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Terms and conditions & ethical breeding agreement

The following page outlines both the Pet Sales terms and conditions, and ethical breeding agreement. By using our website, you are agreeing to abide by these conditions at all times.

Terms & conditions

Beginning of T&Cs

Thank you for choosing Pet Sales Australia ABN 84 651 486 458

You are using Pet Sales Australia to find your perfect pet or to list a pet you want to adopt, rehome, or sell

This end user licence agreement is a legally binding agreement between you, the app user and Pet Sales Australia.

Accepting this agreement binds you to the license terms, and the terms of any other documents referred to in this agreement, including our privacy policy 

By installing and using this Pet Sales Australia App (Swipet), you accept the following terms.

If you do not wish to accept the terms, you must immediately cancel the installation of the Pet Sales Australia Swipet App.

1. Definitions of terms used in this agreement.
In this agreement:
1.1. Agreement means the terms and conditions contained in this agreement and any additional documents.
1.2. Content means data, music, speech or other sounds, text, visual images (animated or otherwise) in any form, or any combination of types as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth), including but not limited to, data files, graphics images, messages, photographs, sounds, videos, written text, and any other like materials.
1.3. Device means a smartphone or tablet which can operate the Pet Sales Australia.
1.4. EULA means the terms and conditions contained in this end user licence agreement that governs the right to use the Pet Sales Australia.
1.5. Licensed Application means the Pet Sales Australia App (Swipet).
1.6. In-App Purchases mean anything which is purchased through or via the Pet Sales Australia App (Swipet).
1.7. We, Us and Our (and similar terms) are a reference to Pet Sales Australia.
1.8. User-Generated means any content that is created by you the user for display in the Pet Sales Australia.
1.9. You, Your, User (and similar terms)  means you, the licensed user of the Pet Sales Australia

2. Terms of licence
2.1 Grant of licence
Subject to your compliance always with the terms of this agreement and making any required payment to licence the Pet Sales Australia (SwiPet) App, we grant you a non-exclusive, non-transferrable licence to use the Pet Sales Australia (Swipet) App on the terms set out in this agreement.

2.2 Licence to use the program
Pet Sales Australia (Swipet) App grants you a:
  • non-exclusive;
  • non-transferrable;
  • non-sublicensable; and
  • limited;
  • right to use the program on the terms and conditions contained in this agreement.
Your acquisition of the licence to use the Pet Sales Australia (Swipet) App, and any required payment, may also be subject to the terms and conditions applicable to the platform on which you acquire the Pet Sales Australia (Swipet) App or the "app store" through which you acquire the Pet Sales Australia.

2.3 No reproduction
You may not reproduce or adapt the Pet Sales Australia (Swipet) App except to the extent expressly permitted by ss 47B(3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).

2.4 Multiple devices
You may install and use the Pet Sales Australia (Swipet) App on multiple devices if allowed by the platform or by the specific app store through which you acquired.

2.5 Termination of licence
This licence is granted in perpetuity, but may be terminated by us in the following circumstances:
  • if you are in breach of any term of this agreement;
  • if you become the subject of any bankruptcy or insolvency proceedings; or
  • if you seek a refund of the licence fee paid to acquire the Pet Sales Australia (Swipet) App.

2.6 Deletion of the Pet Sales Online application upon termination Upon termination, you must permanently delete all copies of the Pet Sales Australia (Swipet) App.

2.7 Survival of rights Termination under this clause will not affect any rights or remedies which we may have otherwise under this Agreement or the law.

2.8 Responsibility for others You are responsible for the actions of any other person who use your licence of the Pet Sales Australia (Swipet) App.

2.9 Patches and updates We may deploy or provide patches, updates, and modifications to the Pet Sales Australia (Swipet) App that must be installed for you to continue to use it. consent to deploy and Pet Sales Australia (Swipet) App such patches, updates and modifications as we determine they are required to for the Pet Sales Australia (Swipet) App to operate.

3. Your general obligations
You must
3.1. not copy, reproduce, translate, adapt, vary, or modify the Pet Sales Australia App without Pet Sales Australia's express written consent, except as expressly authorised by this Agreement or Pt III Div 4A of the Copyright Act 1968 (Cth);
3.2. not do anything which would infringe our copyright in the Pet Sales Australia (Swipet) App , and
3.3. consent to us sending you electronic communications including emails, SMS messages and push notifications from within the Pet Sales Australia (Swipet) App as reasonably necessary to provide you with the service.

