Terms and Conditions of Business for registration with Pet Search
These terms and conditions, the completed registration form and refund policy contain the terms of the agreement between you (the Customer) and Lee Jefferies (trading as Pet Search) (Pet Search).
1. Scope of Services
(a) Pet Search provides the Services as listed in the Schedule below.
(b) Pet Search has agreed to provide the Services to the Customer which have been
nominated by the Customer in the Registration Form and forwarded to Pet Search by the Customer.
2. Fees and Payment for Services
(a) Pet Search charges the fees for the Services as set out in the Schedule below. Pet Search reserves the right to vary these fees from time to time. Should a fee increase occur while a Customer has already registered with Pet Search, Pet Search will advise the Customer of the fee increase by providing them with 30 days written notice.
(b) Payment of fees may be made by credit card (Visa, Master Card) personal cheque, cashiers cheque or money order.
(c) Payment by credit card-In the event of payment by credit card, the Customer authorises Pet Search to charge its nominated credit card with the agreed fees and authorises Pet Search to charge the Card when any subsequent payments are due in the event of an extension of the period for registration with Pet Search. The Customer also agrees that Pet Search is entitled to include a charge for the merchant fees charged by the relevant financial institution to Pet Search and in the event Pet Search decides to pass on this charge, it will advise as to the relevant charge prior to the Customer advising they wish to pay by credit card. The Customer agrees to maintain current credit card information with Pet Search.
(d) Payment by Cheque-In the event of payment by cheque, the Customer agrees to submit a cheque payable in Australian Dollars against a bank located in Australia. Until the cheque has been cleared, Pet Search is not required to commence providing the agreed Services. Should the Customer decide to extend the registration period for the provision of Services, payment for all subsequent fees must be received before the expiration of the final day of the previous registration period. In the event a cheque has been refused, rejected or returned, an administration fee of $25 will be charged to compensate Pet Search for loss caused to it.
3. Obligations of Pet Search
(a) Pet Search will perform the Services in a professional manner.
(b) Pet Search will use all reasonable endeavors to ensure its website
(http://www.petsearch.com.au) (the Website) is operational but given the internet is an uncertain environment it cannot guarantee the website will be operational at all times.
(c) Pet Search will use its best endeavors to assist and advise the Customer regarding the retrieval of their pet but cannot guarantee any such retrieval will be successful.
(d) Pet Search will use all reasonable endeavors to ensure its call centre is operational but cannot guarantee it will be operating at all times.
(e) Pet Search accepts no responsibility for actions taken or not taken by third parties, including but not limited to delays in the delivery of or a failure to receive posters sent to a Customer or distribution point in the mail; errors made by third parties in relation to advertisements placed with them concerning lost pets or delays in or the failure to provide information concerning lost pets to Pet Search by organizations such as the RSPCA, veterinarians or the local pound.
(a) Copyright- The material on the Website, including all information such as text, graphics, images, photographs and sound is protected by copyright. The Customer must not alter, reproduce, store in a retrieval system or transmit the material on the Website in whole or part, unless authorised by Pet Search in writing or permitted by the Copyright Act 1968 (Cth).
(b) Trade Marks-Any trade marks on the Website are the property of their respective owners and are protected by relevant laws in Australia and other countries. The Customer must not use any of these trade marks (including the reproduction, modification, distribution, display or communication of these trade marks) without the prior written consent of Pet Search or the owner of the relevant trade mark.
(c) Links from the Website- The external linked websites within the Website are not within the control of Pet Search. Pet Search does not take responsibility for the content in, or currency of, any externally linked sites. The inclusion of any link within the Website does not imply endorsement by Pet Search of the linked website, nor does it suggest any relationship with the organisation linked.
(d) Communication Facilities-The Website may contain forums and other communication facilities which provide for feedback by users to Pet Search, real time interaction between all users and other electronic messaging and notice services. As a user of these facilities the Customer may not:
(i) restrict or inhibit any other user from using or enjoying the forum;
(ii) post or transmit any unlawful, threatening, abusive, defamatory, obsene,
vulgar, pornographic, profane or indecent information or material of any
(iii) post or transmit any material of any kind which violates or infringes upon
the rights of any person, including material which is in breach of privacy laws or which is protected by copyright, trademark or any other proprietary right;
(iv) deface, delete or modify any information, documents, logos, text, material, images, graphics, software, movies, videos or advertisements on the Website;
(v) post or transmit any material of any kind, which contains a virus or other harmful component(s); or
(vi) post or transmit any kind of material for commercial or personal purposes unless with the written consent of Pet Search.
(e) Limitation of liability- Pet Search makes no warranties or representations about the Website or any of its content. Pet Search is not responsible to the Customer or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus or otherwise suffered in connection with the use of the Website whether based on breach of contract or warranty, tort (including negligence) or otherwise. Pet Search excludes, to the extent permitted by law, any liability which may arise as a result of the use of the Website. By using the Website, the Customer agrees to indemnify Pet Search for any loss or liability arising out of their use. Use of the Website is at the Customer’s own risk and the Customer assumes full responsibility and risk of loss resulting from its downloading, use of, or access to data, files, information, or other material on or through the Website.
