PET STAYS MARKETPLACE TERMS AND CONDITIONS

  1. Pet Stays (ABN 11697589009) (referred to as Pet Stays) provides a booking platform, searchable directory of businesses within the pet industry. Pet Stays plays a role of an introductory service and booking platform between Pet Businesses, service providers and their members of the public who require such goods or services (Customers).
  2. The Services are available on Pet Stays website at www.petstays.net.au (Site). 1. Acceptance of Terms (a) These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Pet Stays and every entity or organisations using the Services (including but not limited to Pet care/welfare oriented businesses/ Individuals and Customers, collectively referred to as Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Pet Stays using the contact details at the end of these Terms. (b) The User’s use of the Site and the Services indicates that the User: (i) has had sufficient opportunity to access the Terms and contact Pet Stays; (ii) has read, accepted and will comply with the Terms; (iii) has legal capacity to enter into a contract for sale; and (iv) There is an age requisite. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services. (c) These Terms may be amended from time to time. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts the amended Terms. Although Pet Stays will notify Users regarding amendments to the Terms via email. Pet Stays recommends that each User check the current Terms, before continuing use of the Services. Pet Stay’s agents, employees and third parties do not have authority to change the Terms. (d) These Terms supplement and incorporate: (i) The Pet Stays policies and terms and conditions including without limitation the Website Terms of Use and Privacy Policy posted on the Site; and (ii) the Stripe Terms of Service. (e) Pet Stay’s Privacy Policy sets out how Pet Stays collects, uses and protects the personal information of its Users.
  3. Pet Stay’s Website Terms of Use govern your use of the Site. These documents are available on the Site. 2. Introductory Service Only (a) The Site and the Services provide a booking platform, searchable directory of pet care and products, welfare oriented businesses and connects individuals with our online introductory platform between customers and Pet care/welfare oriented businesses/ Individuals . A booking portal is integrated to enable the 15% commission for all Pet carers and walkers, product and service oriented businesses/ Individuals using the booking portal (b) A User must register on the Site and create an account or sign in using social media login to use the Site and Services. (c) A pet care/welfare oriented businesses/ Individuals with an Account may make a listing (Listing) to advertise the sale of pet care/welfare oriented businesses/ Individuals related supplies or the availability of pet care/welfare oriented businesses/ Individuals related services. A pet care/welfare oriented businesses/ Individuals must set out all relevant information in a Listing including but not limited to: the location and availability of an pet care/welfare service; the fee for a Pet care/welfare service; the purchase price of pet care/welfare supplies; any delivery fees in respect of pet care/welfare supplies; any refund and exchange policy in respect of pet care/welfare supplies; any refund policy in respect of pet care/welfare services and any other terms and conditions applicable to the sale of pet care/welfare supplies or the supply of pet care/welfare services. (d) In order to create a Listing for a period of time (Listing Period) as set out on the Site, a pet care/welfare oriented businesses/ Individuals must pay a fee (Listing Fee). To extend the Listing Period, the pet care/welfare oriented businesses/ Individuals must pay an additional Listing Fee before the expiration of the Listing Period. (e) A pet care/welfare oriented businesses/ Individuals with a Listing will be able to update their Listing at any time during the Listing Period (f) Each Listing may offer multiple type of pet care/welfare supplies or pet care/welfare service. A pet care/welfare oriented businesses/ Individuals may offer multiple products at the same time but the pet care/welfare oriented businesses/ Individuals must arrange separate listings for each. (g) All Customer can avail the services with a registered account or logged in using social media interface (i) view listings as they appear on the Site subject to the type of pet care/welfare services, pet care/welfare supplies, location and other search filters submitted or selected by a User (Search Query); (ii) book and pay for pet care/welfare services and/or order and pay for supplies and services through the Site (Booking); and (iii) where a Customer is unable to make Bookings for particular pet care/welfare supplies or pet care/welfare services through the Site, contact a pet care/welfare oriented businesses/ Individuals through the Site using the contact information provided by the pet care/welfare oriented businesses/ Individuals such as phone and/or business address to make private arrangements to order and pay for service and supplies or services outside of the Site. (h) When a Customer makes a Booking, they accept any terms and conditions set out in the relevant Listing. (i) The order or ranking of a Listing in the results of a Search Query or on the Site is wholly dependent on the search filter submitted or selected by a User and will vary in each case. (j) Each Customer understands and agrees that the Site is a booking and introductory platform only, and that Pet Stay’s responsibilities are limited to facilitating the availability of the Site and