1 Perfect Pet Finder Listing Terms and Conditions

Revised: 8 August 2011 ('Revised Date')

M Dhillon and A C Timoshanko (ABN 45133922397) (“the Owners”) own and operate the Perfect Pet Finder website (www.perfectpetfinder.com.au and www.perfectpetfinder.net.au) (collectively “the Website”). Any selling or sales related activity conducted on the Website is subject to the terms outlined in this clause 1, the Website Terms of Use in clause 2, the Perfect Pet Finder Privacy Policy, and any other rules or policies referred to in this Agreement (“this Agreement”).

1.1 Perfect Pet Finder’s involvement

The Website is a service offered to the public at large in which individuals or organisations can advertise animals or animal related products or services by creating a listing. The Website acts as a passive conduit through which information is communicated between users of the Website. Except for listings created by the Owners, the Owners have no involvement in any transaction between users of the Website. As the Owners have no control over the content of the information appearing on the Website (with the exception of listings created by the Owners), to the maximum extent permitted by law, the Owners make no warranties in respect to the suitability, fitness for purpose, merchantable quality, safety or legality of any animal, product or service on the Website. Nor do the Owners make any warranties in respect of the accuracy of any listing, or the ability of a user of the Website to lawfully complete or enforce a transaction.

1.2 Placing a listings on the Website

1.2.1 You must not advertise any animal for sale that you know, or ought reasonably to know:

(a) is sick, diseased or injured; or

(b) has not attained recognised weaning age for that particular species as widely accepted in Australia by registered veterinary surgeons. For the avoidance of doubt, puppies must be at least 8 weeks of age and kittens must be at least 10 weeks of age before they can be listed on the Website.

1.2.2 You must not advertise a dog or cat that is not desexed (also known as spayed or neutered) by a registered veterinary surgeon.

1.2.3 You must not list more than three (3) animals for sale per calendar year on the Website, w ithout the written approval of the Owners. This clause does not apply to Animal Shelters or Rescue Homes. For the purposes of this clause an Animal Shelter or Rescue Home is an entity that is registered as a Charitable Institution with the Australian Taxation Office or has been assigned to the 'Free Listings' user group by the Owners. 

1.2.4 You must not advertise an animal for the purposes of, or in connection with live feeding.

1.2.5 You must not advertise an animal as "free", "free to a good home", "giveaway", or other words to describe the transfer of ownership for nil financial consideration.

1.2.6 You must not solicit or accept a deposit for an advertised animal until the prospective buyer has personally inspected the animal and you are reasonably satisfied that the prospective buyer would make a suitable carer for the animal. 

1.2.7 When listing an animal or item for sale on the Website you must:

(a) advertise only one (1) animal per listing;

(b) describe the animal, product or service fully and accurately and, if applicable, include all terms of sale and any information that you are required to provide by law;

(c) only include text descriptions, graphics, pictures and other content relevant to that particular animal, product or service;

(d) not use copyrighted material without acquiring written authorisation or licence from the owners; and

(e) assign the appropriate category to your listing.

1.2.8 By creating a listing on the Website you assign, to the extent that you are legally able to, all copyright to the Owners.

1.2.9 You irrevocably consent to the Owners reproducing, publishing, copying, adapting, performing, communicating or exhibiting to the public, materially distorting, destroying, mutilating, altering or in any other way changing or otherwise using your listing in any way the Owners sees fit.

1.2.10 In respect of material within your listing that is not owned by the Owners under clause 1.2.8, you grant the Owners an irrevocable, royalty-free licence to use, reproduce, modify, adapt and sub-licence the material for the purposes of publishing your listing in any other promotional material, product or service (including electronic or otherwise) used by the Owners, or any third party to which the Owners syndicate your listing.

1.2.11 You agree that this Agreement applies to the inclusion of your listing in any promotional material, product or service (including electronic or otherwise) used by the Owners, or any third party to which the Owners syndicate your listing.

