Terms and Conditions

PetStar AUSTRALIA PLATFORM TERMS AND CONDITIONS

Introduction
- The PetStar Australia Platform Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person or entity listed in the Registration Portal (you or your) and PetStar Australia (ABN 24 925 821 239) (PetStar Australia, we, our or us) (collectively, the agreement).
- By accessing and using the PetStar Australia Platform, you warrant that you have read this agreement, and agree to be bound by this agreement. If you are using the PetStar Australia Platform as a representative of an entity, you are agreeing to the agreement on behalf of that entity.
PetStar Australia Platform
- The PetStar Australia Platform is an online:
  - marketplace for buying, selling, rehoming or adopting Pets; and
  - directory or conduit for searching, introducing and connecting Pet Owners, Animal Rescue, Pet Buyers and Foster Carers.
- PetStar Australia are not Pet Owners, Foster Carers, Pet Buyers or Animal Rescue and we do not sell, buy, adopt or transfer Pets and our role in providing you with access and use of the PetStar Australia Platform should be construed strictly in this context only.
- When you create an Account on the PetStar Australia Platform, PetStar Australia grants you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to access and use the PetStar Australia Platform for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
Changes
We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the PetStar Australia Platform, any user of the PetStar Australia Platform, our Fees or any other ancillary products or services offered on, or via, the PetStar Australia Platform with, or without notice, to you. If we provide you with notice of changes to this agreement, we shall do so either by email or by posting it on the PetStar Australia Platform.
Term
This agreement commences on the date you create an Account with us on, or via, the PetStar Australia Platform (Commencement Date) and continues, unless terminated in accordance with clause 19 (Term).
Account
- If you wish to access and use the PetStar Australia Platform, you as a Pet Owner, Animal Rescue or Foster Carer must create an account with us via the Registration Portal (Account). Pet Buyers are not required to create an Account to access and use the PetStar Australia Platform.
- Your Account will be operated by a username (User Name) and password (Password). You may select your own User Name and Password, which you may change online at your convenience. The owner of the Account is solely responsible for the activity conducted on the Account. We may at any time request that the owner of the Account provide identification to verify their identity.
- In order to open an Account, you must:
  - be over 18 years of age, and legally able to enter into contractual relations; and
  - provide accurate and complete registration information as described in clause 7 (if you are an Animal Rescue or Foster Carer) or clause 8 (if you are a Pet Owner). All Personal Information as well as the information you provide to setup your Account is subject to our Privacy Policy
- In relation to your Account, you are responsible for:
  - maintaining control over, and the confidentiality of, your Account and Password;
  - keeping your Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the PetStar Australia Platform;
  - notifying us in writing of any unauthorised access to, or use of, your Account or Password; and
  - for all activities or transactions that occur using your Account. We are not liable for any Loss arising out of, or in connection with, any unauthorised access or use of, your Account and Password.
- PetStar Australia has the right to suspend or terminate any Account or Password or your access or use of all or any part of the PetStar Australia Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
Your general obligations
- To access and use the PetStar Australia Platform, you must:
  - open an Account with us via the PetStar Australia Platform (unless you are a Pet Buyer);
  - provide us with all necessary co-operation and information to facilitate and provide the PetStar Australia Platform;
  - ensure that all information is true, accurate and not misleading;
  - obtain and maintain all equipment, hardware and software required by you to use and/or access the PetStar Australia Platform;
  - comply with all reasonable directions, policies and guidelines of PetStar Australia as advised from time to time; and
  - carry out all of your responsibilities set out in this agreement in a timely and efficient manner.
Animal Rescue and Foster Carer obligations
- At the time an Animal Rescue creates an Account with us, an Animal Rescue must create and publish a profile on the PetStar Australia Platform (Animal Rescue Profile), which will include your registration information (including Personal Information) and information relating to Animal Rescue (including, but not limited to, owner(s)’ names, business name, address, phone number and email address of the Animal Rescue, mission statement and rescue guidelines, status as an approved rehoming organisation, pet registration exemption status and operation methods and statistics (such as how many Pets does the Animal Rescue rehome each year or how many Foster Carers are register with the Animal Rescue)).