Services including the making of a Booking. (k) Each User understands and agrees that the Site is an online introductory platform only and that Pet Stay’s responsibilities are limited to facilitating the availability of the Site and the Services. (l) The Site may display advertisements and links for third party businesses not affiliated with Pet Stays, an pet care/welfare oriented businesses/ Individuals, pet care/welfare services or pet care/welfare supplies on the Site. Any contact or engagement with any third party will be the User’s sole responsibility. Pet Stays is not responsible for products or services provided by such third parties. (m) Pet Stays is not a party to any agreement entered into between a Customer and an pet care/welfare oriented businesses/ Individuals or any third party business. Pet Stays may generate leads for a pet care/welfare oriented businesses/ Individuals but Pet Stays is not a referrer and provides no such related services. Pet Stays has no control over the conduct of Customers, pet care/welfare oriented businesses/ Individuals , any third parties or other users of the Site and the Services. Pet Stays disclaims all liability in this regard, as set out in these Terms. (n) Any arrangement between a Customer and an pet care/welfare oriented businesses/ Individuals is solely between the Customer and pet care/welfare oriented businesses/ Individuals. It is strictly and expressly not part of the User’s agreement with Pet Stays.
  4. Online Registration: (a) A User can browse and view Listings and the Site as an unregistered user of the Site. A User must register on the Site and create an Account to access some Services and features on the Site, including making a Listing and a Booking. (b) Each User as customers may only have one account to use services on the site and as vendors add multiple business listings . (c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password. (d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Pet Stays reserves the right to suspend or terminate any User’s Account both customer or vendors and his/her access to the Site and Services if any information provided to Pet Stays proves to be inaccurate, not current or incomplete and working against the operational procedure of Pet Stays. (e) To keep information secure and confidential, Pet Stays uses SSL Certificates to establish an encrypted link between a server and a User. Users will be requested by Pet Stays to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in our Privacy Policy and Website Terms of Use. PEt STAYS MARKETPLACE TERMS AND CONDITIONS (f) It is the User’s responsibility to keep Account details, username and password confidential. The User is liable for all activity on their Account, including purchases made using account details. The User agrees that they will not disclose their account password to any third party and that they will take sole responsibility for any activities or actions under their Account, whether or not they have authorised such activities or actions. (g) The User will immediately notify Pet Stays of any unauthorised use of their Account.
  5. User Obligations (a) Each User acknowledges and agrees that any communications entered into with another User is at their own risk. Pet Stays does not provide a User with and cannot guarantee that other Users have genuine intentions. (b) Each User should report to Pet Stays, any activities or requests of Users which are, or which the User reasonably believes to be: (i) suspicious; (ii) inconsistent; (iii) illegal; or (iv) likely to have a negative effect on the reputation of Pet Stays, the Site, Services and/or a User. (c) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users. (d) Each User represents and warrants that any content that it provides and Listing that it posts: (i) Vendors will not breach any agreements they have entered into with any third parties or users (service-users); (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in their local area and country; and (iii) will not conflict with the rights of third parties. (e) For the avoidance of doubt, Pet Stays assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations. (f) Pet Stays reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Listing for any reason, including Accounts or Listings that Pet Stays, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. 5. Pet care/welfare oriented businesses/ Individuals  Additional Obligations and Warranties (a) Each pet care/welfare oriented businesses/ Individuals will endeavour to provide the pet care/welfare services to their highest standard and in a manner consistent with how they have represented their pet care/welfare services in the Listing; (b) Each pet care/welfare oriented businesses/ Individuals agrees that it will identify in the Listing where the provision of pet care/welfare services or pet care/welfare supplies are not suitable for or cannot accommodate children under a particular age and will ensure any pet care/welfare supplies are appropriate and safe for the age group as advertised in the Listing; (c) Each pet care/welfare oriented businesses/ Individuals acknowledges that to enable Pet Stays to facilitate Bookings of pet care/welfare services they must provide to Pet Stays: (i) their current business details including name, Australian Business Number or Australian Company Number, address, telephone number, web address, email address; and (ii) bank account details for facilitating payment of the relevant fees; (d) Each pet care/welfare oriented businesses/ Individuals acknowledges that it is solely responsible for providing up to date information in Listings; (e) By registering an Account and creating a Listing advertising pet care/welfare services and/or pet care/welfare supplies each pet care/welfare oriented businesses/ Individuals warrants that they: (i) hold all legal title and are authorised to offer and sell the pet care/welfare supplies or supply the pet care/welfare services; (ii) can lawfully sell and provide the pet care/welfare services and/or pet care/welfare supplies they advertise; (iii) have their own public liability insurance and any other insurance that they can reasonably be expected to have in respect of the pet care/welfare services and/or pet care/welfare supplies they advertise. 