4. User-Generated Content
4.1. Content uploaded to the Pet Sales Online
4.4.1 We do not claim ownership of any user-generated content that you submit to or make available using the Pet Sales Australia (Swipet) App.
4.4.2 By submitting user generated content to the Pet Sales Australia (Swipet) App, you are granting us a perpetual, irrevocable licence to redistribute the content as we reasonably determine.
4.2. Moderation of Content
You expressly authorise us to remove or delete any user-generated content that you have authorised us to disseminate if we deem it be unsuitable for any reason whatsoever.
4.3. Copyright take-down procedure
We take all reasonable steps to be aware of user generated content submitted by users;
4.3.1 We commit to taking steps to remove all user generated content within 12 hours of being notified that such content may be a breach of copyright or other intellectual property rights, is defamatory, or otherwise claimed to be illegal.
4.3.2 To notify us of a claimed infringement of copyright, please send a notification to admin@onlinesalesgroup.com.au that includes the following information:
  • the content in which copyright is claimed;
  • information about the complaining party (complainant) including for example:
  • address;
  • telephone number;
  • email address;
  • an electronic or physical signature of the copyright owner or authorised agent of the copyright owner of the allegedly infringing material;
  • a statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, agent or the law; and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that the complainant is authorised to act on behalf of the copyright owner.

5. Third-party software
5.1 We may obtain information from and send information to third party software that you authorise us to collect and disseminate through your device or via the Pet Sales Australia (Swipet) App;
5.2 By using the Pet Sales Australia (Swipet) App, you authorise us to obtain information from and send information to the respective third-party which you have authorised.
5.3 Data Integration
5.3.1 If a web interface is made available to users of the Pet Sales Australia (Swipet) App, you authorise us to send data to that web Pet Sales Australia application that is necessary for us to provide the services associated with the Pet Sales Australia (Swipet) App.
5.3.2 We will provide you with access to that web interface as required.

6. Pet Sales Online In-App Purchases
6.1 The Pet Sales Australia (Swipet) App may offer content, services, or functionality for use within the app that is available in exchange for the payment of an amount of money.

6.2 Pet Sales Australia (Swipet) App purchases that are consumed during the use of the Pet Sales Australia (Swipet) App cannot be transferred among devices and can only be downloaded once.
6.3 You must authenticate your account before making Pet Sales Australia (Swipet) App Purchases, separate from any authentication to obtain other content.
6.4 Refund Policy
6.4.1 All Pet Sales Australia (Swipet) App purchases are final and subject to all Pet Sales Australia (Swipet) App applicable Australian laws, non-refundable. 

7. Privacy and personal information
7.1 By installing the Pet Sales Australia (Swipet) App, you acknowledge that you may provide us with, or we may otherwise obtain, personal information about yourself.
7.2 You further agree that our use of your personal information will be in accordance with the terms of our privacy policy.

8. Liability
8.1 Disclaimer of warranties You expressly acknowledge and agree that to the maximum extent permitted by law:
  1. Your use of Pet Sales Australia (Swipet) App is at your sole risk.
  2. The Pet Sales Australia (Swipet) App is provided on an "as is" and "as available" basis.
  3. We and our officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  4. We make no warranty that:
    1. the Pet Sales Australia (Swipet) App will meet your requirements or expectations.
    2. YYour access to, and use of, the Pet Sales Australia (Swipet) App will be uninterrupted, timely, secure, or error-free; and
    3. any features of the Pet Sales Australia (Swipet) App which require services provided by third parties will be available on an ongoing basis.
  5. no advice or information, whether oral or written, obtained by you from us through or from the Pet Sales Australia (Swipet) App or our website creates any warranty not expressly stated in this agreement.

8.2 Limitation of liability
8.2.1 Except for certain consumer guarantees which Pet Sales Australia comes under the Australian Consumer Law (ACL), we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, about Pet Sales Australia (Swipet) App. 
8.2.2 Subject to any claims available under the ACL, we and our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however, suffered or sustained in connection with:
  1. any inaccurate or incorrect information provided on the Pet Sales Australia (Swipet) App;
  2. Your use of the Pet Sales Australia (Swipet) App;  
  3. any failure or delay including, but not limited to, the use or inability to use the Pet Sales Australia (Swipet) App;
  4. any interference with or damage to your computer systems which occurs in connection with use of the Pet Sales Australia (Swipet) App; or
  5. the cost of procurement of substitute goods and services to the Pet Sales Australia (Swipet) App.
8.2.3 For claims that cannot be excluded or restricted under the ACL, Our liability for such a claim will (at our option and to the extent permitted by law) be limited to: 
  1. in the case of goods repairing or replacing those goods; or
  2. paying the cost of having those goods repaired or replaced, and
  3. if the breach relates to services: 
    1. resupplying those or equivalent services, or
    2. paying the cost of having those services resupplied.

