Table of Contents
These Terms and Conditions of Use and agreement to Terms and Conditions of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’) and Indieguide Pty Ltd (ABN: 59 629 267 689), doing business as Dogs of Australia Co (‘we’, ‘us’, or ‘our’), concerning your access to and use of the https://dogsofaustralia.com.au website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the ‘Site’).
By using this site, you agree to these Terms and Conditions of Use. If you do not agree, do not use this Site.
Dogs of Australia Co reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time. It is your responsibility to check these terms and conditions of use periodically for changes. Your continued use of this site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, Dogs of Australia Co grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
2. About this Website
Information and materials on this website, including text, pages, documents, graphics, images, and logos including but not limited to the design, structure, expression, “look and feel”, and arrangement of such is owned, controlled or licensed by or to Dogs of Australia Co and is protected by copyright and other laws, unless specifically stated to the contrary.
Except as expressly provided in these terms and conditions of use, no part of the site or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Dogs of Australia Co’s express prior written consent.
2.2 Purchase Services
Our Website provides you with an opportunity to sell, browse and purchase various products and services that have been listed for sale through the Website (the ‘Products’) by either Dogs of Australia Co or our Vendors who are independent Australian business owners. The Website provides this service by way of granting access to the ‘Purchase Services’).
3. External Purchases
Dogs of Australia Co has varying arrangements with partnering vendors and not all listed products can be purchased directly from Dogs of Australia Co. Our Site may contain links and other pointers to external websites operated by our partnering vendors. Any such website is not under our control and we do not take any responsibility for the content of any such site.
We cannot guarantee, represent or warrant that the content contained in any third party website is accurate, legal or inoffensive. Any link to an external website is provided merely as a convenience to you.
You take sole responsibility for the use of any external website, including checking their respective policies and if the prices are accurate. Dogs of Australia Co can not be held responsible for any claims related to items sold through third party websites, including defective items, misrepresentations by sellers, or items that caused physical injury like product liability claims.
4. Purchase of Products, Returns Policy and Warranty
In using the Purchase Services to purchase a Product through our Website, you will agree to the payment of the purchase price listed on the Product Listing.
Payment of the Purchase Price may be made through Stripe or PayPal (the ‘Payment Gateway Provider’)
Following payment of the Purchase Price being confirmed by us, you will be issued with an Order Confirmation E-Mail to confirm that the payment has been received and we may record your purchase details for future use.
5. Vendor Content, Copyright and Intellectual Property
The Content that Vendors allow Dogs of Australia Co to use on the product listings is the Vendors content, Dogs of Australia Co does not make any claim to it. This includes brand names, listing photos, listing descriptions, etc. Vendors are solely responsible for their content and are responsible to have all necessary rights to use it so that Vendors are not infringing or violating any third party’s rights by posting it on Dogs of Australia Co’s Website.
By posting Content through the Services, Vendors grant Dogs of Australia Co a license to use it. We won’t claim any ownership on your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights and we can help promote your products.
The Vendor acknowledges that Dogs of Australia Co retains the absolute and unconditional right to determine the way in which the Website is presented (including the nature and arrangement of content, the categorisation of products, the use of attributes, the order in which products are presented, features, functionality, and the ‘look and feel’).
7. General Disclaimer
7.1 You acknowledge that Dogs of Australia Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
7.2 Dogs of Australia Co will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
7.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.4 Use of the Website, the Purchase Services, and any of the products of our Website is at your own risk. Everything on the Website and the Purchase Services are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind unless otherwise stated.
None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Dogs of Australia Co (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8. Limitation of Liability
8.1 Dogs of Australia Co’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Dogs of Australia Co is the resupply of information or Purchase Services to you.
8.2 You expressly understand and agree that Dogs of Australia Co, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.3 Dogs of Australia Co is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Dogs of Australia Co, by third parties or by any of the Purchase Services offered by Dogs of Australia Co.
9.4 You acknowledge that Dogs of Australia Co does not provide the Delivery Services to you and you agree that Dogs of Australia Co will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
9. Termination of Liability
9.1 The Terms will continue to apply until terminated by either you or by Dogs of Australia Co as set out below.
9.2 If you want to terminate the Terms, you may do so anytime and you can request the termination to be immediate. Your notice should be sent, in writing, to Dogs of Australia Co via the ‘Contact Us’ page.
Upon termination, Dogs of Australia Co will close your accounts for all of the Purchase Services which you use, where Dogs of Australia Co has made this option available to you.
9.3 Dogs of Australia Co may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Dogs of Australia Co is required to do so by law;
(c) the partner with whom Dogs of Australia offered the Purchase Services to you has terminated its relationship with Dogs of Australia Co or ceased to offer the Purchase Services to you;
(d) Dogs of Australia Co is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Dogs of Australia Co is, in the opinion of Dogs of Australia Co, no longer commercially viable.
9.4 Subject to local applicable laws, Dogs of Australia Co reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dogs of Australia’s name or reputation or violates the rights of those of another party.
9.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dogs of Australia Co have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Dogs of Australia Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
11. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Perth, Australia unless otherwise agreed on.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
11.5 Termination of Mediation
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
12. Venue and Jurisdiction
The Purchase Services offered by Dogs of Australia Co is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
13. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construedby, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the partieshereto and their successors and assigns.
14. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequalityor bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Version Date: 25 May 2020