1.2.12 All videos used in your listing are to be uploaded to YouTube, subject to YouTube's Terms of Service and made available on the Website through the embedded link provided by YouTube. The Owners, in their absolute discretion, reserve the right to remove your video from the Website at any time with no further notice to you.

1.3 Eligibility

1.3.1 You must be at least 18 years of age to create a listing, enquire about an animal for sale, respond or post a comment on the Website.

1.3.2 If you list an animal or product for sale on the Website, you must possess full legal title in the animal or item.

1.3.3 If you list an animal in the 'Lost and Found Pet' forum you must either be the owner of the listed animal or have possession of the listed animal.

1.3.4 You may only create a listing if you reside in Australia.

1.4 Usage Rules

1.4.1 You warrant to the Owners that you will not use the Website for any purpose that violates any State, Territory or Federal law, or is prohibited by this Agreement.

1.4.2 You must not:

(a) Data mine or conduct automated searches on the Website, whether through the use of the Website software or with the aid of any additional software;

(b) Incorporate any content from the Website with any other material, including advertising or promotional material without prior written authorisation of the Owners;

(c) Create HTTP links from the Website to any other website; save and except for HTTP links promoting an Animal Shelter, Rescue Home or animal related business which directly relates to the content of a listing;

(d) Use the Website, or any facilities available on the Website (including the 'Lost and Found Pet' forum or blog) for any activities (including listing an animal, product or service for sale), or transmit to or via the Website any information or material which:

(i) Breaches any law or regulation;

(ii) Breaches this Agreement;

(iii) Infringes another person’s rights (including intellectual property rights or privacy) or misuses another person’s confidential information;

(iv) Is inappropriate, indecent, menacing, threatening, obscene, offensive, inflammatory, pornographic, defamatory, discriminatory or otherwise inhibits others from using or enjoying the use of the Website;

(v) Is false or misleading;

(vi) Is an uninvited commercial message;

(vii) Impersonates another person, including but not limited to, posing as another person when you post a message or register as a member, or use another member’s account;

(viii) Identifies a person (or which can be used to identify a person) unless you have obtained that persons explicit consent;

(e) Make unauthorised modifications to the Website;

(f) Knowingly transmit any malicious software or program to, or via, the Website;

(g) Charge a buyer any additional fee (including delivery fee) unless the fee was clearly stated in your advertisement at the time of listing or renewal;

(h) Solicit or otherwise charge a person a fee for the safe return of their pet listed on the Website’s 'Lost and Found Pet' forum;

(i) Attempt to do any of the above, or allow another person to do any of these acts.

1.5 The Owners’ right to alter or withdraw your material

1.5.1 The Owners may alter or withdraw any material you provide to the Website (including any posts, comments, ratings or advertisements) if:

(a) the material breaches this Agreement, any law or third party rights; or

(b) we are instructed to do so by a third party.

1.5.2 The Owners reserve the right to refuse, withdraw, edit, condense, alter the duration or change the category of your advertisement. If the Owners withdraw, cancel or amend your advertisement, other than as a result of a material breach of this Agreement, the Owners will offer you a pro-rata refund (if a listing fee has been paid).

1.6 Communication with you

1.6.1 Any communication sent to you by the Owners is not intended to endorse or guarantee your transaction(s) on the Website. The Owners do not endorse or approve any information another user has communicated to you. It is your responsibility to exercise caution and conduct your own enquiries when using the Website.

1.7 Fees payable

You will be notified of any fees due for your use of the Website at the time of registration and listing, and you will be responsible for the payment of these fees before you are able to list an animal or item for sale.

1.8 No warranties

1.8.1 The Owners take all reasonable care in compiling the advertisements featured on the Website. However, the information on the Website is provided ‘as is’ and the Owners do not warrant or represent that it is accurate, up to date, complete or free from errors or omissions.

1.8.2 The Owners accept all listings in good faith on the basis of warranties provided by each advertiser. The Owners do not warrant or represent that any animal, product or service listed on the Website is fit for any particular purpose, of merchantable quality, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. It is your responsibility to exercise caution and conduct your own enquiries including, but not limited to suitability, fitness for purpose, quality and condition of any animal, product or service listed on the Website. It is your responsibility to verify any information from the Website, or information that is provided to you by other users of the Website before relying on it.