9. Indemnity
9.1 You must indemnify, defend, and hold harmless us and our officers, employees, authorised representatives, and agents (Indemnified Parties) against any claim or proceeding that is made, threatened, or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the indemnified parties may incur or suffer as a direct or indirect result of:
  1. Your breach of this agreement; any content you create or disseminate using the Pet Sales Australia (Swipet) App;
  2. Your negligent acts or omissions; 
  3. Your actual or alleged breach of any law, legislation, regulation, by-law, or code of conduct; or
  4. any claims brought by or on behalf of a third party relating to any act or omission by you, including infringement of a third party's copyright or trademark.
10. Google Play platform
10.1 Application
10.1.1 This clause 10 applies if You have obtained the Pet Sales Australia (Swipet) App through the Google Play platform (Google Play).
10.1.2 In a conflict between a clause 10 provision and any other provision of this agreement, the provision of clause 10 will prevail.
10.2 Acknowledgement
You and we acknowledge that this agreement is between you and us, and not with Google, and we, not Google, are responsible for the Pet Sales Australia (Swipet) App and the content of Pet Sales Australia.
10.3 IP rights
You and we acknowledge that, in the event of any third party claim that the Pet Sales Australia (Swipet) App or your possession and use of the Pet Sales Australia (Swipet) App infringes that third party's intellectual property rights, we, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
10.4 Product claims
You and we acknowledge that we, not Google, are responsible for addressing any claims of you or any third party relating to the Pet Sales Australia (Swipet) App or the end-user's possession and/or use of that Pet Sales Australia, including, but not limited to:
  • 10.4.1 Product liability claims;
  • 10.4.2 Any claim that the Pet Sales Australia (Swipet) App fails to conform to any Pet Sales Australia applicable legal or regulatory requirement; and
  • 10.4.3 Claims arising under consumer protection or similar legislation

10.5 Support
10.5.1 We are solely responsible for maintenance and support services for the Pet Sales Australia (Swipet) App, if required by Pet Sales Australia applicable law.
10.5.2 You and we acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Pet Sales Australia (Swipet) App.
10.6 Warranty
We and not Google are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this agreement.
10.7 Free Download
Pet Sales Australia (Swipet) App is free to download.  
10.8 Reinstalls
10.8.1 You are entitled to unlimited reinstalls of the Pet Sales Australia (Swipet) App (Reinstall Right).
10.8.2 Notwithstanding clause 10.8.1, if the Pet Sales Australia (Swipet) App is removed from Google Play due to an allegation of:
  1. intellectual property infringement;
  2. defamation;
  3. violation, or the actual violation of a third party's right of publicity and privacy; or
  4. the Pet Sales Australia (Swipet) App does not comply with law, or any determination that the Pet Sales Australia (Swipet) App does not comply with the law;
Your reinstall right will not apply to Pet Sales Online.
10.8.3 You acknowledge and agree that if you are unable to exercise your reinstall right pursuant to clause 10.8.2, to the fullest extent permissible by law, we have no liability to you.

11 iOS platform
11.1 Application
11.1.1 This section 11 applies if You have obtained Pet Sales Australia (Swipet) App through the Apple AppStore™.
11.1.2 In the event of a conflict between a provision of this section 11 and any other provision of this Agreement, the provision of this section will prevail.
11.2 Acknowledgement
You and we acknowledge that this agreement is between you and us, and not with Apple, and we, not Apple, are responsible for the Pet Sales Australia (Swipet) App and the content of the Pet Sales Australia (Swipet) App.
11.3 Scope of licence
11.3.1 Your licence to use the Pet Sales Australia (Swipet) App is a non-transferable licence to use the Pet Sales Australia (Swipet) App on any iPhone, iPad or other Apple iOS device that you own or control, as permitted by the usage rules contained in the AppStore Terms of Service (AppStore TOS).
11.3.2 If any provision of this agreement provides less restrictive rules for the Pet Sales Australia (Swipet) App than the usage rules for licensed application contained in the AppStore TOS or conflict with the AppStore TOS, the terms in the AppStore TOS prevail, and this Agreement is modified to the extent of any inconsistency.
11.4 Support
11.4.1 Pet Sales Australia is solely responsible for maintenance and support services for the Pet Sales Australia if required by applicable law.
11.4.2 You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Pet Sales Australia.
11.5 Warranty
11.5.1 Pet Sales Australia and not Apple is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this Agreement.
11.5.2 In the event of any failure of the Pet Sales Australia (Swipet) App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to the app.
11.5.3 To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pet Sales Australia (Swipet) App.
11.6 Product claims
11.6.1 u and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Pet Sales Australia (Swipet) App or the end-user's possession and use of that Pet Sales Australia (Swipet) App, including, but not limited to:
  1. product liability claims;
  2. any claim that the Pet Sales Australia (Swipet) App fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation.

