Last updated: March 27, 2021
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of The Pet Directory and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Pet Directory.
petdirectory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Pet Directory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Listings Service Agreement Standard Terms and Conditions
THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
- Acknowledgement & Acceptance of Agreement
- Definition of Business Listing or Listing in the agreement refers to any and/or all products available on PetDirectory.com.au, including but not limited to listings, classifieds and advertising.
- Pursuant to this Agreement, Advertiser submits Business Listing(s) and/or link(s) to its web site(s) or social media profiles for inclusion on PetDirectory.com.au’s web site. The terms and conditions applicable are set forth below.
- Basic inclusion of a website title, description and URL (‘Business Listing’) on the PetDirectory.com.au site are sold on an inclusion basis for a one time, non-refundable setup fee and an annual renewal fee. THE SETUP FEE IS IN CONSIDERATION FOR PETDIRECTORY.COM.AU’S EDITORIAL REVIEW OF THE BUSINESS LISTING SUBMISSION AND IS THEREFORE NON-REFUNDABLE, EVEN IN THE EVENT THAT PETDIRECTORY.COM.AU DECLINES TO INCLUDE ADVERTISER’S BUSINESS LISTING. PetDirectory.com.au may, in its sole discretion, change the setup or annual renewal fee at any time.
- Following submission by Advertiser of a Business Listing submission form, PetDirectory.com.au will review the Business Listing entry containing the information submitted by Advertiser regarding its website, to determine whether Advertiser’s Business Listing entry and applicable web site is eligible for inclusion in PetDirectory.com.au. Within ten (10) business days from the date the Business Listing submission form is received by PetDirectory.com.au, PetDirectory.com.au will review Advertiser’s Business Listing entry inclusion to determine whether it is eligible for inclusion in PetDirectory.com.au.
- Notification of Changes
- PetDirectory.com.au may, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the annual fees charged for the Listing Services. Whenever PetDirectory.com.au changes this Agreement, it will post those changes to its Web Site and will update the ‘Last Updated’ date at the top of this Agreement. The revised terms will become effective on the date PetDirectory.com.au posts such changes to its Web Site, except annual fee increases will become effective at the time your annual Agreement automatically renews. It is your obligation to check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if PetDirectory.com.au determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account. If any modification to this Agreement is not acceptable to you, your only remedy is to notify PetDirectory.com.au of your election not to renew your Agreement, as provided in Section 3 below.
- Terms of Agreement
- PetDirectory.com.au may, at any time in its sole discretion, with or without cause, terminate this Agreement and/or cancel any listings or links submitted under this Agreement.
- Auto-Renewal: Advertiser’s Business Listing subscription will be automatically renewed for successive one-year terms, unless Advertiser notifies PetDirectory.com.au by sending an email with the words ‘CANCELLATION’ in the subject line to info@PetDirectory.com.au. Advertiser shall deliver such notice at least twenty (20) days prior to the commencement of the next renewal term.
- If PetDirectory.com.au is unable to process Advertiser’s subscription payment because the PayPal account or credit card has expired or is otherwise invalid, then PetDirectory.com.au may contact Advertiser to obtain payment information and/or cancel Advertiser’s subscription and/or run the credit card with updated expiration date.
- The cost of the renewed Listing will be the then-current standard rate. Advertiser’s credit card will be charged the non-refundable renewal fee in accordance with the terms of this Agreement.
- Service Fees and Payment Terms
- Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify PetDirectory.com.au in writing within sixty (60) days after any such charge; failure to so notify PetDirectory.com.au shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by PetDirectory.com.au. No other measurements or statistics of any kind shall be accepted by PetDirectory.com.au or have any effect under this Agreement.
- Fees: Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify PetDirectory.com.au by sending a detailed notice of dispute to PetDirectory.com.au via email at: info@PetDirectory.com.au within ten (10) days of the charge; failure to so notify PetDirectory.com.au shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by PetDirectory.com.au. No other measurements or statistics of any kind shall be accepted by PetDirectory.com.au or have any effect under this Agreement. All payments made under this Agreement are non-refundable.
- Late Payments: Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser shall reimburse PetDirectory.com.au for any costs and fees (including attorneys’ fees) incurred by PetDirectory.com.au in an effort to collect any amount due hereunder.
- Disputes: If Advertiser has any questions or objections regarding charges to its credit card, it must promptly (within 30 days) notify PetDirectory.com.au in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection before it disputes the charge with the credit card processing company. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If (a) Advertiser fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or (b) advertiser files a dispute with the credit card processing company that is not in good faith, Advertiser will be in material breach of this Agreement and PetDirectory.com.au will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of inability to pay or because of Advertiser’s failure to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
- Payment Method: To maintain a paid Listing account with PetDirectory.com.au, the Advertiser must maintain a valid subscription through PayPal. Advertiser’s Paypal account will be charged upon submission and renewal of a Listing pursuant to Section 6 below. Listing accounts are renewed on an annual basis as set forth in Section 6. Advertisers are generally required to pay for Listings by PayPal or with the credit or debit card method.
- Editorial Standards and Requirements
- Advertiser’s Listing entries are written by Advertiser subject to PetDirectory.com.au’s approval or may be written by PetDirectory.com.au. Advertiser agrees to be bound by and follow the PetDirectory.com.au editorial standards as outlined in point 5.2. Advertiser’s submissions to the PetDirectory.com.au site will be subject to PetDirectory.com.au’s editorial review, modification and/or removal at PetDirectory.com.au’s sole discretion. PetDirectory.com.au reserves the right, but not the obligation, to review Advertiser submissions.
