Terms and Conditions
Last updated: June 2019
(a) “Customer” means the entity stated in the Application, its successors and assigns.
(b) “Services” means all services supplied to the Customer and includes any advice or recommendations, intellectual or intangible property under the PPSA (and where the context so permits includes any supply of Goods). “PPSA” means the Personal Property Securities Act 2009 (Cth).
License to use website
Unless otherwise stated, Lost Pet Finders and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution.
You must not post any material that would be considered obscene, or otherwise offensive. This may include, but is not limited to material that is:
- threatening, intimidating or menacing;
- indecent or obscene;
- intended for harassment;
- racially offensive.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Lost Pet Finders' express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Lost Pet Finders' express written consent.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Lost Pet Finders a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Lost Pet Finders the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Lost Pet Finders or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Lost Pet Finders reserves the right to edit or remove any material submitted to this website, or stored onLost Pet Finders' servers, or hosted or published upon this website.
NotwithstandingLost Pet Finders' rights under these terms and conditions in relation to user content, Lost Pet Finders does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Lost Pet Finders makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Lost Pet Finders does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Lost Pet Finders will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Lost Pet Finders has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limitLost Pet Finders' liability in respect of any:
- death or personal injury caused byLost Pet Finders' negligence;
- fraud or fraudulent misrepresentation on the part of Lost Pet Finders; or
- matter which it would be illegal or unlawful for Lost Pet Finders to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You hereby indemnify Lost Pet Finders and undertake to keep Lost Pet Finders indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Lost Pet Finders to a third party in settlement of a claim or dispute on the advice ofLost Pet Finders' legal advisers) incurred or suffered by Lost Pet Finders arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Lost Pet Finders' other rights under these terms and conditions, if you breach these terms and conditions in any way, Lost Pet Finders may take such action as Lost Pet Finders deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If the Customer disputes any Services supplied by Lost Pet Finders the Customer must notify their reasons in writing to Lost Pet Finders within 14 days of the Invoice date, failing which the Customer loses any right to dispute the quality of the Services or value.
Lost Pet Finders may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Lost Pet Finders may transfer, sub-contract or otherwise deal with Lost Pet Finders' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This document was created using a Contractology template available at http://www.freenetlaw.com.
The Customer agrees that if it fails to pay in accordance with this clause, the Company may:
(a) Charge a dishonour handling fee in the amount of $25.00;
(b) Sue for the money owing on the Goods or Services provided;
(c) Take steps to secure monies owing and enforce such security;
(d) Recover all collection and legal costs and expenses incurred in collecting overdue accounts and/or enforcing security interests on an indemnity basis.
Lost Pet Finders may refer any outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day Lost Pet Finders refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.
Pet alerts are used soley for notifying the general public about lost or found pets. By sending a pet alert you agree that you are responsible for it's content.
You must not post any material that would be considered obscene or otherwise offensive.
We may use the information you provide to inform other members or the general public about theft hot spots or other information pertaining to the welfare of pets.
It is your responsibility to keep your listing updated. We reserve the right to contact you to follow up on unresolved listings and may remove listings if contact can not be made.
Lost Pet Finders is not liable for any rewards offered.
Unsubscribing may remove any and all pet listings and contact information.
Call quality of the alert phone calls are randomly monitored but it some situations some calls may have poor quality due to the recipients infrastructure. These instances are not excluded from the alert pricing.
We will do our best to resolve any disputes with our services. Should you choose to process a chargeback via your bank we will no longer be in a position to resolve the dispute and may look to recuperate our costs and any fees associated with the collection of the debt.
Social Media Boosting
Facebook boosts are not refundable after payment has been processed even if your pet returns home within the boosting period. Refunds will be given where a fault with our site has resulted in the boost not being processed.
Changes to Terms and Conditions
Lost Pet Finders reserves the right to make amendments to the terms and conditions from time to time.