11.7 IP rights
Both you and Pet Sales Australia acknowledge that, in the event of any third party claim that Pet Sales Australia (Swipet) App or your possession and use of the Pet Sales Australia (Swipet) App infringes that third party's intellectual property rights, Pet Sales Australia, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
11.8 Legal compliance
You represent and warrant that:
11.8.1 You are not located in a country that is subject to a Australian or other Government embargo, or the Australian or other Government has designated that as a "terrorist supporting" country; and
11.8.2 You are not listed on any Australian or other Government list of prohibited or restricted parties.
11.9 Third-Party Beneficiary
You and Pet Sales Australia acknowledge and agree:
11.9.1 Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and
11.9.2 Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary of this agreement.

12 General provisions
12.1 Termination
12.1.1 The terms and conditions are effective until terminated by us. 
12.1.2 We may terminate this agreement and your access to the Pet Sales Australia (Swipet) App at any time without notice.
12.1.3 ln the event of termination, you are no longer authorised to access the Pet Sales Australia (Swipet) App.
12.1.4 All restrictions imposed on you, disclaimers and limitations of liability set out in the terms and conditions of this agreement will survive termination.
12.2 Governing Law
12.2.1 The terms and conditions are governed by and construed under the laws of the State of New South Wales, Australia.
12.2.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the supreme court of New South Wales and the Federal Court of Australia.
12.2 Severability
If any provision of the terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions which will continue in full force and effect.

DIRECTORY LISTING AGREEMENT

(Pet/Animal Sellers)

Pet Sales Australia provides a marketplace between sellers such as breeders, animal adoption organisations and pet buyers to match pets with new owners across Australia. Breeders, animal adoption organisations can list animals for sale on the Pet Sales Australia Directory and benefit from a broader marketing platform through the Pet Sales Australia funnel.
This Directory Listing Agreement ("Agreement") is between you, (the "Breeder" "Rescue Organisation" or "Pet Seller") and Pet Sales Australia ABN 84 651 486 458 , (the "Directory" and the "Swipet App") and contains the terms and conditions of listing your pets with Pet Sales Australia
Please read this agreement carefully. This agreement is a legally binding document. By proceeding with listing your pets with Pet Sales Australia, you agree to be bound by the terms and conditions contained in this agreement. You warrant that you have legal capacity to enter into this agreement.
These terms and conditions may change at any time. We will make every effort to inform you when these terms and conditions are updated or changed. Please check these terms and conditions regularly.
Please contact Pet Sales Australia at admin@onlinesalesgroup.com.au if you have any questions about this agreement.

DISCLOSURE NOTICE

Pet Sales Australia, as the website administrator may, at their discretion, provide your contact details and the animal’s particulars to the relevant authority for further investigation upon suspicion or reporting of poor welfare practices or conditions.

Terms and Conditions
1. Seller Profile
1.1 All Breeders, animal adoption organisations and animal sellers are required to create a seller’s profile via the Pet Sales Australia website or the Swipet application. To complete a seller’s profile, you will be required to provide the following information (where applicable):
  • Registered Breeder Association Number
  • ABN
  • Business registration certificate
  • Business address
  • Business phone number
  • Images of the pets to be included advertised for your listing
  • Any other information required by any applicable policies and / or government codes of practice
Breeder Association Number
1.2 A breeder may register only one seller’s profile per registered breeder association number.A breeder may register only one seller’s profile per registered breeder association number.  
1.3 Your seller profile will only be visible when you have been successfully verified by the Pet Sales Australia administration team and have an approved pet listed for sale.

2. Listing requirements (Seller profile)
2.1 To complete the seller profile, you will need to provide the following:
  • Photograph/s
  • Breed
  • Series of filter questions (age, sex, exercise needs etc.)
  • Desexed status
  • Worming status
  • Pet selling price asking price

Images and text
2.2 All images will undergo a reverse google image search to ensure that images are original and are an accurate representation of the listed animal.
All text will be audited to ensure no 'blacklisted' words are included and that no advertising is misleading.

Listing period
2.3 Once approved your listing will be published and remain on the directory until the listed animal is sold.
2.4 Once the sale of the listed animal is confirmed the listing will be removed from view of the buying public.

Changes to your listings
2.5 You may edit any detail of your Listing via the "My Profile" section on the website and Swipet App.
2.6 Pet Sales Australia reserves the right not to approve changes to your listing if deemed unsuitable for the use of the website or Swipet App.