- Advertiser represents and warrants that its listings, links and submissions to the PetDirectory.com.au site do not, and will not include content, or links to content, which may result in a claim against, or civil or criminal liability to, PetDirectory.com.au or that otherwise violates applicable law or the terms of this agreement, including, without limitation, content that is copied, fraudulent, deceptive, libellous, defamatory, obscene, pornographic, adult-themed, infringing or that violates the privacy, publicity or any other right(s) of a third party.
- Advertiser hereby agrees to indemnify, defend and hold harmless petdirectory.com.au and its affiliates and partners, and any of their respective officers, directors, partners, shareholders, agents, licensees and employees, from and against all third party claims, actions, liabilities, losses, expenses, damages, and costs including, without limitation, reasonable attorneys’ fees (collectively, ‘losses’) that may at any time be incurred as a result of any third party claims, suits or proceedings: (a) arising out of any breach by advertiser of any duty, representation or warranty under this agreement; or (b) arising from the content or subject matter of any advertiser listing, link, submission or content of sites to which visitors can link through advertiser’s links or listings. PetDirectory.com.au retains complete editorial discretion with respect to all listings and links, including, without limitation, regarding the selection, placement, keywords, title, descriptions and multilinks.
- PetDirectory.com.au reserves the right to use any images or content submitted on PetDirectory.com.au for any marketing purposes on PetDirectory.com.au or third party services.
- PetDirectory.com.au endeavours to protect the security of Advertiser’s payment information during transmission by using Secure Sockets Layer (‘SSL’) when receiving payment information through the PetDirectory.com.au website. It is important for Advertiser to protect against unauthorised access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser’s account on PetDirectory.com.au.
- Registration Information
- In connection with the Listing program, Advertiser is required to submit registration information. PetDirectory.com.au may use such information to contact Advertiser regarding its listings and links. PetDirectory.com.au may disclose such information to its third party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of PetDirectory.com.au, its affiliates or related parties. Notwithstanding anything to the contrary herein, PetDirectory.com.au may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of PetDirectory.com.au with another entity.
- Advertiser hereby grants to PetDirectory.com.au a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser’s listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the ‘Advertiser Marks’), for purposes of providing the services covered by this Agreement; and (ii) incorporate in PetDirectory.com.au’s sites links provided by Advertiser as part of its listings and submissions.
- Warranty Disclaimer
- Neither PetDirectory.com.au nor its suppliers or vendors make any warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement), guaranties, representations, promises, statements, estimates, conditions or other inducements, express, implied, oral, written or otherwise. PetDirectory.com.au’s obligations under this agreement are subject to delays caused by war, terrorism, act of god, embargoes, or any other circumstances beyond PetDirectory.com.au’s reasonable control. Advertiser acknowledges that PetDirectory.com.au’s site is operated on an ‘as is’, ‘as available’ basis, and that neither PetDirectory.com.au nor its suppliers or vendors makes any representations or warranties of any kind whatsoever regarding the placement of listings or links or the performance or security of its web site or services.
- Limitation of liability
- In no event shall PetDirectory.com.au or any of its suppliers, vendors or affiliates be liable or responsible for any indirect, incidental, consequential, special or exemplary damages of any kind, including without limitation, lost profits or lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based. In no event shall PetDirectory.com.au’s liability for any reason whatsoever exceed the fees paid to PetDirectory.com.au by advertiser under this agreement during the six month period prior to the time the applicable claim accrued.
- Reservation of Rights
- Advertiser agrees that PetDirectory.com.au retains all right, title and interest in and to PetDirectory.com.au’s technology, services and other intellectual property rights. Advertiser agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by PetDirectory.com.au, except as explicitly provided herein or approved in advance in writing by PetDirectory.com.au.
- PetDirectory.com.au reserves the right, in its sole discretion, to (i) remove Advertiser’s Listing and/or cancel Advertiser’s account for any reason or no reason; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the PetDirectory.com.au Directory or website. Payment of Advertiser’s fee will not guarantee that Advertiser’s listing(s), link(s) and/or account will remain on the PetDirectory.com.au Directory or website if Advertiser or Advertiser’s listing is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay PetDirectory.com.au all moneys due hereunder.
- Receipt times of all submissions, notices and other correspondences and transactions via the PetDirectory.com.au site are measured based on receipt by PetDirectory.com.au’s servers. This Agreement: (a) shall be governed by and construed in accordance with, the laws of the State of New South Wales, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by PetDirectory.com.au must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. Exclusive venue for all disputes arising out of or related to this Agreement shall be the state and federal courts located in Sydney, New South Wales, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of PetDirectory.com.au. PetDirectory.com.au may freely assign and delegate the Agreement and any of its rights and obligations hereunder.
- You must be 18 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. PetDirectory.com.au cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for managing payment transactions on your own website. PetDirectory.com.au cannot and will not be liable for any loss or damage from your failure to manage your own payment transactions. Any disputes with users of your website are not the responsibility of PetDirectory.com.au and are solely the responsibility of you, the user of the Service.
- If you cancel the Service or cancel your website, it is your responsibility to cancel all member subscriptions. PetDirectory.com.au will not be held liable for ongoing payment transactions that occur after you cancel usage of the Service. It is your responsibility to ensure that when you cancel usage of the Service, that all your member’s payment transactions are cancelled and that no future billings occur.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- PetDirectory.com.au does not specifically recommend any particular service from any Advertiser on PetDirectory.com.au. Any Customers (visitors of PetDirectory.com.au) enquiring about or using a service from an Advertiser must do their own research. When a visitor engages a service from an Advertiser it is the responsibility of both the Visitor and the Advertiser to fulfil payments and terms of that service, PetDirectory.com.au has no responsibility in any matters concerning contacts or services between Visitors and Advertisers.
If you have any questions about these Terms, please contact us.