6. Ratings (a) Users may rate an pet care/welfare oriented businesses/ Individuals  (Rating), which determines the popularity of the individual pet care/welfare oriented businesses/ Individuals . (b) Ratings of an pet care/welfare oriented businesses/ Individuals can be viewed by any User. Ratings will remain viewable until the relevant pet care/welfare oriented businesses/ Individuals ’s Account and Listing is removed or terminated. (c) If a pet care/welfare oriented businesses/ Individuals ’s Rating falls below three stars on an average basis, Pet Stays will contact the pet care/welfare oriented businesses/ Individuals to discuss how to improve their Rating. If the pet care/welfare oriented businesses/ Individuals ’s Rating does not improve after the contact or discussion with Pet Stays, Pet Stays may terminate the User’s Account, cancel and remove the pet care/welfare oriented businesses/ Individuals ’s Listing and stop providing the pet care/welfare oriented businesses/ Individuals with the Services at its absolute discretion.
  6. Delivery of pet care/welfare supplies (a) The pet care/product/welfare oriented businesses/ Individuals is to arrange delivery of any pet care/product/welfare supplies to the Customer. Pet Stays is not involved in the delivery process. (b) A Customer is required to refer to delivery information provided by the pet care/product/welfare oriented businesses/ Individuals in the relevant Listing or contact the Pet care/product/welfare oriented businesses/ Individuals directly to confirm (i) that they are within the delivery area, (ii) the applicable delivery fees, (iii) when the Pet care/product/welfare supplies are likely to be dispatched, (iv) the method of delivery, (v) when risk of loss, damage or deterioration to any pet care/welfare supplies will pass to the Customer and (vi) what to do if pet care/welfare supplies are delayed, damaged or goes missing in the delivery process.
  7. Payments (a) Payments for Customers and pet care/welfare oriented businesses/ Individuals  differ. (b) Users do not have to pay a fee to register for an account to access and use the Site. (c) Whilst Customers are not required to pay a fee for use of the Services, they acknowledge that the use of the Services may result in charges to them for the pet care/welfare services and/or pet care/welfare supplies they receive, including any applicable insurance, delivery fees and taxes (pet care/welfare service booking fees). Where a Customer requests pet care/welfare services or pet care/welfare supplies via a Booking, the Customer agrees to pay the applicable pet care/welfare service booking fees via the Site invoicing portal. (d) Each pet care/welfare oriented businesses/ Individuals register and add business listing for free and agrees to pay an agreed 15% commission on entire booking invoice amount generated for service offered via Pet Stays. (e) Each User (customers) agrees to pay the relevant fees upfront set by the vendor to offer service in the currency specified on the Site, (f) Goods and Services Tax (GST) will be charged where applicable. (g) The user must pay for the relevant Fees via credit card or any other payment method as set out on the Site. The payment will be processed upon receipt of the request for a booking, as applicable. The User (Customers) must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. Same applies to vendors or businesses If a User’s payment is not able to be successfully processed then the requested for booking will be considered invalid. (h) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel their purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms. (i) If the User makes a payment by debit or credit card, the User warrants that the information provided to Pet Stays is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price. (j) Each User acknowledges that Pet Stays facilitates the provision of Pet care/welfare services and/or Pet care/welfare supplies and does not directly offer or provide Pet care/welfare services or Pet care/welfare supplies to the Customer. Each User also acknowledges that Pet Stays receives commission from a Pet care/welfare oriented businesses/ Individuals when a Booking for Pet care/welfare services or Pet care/welfare supplies is made via the Site. The amount of such commission is as set out on the Site or otherwise notified to each Pet care/welfare oriented businesses/ Individuals. Since Pet Stays is only a facilitator in introducing Customers to Pet care/welfare service supplying business and all terms and conditions in  subject to the cancellation and refund policy are in accordance to the service providing business that customer books for any given service. The Customer must resolve any issues regarding refunds of Pet care/welfare service booking fees with the relevant Pet care/welfare oriented businesses/ Individuals themselves. (k) Pet Stay’s pricing structure or payment methods may be amended from time to time at its sole discretion. 9. Offers and Promotions are provided by vendors and are completely responsible of delivering it.