3. Profile and Listing Review
3.1 All seller profiles and pet profiles and listing content will be reviewed by Pet Sales Australia and acceptance of your listing will be confirmed once your ad has been published.
3.1 You consent to the use of the information provided, all or in part, in your Listing on the Swipet App.

4. Payment

Payment upon sale once the amount is confirmed, and it is held in escrow however the funds are not released to the seller until the purchaser agrees that they have received the animal.


4.1 Payment calculation and processing of payment is triggered upon the acceptance of the buyer’s expression of interest for the animal from the seller via the Swipet App or website.
4.2 All other negotiation is conducted directly between the animal seller and the animal buyer, including transportations costs and delivery arrangements.
4.3 When the seller accepts the buyer's offer to purchase the animal, the buyer will pay for the full amount of the animal.
4.4 The amount will go into a holding phase – Stripe will hold the money – until the animal is released to the buyer.
4.5 The buyer will receive the animal, and once that is completed, the buyer will have to confirm the “pay confirmation” and the money will be released from Stripe’s account into the seller’s account.
5. Your Listing Content

Proprietary rights
5.1 You undertake that you have the right to submit content including text or images, for listing on our directory and you have been granted the necessary consent by any persons featured ('model release') or owners of featured items ('property release') in the images.
5.2 You warrant that they have the right to use any trademarks contained in your listing and other submissions, including sublicensing rights.
5.3 You authorise Pet Sales Australia to reproduce in whole or in part, display and disseminate the content including but not limited to any information, details, images, graphics, videos and audio as well as any comments or submission in performance of this agreement and the promotion of the Swipet App and website.
5.4 You give Pet Sales Australia full permission to post any images or graphics to their social media accounts crediting your business.
5.5 Pet Sales Australia may also provide such content to its third-party service providers for the same purpose.
5.6 You acknowledge and agree that you are responsible for the accuracy content provided to us that represents your listing, maintenance and updating any listings posted.
5.7 Accordingly, you represent and warrant that any listing information provided by you will
  1. does not breach any agreements you have entered into with any third parties,
  2. comply with all applicable laws, tax requirements, and rules and regulations that may apply to your business (including having all required permits, licenses and registrations)
  3. not conflict with the rights of third parties.
5.8 Pet Sales Australia assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations.
5.9 Pet Sales Australia may remove or disable your access to any listing, for any reason and without notice, including listings considered, in its sole discretion, to be objectionable for any reason, in violation of this agreement or otherwise harmful to the Swipet App or services.
5.10 Pet Sales Australia shall not be responsible for any consequences due to its failure to remove such access.

6. Disclaimer
6.1 Pet Sales Australia is a listing directory and serves only as the facilitator of connection between the listed animal seller and the potential animal customer/buyer, through its role as an advertising and marketing platform.
6.2 You understand and agree that Pet Sales Australia does not act as your agent.
6.3 Any booking of any service requested or made using the Swipet App or services must not and cannot be construed as the creation of a contract between Pet Sales Australia and your business or organisation.
6.4 Regulating the use of your services with a contract with the Animal Buyer customer remains the responsibility of yourself – the animal seller – and pet sales Australia shall not be a party to any relationship or dealing with you and the animal buyer/customer arising out of the use of the Swipet App.
6.5 Pet Sales Australia holds no responsibility for any legal situations, issues or dispute, that may arise between you and the animal buyer customer, resulting from accessing your services through the Pet Sales Australia Swipet App
6.6 Pet Sales Australia makes no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any services you provide.

Earnings Disclaimer
6.7 By providing content to Pet Sales Australia to use on the Swipet App, you will not seek royalties, commissions or financial profits.
6.8 You understand that by listing your animals on the Pet Sales Australia App, you are not guaranteed sales, bookings, increased profit, business growth or any financial gain or income whatsoever
6.9 Pet Sales Australia holds no responsibility for loss of business, damage to reputation or financial issues resulting from your listing on the Swipet App, and you take full responsibility if such circumstances were to occur.

7. Termination
Termination by Pet Sales Online
7.1 Pet Sales Australia may terminate your listing and remove your listing at any time without warning if Pet Sales Australia feels that your business is no longer fit for the Swipet App or if you are in breach of this agreement
7.2 At all times Pet Sales Australia will attempt amicable resolution and communication, however, Pet Sales Australia not obliged to provide you with reasons for terminating your listing.
7.3 Upon termination of your listing, this agreement will be terminated.

Termination by the Pet Seller
7.4 You may withdraw your listing and cancel your seller profile by providing notification of cancellation to admin@onlinesalesgroup.com.au
7.5 Your listing will be removed from the Swipet App, and this agreement will be terminated.

