Petsguide website terms and conditions

Please read these terms and conditions carefully before using Petsguide.  By using Petsguide, you agree to be bound by these terms and conditions.

Petsguide

PO Box 260
Mt Waverley VIC 3149
Australia

 

 1.0 Disclaimer
 

The user acknowledges that:-
 
1.1
Petsguide is a website that caters to the public and businesses in the classified listing of pets for sale and pet related businesses; caters to Australian pet breeders and clubs by enabling a registered user to submit their breeding business or pet club to the online directory. Petsguide also provides an 'opt out' e-newsletter.
 
1.2.
Petsguide is an on line forum for bringing buyers and sellers together with the common theme of ‘pets’. Petsguide is solely an information provider. Information provided on this website should not be used as a substitute for professional pet advice or care. Professional advice should be sought with respect to any transaction resulting from the provision of any content on this website.
 
1.3.
Petsguide excludes all actions arising from any information posted or not posted by advertisers or editorial contributors. Information includes:-
 
a. advert, advertorial and editorial content (text and photos). Petsguide makes no guarantees or representations regarding the accuracy, reliability, or suitability of any content, whether on this site or linked to it. Petsguide does not endorse opinions expressed on this website; users are encouraged to determine the suitability of the information to their situation in any decision making process.

b. credit for Works. IT IS THE USER'S RESPONSIBILITY TO ENSURE THAT PHOTOGRAPHS OR ILLUSTRATIONS UPLOADED ARE CORRECTLY CREDITED TO THE CONTRACTED PERSON. Petsguide is not repsonsible for crediting adverts where the user has neglected or opted not to provide such credit.

c. any computer virus downloaded as a result of visiting the site and its content or information.

d. you access and browse Petsguide, and all information available on it, at your own risk.

2.0 INDEMNITY

2.1
The user will at all times indemnify Petsguide and its employees and agents from and against any loss (including legal costs and expenses) or liability arising from any claim, action or proceeding by any person where such loss or liability arose out of, or in connection with, or in respect of use of the website, content or information, breach of copyright, trademark infringements or any free or paid-for member services and affiliated services. Advertisers of pets for sale, dealer businesses, or a breeder/club, intending to upload photo(s) warrant that permission to use photos has been granted from the copyright owner, subject, and/or parent/guardian of the subject and indemnify Petsguide and its agents from any suit, demand, action or claim arising from use of the photograph on Petsguide.

2.2 The user will at all times indemnify Petsguide and its employees and agents from any proceedings arising from disputes in which photographers' or Illustrators' or others'  works have not received credit. IT IS THE USER'S RESPONSIBILITY TO ENSURE THAT PHOTOGRAPHS OR ILLUSTRATIONS UPLOADED ARE CORRECTLY CREDITED TO THE CONTRACTED PERSON.

2.3 While all efforts have been made to ensure the accuracy and reliability of content on the website, Petsguide takes no responsibility for errors or omissions

3.0 LIABILITY

3.1
Petsguide does not accept responsibility for any loss, damage or costs however caused (including through negligence), directly or indirectly suffered by you in connection with your use of this web site or any linked or hosted web site, as a result of your operation, use or misuse of this Site, or of your use or reliance on information contained on or accessed through this web site.
 
3.2
Petsguide is not committed to the need for any  approval, whether government or private industry, regarding the purchase of pets on this website; or transactions conducted as part of the breeders or dealers section; or any other information displayed on the site.

3.3
Petsguide plays no part in, and accepts no liability for the delivery of goods (eg. pets or pet products) or services purchased through this website, and through links and affiliates.

3.4

Petsguide accepts no liability for any losses or future losses caused as a result of works that have not been credited to applicable author(s).

4.0 Copyright
 
Unless otherwise stated, Petsguide retains copyright ownership of all material displayed on the website.
A user is not permitted to sell, reproduce, publish, modify, distribute, copy, transmit, display, publicly perform, license, or otherwide use any products or services obtained from Petsguide without prior written consent

Any content or part of the website cannot be used to promote third parties without prior approval from Petsguide.

