1. Definitions and Interpretations

1.1. In this Agreement:

“Database Directory” means all data and information collected by Pet Wares Plus and made accessible to Users of the Site.

“Profile” means self-generated information supplied solely by the User;

“The Site” means Pet Wares Plus

“User ID” means the user name you create on the Site to access your account;

“You” or “User” means any individual or entity accessing the Site;

”Your Information” means any information you provide in your profile, to other users in the negotiation or listing process, in any public message area on the Site, through any email feature or traditional email.

2. User ID and Password Security

2.1 All Users agree to be the sole, authorized user of their account.

2.2. You agree to be entirely responsible for any manner of conduct including unauthorised usage under your User ID.

2.3. Your User ID and account cannot be transferred or sold to any another individual or User.

2.4. You agree to notify immediately of any unauthorised use of your User ID or account or any other breach of security of the Site.

2.5. Pet Wares Plus has no control over the use of any User's account and expressly disclaims any liability derived therefrom.

3. Services

3.1. Initial registration is free.

3.2. Pet Wares Plus may from time to time change or vary a service or services. In the event we introduce a new service, the fees for that service will be determined and be effective on the posting of the service.

4. What the Site Provides

4.1 The Site provides information and services which may be used to find, select and connect with pet sellers.

4.2 Pet Wares Plus expressly disclaims any liability that may arise between Users of the Site.

4.3 It is expressly understood it is the sole responsibility of the Users of the Site to do their own due diligence.

4.4 You and Pet Wares Plus are not legally affiliated in any way by virtue of your membership or usage of the Site or intellectual property other than the terms and conditions stated in this User Agreement and no independent contractors, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

5 Site Usage and Conduct

5.1 Any actions by you that may interfere with another User’s enjoyment or use of the Site which include but are not limited to:
(a) attempting to breach authentication or login to an account you are not authorised to access;
(b) disrupting service(s) to the Site via the network or system;
(c) accessing data not intended for your use;
(d) attempting to interfere with a service to any User, network or host by infecting the Site with any virus or other conduct including spamming, overloading, crashing or other such conduct which causes or may cause actual nuisance to other Users of the Site;
(e) sending unsolicited emails including third party promotional or advertising material;
(f) forging information sent to the Site including any TCP/IP packet header or any part of header information in any email or testimonial posted.

5.2 Users are prohibited from using the Site to post, transmit, distribute, store or destroy material, including but not limited to:
(a) in violation of any applicable law or regulation;
(b) that will infringe the intellectual property rights of others;
(c) that violates the privacy, personal or public rights of others;
(d) which is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or legal entity;
(e) which misleads or deceives or may mislead or deceive other Users of the Site or any other person or legal entity so to or as to the true identity of the User posting, transmitting, distributing, storing or destroying relevant material.

5.3 Much of the information on the Site is updated on a real time basis and is the property or is licensed to Pet Wares Plus by our Users or third parties.

5.4 You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of Pet Wares Plus or the appropriate third party authorized to grant such permission.

5.5 Should Pet Wares Plus find that you violate the terms and conditions of this Paragraph or any terms and conditions contained in this Agreement, Pet Wares Plus reserves the right to terminate your use of this Site immediately.

6 Your Information

6.1 You are sole responsible for your information and accordingly must conduct yourself in a manner of a reasonable person.

6.2 Your information or any information that you post, save, transmit or distribute to the Site must not be of the following nature:
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors;
(g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.

6.3 Pet Wares Plus reserves the right to refuse to post, or to edit or to remove any information or material it deems to be unfit, inappropriate or unauthorized.

6.4 In providing your information to the Site you agree to that Pet Wares Plus usage of the information is not in violation of any rights you may have in that information, moral or otherwise.

7. No Liability

7.1 Pet Wares Plus is not involved in the actual contact between Users, therefore in the event that you have a dispute with one or more Users, you agree that Pet Wares Plus is not liable from for any advice or services delivered which originated through the Site or otherwise were provided by a User.

7.2 Nor is Pet Wares Plus liable for any claims, demands or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes arising between Users of the Site.

7.3 In no event shall Pet Wares Plus or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or this Agreement (however arising, including negligence).

8. Breach of User Agreement

8.1 Without limiting other remedies available to Pet Wares Plus at law, in equity or under this Agreement, we may, in our sole discretion, immediately temporarily suspend or terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement, the Privacy Policy or the terms and conditions those documents incorporate; or
(b) Pet Wares Plus are unable to verify or authenticate any information you provide to us; or we believe that your actions may cause legal liability for you, the Users or Pet Wares Plus

9. Privacy Policy

9.1 Pet Wares Plus has a Privacy Policy which applies to all members which is found on the Site which we recommend that you read carefully.

9.2 Any information contained in the Privacy Policy that you do not understand or that you are concerned about please contact us.

10. Modifications to the Site

10.1 Pet Wares Plus reserves the right to review, improve, modify or discontinue, temporarily or permanently, as it sees fit, the Site or any content or information on the Site.

10.2 Users have the same rights with regard to their Profile on the Site. Users agree that Pet Wares Plus shall not be liable to Users or any third party for any modification or discontinuance of the Site.

11. No Warranty

11.1 Pet Wares Plus and its suppliers provide the Site and its services on an “as is” basis and without any warranty or condition, express, implied or statutory.

11.2 To the extent permitted by the law, Pet Wares Plus and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

11.3 Furthermore Pet Wares Plus does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of its control. Pet Wares Plus does not warrant that the Site is free from viruses, worms, Trojan horses, or other harmful components.

12. Intellectual Property Rights

12.1 Pet Wares Plus owns all intellectual property rights of the Site as well as the coordination, selection, arrangement and enhancement of the Database Directory as a Collective Work under the Australian Copyright Act, as amended.

12.2 Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without Pet Wares Plus prior express written permission.

12.3 Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users termination from the use of this Site or civil or criminal penalties.

13. Applicable Law

13.1 This Agreement shall be governed in all respects by the laws of the State of Victoria, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

13.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.

14. General

14.1 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

14.2 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

14.3 You agree that this Agreement may not be construed adversely against us solely because we prepared it.

14.4 This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof.

15. Disputes

15.1 Disputes between you and Pet Wares Plus regarding our services may be reported to Customer Support.

15.2 We encourage you to try and resolve disputes with other users directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police as appropriate.

16. Disclaimer

16.1 Pet Wares Plus does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Site.

16.2 Users of the Database Directory should have an understanding and expressly agree that Pet Wares Plus does not have control over the quality of the services delivered by the Users.

16.3 All Users agree not to hold Pet Wares Plus liable for any instructions, advice or services delivered which originated through Pet Wares Plus.