8. Intellectual property
8.1 Pet Sales Australia licences all intellectual property rights in Swipet App and directory, including information, graphics, design, and software, except where the animal seller has provided its intellectual property (including but not limited to text, graphics, and pictures in whatever form) for display on the Swipet App.
8.2 You must obtain the permission from the owner of any intellectual property in any third-party material incorporated into a listing before submission of the listing.
8.3 You grant Pet Sales Australia a world-wide, royalty-free, irrevocable licence to publish and to sub-license the publication of all material submitted to Pet Sales Australia as part of a listing in any form or medium, including print, online or otherwise.
8.4 You warrant that you are authorised to grant the licence in this clause 8.

9. Indemnification 
9.1 The Pet Seller agrees to defend, indemnify, and hold harmless Pet Sales Australia, and its respective officers, directors, employees, and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties, against Pet Sales Australia arising out any connection from:
  1. any content or material the animal seller submits or provides for inclusion on the Swipet App;
  2. any use by the animal seller of the App;
  3. your dealings with and animal buyers or prospective clients and customers; and
  4. any breach of this agreement on the part of the animal seller.
10. Limitation of liability
  1. If Pet Sales Australia breaches this agreement, its total liability will be limited to the amount paid by the animal seller to Pet Sales Australia in connection with the publication of the listing on the Swipet App or website.
  2. Pet Sales Australia accepts no liability whatsoever for any claim relating to the content of your listing on the Swipet App or website, your business or property or your dealings with any customers or clients or prospective customers or clients.
  3. Pet Sales Australia will not be liable for any loss or damage caused by or attributed to any person(s) that engages a service offered by your business in response to a listing on the Swipet App or website.
  4. To the extent permitted by law, we exclude all conditions and warranties relating to the App 
  5. In particular,
    1. Pet Sales Australia does not make any representations or warranties that the Swipet App will be uninterrupted or error-free.
    2. Pet Sales Australia makes no representation or warranty about the success of the Swipet App or the listing of your animals.
    3. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply of services or the payment of the cost of having them re-supplied.
11. Privacy
We value the privacy of all stakeholders and visitors to our Swipet App. Your personal information is managed according to our privacy policy.
Applicable law
The laws of the state of New South Wales govern this agreement, and both parties submit to the exclusive jurisdiction of the courts in NSW.

WEBSITE TERMS OF USE

This website with URL address www.petsale.com.au is owned and operated by Pet Sales Australia , ABN 84 651 486 458
The terms ‘us’ or ‘our’ or ‘we’ refers to Pet Sales Australia , the owner of the website, whose registered office is in New South Wales, Australia. The term ‘you’ or ‘your’ refers to the website user.
Pet Sales Australia is a business that provides the following services and products:
  • Breeder details and contact information (members only),
  • Pet breed and listing information,
  • Rescue and adoption organisation information (members only)
  • Regulations and legislation for breeding, selling and buying companion animals
  • Educational information about pet breeds
  • Educational information about purchasing a pet
  • Educational information about breeding pets
Please read these terms and conditions carefully, as together with our privacy policy, it sets out your necessary rights and obligations about:
  • the use of this website
  • all services and products provided through this website.

