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Terms and Conditions of
Business for registration with Pet Search
These terms and conditions, the completed registration form
and refund policy contain the terms of the agreement between you (the
Customer) and Lee Jefferies (trading as Pet Search) (Pet Search).
- Scope of Services
(a)
Pet Search provides the Services as listed in the Schedule below.
(b)
Pet Search has agreed to provide the Services to the Customer which have
been nominated by the Customer in the Registration Form and forwarded to Pet
Search by the Customer.
- Fees and Payment for Services
(a)
Pet Search charges the fees for the Services as set out in the Schedule
below. Pet Search reserves the right to vary these fees from time to time.
Should a fee increase occur while a Customer has already registered with Pet
Search, Pet Search will advise the Customer of the fee increase by providing
them with 30 days written notice.
(b)
Payment of fees may be made by credit card (Visa, Master Card) personal
cheque, cashiers cheque or money order.
(c)
Payment by credit card-In the event of payment by credit card, the
Customer authorises Pet Search to charge its nominated credit card with the
agreed fees and authorises Pet Search to charge the Card when any subsequent
payments are due in the event of an extension of the period for registration
with Pet Search. The Customer also agrees that Pet Search is entitled to include
a charge for the merchant fees charged by the relevant financial institution to
Pet Search and in the event Pet Search decides to pass on this charge, it will
advise as to the relevant charge prior to the Customer advising they wish to pay
by credit card. The Customer agrees to maintain current credit card information
with Pet Search.
(d)
Payment by Cheque-In the event of payment by cheque, the Customer
agrees to submit a cheque payable in Australian Dollars against a bank located
in Australia. Until the cheque has been cleared, Pet Search is not required to
commence providing the agreed Services. Should the Customer decide to extend
the registration period for the provision of Services, payment for all
subsequent fees must be received before the expiration of the final day of the
previous registration period. In the event a cheque has been refused, rejected
or returned, an administration fee of $25 will be charged to compensate Pet
Search for loss caused to it.
- Obligations of Pet Search
(a)
Pet Search will perform the Services in a professional manner.
(b)
Pet Search will use all reasonable endeavors to ensure its website
(http://www.petsearch.com.au)
(the Website) is operational but given the internet is an uncertain
environment it cannot guarantee the website will be operational at all times.
(c)
Pet Search will use its best endeavors to assist and advise the Customer
regarding the retrieval of their pet but cannot guarantee any such retrieval
will be successful.
(d)
Pet Search will use all reasonable endeavors to ensure its call centre is
operational but cannot guarantee it will be operating at all times.
(e)
Pet Search accepts no responsibility for actions taken or not taken by
third parties, including but not limited to delays in the delivery of or a
failure to receive posters sent to a Customer or distribution point in the mail;
errors made by third parties in relation to advertisements placed with them
concerning lost pets or delays in or the failure to provide information
concerning lost pets to Pet Search by organizations such as the RSPCA,
veterinarians or the local pound.
- Terms of use of the Website
The Customer’s use of the
Website is conditional upon compliance with the following terms of use. Pet
Search may amend these terms of use at any time and the Customer’s continued use
of the Website is considered to be acceptance of the amended terms of Use:
(a)
Copyright- The material on the Website, including all information
such as text, graphics, images, photographs and sound is protected by
copyright. The Customer must not alter, reproduce, store in a retrieval system
or transmit the material on the Website in whole or part, unless authorised by
Pet Search in writing or permitted by the Copyright Act 1968 (Cth).
(b)
Trade Marks-Any trade marks on the Website are the property of
their respective owners and are protected by relevant laws in Australia and
other countries. The Customer must not use any of these trade marks (including
the reproduction, modification, distribution, display or communication of these
trade marks) without the prior written consent of Pet Search or the owner of the
relevant trade mark.
(c)
Links from the Website- The external linked websites within the
Website are not within the control of Pet Search. Pet Search does not take
responsibility for the content in, or currency of, any externally linked sites.
The inclusion of any link within the Website does not imply endorsement by Pet
Search of the linked website, nor does it suggest any relationship with the
organisation linked.
(d)
Communication Facilities-The Website may contain forums and other
communication facilities which provide for feedback by users to Pet Search, real
time interaction between all users and other electronic messaging and notice
services. As a user of these facilities the Customer may not:
(i)
restrict or inhibit any other user from using or enjoying the forum;
(ii)
post or transmit any unlawful, threatening, abusive, defamatory, obsene,
vulgar, pornographic, profane or indecent information or material of any kind;
(iii)
post or transmit any material of any kind which violates or infringes
upon the rights of any person, including material which is in breach of privacy
laws or which is protected by copyright, trademark or any other proprietary
right;
(iv)
deface, delete or modify any information, documents, logos, text,
material, images, graphics, software, movies, videos or advertisements on the
Website;
(v)
post or transmit any material of any kind, which contains a virus or
other harmful component(s); or
(vi)
post or transmit any kind of material for commercial or personal purposes
unless with the written consent of Pet Search.