1.9 The Owners liability to you

1.9.1 The terms that apply to the Owners supply of the Website are those set out in this Agreement and those implied by consumer protection laws that are unable to be excluded. No other terms apply.

1.9.2 The Owners accept their liability to you for breach of contract or negligence under common law principles, however:

(a) the Owners do not accept liability for any losses that result from the use of the Website in connection with the conduct of a business, to the full extent that such liability may be excluded under legislation. If this liability cannot be excluded but can be limited under legislation, the Owners limit their liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so;

(b) the Owners are not liable for any loss to the extent that it is connected with any dispute between you and one or more other users of the Website, including in relation to transactions entered into with other users of the Website;

(c) the Owners are not liable for any loss to the extent that it is caused by your actions (negligent or otherwise) or due to your failure to take reasonable steps to avoid or minimise your loss;

(d) the Owners are not liable for any loss resulting from the Owners failure to comply with their obligations to you where the loss was caused by events reasonably outside of the control of the Owners, including but not limited to malfunction of equipment or software, internet access difficulties or delay or failure of transmission;

(e) the Owners are not liable for any loss caused by the alteration, withdrawal or restoration of any material or advertisement, except as expressly provided in this Agreement.

1.9.3 You release the Owners from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the Website.

1.10 Your liability to the Owners

1.10.1 You are liable to the Owners for breach of contract or negligence, except to the extent that any loss is caused by the Owners’ negligence or breach of contract.

1.10.2 You agree to indemnify the Owners, their officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of this Agreement.

1.11 Consequences of material breach by you

1.11.1 The Owners may bar, suspend, terminate or restrict your access to the Website if you are in material breach of this Agreement and:

(a) the Owners have provided you a written notice of your breach and you have failed to remedy the breach within the specified time frame; or

(b) the breach is something which cannot be remedied or requires urgent action (in which case the Owners will immediately bar, suspend, terminate or restrict your access to the Website).

1.11.2 If the Owners bar, suspend, terminate or restrict your access to the Website in accordance with this Agreement, you must not circumvent (or attempt to do so) this action by any means, including but not limited to registering under another name or pseudonym. If the Owners detect this has occurred you will be immediately barred without further notice to you.

1.11.3 If you are barred, suspended, terminated or have your access to the Website restricted due to the operation of this clause 1.11, all fees paid will be forfeited.

1.12 The Owners other rights to terminate, suspend or restrict your access

1.12.1 The Owners may bar, suspend, terminate or restrict your access to the Website with as much warning as possible, if:

(a) you fail to pay outstanding fees by the time frame specified;

(b) the Owners reasonably believe that there is a real risk of loss or damage to the Owners or another if the Owners do not bar, suspend, terminate or restrict your access to the Website (including credit risk resulting from you not paying any fees owed);

(c) the law compels the Owners to do so;

(d) the Owners believe on reasonable grounds that providing you with access to the Website is illegal or may become illegal, or will bring the Website into disrepute;

(e) there is an emergency;

(f) the Owners have received a serious compliant or multiple complaints regarding your activity on or in relation to the Website.

2 Website Terms of Use

2.1 About the Website

2.1.1 The Website is an online advertising medium and marketplace that advertises animals, and animal related products and services for sale. Except for listings created by the Owners, the Owners have no involvement in any subsequent transaction between users of the Website.

2.1.2 The terms set out in this clause 2 apply to all users of the Website (including registered and unregistered users, and advertisers on the Website). The Owners recommend that you carefully read these terms before you use the Website.

2.2 Copyright

All content on the Website and the Website itself is the property of the Owners, our advertisers or content suppliers.

2.3 Usage rules

2.3.1 You must comply with this Agreement (including the usage rules in clause 1.4 of this Agreement).

2.3.2 You must not purchase, or otherwise acquire an animal for the purposes of, or in connection with live feeding.

2.3.3 The Website and all material contained on it are supplied solely for reference purposes. It is your responsibility to verify any information on the Website, and any information provided to you by other users of the Website before relying on it.