5. Licences and Intellectual Property
(a) The Customer is granted a non-exclusive, non-sub licensable licence to use the Pet Search Website Listing Service during the term of these terms and conditions.
(b) The Customer acknowledges that any proprietary information owned by Pet Search including, but not limited to, the Pet Search guides, tools and posters remain the property of Pet Search and the Customer obtains no right or title over such property. The Customer acknowledges and agrees that it is not entitled to provide access to any of the Services to a third party.
(c) Use of photographs, name, voice, video, email, likeness & story - I understand that if Pet Search assists in finding my missing pet, a photograph, likeness, voice, e-mail address and/or name of pet and myself along with my pet"s story may be posted on-line, in news media or in other informational or marketing material. I understand that video may be used to document my case. E-mails may be re- worded at the discretion of Pet Search.
(a) The Customer agrees to take all proper steps to keep confidential all confidential information received from Pet Search under these terms and conditions, including but not limited to, information concerning Pet Search’s business, customers, software technology and marketing.
(b) The Customer agrees not to disclose any confidential information received from Pet Search without Pet Search’s consent, unless disclosure is required by law.
(c) Confidentiality Surcharge - Occasionally a client does not want use of photographs, name, voice, video, e-mail, likeness and story posted on the website or news media. If your case is highly sensitive and you want to hire us confidentially, there is a $1,000.00 Confidentiality Surcharge.
7. Liability, Warranties and Indemnities
(a) Subject to clause 7(c), Pet Search makes no express warranties beyond those stated in these terms and conditions. All conditions and warranties implied by statute or common law, are to the extent permitted by law, expressly excluded.
(b) To the extent permitted by law, Pet Search excludes all liability to the Customer for any loss or damage suffered by the Customer or any other person howsoever arising (whether in negligence or otherwise). In particular, Pet Search will not be responsible for any indirect or consequential loss or damage of any kind in contract, tort, under any statute or otherwise.
(c) Where the law implies any term into these terms and conditions and it is prohibited to exclude or modify such terms, Pet Search’s liability for breach of such terms is limited to one of the following options (at Pet Search’s option):
(i) the re-supply of the agreed services or goods (or equivalent goods); or
(ii) the payment of the cost of re-supplying the services or goods (or
(d) Except where clause 7(c) applies, the total liability of Pet Search to the Customer
or any other person for loss or damage will not exceed in aggregate the total
amount of the fees payable under these terms and conditions.
(e) You will indemnify and hold harmless Pet Search and its personnel from and
against any claims, costs and demands (including in respect of negligence and arising out of injury to persons or property) by any third parties, arising out of these terms and conditions.
(f) Neither party will be liable for any delay or failure to perform its obligations under these terms and conditions to the extent such delay or failure is caused by a malfunction of any part of the internet or either party’s internet infrastructure.
(g) I understand that Pet Search provides services, advice and expertise. I am solely responsible for following the advice of Pet Search. If I decide to ignore or discount any advice, I acknowledge that I might be risking the safe return of my pet. Pet Search cannot accept responsibility for my lack of action. I understand that it requires commitment and work on my part to get my pet back safely. I may be required to be present for some of the search techniques. This may require that I change my schedule or take off from work.
The initial term of these terms and conditions will be 1 month (for DIY registrations) or 3, 6 or 12 months for bronze, silver or gold registrations respectively. The Customer may request an extension of the term for further periods of 1 month or more (as is relevant). Pet Search reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payments.
9. Suspension and termination
(a) Suspension- In the event the Customer is in breach of these terms and
(b) Termination-Pet Search may terminate these terms and conditions immediately in the event of a failure to rectify a breach as provided for in clause 9(a). Either party may terminate these terms and conditions by providing 30 days written notice to the other party prior to the commencement of a renewal period.
(c) In the event of these terms and conditions being terminated, any Service fees paid in advance of the provision of Services will be refunded to the Customer. Termination of these terms and conditions will not prejudice any rights or obligations which have accrued at the date of termination.
Pet Search may amend these terms and conditions from time to time and will do so by posting the amended version of the terms and conditions on the Website. With the exception of notification of any fee changes to existing customers, each and every amendment will be effective immediately.
11. Entire Agreement
These terms and conditions constitute the entire agreement between the parties regarding the subject matter contained in these terms and conditions and supersedes and replaces all agreements, arrangements and undertakings relating to this subject matter, whether reduced to writing or not that may have preceded these terms and conditions
Clauses 2(d), 4, 5, 6, 7 and 9 survive termination or expiration of these terms and conditions.
All written notices will be deemed to be given:
(i) when sent by facsimile six (6) hours after dispatch when sent during business
hours, and six(6) hours after the commencement of business after dispatch
when sent at any other time;
(ii) when delivered personally one (1) hour after delivery is effected; (iii) when sent by post, five (5) business days after the date of posting;
(iv) when sent by email, upon the sender receiving back from the recipient’s email address a confirmation read receipt (including any receipts generated by automated means).
The Customer may not assign any of its rights under these terms and conditions without the prior written consent of Pet Search.
15 Governing law
These terms and conditions are governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of that State.
SCHEDULE SERVICES AND FEES
Please see current 2014 service benefits