Pet Search reserves the right to
edit, refuse to post or to remove any information and/or materials it sees as a
violation of these terms of use. Pet Search does not endorse any material on
any forums unless it expressly states this to be the case.
(e) Limitation of liability- Pet Search makes
no warranties or representations about the Website or any of its content. Pet
Search is not responsible to the Customer or anyone else for any damages of any
kind, including (but not limited to) any direct or consequential loss and losses
resulting from security failure, disclosure of confidential information by other
parties or the transmission of a computer virus or otherwise suffered in
connection with the use of the Website whether based on breach of contract or
warranty, tort (including negligence) or otherwise. Pet Search excludes, to the
extent permitted by law, any liability which may arise as a result of the use of
the Website. By using the Website, the Customer agrees to indemnify Pet Search
for any loss or liability arising out of their use. Use of the Website is at the
Customer’s own risk and the Customer assumes full responsibility and risk of
loss resulting from its downloading, use of, or access to data, files,
information, or other material on or through the Website.
- Licences and Intellectual Property
(a)
The Customer is granted a non-exclusive, non-sub licensable licence to
use the Pet Search Website Listing Service during the term of these terms and
conditions.
(b)
The Customer acknowledges that any proprietary information owned by Pet
Search including, but not limited to, the Pet Search guides, tools and posters
remain the property of Pet Search and the Customer obtains no right or title
over such property. The Customer acknowledges and agrees that it is not
entitled to provide access to any of the Services to a third party.
(c)
Use of photographs, name, voice, video, email,
likeness & story - I understand that if Pet Search assists in finding my missing
pet, a photograph, likeness, voice, e-mail address and/or name of pet and myself
along with my pet's story may be posted on-line, in news media or in other
informational or marketing material. I understand that video may be used to
document my case. E-mails may be re-worded at the discretion of Pet Search.
- Confidentiality
(a)
The Customer agrees to take all proper steps to keep confidential all
confidential information received from Pet Search under these terms and
conditions, including but not limited to, information concerning Pet Search’s
business, customers, software technology and marketing.
(b)
The Customer agrees not to disclose any confidential information received
from Pet Search without Pet Search’s consent, unless disclosure is required by
law.
(c)
Confidentiality Surcharge - Occasionally a
client does not want use of photographs, name, voice, video, e-mail, likeness
and story posted on the website or news media. If your case is highly sensitive
and you want to hire us confidentially, there is a $1,000.00 Confidentiality
Surcharge.
- Liability, Warranties and Indemnities
(a)
Subject to clause 7(c), Pet Search makes no express warranties beyond
those stated in these terms and conditions. All conditions and warranties
implied by statute or common law, are to the extent permitted by law, expressly
excluded.
(b)
To the extent permitted by law, Pet Search excludes all liability to the
Customer for any loss or damage suffered by the Customer or any other person
howsoever arising (whether in negligence or otherwise). In particular, Pet
Search will not be responsible for any indirect or consequential loss or damage
of any kind in contract, tort, under any statute or otherwise.
(c)
Where the law implies any term into these terms and conditions and it is
prohibited to exclude or modify such terms, Pet Search’s liability for breach of
such terms is limited to one of the following options (at Pet Search’s option):
(i)
the re-supply of the agreed services or goods (or equivalent goods); or
(ii)
the payment of the cost of re-supplying the services or goods (or
equivalent goods).
(d)
Except where clause 7(c) applies, the total liability of Pet Search to
the Customer or any other person for loss or damage will not exceed in aggregate
the total amount of the fees payable under these terms and conditions.
(e)
You will indemnify and hold harmless Pet Search and its personnel from
and against any claims, costs and demands (including in respect of negligence
and arising out of injury to persons or property) by any third parties, arising
out of these terms and conditions.
(f)
Neither party will be liable for any delay or failure to perform its
obligations under these terms and conditions to the extent such delay or failure
is caused by a malfunction of any part of the internet or either party’s
internet infrastructure.
(g)
I understand that Pet Search provides services,
advice and expertise. I am solely responsible for following the advice of Pet
Search. If I decide to ignore or discount any advice, I acknowledge that I
might be risking the safe return of my pet. Pet Search cannot accept
responsibility for my lack of action. I understand that it requires commitment
and work on my part to get my pet back safely. I may be required to be present
for some of the search techniques. This may require that I change my schedule or
take off from work.
- Term
The initial term of these terms
and conditions will be 2 weeks (for dog/cat registrations) or 3 months (for
bird/ferret/rodent registrations). The Customer may request an extension of the
term for further periods of 2 weeks or 3 months (as is relevant). Pet Search
reserves the right to accept pre-payment of renewal periods and may from time to
time offer financial incentives for such pre-payments.
- Suspension and termination
(a)
Suspension- In the event the Customer is in breach of these terms
and conditions including but not limited to a failure to pay any fees owing or a
failure to comply with clause 4 (Terms of Use of the Website), Pet Search may
suspend the Customer’s account by deactivating any access by the Customer or by
web users to any information contained on the Pet Search database related to the
Customer’s account. Suspension will include disabling the Customer’s access to
information or data related to its account. In the event of a suspension, the
Customer will be notified and provided with 10 business days to amend such
breach. In the event the breach is not rectified within that time frame, Pet
Search is entitled to terminate these terms and conditions under clause 9(b).