Should you not agree with any of these terms and conditions, please do not use our website.
1. Your use of this website is subject to the following terms and conditions:
1.1 When you visit this website and use our services or purchase our products, you agree that you have read these terms and all related documents and that you are willing to be bound by them.
1.2 The content of this website is for your general information and use only. It is subject to change without prior notice.
2. Variation
2.1 We may update our terms and conditions from time-to-time, and the new provisions will apply from the update.
3. Disclaimer (General)
3.1 While Pet Sales Australia takes every care, we do not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
3.2 The information available through this website site is provided for information and education about responsible pet buying and selling.
3.3 You are solely responsible for any results you obtain as a result of using the information on this website.
3.4 You acknowledge and agree that no information or advice provided by us including that contained on this website any way constitutes legal or financial or professional animal health advice or advice of any other regulated industry or creates a warranty of any kind concerning this website.
3.5 This disclaimer applies to the full extent permitted by law and survives termination or expiration of this agreement, or your use of this website, or the services found on this website.
4 Copyright, trademarks and other intellectual property
4.1 Pet Sales Australia owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.
4.2 You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.
4.3 Please contact admin@onlinesalesgroup.com.au if you require permission to reproduce any of the contents of this website.
4.4 Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.
4.5 You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
5 Personal use only
5.1 You may access, download, or print material from the website for your personal use only.
5.2 Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited.
5.3 You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
5.4 Except as otherwise expressly granted to you in writing, we do not give you any other express or implied right or license to our website content or our intellectual property.
6 No unlawful or prohibited use
6.1 Your use of this website is conditional upon your promise that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
6.2 You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.
6.3 You agree not to hack into areas of this website that are not intentionally made available to you.
6.4 You expressly agree not to:
  • 6.4.1 engage in any internal or external spamming, or other similar actions
  • 6.4.2 engage in any unlawful or immoral acts, or acts that violate these terms and conditions
  • 6.4.3 decompile, reverse engineer, or try to copy or imitate this website or underlying content
  • 6.4.4 use the site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
  • 6.4.5 use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
  • 6.4.6 use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
  • 6.5 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
7 Copyright infringement
7.1 If you believe that there is material on our website that infringes third party intellectual property rights, please email admin@onlinesalesgroup.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Pet Sales Australia website if appropriate.
8 Cookies
8.1 This website uses cookies to monitor browsing preferences.
8.2 By using our website or by agreeing to this Terms of Use, you consent to our use of cookies under the terms of our Privacy Policy.
9 Third-party links
9.1 This website may also, on occasion, include links to other sites which are not controlled by us.
9.2 These links are provided for your convenience to provide you with further information. You acknowledge that you use these links at your own risk.
9.3 Third-party links on our website do not signify that we recommend or endorse the websites.
9.4 We have no control over the nature, content and availability of those websites.
10 Website security
10.1 Pet Sales Australia makes every effort to maintain the safety of the Pet Sales Australia website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the site, our records, or your content.
10.2 Pet Sales Australia disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. It is your responsibility to install and maintain up-to-date security software on your computer for your further protection.
10.3 Third-party services manage the Pet Sales Australia website; therefore, the site may be inaccessible from time to time.
11 Limitation of Liability
11.1 Pet Sales Australia will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
11.2 Where warranties are implied by law, you agree that our total aggregate liability is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
11.3 This limitation of liability applies to the fullest extent permitted by law. It shall survive any termination or expiration of this Agreement or your use of this website or the services found on this website.
12 Indemnity
12.1 You agree to indemnify and defend Pet Sales Australia from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
  • 12.1.1 your unauthorised use of this website or products or services contained or advertised on this website
  • 12.1.2 your breach of these Terms of Use.

13 Applicable law
13.1 The laws of the state of New South Wales apply to this Agreement.
13.2 You consent to the exclusive jurisdiction and venue of courts within New South Wales, in all disputes arising out of or relating to the use of this website.        
13.3 You may provide notice to us through the contact us page or otherwise by email addressed admin@onlinesalesgroup.com.au
13.4 Pet Sales Australia may provide notice to you via email or other electronic means.
13.5 Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.
14 Relationship
14.1 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pet Sales Australia as a result of this agreement or use of this website.
15 Validity
15.1 If any part of these terms and conditions is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
15.2 These terms and conditions, together with our privacy policy, form the entire agreement between you and Pet Sales Australia .
16 Feedback, comments, or complaints
16.1 If you have any questions, please email admin@onlinesalesgroup.com.au

TERMS AND CONDITIONS

(PET BUYERS)

Thank you for visiting Pet Sales Australia.
Pet Sales Australia provides a marketplace between animal sellers and animal buyers to match animals within Australia. Listings on the website can benefit from a broader marketing platform provided by the Pet Sales Australia platform.
This website is owned and operated by Pet Sales Australia ABN 84 651 486 458, (the "Pet Directory", "Website" or "Site" or "App").
Pet Sales Australia is not a seller of animals and does not provide any animals or products for sale. As such Pets Sales Australia provides no warranties in relation to the merchantable quality of the product and will provide no refunds or services to buyers.
Please read this agreement carefully. This agreement is a legally binding document. By continuing to use, visit, or browse our website or App, you (the "Directory User" or "Pet Buyer”) agree to be bound by the terms and conditions in this agreement. You warrant that you have the legal capacity to enter into this agreement.
These terms and conditions may change at any time, and updates will be posted to the website and SwiPet App. You are required to check these terms and conditions each time you use the website or the app.
Please contact Pet Sales Australia on admin@onlinesalesgroup.com.au if you have any questions about this agreement.
By using the Pet Sales Australia, you agree to the following terms and conditions:

