You must read these terms and conditions of use (the Agreement) before accessing
or using the services provided by Pet Wares Plus (the Site). By accessing or using
the Site, you agree to be bound by the terms and conditions set out below. Pet
Wares Plus will from time to time amend or update the terms and conditions of
the Site, we therefore recommend that you review the terms and conditions regularly.
Your continued use of the Site following any revised changes to the terms and
conditions posted constitutes acceptance of those changes and you remain bound
by them.
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.
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