- At the time a Foster Carer creates an Account with us, the Foster Care must:
  - create and publish a profile on the PetStar Australia Platform (Foster Carer Profile), which will include your registration information (including Personal Information) and information relating to you experience with Pets and fostering preferences (including, but not limited to, your full name, suburb (option to hide full address), phone number, email address, age range, emergency contact details, preferred contact method, information if you hold a driver’s licence and own a car and other relevant information about you and your experience caring for and fostering Pets. We only share Foster Carer Profile (including registration information and Personal Information) with Animal Rescues. No other users of the PetStar Australia Platform (except for Animal Rescues) nor members of the public may access the information contained in your Forster Carer Profile; and
  - complete two online short courses in animal welfare provided by Maddie’s University to PetStar Australia’s reasonable satisfaction (Training Courses). The Foster Carer will not be charged a fee to complete the Training Courses. Once the Training Courses are completed, the Foster Carer will be issued with a certificate of completion (Certificate); and
  - upload their two Certificates to the Foster Carer Profile. Only Animal Rescues can view a Foster Carer Profile (including Personal Information contained therein). Except where permitted under this agreement and our Privacy Policy, PetStar Australia will not share or sell your Personal Information with other users of the PetStar Australia Platform or third parties.
- At any time, you may edit your Account or update or change your Animal Rescue Profile or Foster Care Profile (as the case may be). We will not be liable to you or any third party in connection with, arising out of, any:
  - failure to update or change your Account or Animal Rescue Profile or Foster Care Profile (as the case may be) published or displayed by you on, or via, the PetStar Australia Platform following your request; or
  - Loss incurred by you or anyone else as a result of, or in connection with, any products and services offered by an Animal Rescue and/or Foster Carer on, or via, the PetStar Australia Platform.
- If you publish, post, submit or display Animal Rescue Profile or Foster Care Profile (as the case may be) on, or via, the PetStar Australia Platform, you warrant and guarantee that:
  - hold and maintain any and all relevant registrations, permits and licences required under Animal Welfare Laws to pound, shelter, breed, sell and rehome Pets in Australia;
  - comply with all Animal Welfare Laws when pounding, sheltering, breeding, rehoming and selling Pets on, or via, the PetStar Australia Platform (including, but limited to: (i) ensuring that all Pets are immunised and examined by a veterinarian and microchipped as required by Animal Welfare Laws; (ii) disclose to a Pet Buyer any health or generic issues diagnosed or discovered by a veterinarian in relation to a Pet offered for sale, sold or rehomed on, or via, the PetStar Australia Platform; and (iii) provide the Pet Buyer all documents and certificates as required by Animal Welfare Laws in relation to the Pet sold or rehomed to the Peter Buyer on, or via, the PetStar Australia Platform);
  - all information or content you display, publish and upload to your Animal Rescue Profile or Foster Care Profile (as the case may be) is true, complete and accurate. You will immediately update your Animal Rescue Profile or Foster Care Profile (as the case may be) if you or any of the details or information you submit or upload to the PetStar Australia Platform is inaccurate, incomplete or out of date.
- If you publish, post, submit or display your Foster Carer Profile on, or via, the PetStar Australia Platform, you acknowledge and agree that PetStar Australia may share and disclose your Contact Details, fostering preferences and foster registration number with Animal Rescues for the purpose of fostering, sheltering, caring and pounding Pets that have been rescued or are in need of rescuing.
- If you publish, post, submit or display your Animal Rescue Profile on, or via, the PetStar Australia Platform, you acknowledge and agree that PetStar Australia may share and disclose the following: (i) your Contact Details; (ii) veterinarian used by you; (iii) types of Pets you rescue; (iv) where you rescue the Pets (e.g. Council Pounds, private surrenders or, rural pounds); (v) if you are a registered charity; (vi) social media uses; (vii) length of time the rescue has been in operation; (viii)how you fundraise for donations; (ix) if a foster carer contract is used’ (x) average length of care needed by a Pet; and (xi) other statistical information about the Animal Rescue.
- You acknowledge and agree that PetStar Australia may disclose your Animal Rescue Profile (including all information contained therein) to:
  - Foster Carers for the purpose of registering and arranging for a Foster Carer to foster, shelter, pound and care for a rescued Pet;
  - Pet Owners for the purpose of arranging for the Animal Rescue to rescue or take possession or custody of a Pet belonging to a Pet Owner; or
  - Pet Buyers for the purpose of selling, transferring or arranging for the re-homing or adoption of a Pet in the custody of the Animal Rescue by a Pet Buyer.
Pet Owner obligations
- At the time a Pet Owner creates an Account with us, the Pert Owner must also provide PetStar Australia with registration information, including full name, date of birth, mobile number, address and email address. The only registration information (including Personal Information) that can be viewed by Animal Rescues and Pet Buyers is your Contact Details.
- You (as a Pet Owner) acknowledge and agree that:
  - the risk in the Pets, including from loss, injury or death of the Pet remains with the Pet Owner until delivered to the Pet Buyer or collected by the Pet Buyer (as the case may be); and
  - title to the Pets only passes to the Pet Buyer when the Pet Owner receives payment of the purchase price from the Pet Buyer and a transfer of ownership application has been processed by the relevant government pet registry.