2.3.4 The Owners grant you a revocable license to print individual advertisements from the Website for your own personal, non-commercial use. All other use, reproduction, communication, publication or distribution of any of the content on the Website is expressly prohibited by the Owners, unless this constitutes ‘fair dealing’ for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the content on the Website for commercial purposes or for commercial gain without the Owners written permission.

2.3.5 You must take all reasonable steps to protect your account from unauthorised use. You must not allow another person to use your account. You must not transfer your account to another person. You are responsible for what occurs on your account and you must report any unauthorised use of your account to the Owners promptly.

2.3.6 You are responsible for ensuring that you comply with your obligations to other users of the Website. If you do not comply with your obligations, you may become liable to him or her. You must ensure that you are aware of any laws applicable to you as buyer or seller, or in any other uses you make of the Website. If another user breaches an obligation to you, you (and not the Owners) are responsible for enforcing any rights that you may have.

2.4 Linking to the Website

2.4.1 You may link to the Website from a third-party site provided that you must not:

(a) link or refer to the Website in a way that implies that the Owners or the Website sponsors, endorses or is associated with or related to your site or product, if this is not correct;

(b) frame, mirror or distort a page of this website; or

(c) alter or distort any registered or unregistered trade marks, logos or names owned by the Owners.

2.4.2 The linked site, and any material on it, must conform to accepted standards of public decency and good taste. It must not expose the Owners to any risk of liability under any criminal or civil law, or liability arising from the infringement of a third-party’s rights. Neither you nor the material on your website may disparage the Owners, the Website, its advertisers, or any goods or services listed for sale on the Website.

2.4.3 Nothing in this clause is to be construed as granting you any right, title or interest in any registered or unregistered trade marks, logos, domain names, or any other material appearing on the Website (including any works protected by copyright) belonging to the Owners.

2.4.4 The contents of this website may change from time to time. The Owners make no representations that the material to which you choose to link to on this site will continue to be available, or will remain unchanged.

2.4.5 You must comply with any request by the Owners to remove or alter a link to the Website from your site.

2.5 Other websites

2.5.1 The Website may contain links to other websites which are not maintained or controlled by the Owners (“Third Party Site”). Third Party Sites are not part of the Website. These links are provided by the Owners solely for your convenience.

2.5.2 The Owners make no representations or warranties whatsoever about any Third Party Site. The Owners do not endorse, and accept no responsibility for the content or use of any Third Party Site. If you navigate to any Third Party Site, you leave the Website and do so entirely at your own risk.

2.6 Access to the Website outside of Australia

The Owners do not warrant or represent that the content of the Website complies with the laws of any country outside of Australia. If you access the Website outside of Australia, you do so at your own risk.

2.7 No offer where illegality arises

Nothing on the Website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

2.8 No warranty

2.8.1 Clause 1.8 applies to your access and use of the Website.

2.8.2 The Owners provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the Website. However, availability of our services and access to the Website may be interfered with by numerous factors, including those outside of the Owners control, including but not limited to malfunction of equipment or software, internet access difficulties, or delay or failure of transmission. Accordingly, the Owners do not represent or warrant that our services and/or your access to the Website will be continuous, uninterrupted, timely, fault free, virus free or secure.

2.9 The Owners’ liability to you

The Owners’ liability to you in respect of the Website is set out in clause 1.9 of this Agreement.

2.10 Your liability to the Owners

Your liability to the Owners in respect of the Website is set out in clause 1.10 of this Agreement.

2.11 Consequences of material breach by you

The Owners' rights in relation to barring, terminating, suspending or restricting your access to the Website where you have materially breached this Agreement are set out in clause 1.11 of this Agreement.

2.12 The Owners other rights to terminate, suspend or restrict your access

The Owners’ other rights in relation to barring, terminating, suspending or restricting your access in other circumstances are set out in clause 1.12 of this Agreement.