5.0 Valid Account Usage

5.1 Standard Account Holder

5.1.1.
To place a valid advert a user must:-
 
a. Be registered with Petsguide
b. Correctly and accurately complete the a advertising form
c. Provide a valid payment (where applicable)
 
5.1.2.
In completing the advertising form and uploading a photo:-
 
a. Must obtain permission for use from all copyright owners of any material used in an advertisement.
b. Must ensure that all subjects in the photo have consented to the use of its publishing.
c. Must ensure that any minor appearing in any photo used to illustrate the pet for sale is not subject to any proceedings that would in any way jeopardize the outcome of pending proceedings/decisions if the photo and contact details were to be displayed.
d. The pet must be made available on a for sale basis

5.1.3.
The advertiser must not:-
 
a. Provide false, misleading or deceptive information.
b. Infringe the Intellectual Property rights of 3rd parties.
c. Post any information obscene, offensive or defamatory in nature
d. Submit information unsuitable for users under the age of 18

 5.1.4  
Petsguide's use of the advert:-
Petsguide retains the right to refuse any advert or photo uploaded to the website.
Petsguide also retains the right to modify or delete an advert.
 
5.2  Breeder/Club Account holder
 
5.2.1
A user who setups a Breeder/club account must be a valid member of the club to which they intend to represent. Establishment of a Breeder/club account is based on a first-in first-served basis, Petsguide cannot transfer ownership of account once it has been established.
 
5.2.2
There is no requirement for Petsguide to prove the validity of  a breeder/club account holder and the existence of a relationship with the club they represent.
 
5.2.3
Only one account can be established per breeder/club.
 
5.2.4
Petsguide excludes itself from all issues arising from disputes over club account ownership. In the event of dispute between 2 or more parties over a club account, Petsguide reserves the right to cancel the account.
 
5.2.5
Petsguide is not responsible for incorrect events or results submitted by a club account holder. A Breeder/Club account holder must ensure the accuracy of events and results
 
5.2.6
A Breeder/Club account holder must ensure they have obtained permission from all subjects to upload event photos. Petsguide is not liable for any action arising from photos being uploaded without prior permission of the subject or the subject’s parent/guardian.

5.2.7
Petsguide retains the right to modify or delete a, breeder/club directory listing if it does not conform to the purpose of the website or is not suitable for public display.

6.0 EXTERNAL LINKS AND ADVERTISERS

6.1
Petsguide is not responsible for, nor does Petsguide endorse the content, reliability or credibility of any external pages or sites linked to this site (including banner adverts).
 
6.2
Petsguide's maintenance of links does not constitute endorsement or recommendation.
 
6.3
The user’s corredpondence with websites linked to Petsguide is solely a 2-way communications process and does not involve Petsguide. Petsguide is not responsible for any loss or damage incurred as a result of communication with a linked site or advertiser.

6.4 Petsguide reserves the right to refuse link requests or remove links without notice.



7.0 Petsguide Pricing and Payment Policy

No refund will be issued if a user decides to cancel an advert that has been submitted and paid for.

Petsguide will not refund any payment in which the user has breached the terms and conditions to which they accepted.

All prices quoted by Petsguide include GST.

It is the seller’s responsibility to determine whether they charge GST on any price listed on Petsguide.

It is the buyer’s responsibility to determine whether they pay GST when purchasing any product, service or pet from this website.

8.0 Website Uptime

Petsguide cannot guarantee 100% uptime of the website. Factors beyond the control of Petsguide can lead to the website remaining offline for a short period. Factors can include:- internet disruptions, server maintenance, and web site upgrades.

In the event that the website is off line, Petsguide is not liable to credit advertisers for the time their advert was down.

9.0 Definitions:

9.1
Under the terms and conditions of this website, reference to the terms:-
 
'user', 'you' or 'account holder',
 
refer to a person who uses Petsguide for the purpose of:-
 
a. browsing the website
b. placing an advert
c. establishing and maintaining a breeders/club account

9.1.2 - 'Agents'
 
a. People you have authorized to use the website on your behalf.
 
9.1.3 - 'The Site', 'Site'
 
a. The petsguide.com.au website

10.0   Jurisdiction
 
Use of Petsguide is governed by and subject to Australian law.
It is a condition of your use of this site that you submit to this jurisdiction.
Offers made on horseguide are available to Australian residents only.

11.0 These conditions constitute the Terms and conditions of Petsguide
 
All contents of this document encompass a complete agreement between the user and Petsguide.