  - must provide the Pet Buyer with a bill of sale in relation to the re-homed Pet, which must include: (i) a return and refund policy; (ii) responsible party and fees to deliver the Pet to the Pet Buyer and to return the Pet if the re-homing is unsuccessful.
- If a Pet Owner sells, transfers or otherwise organises for a Pet to be adopted or re-homed with a Pet Buyer, the Pet Owner must:
  - once payment has been made for the Pet (unless the Pet is adopted free of charge), arrange for the Pet to be delivered to the Pet Buyer or otherwise collected from the Pet Owner by the Pet Buyer;
  - sign any required consents or documents for the Pet Buyer to transfer ownership of the Pet to the Pet Buyer; and
  - provide the Pet Buyer with all necessary documents and certificates referred to in clause 8.4.
- If you publish, post, submit or display Pet Listing (including Pet Listing Content) on, or via, the PetStar Australia Platform, you (as a Pet Owner) warrant and guarantee that:
  - you own the Pet or otherwise have the legal right to sell or transfer the Pet to a Pet Buyer;
  - the Pet has: (i) received all vaccinations required by Animal Welfare Laws; (ii) been examined by a veterinarian and the veterinarian certificate detailing the results of that examination will be provided with the Pet; (iii) the Pet has not been diagnosed with any health problems by a veterinarian and is otherwise healthy at time of sale or adoption, unless stated in the veterinarians certificate or otherwise disclosed by the Pet Owner in writing before the Pet Buyer enters into possession of the Pet; (iv) been sterilised or neutered if require by Animal Welfare Laws and the desexing certificate from a veterinarian will be provided with the Pet; and (iv) the Pet has a valid and current microchip number.
  - all information or content you display, publish and upload to a Pet Listing is complete, current and accurate. You will immediately update your Pet Listing if any of the details or information in the Pet Listing is inaccurate, incomplete or out of date.
Pet Buyers
- Before purchasing Pets from Pet Owners or Animal Rescues, you should carefully review the Pet Listing. Pet Buyers should perform a search of the pet registry in their State or Territory to check the microchip number, species, breed, age and desexing status of Pet and whether the registration fee for a Pet have been paid.
- We do not recommend or endorse any Pet Owners or Animal Rescues (including Animal Rescue Profiles) or any Pet Listing Content, comments or submissions published, posted or appearing on a Pet Listing, the PetStar Australia Platform or our related social media pages. You acknowledge and agree that, to the maximum extent permitted by Relevant Laws:
  - PetStar Australia is not responsible for monitoring or censoring Pet Listings; however, we may (in our absolute discretion and with notice to you) remove, modify, refuse to publish or alter the Pet Listing if we consider that such Pet Listing do not comply with this agreement (including any of our policies or guidelines published by us from time to time);
  - PetStar Australia makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the PetStar Australia Platform, the Pets, or any other ancillary products or services made available to you on, or via, the PetStar Australia. You acknowledge that the Pets, or any other ancillary products or services made available to you on, or via, the PetStar Australia Platform are provided ‘as is’;
  - it is your responsibility to determine that the Pets or any other ancillary products or services made available to you on, or via, the PetStar Australia Platform, meets your specific needs;
  - PetStar Australia makes no representations, warranties or guarantees in relation to: (i) the health, fitness, vaccination or ownership status of any Pets supplied by a Pet Owner or Animal Rescue; (ii) the reliability, expertise, legitimacy, repute, or credibility of any Pet Owner or Animal Rescue; or (ii) the Pet Owner’s or Animal Rescue’s ability or willingness to sell, transfer, provide or deliver the Pets to you; and
  - PetStar Australia only connect Pet Owners or Animal Rescues with Pet Buyers. We do not act as the payment collection agent for Pet Owners or Animal Rescues. The Pet Buyer must arrange for payment, the transfer of ownership and collection of the Pet directly with the Pet Owner or Animal Rescue. We are not responsible for any transaction that occurs between a Pet Owner, Animal Rescue or Pet Buyer outside of the PetStar Australia Platform.
Restrictions
- You must not:
  - license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the PetStar Australia Platform available to any third party;
  - violate PetStar Australia’s or another person’s Intellectual Property Rights. For example, a Pet Owner must not upload or display photograph of a Pet that belongs to another person, unless you have consent from the copyright owner;
  - impersonate or pose as any other person, or misrepresent your true legal identity in your dealings with us or any other user of the PetStar Australia Platform;
  - modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the PetStar Australia Platform or your Account, including any images contained on the PetStar Australia Platform which belong to other advertisers or us;
  - access all or any part of the PetStar Australia Platform in order to build a product, service or code which competes with the PetStar Australia Platform; and
  - data mine the PetStar Australia Platform, conduct penetration testing of the PetStar Australia Platform nor access, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the PetStar Australia Platform that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party or corrupts, damages, degrades or disrupts the operation of the PetStar Australia Platform.
