To become a member of petclub.com ABN: 64 652 496 142 you must read the terms and conditions set out below. Petclub.com’s services and its website are offered to you conditionally upon your acceptance without modification of the following terms and conditions, and you warrant to Lauren Evans trading as petclub.com (petclub.com) that you will comply with these terms and conditions.
By registering as a member of petclub.com you agree to the terms and conditions as set out below and as amended from time to time:
1) For the purposes of this website:
a) “pet sitter” means a member who, for a fee (or without fee), looks after a pet owner’s pet or pets on terms and conditions as agreed between the pet owner and the pet sitter.
b) “pet owner” means a member who owns or is responsible for a pet.
c) “member” means a person who upon payment of the application fee contained on this website or registering on this website agrees to the terms and conditions herein.
2) Petclub.com is an introductory agency only and:
a) does not directly or indirectly employ the pet sitter;
b) has the right, in its absolute discretion, to refuse to provide services to a pet owner or a pet sitter;
c) is not involved in the negotiations between members or for supervising the transactions that take place between its members;
d) has no control of the contents posted by members and cannot ensure or guarantee the accuracy or legality of any such content; and
e) is not involved in the transaction between members and is not a party to any transactions that take place between its members.
3) The pet sitter and pet owner will act reasonably to enter into an agreement whereby the pet sitter will agree to house and care for the pet owner’s animal/s at a price (or at no charge) and for a term on terms as agreed. Petclub.com has no responsibility for the terms of the agreement entered nor for the collection of any monies due or payable. The pet owner and the pet sitter do not rely upon representations made by or on behalf of petclub.com and rely entirely upon their own enquiries as to suitability of the pet sitter to provide services for the pet owner.
4) Petclub.com accepts no responsibility for:
a) any incidental, indirect or consequential damages which may occur to any person or animal as a result of using the petclub.com service, or by any act or omission of a pet sitter or of any pet owner or animal;
b) the behaviour and/or conduct of other members or their animals;
c) the suitability, honesty, capability or character of any member;
d) the suitability of the pet sitter’s premises for the pet owner’s animal/s;
e) any incidental, direct, indirect or consequential damage that may be caused to any person or animal, whether as a result of omission, accident, injury, aggravation or otherwise; and
f) any monies due and payable either by or to the pet owner or the pet sitter.
5) You irrevocably release petclub.com, its directors and employees absolutely from all liability and responsibility for injury, damages, illness, accident, death, veterinary expenses, loss of property howsoever arising which may occur to any animal or person at any time as a result of the use of this introductory agency. You agree to indemnify, and keep indemnified, petclub.com, its directors and employees from and against all liability, damages, veterinary expenses, claims, actions and costs of defending such claims and action whatsoever in respect thereof.
6) Petclub.com does not make any warranty as to:
a) the suitability, honesty, capability or character of the pet sitter;
b) the suitability of the pet sitter’s premises;
c) th enature or temperament of any pet; and
d) the capability of a pet sitter to adequately exercise and care for any dog.
e) and does not accept any responsibility in relation to these matters.
7) Petclub.com is not responsible for any computer viruses or breakdowns which may arise as a result of using this service.
8) Petclub.com shall in no event be liable for any damages, loss or expense including without limitation direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:
a) Any access, use or the inability to access or use this website, or reliance on the contents of this website;
b) Any system, server or connection failure, error, omission, interruption, delay in transmission or computer virus;
c) Any use of or access to any other website linked to this website; and
d) Any products, service or information of any merchant or service provider.
9) You hereby authorise petclub.com to send marketing material to you, whether by post, email or otherwise. All correspondence and emails that you receive from petclub.com or a member of petclub.com are confidential. You are not permitted to forward these emails to another party without first obtaining the consent of the original sender.
10) The trademarks, logos and other intellectual property (“Intellectual Property”) used and displayed on this website are registered and unregistered Intellectual Property of petclub.com and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Intellectual Property displayed or referred to on this website, without the written permission of petclub.com or other trademark owner. Petclub.com aggressively enforces its Intellectual Property rights to the fullest extent of the law. The Intellectual Property may not be used in any way without prior written permission.
11) Any material, information or idea that you transmit to or post on this website by any means will be treated as non-confidential and non-proprietry, and may be disseminated or used by petclub.com or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marking products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, defamatory, obscene, scandalous, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
12) All costs and expenses displayed on this website are non-refundable. You are responsible for all charges associated with the use of petclub.com. If you are a pet owner, you are also separately responsible for all costs and expenses incurred by the pet sitter as agreed between you and the pet sitter.
13) Petclub.com is not responsible for any information or materials posted or transmitted via its website.
14) Petclub.com is not responsible for resolving disputes between members.
15) Members are responsible for their own online charges from internet service providers and all associated and incidental costs.
16) All members agree that, in relation to personal information of other members that are obtained through this website or through petclub.com facilitated transaction; that information will not be used for any unsolicited commercial purpose. Members are expressly prevented from adding personal information of other members to any electronic or physical mailing lists, or for sending spam or other content not expressly authorised by petclub.com.
17) Petclub.com is not responsible for any losses or damages that result from loss of userID and/or password.
18) Petclub.com may, in its absolute discretion, amend or alter the content of a member profile. This includes but is not limited to the removal of company names, URL links and inappropriate or offensive material as deemed so by us.
19) Petclub.com may, in its absolute discretion, cancel a membership for any breach of these terms and conditions as amended from time to time.
20) Petclub.com may amend the terms and conditions from time to time. If you do not agree with any of our terms and conditions, you must terminate your membership. If, after changes to our terms and conditions you continue to be a member of petclub.com, you will be considered to have accepted the varied terms and conditions.
21) The copyright in this website is owned by petclub.com, its agents and/or professional advisors. No part hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means without the prior written permission of petclub.com or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.
22) If a pet sitter is introduced to a pet owner directly or indirectly as a result of petclub.com or its website, then the pet sitter and the pet owner may not contact each other in relation to pet sitting or similar services otherwise than directly via this website.
23) Petclub.com has no responsibility or liability for any contracts entered into between the pet owners and pet sitter, including but not limited to 'The Pet Owner and Pet Sitter Agreement'.
24) Any payment in this contract which attracts GST shall be increased by 10% (or such other percentage as may replace 10% in the GST Act). Where “plus GST” appears in any document, it has the meaning ascribed by this clause. Where you supply a credit card number, petclub.com is entitled to debit that credit card for any fees properly payable pursuant to these terms and conditions.
25) These terms and conditions and any agreement between the parties shall be governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under this contract.