  8. Pet Stays may, from time to time, make offers or promotions which may be applicable to the Services. (b) The conditions of such offers or promotions will be specified on the deal page  Site and more information can be discussed with the corresponding business. (c) The User acknowledges and agrees that Pet Stays may, at its sole discretion, remove or extend any offers or promotions, and Pet Stays will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
  9. Dispute Resolution (a) By using our Site and Services, each User agrees that any legal remedy or liability that they may seek to obtain for actions or omissions of a Customer, Pet care/welfare oriented businesses/ Individuals, or other third party, will be limited to a claim against the Customer, Pet care/welfare oriented businesses/ Individuals  or other third party, who caused harm to him or her. Pet Stays encourages Users to communicate directly with the relevant Customer, Pet care/welfare oriented businesses/ Individuals or third party to resolve any disputes. (b) Pet Stays welcomes feedback from Users. Pet Stays seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff. (c) If there are any complaints from a User, Pet Stays will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Pet Stay’s response, the User and Pet Stays agree to the following dispute resolution procedure: (i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Pet Stays agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). (ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or Pet Stays may refer the matter to a mediator. If the User and Pet Stays cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute. (d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
  10. Cancellation of Registration (a) If a Pet care/welfare oriented businesses/ Individuals  wishes to cancel its Listing, they will need to do so by writing an email to contact@petstays.net.au. Users may also submit the request via the contact form on the Site. Pet Stays will endeavour to respond to such request within a reasonable period. (b) No refunds will be made upon cancellation of a Listing except as specified in the Refund Policy set out below.
  11. Refund Policy (a) Each Pet care/welfare oriented businesses/ Individuals  agrees to comply with Australian Consumer Laws regarding refunds and exchanges. Cancellation and Refund Policy are in accordance to the listed business booked for and Pet Stays holds no liability (b) If an Pet care/welfare oriented businesses/ Individuals changes their mind within 7 days of posting a Listing (Cooling-off Period) Pet Stays will issue a refund of the Listing Fee. To receive this refund, the Pet care/welfare oriented businesses/ Individuals  must notify Pet Stays using the details at the bottom of these Terms that it would like to cancel a Listing during the Cooling-off Period. Cancellation and Refund in respect of Pet care/welfare supplies and/or Pet care/welfare services (c) Any cancellation, exchange or refund of any Pet care/welfare services and/or Pet care/welfare supplies, including but not limited to Bookings made via the Site, is strictly a matter between the Customer and the Pet care/welfare oriented businesses/ Individuals . The terms and conditions agreed to between the Customer and Pet care/welfare oriented businesses/ Individuals  should be set out clearly in the Listing in respect of the Pet care/welfare services and Pet care/welfare supplies. (d) Each Pet care/welfare oriented businesses/ Individuals acknowledges that if an Pet care/welfare oriented businesses/ Individuals is required provide a refund to a Customer in respect of any Pet care/welfare services booked through the Site Pet Stays may at its discretion refund up to 50% of the commission paid by the Pet care/welfare oriented businesses/ Individuals to Pet Stays for that Booking. (e) A Customer’s right to cancel a Booking and receive a refund pursuant to these Terms supersedes any conflicting cancellation or refund policy set out in the Listing in respect of that Booking.