- We reserve the right to limit your use of the PetStar Australia Platform, your right to publish or display your Animal Rescue Profile, Foster Carer Profile, Pet Listings and/or your right to access and use any other ancillary products or services made available to you on, or via, the PetStar Australia Platform, including the right to restrict, suspend or terminate your Account if we believe you are in breach of this agreement or you are misusing the PetStar Australia Platform.
PetStar Australia obligations
- PetStar Australia shall use reasonable endeavours to provide you with access and use of the PetStar Australia Platform.
- In the event that PetStar Australia fails to provide you with access and use of the PetStar Australia Platform in accordance with clause 11.1, we will use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 11.1.
Fees
- We do not charge Pet Buyers a fee to access the PetStar Australia Platform. However, we reserve the right at any time to charge Pet Buyers a fee to continue to access and use the PetStar Australia Platform.
- To access and use the PetStar Australia Platform, we charge Pet Owners, Animal Rescues and Foster Carers a one-off up-front subscription fee as specified on the PetStar Australia Platform (Fee). No additional fees are payable to post or publish Pet Listings on, or via, the PetStar Australia Platform.
- The Fees displayed on the PetStar Australia Platform are current at the time of issue. The Fees and availability of Pets, Animal Rescues and Foster Carers and any other ancillary products or services made available on, or via, the PetStar Australia Platform, are subject to change effective immediately upon posting to the PetStar Australia Platform. You agree to pay the price current at the time of payment.
- Any fees and charges displayed on third party websites which are linked to the PetStar Australia Platform may not be correct and PetStar Australia are not bound by them.
- We reserve the right to vary the Fee or to charge additional fees to access new functions and features of the PetStar Australia Platform by providing you with 14 days’ written notice of these changes. If you do not agree to these changes, you may terminate this agreement no later 14 days after you have received written notice of the new fees. If we do not receive the written notice within 14 days, you will have deemed to have accepted the new fees.
Payment
- All Fees shown on the PetStar Australia Platform are displayed in Australian Dollars (AUD) and are inclusive of GST (if any) and Third Party Payment Processor fees.
- To the maximum extent permitted by Relevant Laws and unless otherwise stipulated in this agreement, you agree that the Fees are non-refundable.
- Pet Owners, Animal Rescues and Foster Carers must pay the Fee by debit card or credit card (Visa or Mastercard). We use a Third Party Payment Processors to process payments made to us. By making payment of the Fee or any other amounts owing to us under the agreement, you agree to provide our Third Party Payment Processors with accurate and complete billing information, for the purpose of processing your payment.
- We may, at our absolute discretion and without notice to you, change the payment methods that can be used to access and use the PetStar Australia Platform at any time.
Pet Listing Policy
- To create a Pet Listing, a Pet Owner or Animal Rescue must provide:
  - your Contact Details;
  - information about the Pet (including, but note limited to, how long have owned or sheltered the Pet, whether the Pet has been sterilised or neutered and microchipped, Pet name, type of Pet, breed, stage of life, date of birth or age, gender, size, whether the Pet is a bonded pair and pet behaviours) and whether the registration fee for a Pet have been paid; and
  - the fee to adopt or re-home the Pet.
- By advertising, uploading, transmitting, publishing or posting Pet Listings or otherwise communicating with Pet Buyers on the PetStar Australia Platform, you (as a Pet Owner or Animal Rescue) warrant that at all times:
  - you hold all necessary rights, licences and consents to upload or publish the Pet Listing Content on, or via, the PetStar Australia Platform;
  - nothing in your Pet Listings will cause you or us (or anyone else) to breach any Relevant Laws;
  - you have the right to sell, transfer or re-home the Pets subject of the Pet Listing and you warrant that all Pets subject of your Pet Listing have been sterilised or neutered and microchipped;
  - no Pet Listing is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or privacy or false and misleading;
  - the Pet Listing does not contain, nor will they cause, any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  - nothing in the Pet Listing would bring PetStar Australia or the PetStar Australia Platform, into disrepute or adversely affect the reputation and goodwill of the PetStar Australia Platform or PetStar Australia;
  - the Pet Listing does not infringe the Intellectual Property Rights or other rights of any person; and
  - the Pet Listings are accurate and up-to-date (including, but not limited to, the date the Pet was sterilised or neutered by the vet, the name, date of birth, gender, colour and microchip number of the Pet).