3 General Terms

3.1 Privacy

The Owners collect, use and disclose personal information in accordance with the Perfect Pet Finder Privacy Policy.

3.2 Assignment

3.2.1 The Owners may assign or transfer any of its rights or obligations under this Agreement without your consent. No assignment of any obligation will be effective until the assignee has covenanted in favour of you and the other users of the Website to assume and to be bound by the obligations assigned.

3.2.2 You may not assign, novate or otherwise transfer any of your rights or obligations under this Agreement without the prior written consent of the Owners, which consent may be granted or withheld in the absolute discretion of the Owners.

3.3 Changes to this Agreement

3.3.1 Occasionally the Owners may need to amend this Agreement in response to a change in their business or in the law, or due to security, technical or infrastructure reasons.

3.3.2 The Owners reserve the right to amend this Agreement (including any policy incorporated in this Agreement) at any time. The Owners will notify all registered users of the change and will post the amended Agreement on the Website. The amended Agreement will not effect existing listings but will apply to all listings created after the Revised Date at the top of this Agreement.

3.3.3 The Owners, in their absolute discretion, may provide a registered user(s) with a variation to one or more of the clauses in this Agreement (“Approved Variation”). Unless otherwise stated in the Approved Variation, all other clauses in this Agreement continue to apply and remain enforceable. An Approved Variation:

(a) must be in writing and signed by the Owners;

(b) applies only to the specified registered user(s), and does not extend to the class or category of subscription to which registered user(s) belongs;

(c) may be revoked at any time and for any reason by the Owners or the registered user(s) by issuing written notice to the other.

3.3.4 Each time you use the Website you confirm your agreement to be bound by and acknowledge any changes to this Agreement (including any policy incorporated in this Agreement). If you do not agree with any amendments to this Agreement (including any policy incorporated in this Agreement) you must terminate your registration with the Website. If, after any such changes to this Agreement or any of the policies you continue to be a registered user of the Website, you will be considered to have accepted the amended Agreement.

3.4 Notices

Except as otherwise stated, any notices must be given by registered post (or if posted to or from outside of Australia, by registered airmail) to Perfect Pet Finder, PO Box 71, Black Forest SA 5035 or to the email address you provide to the Owners during the registration process (in your case). Alternatively the Owners may give you notice by registered post to the address you provided during the registration process, or as updated by you. Any notice will be taken to have been delivered (a) if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid, or (b) if sent by registered post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia. For the purposes of this clause, “Business Day” means a day on which banks are open for general business in Adelaide, South Australia, other than a Saturday, Sunday or public holiday.

3.5 Miscellaneous

3.5.1 The Owners and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by this Agreement.

3.5.2 If any clause in this Agreement is unenforceable, invalid or illegal, then that clause or sub-clause will be struck out to the extent that it is unenforceable, invalid or illegal and the remainder of the clause will apply.

3.5.3 If the Owners do not take action in response to a particular breach of this Agreement by you, this will not be treated as a waiver by the Owners of their right to act in respect of subsequent or similar breaches. If you do not act in response to a particular breach of this Agreement by the Owners, this will not be treated as a waiver by you of your rights to act in respect of subsequent or similar breaches.

3.5.4 This Agreement (and your dealings with the Owners) is subject to the laws of South Australia, Australia. You and the Owners irrevocably submit to the non-exclusive jurisdiction of the courts of that State and the South Australian Registry of the Federal Court of Australia in respect of all proceedings arising in connection with this Agreement.

3.5.5 Headings are for convenience only and do not affect interpretation.

3.5.6 No rule of construction applies to the disadvantage of the Owners because the Owners were responsible for the preparation of this Agreement.

3.5.7 If there is any inconsistency between any part of this Agreement, the part listed earlier in the following list prevails to the extent of the inconsistency:

(a) the Perfect Pet Finder Selling Terms and Conditions in clause 1;

(b) the Perfect Pet Finder Terms of Use in clause 2;

(c) General Terms in clause 3; and

(d) other policies, rules and guidelines stated on the Website.