited conduct

You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.

7 Licence to use

You grant the Supplier an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8 User conduct

You must not upload, post, transmit or otherwise make available through this site any material which: – violates or infringes the rights of others (including their privacy and intellectual property rights); – is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; – encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit the Supplier any other user from using the site; – affects the functionality or operation of the site or the Supplier servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or – breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.

9 Indemnity

You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these Ts&Cs or your breach of any rights of third parties.

10 Services

The supplier provides an intermediary service between dog owners and dog borrowers that enables them to meet and exchange information to organise dog borrowing experiences. This service includes the owners providing information regarding the dog preferences and dislikes and the borrowers providing details of their experiences with dogs and their anticipated experiences. The Supplier will apply and compute the information provided and allow and/or make recommendations for matches between the parties. The dog owners and dog borrowers will, at their own risk and responsibility, organise to meet and then the Supplier may request feedback as to the meet experiences.

The Supplier will enable users to communicate via various communication tools such as email, bulletin boards, chat rooms, new groups, forums and/or other messaging or communication facilities. These services are not to be used for commercial purposes by the users.

All users must be aged over 18 years of age.

All users must ensure that any dog listed via the Supplier’s website must not be listed on this website unless it has been vaccinated, has been micro chipped and registered with the local council, is not unwell and is not listed as a dangerous and/or restricted breed pursuant to the Companion Animals Act of that state or similar legislation in effect at a particular time or otherwise have a Council notice of intention, Council Order or Court Order or Declaration issued against that dog declaring it to be ‘dangerous’ as defined in the relevant legislation of that state.

The Supplier disclaims all liability for risks associated with the use of the website and the consequent interactions between the users whether online or offline. The Supplier does not guarantee the accuracy of the information provided by a user and the Supplier is not responsible for the accuracy of same. Further, the Supplier does not warrant that another user is using this website in accordance with these Ts&Cs. It is the sole and exclusive responsibility of each and every user to ensure that all necessary precautions are undertaken by him/her when communicating with or meeting other users of this service.

The Supplier does not supply any insurance cover associated with its services and recommends all users obtain necessary insurance cover to protect them, their dog/s and/or other personal property.

11 Prices

All prices are inclusive of GST unless otherwise specified. Prices displayed on this site are current at the time of issue, but may change at any time. Payments will be created as subscriptions and will be rebilled automatically at the end of the initial period that was purchased for using the same details that were used for the initial payment.

11.a Refunds

A refund may be requested by the user within 30 days of the payment in question. Any refunds requested outside this timeframe have the right to be refused by the supplier.

12 User Accounts

All users must sign up for the Supplier’s services by completing a registration form online. This will require the provision of personal and non personal information by the user and will result in an applicable username and password for the services. A user may only use his/her account to access the Supplier’s services. It is the responsibility of each user to maintain the confidentiality of their username and password and for the user’s account activities. If the security of your account has been breached you must notify us directly and promptly; however, the Supplier accepts no responsibility for any liability that may arise from such a breach and will not be liable for any resultant damages or losses.

13 Disclaimer

To the extent permitted by law, the Supplier will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by the Supplier under these Ts&Cs including any loss or injury occasioned to an user, borrower, owner or dog in connection with the use of this website in any way or manner whether directly or indirectly; or (3) a failure or omission on the part of the Supplier to comply with the Supplier obligations under these Ts&Cs.

14 Limitation of liability

Our total liability to you (if any) in connection with this site, or with these Ts&Cs or any goods or services supplied under them, will be limited, at our election, to: (1) any misleading or deceptive conduct on our part and (2) shall be limited to a sum equal to $100 AUD.

15 Disclaimer of warranty

The Supplier is providing this site and the Supplier contents on an ‘as is’ or ‘as available’ basis and use of this site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation, endorsement or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose, compatibility, accuracy and security.

16 Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

17 Termination

The user or the Supplier may terminate the use of the services under this website at any time upon providing 28 days written notice to the other party – written notice must be made by email to the following email address and will require confirmation of receipt as proof of notification [email protected]. The account may be terminated at any time by any party for any reason whatsoever. The Supplier however reserves the right to immediately suspend or terminate the account of any user for any reason without notice and will cancel/remove the account details from the website at the Supplier’s discretion.

If the reason for a suspension is the user’s breach of these T& Cs, then the Supplier reserve the right to hold any fees paid under the services of this website without refund to the user. Any outstanding payments will become immediately due to the Supplier. The Supplier will bear no liability to any third party for the suspension or termination of a User’s use of the website’s services.

18 Copyright and Intellectual Property

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all intellectual property rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and it’s related companies, affiliates, licensors and licensees.

The user’s information remains the property of the user however the user in submitting such details via the Supplier’s website permits the Supplier to use that information to copy, distribute, publicly display, edit, translate or reproduce that information via the Services and in connection with the Services (eg via other third party social media pages) on non exclusive, royalty free and international basis.

19 Liability

The Supplier’s total liability is limited to errors which are related to the provision of services. You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify the Supplier in connection with any use (whether authorised or unauthorised of your user name or password).

20 Guarantee

Any complaints must be submitted within one week of the relevant issue relating to the service arises The Supplier‘s liability is limited to rectifying an aspect of the service should the Supplier deem it appropriate and this in no way waives any of the liabilities and disclaimers provided by the Supplier under these Ts&Cs.

21 Post Termination

Your ability to use the Services of this website may be terminated by the Supplier and at any time without notice. All restrictions, licences granted by you and limitation of the Supplier’s liability will survive termination.

Last Updated: January 2019