- You (as a Pet Owner or Animal Rescue) acknowledge and agree that PetStar Australia is reliant on you for direction as to the extent PetStar Australia is entitled to use, publish, transmit, market, promote, advertise or display Pet Listings on, or, via the PetStar Australia Platform. Consequently, you (as a as a Pet Owner or Animal Rescue) warrant that, in relation to any Pet Listings uploaded, published or posted on, or via, the PetStar Australia Platform:
  - has been shared, uploaded, published and posted in accordance with the Relevant Laws; and
  - you own all Intellectual Property Rights in the Pet Listing Content, or you have a licence or have obtained the informed consent or authority from the owner of the Pet Listing Content, for PetStar Australia to use, publish, transmit or display the Pet Listing Content on, or via, the PetStar Australia Platform.
- You (as a Pet Owner or Animal Rescue) must not publish, post, transmit or upload Pet Listings on, or via, the PetStar Australia Platform that:
  - contain confidential information;
  - are knowingly inaccurate, misleading or deceptive or fraudulent (including, but not limited to, as a result of you having impersonated another person or misrepresented your identity);
  - are defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including PetStar Australia or our Personnel;
  - are aimed at disparaging or damaging the reputation or goodwill of our business, the PetStar Australia Platform, our social media pages, or any of our Personnel and third parties connected to us; or
  - constitute or comprise any other material whatsoever which contravenes this agreement.
- You acknowledge that it is your responsibility to ensure that all communications with other users of the PetStar Australia Platform are polite, respectful and courteous.
- PetStar Australia is not responsible for monitoring or censoring Pet Listings; however, we may, at our absolute discretion, monitor, censure, remove, modify, suspend or refuse to publish or alter any Pet Listings or we may restrict, suspend or terminate your Account (with or without notice to you) if:
  - PetStar Australia considers that such Pet Listings do not comply with this clause 14 (Pet Listing Policy), any other term of this agreement or any of PetStar Australia’s policies or guidelines published by PetStar Australia from time to time; or
  - PetStar Australia receive a complaint from a third party that you are infringing their Intellectual Property Rights or other rights. PetStar Australia may investigate any complaint within a reasonable period of time and we may let you know the outcome of its investigation.
- You may make a complaint that the Pet Listing published by a Pet Owner or Animal Rescue contravenes the Pet Listings Policy by emailing us at info@PetStaraustralia.com.au. PetStar Australia shall use reasonable endeavours to investigate the complaint and remove any Pet Listing that has been published in contravention of the Pet Listing Policy within a reasonable period of time. We are under no obligation to notify you of the outcome of our investigation or whether the Pet Listing complained about by you has been removed by us.
Intellectual Property Rights
- You acknowledge that, notwithstanding anything else, PetStar Australia and/or our licensors own all Intellectual Property Rights in the PetStar Australia Platform including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the PetStar Australia Platform (and anything arising or generated therefrom) (collectively, the PetStar Australia IP). Accessing and using the PetStar Australia Platform does not give you (or anyone else) ownership of, or any right, title or interest in any of the PetStar Australia IP, all of which is, and will remain, owned by PetStar Australia or our licensors.
- All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the PetStar Australia Platform will automatically vest in, and are assigned to, PetStar Australia.
- By creating an Account and/or publishing, uploading or submitting an Animal Rescue Profile or Foster Care Profile on, or via, the PetStar Australia Platform, you grant PetStar Australia for the Term a royalty-free, non-exclusive, sub-licensable, transferable and worldwide licence to use your Account, Pet Listing Content and Animal Rescue Profile or Foster Care Profile (including registration information and Personal Information) for the purpose of:
  - providing you with access to, and use of the PetStar Australia Platform and any ancillary products or services made available on, or via, the PetStar Australia Platform or for marketing purposes;
  - informing you about other products or services that PetStar Australia may offer from time to time or in relation to third party products and/or services offered by us;
  - complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;
  - using usage patterns, trends, and other statistical or behavioural data derived from use of the PetStar Australia Platform for the purposes of providing, operating, maintaining, or improving the PetStar Australia Platform or our other products and services; and
  - sharing Pet Listing Content with an Affiliate or other third party (with whom PetStar Australia may contract or be affiliated with from time to time) for the purposes of performing or improving the PetStar Australia Platform.
Warranties
- To the maximum extent permitted by the Relevant Laws, PetStar Australia excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the PetStar Australia Platform.
- Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
- You acknowledge and agree that, to the extent permitted by Relevant Laws, PetStar Australia makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the PetStar Australia Platform or any other ancillary products or services made available to you on, or via, the PetStar Australia Platform. You acknowledge that the Animal Rescues, Foster Carers, Pets or any other ancillary products or services made available to you on, or via, the PetStar Australia Platform are provided ‘as is’ and PetStar Australia will not be liable if the PetStar Australia Platform, Animal Rescue Profiles or Foster Care Profiles, Pets or any other ancillary products or services made available to you on, or via, the PetStar Australia Platform, are unavailable for any reason, including directly or indirectly as a result of:
  - telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  - negligent, malicious or wilful acts or omissions of third parties (including PetStar Australia’s third party service providers or other users of the PetStar Australia Platform);
  - maintenance (scheduled or unscheduled) carried out by PetStar Australia’s or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the PetStar Australia Platform;
  - products or services provided by third parties (including internet service providers, Pet Owners, Animal Rescues and Foster Carers) ceasing or becoming unavailable; or
  - a Force Majeure Event.
- You warrant, acknowledge and agree that:
  - your use of the PetStar Australia Platform has not been made on the basis of any representations made by PetStar Australia regarding future features or functionality of the PetStar Australia Platform;
  - you (as a Pet Owner or Animal Rescue) have the right to post, publish and reproduce the Pet Listing Content published or displayed on the Pet Listing (and all Intellectual Property Rights contained therein), and to grant us the right to post, publish and reproduce the Pet Listing Content on the PetStar Australia Platform or any of our social media pages;
  - you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights; and
  - PetStar Australia makes no representations, warranties or guarantees that: (i) a Pet Owner will sell or transfer a Pet to a Pet Buyer, or that the Pet Buyer will re-home, adopt or purchase a Pet from a Pet Owner; (ii) any Pet Listing is accurate, complete or up-to-date; (iii) that any Pet displayed by you is available to be purchased or re-homed or is accurately described in the Pet Listing or that the Pet Owner has the right to sell the Pet to the Pet Buyer; or (iv) any Animal Rescue and Foster Carer is willing or able to rescue, shelter, pound or care for a Pet.
Limitation of Liability
- To the fullest extent permitted by the Relevant Law, PetStar Australia will not be liable to you or any third party for any Loss arising out of, relating to, or connected to:
  - the purchase or sale of a Pet;
  - the rescue, breeding, raising, pounding or sheltering of a Pet by a Animal Rescue;
  - the foster caring of a Pet by Foster Carer;
  - your access to, or use of, the PetStar Australia Platform (or any other ancillary products or services made available to you on, or via, the PetStar Australia Platform); and/or
  - this agreement,
  regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
- Under no circumstances will PetStar Australia’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fee paid by you to PetStar Australia.
- You agree to defend, indemnify and hold PetStar Australia, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Losses and Claims that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
  - the access and use by you, your Personnel, your Affiliates or any third party of the PetStar Australia Platform;
  - a breach by you, your Personnel or your Affiliates of any Relevant Laws or the Intellectual Property Rights of PetStar Australia or any third party;
  - any breach by you or your Personnel of any Relevant Laws; or
  - any breach by you, your Personnel or your Affiliates of this agreement.
Privacy
- All Personal Information you provide to open an Account, create a Animal Rescue Profile or Foster Care Profile (as the context permits) and any Pet Listing you upload, generate, share, or publish on, or via, the PetStar Australia Platform, is subject to our Privacy Policy, which is incorporated into this agreement. PetStar Australia will not sell your Account and registration information to any third party.
- You warrant that, in relation to any Personal Information comprising your Account, Animal Rescue Profile or Foster Care Profile (as the context permits) and any Pet Listing you upload, generate, share, or publish or any other information disclosed to PetStar Australia on, or via, the PetStar Australia Platform:
  - it has been collected in accordance with Privacy Laws;
  - you have the authority to upload, post, publish or otherwise transmit such information on, or via, the PetStar Australia Platform; and
  - you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for PetStar Australia to use, disclose, store, transfer, process or handle it.
Termination
- During the Term you may terminate this agreement at any time by completing and submitting a ‘Contact Form’ stored or displayed on the PetStar Australia Platform. If you terminate the agreement, you are not entitled to a pro rata refund of the Fee.
- PetStar Australia may terminate the agreement any time (without liability to you) by giving you 14 days’ written notice.
- Either party may terminate this agreement by giving notice with immediate effect if the other party:
  - breaches any material term of this agreement and such breach is not remedied within five Business Days after receiving notice of the breach;
  - breaches any material term of this agreement and such breach is not capable of remedy; or
  - suffers an Insolvency Event.