Service fees will continue to accrue on suspended accounts and the Customer
will remain responsible for the payment of any such fees during any period of
suspension.
(b)
Termination-Pet Search may terminate these terms and conditions
immediately in the event of a failure to rectify a breach as provided for in
clause 9(a). Either party may terminate these terms and conditions by providing
30 days written notice to the other party prior to the commencement of a renewal
period.
(c)
In the event of these terms and conditions being terminated, any Service
fees paid in advance of the provision of Services will be refunded to the
Customer. Termination of these terms and conditions will not prejudice any
rights or obligations which have accrued at the date of termination.
- Amendments
Pet Search may amend these terms
and conditions from time to time and will do so by posting the amended version
of the terms and conditions on the Website. With the exception of notification
of any fee changes to existing customers, each and every amendment will be
effective immediately.
- Entire Agreement
These terms and conditions
constitute the entire agreement between the parties regarding the subject matter
contained in these terms and conditions and supersedes and replaces all
agreements, arrangements and undertakings relating to this subject matter,
whether reduced to writing or not that may have preceded these terms and
conditions
12.
Survivability
Clauses 2(d), 4, 5, 6, 7 and 9
survive termination or expiration of these terms and conditions.
13
Notice
All written
notices will be deemed to be given:
(i)
when sent by facsimile six (6) hours after dispatch when sent during
business hours, and six(6) hours after the commencement of business after
dispatch when sent at any other time;
(ii) when
delivered personally one (1) hour after delivery is effected;
(iii) when
sent by post, five (5) business days after the date of posting;
(iv) when
sent by email, upon the sender receiving back from the recipient’s email address
a confirmation read receipt (including any receipts generated by automated
means).
14
Assignment
The Customer may not assign any
of its rights under these terms and conditions without the prior written consent
of Pet Search.
15
Governing law
These terms and conditions are
governed by and construed in accordance with the laws of New South Wales and the
parties submit to the exclusive jurisdiction of the Courts of that State.
SCHEDULE
SERVICES AND FEES
Homeward Bound
v
Personal search consultation – tailored for
your pet, what to do & how to do it.
v
Tailored high impact lost pet poster for your
use – more people read & remember a pet search poster than any other lost pet
poster.
v
Internet publicity – On our site we will
include pictures and video of your pet and you can make an appeal video to
include as well. You also have the protection of using Pet Search contact
details online instead of your own.
v
Lost pet alert - We have lost pet helpers in
your suburb waiting to hear about a lost pet in their area so they can help you.
We will email them your pet’s details.
Success
Rate: 40-50% $92
Home Run
v
Personal search consultation – tailored for
your pet, what to do & how to do it.
v
Tailored high impact lost pet poster for your
use – more people read & remember a pet search poster than any other lost pet
poster.
v
Internet publicity – On our site we will
include pictures and video of your pet and you can make an appeal video to
include as well. You also have the protection of using Pet Search contact
details online instead of your own.
v
Lost pet alert - We have lost pet helpers in
your suburb waiting to hear about a lost pet in their area so they can help you.
We will email them your pet’s details.
PLUS
v
Utilise new technology to find your pet –
Twitter messages sent to over 450 subscribers
v
Get posters up on noticeboards fast - We
will print and distribute your pet’s full colour high impact lost pet poster to
all of the vets, pounds, pet shops, dog walkers, groomers, pet minders in a
20-30km radius of your area. Reach the people that help reunite lost pets
everyday - 30 posters
Success
Rate: 40-70% $212
Fast Track Home
- The fastest & most successful way to get your lost pet home!
v
Personal search consultation – tailored for
your pet, what to do & how to do it.
v
Tailored high impact lost pet poster for your
use – more people read & remember a pet search poster than any other lost pet
poster.
v
Internet publicity – On our site we will
include pictures and video of your pet and you can make an appeal video to
include as well. You also have the protection of using Pet Search contact
details online instead of your own.
v
Lost pet alert - We have lost pet helpers in
your suburb waiting to hear about a lost pet in their area so they can help you.
We will email them your pet’s details.
v
Utilise new technology to find your pet –
Twitter messages sent to 450 people
v
Get posters up on noticeboards fast - We will
print and distribute your pet’s full colour high impact lost pet poster to all
of the vets, pounds, pet shops, dog walkers, groomers, pet minders in a 20-30km
radius of your area. Reach the people that help reunite lost pets everyday. 30
posters included.
PLUS
v
local newspaper publicity
v
Bonus 5 high impact posters printed and
distributed to animal services
v
3 x High impact street signs to reach people
driving and walking around your area
v
Lost pet Emergency tools
o
Lost Pet Guide (specific for your type of pet)
o
Incoming phone call prompt sheet
o
Door to door questioning guide
o
Extract from Lost pet search book
Success
Rate: 40-85% $322
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