  12. Consumer Guarantees (a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees. (b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Pet Stays: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; Pet Stays will not be liable for any refunds to users.
  13. Intellectual Property (a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trademarks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Pet Stays (or its affiliates and/or third party licensors as applicable). (b) The User agrees that, as between the User and Pet Stays, Pet Stays owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Pet Stays or the owner of the content. (c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks). PET STAYS MARKETPLACE TERMS AND CONDITIONS Confidential Page 7 of 12 (d) Pet Stay’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Pet Stays or the applicable trademark holder or Intellectual Property owner. (e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Pet Stays or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights. 15. User Licence (a) Subject to these Terms, Pet Stays grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or noncommercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Pet Stay’s prior written consent. (b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms. (c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply. 16. Permitted and Prohibited Conduct (a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not: (i) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms; (ii) register for more than one Account or register for an Account on behalf of another individual and/or entity; (iii) use the Services to find an Pet care/welfare oriented businesses/ Individuals  and then complete, or assist another individual to complete a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Pet Stay’s provision of the Services; (iv) upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Listing; (v) submit any false or misleading information; (vi) as an Pet care/welfare oriented businesses/ Individuals, advertise an Pet care/welfare service offer that it does not intend to honour or cannot provide; (vii) as a Customer, make any offers or Bookings to the Pet care/welfare oriented businesses/ Individuals that it does not intend to honour; (viii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations; (ix) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms; (x) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (xi) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (xii) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements(xiii) stalk or harass any other User of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site; (xiv) use, display, mirror or frame the Site, or any individual element within the Site, Services, Pet Stays’s name, any Pet Stays trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Pet Stay’s express written consent; or (xv) advocate, encourage, or assist any third party in doing any of the foregoing.
  14. Content (a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Pet Stays and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property. (b) The User must not post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) denigrates Pet Stays, the Site, Services, a Customer or an Pet care/welfare oriented businesses/ Individuals ; (iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
  15. User Content (a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Pet Stays a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services. (b) The User agrees that they are solely responsible for all User Content and Intellectual Property made available through the Site and Services. The User represents and warrants that they: (i) are either the sole and exclusive owner of all User Content and Intellectual Property they make available through the Site and Services, or that they have all rights, licences, consents and releases that are necessary to grant to Pet Stays the rights in such User Content or Intellectual Property, as contemplated under these Terms; and (ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Pet Stay’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. (c) Pet Stays may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  16. Disclaimers (a) Pet Stays does not guarantee that any Pet care/welfare services or Pet care/welfare supplies will be requested by any Customer, nor does Pet Stays guarantee that Customers will be able to find desirable Pet care/welfare oriented businesses/ Individuals , Pet care/welfare services or Pet care/welfare supplies. (b) Pet Stays does not endorse any Customer, Pet care/welfare oriented businesses/ Individuals  Listing, Pet care/welfare services or Pet care/welfare supplies, External Business, External Business Site or External Business Offers. Pet Stays requires Customers and Pet care/welfare oriented businesses/ Individuals to confirm that they have provided accurate information. Pet Stays does not perform any sort of background checks of Customers and Pet care/welfare oriented businesses/ Individuals , and does not confirm, any Customer’s or Pet care/welfare oriented businesses/ Individuals ’s identity, Listing, Pet care/welfare services or Pet care/welfare supplies. (c) Pet Stays cannot and does not control the content contained in any Listings or on any External Business Site, or the condition, legality or suitability of any Pet care/welfare oriented businesses/ Individuals , Pet care/welfare services or offers made by any third parties. Customers are responsible for determining the identity and suitability of Pet care/welfare oriented businesses/ Individuals  that they contact via the Services, the Pet care/welfare services and Pet care/welfare supplies. (d) Pet Stays accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or on an External Business Site. Pet Stays disclaims any and all liability related to any and all Customers, Pet care/welfare oriented businesses/ Individuals , Listings, Pet care/welfare services and Pet care/welfare supplies. (e) Pet Stays recommends all Customers check the identification of Pet care/welfare oriented businesses/ Individuals prior to the provision of Pet care/welfare services. Pet Stays also recommends