- You agree that PetStar Australia may, at any time and at our absolute discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
  - your Account or your Animal Rescue Profile or Foster Care Profile (as the context permits);
  - Pet Listing and Pet Listing Content;
  - the PetStar Australia Platform;
  - any social media pages linked to its business or the PetStar Australia Platform; or
  - any other products and services offered on, or via the PetStar Australia Platform (including third party products and services).
- Cause for such suspension or termination under clause 19.4 may include, but are not limited to:
  - any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy and Pet Listing Policy) and any other agreements entered into between the parties;
  - providing false or misleading information and/or documents about a Pet (including, but not limited to, false or misleading microchip number, false or misleading information about a Pet’s health status or neutering status or false or incomplete health or vaccination records about a Pet, false or misleading ownership documents, false or misleading description of the Pet or false or misleading veterinarian care information and records);
  - in the case of Foster Carers or Animal Rescues, failing to take reasonable care of a Pet or failing to ensure that the Pet has received all necessary veterinary or health care during the fostering period;
  - in the case of Pet Owners, you fail to deliver the Pet to the Pet Buyer after the Pet Buyer has purchased or adopted the Pet;
  - serious or repeated breaches or violations of PetStar Australia’s or another person’s Intellectual Property Rights or privacy rights;
  - your activities, conduct or transactions on, or, via, the PetStar Australia Platform, brings, or has the capacity to bring, PetStar Australia into disrepute; or
  - requests by law enforcement or other government agencies.
- If PetStar Australia terminates the agreement in accordance with clause 19.4, you acknowledge and agree that you are not entitled to a refund of the Fee.
- You agree that all such suspensions or terminations shall be made at our absolute discretion and that PetStar Australia shall not be liable to you or any third party for any such suspension or termination.
Effect of termination
- On termination of this agreement for any reason:
  - all licences and rights of access granted to you under this agreement will immediately terminate; and
  - PetStar Australia will disable your Account, Animal Rescue Profile or Foster Care Profile (as the context permits), and your Pet Listing will no longer be accessible by you through the PetStar Australia Platform. All information that is no longer needed by us will be securely destroyed or de-identified; however, PetStar Australia may be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.
Third party websites
- The PetStar Australia Platform or any Animal Rescue Profile or Foster Care Profile (as the context permits) may contain third party content or content that may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the PetStar Australia Platform. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites, resources, products or services, and accept no responsibility for them or for any Loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites for your information and convenience.
- Links, references or other connections to these websites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
- Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites or third-party suppliers that you visit or transact with.
Dispute Resolution
You must, before resorting to court proceedings, refer any dispute with PetStar Australia (excluding complaints between Pet Owners, Animal Rescue, Pet Buyers or Foster Carers) under or relating to this agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
Force Majeure
We will have no liability to you (whether you are a Pet Owners, Animal Rescue, Pet Buyers or Foster Carers) or anyone else under this agreement if it is prevented from or delayed in performing its obligations under this agreement or otherwise, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, pandemics, epidemics, mandatory government lock-downs, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
Updates
- Without notice to you, PetStar Australia may, at our absolute discretion, from time to time:
  - change, add or delete the functions, features, performance, or other characteristics of the PetStar Australia Platform; or
  - apply or install updates to, or new versions of, the PetStar Australia Platform.
- You acknowledge that the Content, Pet Listing Content, Animal Rescue Profile and Foster Care Profile on the PetStar Australia Platform are subject to change at any time and may be out of date at any given time. PetStar Australia are under no obligation to:
  - update, correct or fix any Content, Pet Listing Content, Animal Rescue Profile, Foster Care Profile or errors in the PetStar Australia Platform. However, we may, at our absolute discretion, provide you with standard user support services during Business Hours; and/or
  - notify you of any changes to the Content, Pet Listing Content, Animal Rescue Profile, Foster Care Profile or the PetStar Australia Platform unless required by a Relevant Law to do so.
Notice
- By accessing and using PetStar Australia Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the PetStar Australia Platform.
- You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
- Notice will be deemed received and properly served immediately when posted on the PetStar Australia Platform or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.
General
- A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
- If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
- Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement, except that PetStar Australia may assign, sell or transfer our rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of our business.
- Clauses 10, 12, 13, 15, 16, 17, 19, 20, 22, 23, 24, 25, 26, 28 and any other obligation which is expressed to, or by its nature, survive expiry or termination of this agreement, will survive expiry or termination of this agreement and are enforceable at any time at law or in equity.
- Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
- The laws of the state of New South Wales govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
Contact Us
If you have any questions about this agreement, please contact us via email at info@PetStaraustralia.com.au.
Definitions
- In this agreement, the following words shall have the following meanings:
  - Account has the meaning in clause 5.1.
  - Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
  - Animal Rescue means a person or organisation that: (i) operates an animal rescue, pound or shelter that is dedicated to rescuing and sheltering Pets that have been abandoned, rejected, surrendered or abused by their owner; and (ii) facilitates the adoption or rehoming of Pets (which includes vet care prior to rehoming, vaccination, desexing and microchipping).
  - Animal Rescue Profile has the meaning in clause 7.1.
  - Animal Welfare Laws means any relevant laws, regulations, codes of conduct or rules in Australia in relation to breeding, rearing, pounding, sheltering, sale or rehoming of Pets (including, but not limited to, the Domestic Animal Act 1994 (Vic), Domestic Animal Regulations 2015 (Vic) and Code of practice for the operation of breeding and rearing businesses 2014 (revised 2018)) Companion Animals Act 1998 (NSW) and the Companion Animals Regulation 2018 (NSW), Prevention of Cruelty to Animals Act 1979 (NSW), the Prevention of Cruelty to Animals (General) Regulation 2006 (NSW) and the Animal Welfare Code of Practice – breeding dogs and cats (NSW)).
  - Business Days means each day excluding Saturdays, Sundays and public holidays in New South Wales.
  - Business Hours means 9:00am to 5:00pm local time on Business Days.
  - Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
  - Commencement Date has the meaning in clause 4.1.
  - Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, loss of enjoyment and non-economic loss; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; (iv) personal or real property, or for any personal injury or death, loss of enjoyment and amenities; (v) loss or damage of the nature set out above in clauses (i) to (iv) (inclusive) that is incurred or suffered by or to a third party.
  - Contact Details means: (i) in the case of Animal Rescues, the director’s or owner’s full name, address, email and phone number of the Animal Rescue; or (ii) in the case of Foster Carers, your name, address or location, preferred method of contact (eg email, text message or phone); or (iii) in the case of Pet Owners, your full name, suburb, email, contact number and how your preferred method of contact.
  - Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the PetStar Australia Platform.
  - Fee has the meaning in clause 12.2.
  - Foster Carer means a person who shelters, rears and carers for a Pet outside of an Animal Rescue until the Pet is fit for sale, adopted or re-homed or returned to the Animal Rescue.
  - Foster Carer Profile has the meaning in clause 7.2(a).
  - Force Majeure Event has the meaning in clause 23.
  - Insolvency Event means a liquidation or winding up, the appointment of a controller, administrator, receiver, manager or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to the above events.
  - Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
  - Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
  - Maddie’s University means the online university providing training and education in relation to animal welfare, the website being www.university.maddiesfund.org/.
  - Password has the meaning in clause 5.2.
  - Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
  - Pet means a dog, cat or other domesticated animal that PetStar Australia permits to be listed or published on the PetStar Australia Platform from time to time.
  - Pet Buyer means a person who accesses and uses the PetStar Australia Platform to view Pet Listings displayed or published by Pet Owners and Animal Rescue on, or via, the PetStar Australia Platform.
  - Pet Listing means an advertisement or profile of a Pet that is available for purchase, adoption or rehoming, and which includes the Pet Listing Content.
  - Pet Listing Content means any content, text, graphics, images, photographs, and footage contained within a Pet Listing and uploaded, transmitted or posted by a Pet Owner or Animal Rescue on or via, the PetStar Australia Platform.
  - Pet Owners means a pet owner who wants to re-home, transfer or sell a Pet.
  - Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
  - Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.
  - PetStar Australia, we, our or us has the meaning in clause 1.1, and where the context permits, our Personnel and Affiliates.
  - PetStar Australia IP has the meaning in clause 15.1.
  - PetStar Australia Platform means the online marketplace and animal rescue and adoption directory (including all Intellectual Property Rights contained therein) owned and operated by PetStar Australia and made available to Pet Owners, Pet Buyers, Foster Carers and Rescues via the Site.
  - Privacy Policy means our privacy policy available on the Site or any other internet site notified by us from time to time, which is incorporated into this agreement.
  - Registration Portal means the registration portal on the Site used by you to access and use the PetStar Australia Platform.
  - Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world, and includes Animal Welfare Laws and Privacy Laws in the state or territory of Australia in which you operate.
  - Site means the PetStar Australia website www.PetStaraustralia.com.au and any social media linked pages, or any other internet site notified by PetStar Australia from time to time.
  - Term has the meaning in clause 4.1.
  - Third Party Payment Processor means Stripe and any other a third party payment processor permitted by PetStar Australia from time to time.
  - User Name has the meaning in clause 5.2.
  - you or your has the meaning in clause 1.1 and where the context permits, is a Animal Rescue, Foster Carer, Pet Owner or Pet Buyer.