Buyer Process
Making an offer
1. The animal buyer will communicate to the animal seller when they want to make an offer for the animal up for purchase.
2. The animal buyer will be required to confirm that they have not been charged or prosecuted for any acts of animal cruelty and accordingly tick the box "I have not been charged or prosecuted with acts of animal cruelty or breaches of animal welfare in Australia."
3. If you have been charged or prosecuted for acts of animal cruelty, you are not eligible to buy a pet or list a pet using the www.petsale.com.au or SwiPet app.
4. Before sending their enquiry or offer to the animal seller, the animal buyer must confirm they have read and accepted these terms by ticking the box "I accept the terms and conditions."
Notifications and Approvals
5. The seller of the animal will receive an email and in-app notification that an offer has been made on one of their listed animal/s.
6. The seller of the animal will contact the purchaser via the website or the app to discuss the offer.
7. The seller of the animal may conduct additional screenings or interviews with the purchaser to determine the suitability of the listed animal.
8. The seller of the animal shall "approve" the offer of the purchaser via the website or the app.
Current version
9. These terms and conditions may be updated from time to time, with or without notice to you and will supersede all previous versions.

Disclaimer
Legal relationship
10. Pet Sales Australia is a pet listing directory. It serves only to facilitate the connection between the Pet Sales Australia Pet directory user and animal buyer and businesses and organisations listed on the website www.petsale.com.au
11. You understand and agree that the Pet Sales Australia does not act as your agent in any dealing and is not a party to any relationship you may commence with any business or organisation listed on the website www.petsale.com.au
12. The Pet Sales Australia shall not be a party to any relationship or dealing with you and any business entity or individual arising out of the use of the site.
13. Any purchase using the site or directory must not and cannot be interpreted as the creation of a contract between Pet Sales Australia and you, the user/animal buyer.
14. When you purchase from a business or organisation via the Pet Sales Australia, you are bound by their terms and conditions.
15. Pet Sales Australia holds no responsibility if any legal situations, issues, or dispute, that may arise between you or any business or service you access through the Pet Sales Australia website.
16. Pet Sales Australia makes no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any pet your purchase or service you access through any business or organisation listed on the Site.
17. If you are considering on deciding based on information on this site which may cost you money, you agree that you make such decisions entirely at your own risk.

Accuracy of Information
18. Reasonable care has been taken to ensure that all information is accurate and correct; however, we make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency, or functionality of the information available via our Swipet App or website.
19. We assume no liability or responsibility for any errors or omissions in the content of our Swipet App or website.
20. Please advise the webmaster if you believe that there are any errors or omissions.
Additional terms
21. From time to time within this website or via direct communication, we may require you to accept additional terms and conditions, for example, if you're advertising directly with us or becoming a contributor.
Our privacy policy
22. Our privacy policy manages your personal information provided to us during your use of our website and directory.
23. We do not disclose your personal information we collect to third parties including to allow third parties to direct market their products and services unless you agree to us doing so on an "opt-in" basis.
24. When you access the Pet Sales Australia through social media or when you connect our services to social media, you are authorising us to collect, store and use that information and content under our privacy policy.
25. We may access content or information you shared on social media with us, such as your name, age, date of birth, gender, profile picture, email address, followers or friends lists.

Third-party links
26. Some hyperlinks on our website and directory may lead to other sites that are not owned or controlled by us
27. We have not reviewed these sites and have no control over the content of such websites.
28. Connecting to linked sites and downloading any information from linked sites is done entirely at your own risk.
29. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, or that such linked sites will not contain viruses, Trojan malware, worms or otherwise impact upon your computer.
30. The content of our website and the services we deliver are provided "as is."

Site access
31. Access to the site is not warranted to be uninterrupted or fault-free.
32. Our services may be interrupted at any time or cease operation altogether.
33. We may limit, deny, modify or discontinue the Pet Sales Australia with or without notice or reason to you at any time.
34. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained on our website.
35. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website.
36. t is your responsibility to evaluate the information, opinion, advice, or other content available through our website.

Reviews
37. Pet Sales Australia offers you the opportunity to provide a genuine review of any business, organisation or service accessed via the Directory.
38. Pet Sales Australia checks all reviews and will give recipients of negative reviews the right of reply before publication.
39. Anonymous reviews and fake reviews will not be published.

Complaints
40. Please direct complaints about content on our website via the Contact Us page.
41. Content, graphics, and links provided by third parties, listed businesses and organisations may be inaccurate or infringe the rights of third parties.
42. If you believe any material infringes your rights or those of a third party or is misleading, deceptive, likely to mislead or likely to deceive, please write to us providing the following information:
  • Evidence of authority to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A written statement from you that you believe in good faith that the use of the material in the manner complained of is not authorised by the copyright owner, our agent, or the law;
  • A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.

43.You should be aware that, under the Copyright Act 1968, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred because of the removal or blocking of the material, court costs, and legal fees.

Thank you
Pet Sales Australia