all Pet care/welfare oriented businesses/ Individuals exercise due skill and care in verifying the identity of any Customer prior to the provision of the Pet care/welfare services. (f) Pet Stays does not guarantee that Listings will appear in a particular order desired by a User or Listings will display or rank accurately in accordance with a User’s Search Query. (g) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers or Pet care/welfare oriented businesses/ Individuals  or other third parties, including but not limited to External Businesses, will be limited to a claim against the Customer or Pet care/welfare oriented businesses/ Individuals or other third party who caused it harm. Pet Stays encourages the User to communicate directly with the relevant Customer or Pet care/welfare oriented businesses/ Individuals on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them. (h) To the fullest extent allowable under applicable law, Pet Stays disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, noninfringing or free of defects or errors. (i) For the avoidance of doubt, Pet Stays is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Pet Stays advises that all Users using the Site and Services should seek advice in relation to these matters. (j) Each Customer and Pet care/welfare oriented businesses/ Individuals who uses the Site and the Services does so at their own risk. (k) Pet Stays excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to: (i) Pet Stays expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms; (ii) Pet Stays does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components; (iii) Pet Stays takes no responsibility for, and will not be liable for, the Site, the Services, the Customers, the Pet care/welfare oriented businesses/ Individuals , and Pet care/welfare service offers being unavailable, of a particular standard of workmanship, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality.y
  17. Pet Stays will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Listing, the Pet care/welfare service offer or the Terms, even if Pet Stays was expressly advised of the likelihood of such loss or damage. (l) The User agrees not to attempt to impose liability on, or seek any legal remedy from Pet Stays with respect to such actions or omissions.
  18. Limitation of Liability (a) Pet Stay’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed that of provide directory service to both Customers and vendors. (b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Pet Stays and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User. (c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Pet Stays.
  19. Indemnity (a) Each User agrees to defend and indemnify and hold Pet Stays (and Pet Stay’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party. (b) Pet Stays reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. (c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Pet Stays without restriction.
  20. General :(a) Accuracy: While Pet Stays will endeavour to keep the information up to date and correct, Pet Stays makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose.
  21. As the listings are made by users (Vendors) The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Pet Stays expressly excludes any liability for such to the fullest extent permissible by law. (b) Security: Pet Stays uses a secured business system to protect all User transactions and to ensure maximum security. Pet Stays also encrypts all financial information and regularly backs up data held on its servers. All credit card payments are processed by a secured third party processor with PCI DSS compliance. (c) Service Level: Pet Stays will strive towards maintaining a 99.5% uptime, not including scheduled maintenance. All data and information is regularly backed up on our cloud servers which are located in Australia. (d) Termination: Pet Stays reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion including but not limited to if the User is in breach of these Terms, without incurring any liability to such User.
  22. If Pet Stays decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account, Listings or any User Content; (b) any pending or future Booking for Pet care/welfare services or Pet care/welfare supplies will be immediately terminated; (c) Pet Stays may communicate to the relevant Pet care/welfare oriented businesses/ Individuals  or Customer that the Booking has been cancelled; (d) Pet Stays may refund the Customer in full, regardless of the cancellation and refund policy; (e) Pet Stays may contact the Customer to inform them of potential alternative Pet care/welfare oriented businesses/ Individuals Services or Pet care/welfare oriented businesses/ Individuals Supplies available from different Pet care/welfare oriented businesses/ Individuals on the Site and Services; and (f) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account. (e) Fraudulent Activities: Each User acknowledges and agrees that, in the event Pet Stays reasonably suspects that there are fraudulent activities occurring within the Site and Services, Pet Stays reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations. (f) Force Majeure: Pet Stays will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control. (g) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
  23. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Pet Stays of any of the Terms shall be effective unless Pet Stays expressly states that it is a waiver and Pet Stays communicates it to the User in writing.
  24. Assignment: A User either customer or vendor must not assign any rights and obligations under the Terms whether in whole or in part without Pet Stay’s prior written consent.
  25. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  26. Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site may be accessed throughout Australia and overseas, however transactions on the Site can only occur within Australia. Pet Stays makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
  27. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Pet Stays and each User, and supersede any prior agreement, understanding or arrangement between Pet Stays and each User, whether oral or in writing.