General Terms of Service

Last updated: 7 February 2024

Welcome to PetCrib.

PetCrib Pty Ltd ABN 28 666 822 715 of Suite 27, Level 1, 285a Crown Street, Surry Hills NSW 2010 (PetCrib, we, us, our or Company) provides an online marketplace which facilitates the connection of its users (Users) to pet hosts (Pet Hosts) for the purpose of booking pet hosting services (Platform).

By making use of or accessing the Platform, you (you, your or User) agree to comply with and be legally bound by these terms of use (Terms) and our Privacy Policy (which can be accessed here) (Privacy Policy), whether or not you register as a user on the Platform. For this reason, it is important to review these Terms carefully.

You agree that these Terms are enforceable in the same manner as any written negotiated contract bearing your signature. If you do not agree to these Terms, you must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.

The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform you represent and warrant that you are 18 or older. The Platform allows pet hosts to set up listings to offer hosting services, and Pet Owners may find, initiate, and book these hosting services.

YOU ACKNOWLEDGE AND AGREE THAT PETCRIB IS NOT A PARTY TO ANY AGREEMENTS BETWEEN PET HOSTS AND PET OWNERS. PETCRIB HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF PET HOSTS, PET OWNERS, PETS, OR ANY OTHER USERS OF THE PLATFORM OR PET HOSTING SERVICES. PETCRIB DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. Definitions

For the purposes of these Terms:

(a) Booking is the engagement of a Pet Host by a Pet Owner via the Platform with respect to the provision of Pet Hosting Services, on the terms agreed between the relevant Pet Owner and Pet Host.

(b) Booking Fee is the Fee payable by a Pet Owner upon making a Booking for Pet Hosting Services via the Platform. 

(c) Content refers to content contained on the Platform such as text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials that can be posted, uploaded, linked to, or otherwise made available by the User on the Platform, as applicable, regardless of the form of that content.

(d) GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). 

(e) Listing means an advertisement by a Pet Host on the Platform for Pet Hosting Services that the Pet Host is offering to provide to Pet Owners.

(e) Loss means any damage or loss (including legal costs and expenses on a solicitor and own client basis, special, incidental, indirect, or consequential damages or loss, cost, expense, action, claim, demand, proceeding, injury or liability. For the avoidance of doubt, Loss may include (but is not limited to) damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with the matters contemplated by these Terms. 

(f) Payment Gateway means the application on the Platform pursuant to which Pet Owners can make payments, which may be operated by a third party payment processor.

(g) Pet means the pet with respect to which the Pet Owner is seeking and or books Pet Hosting Services.

(h) Pet Host means a person who completes the PetCrib account registration process as a Pet Host and advertises the provision of Pet Hosting Services via the Platform. 

(i) Pet Hosting Services means services provided by Pet Hosts to Pet Owners pursuant to a Booking, including without limitation the provision of hosting services of Pets for overnight or day care services. 

(k) Pet Hosting Fee means the Fee payable by Pet Owners to Pet Hosts for the provision of Pet Hosting Services pursuant to the relevant Booking.

(l) Pet Owner refers to a person who completes the PetCrib account registration process as a pet owner as set out on the Platform and searches for and/or books Pet Hosting Services via the Platform.

2. Pet Hosts

The Platform is a platform through which people may obtain pet hosting services from Pet Hosts. We operate the Platform solely as an introductory service and we take no part in the provision of Pet Hosting Services.

All persons who obtain Pet Hosting Services from Pet Hosts through the Platform are solely responsible for determining the suitability of the relevant Pet Host for their particular needs.

If you are a Pet Host, you acknowledge and agree that additional and/or modified terms and conditions will apply to your access and use of the Platform. Such terms and conditions are available from the Platform after creating a Pet Host account, logging in to your Pet Host account and submitting a Listing for review.

3. How the PetCrib Platform works

Pet Hosting Services available from Pet Hosts are shown on the Listings on the Platform. If you want to book Pet Hosting Services provided by the Platform or set up a Listing for yourself, you need to register first in order to create an account.

To make a Booking, the Pet Owner must pay the Booking Fee and the Pet Hosting Fee pursuant to that Booking via the Payment Gateway.

PetCrib connects Pet Owners and Pet Hosts and provides the Payment Gateway as set out in these Terms. However, PetCrib plays no role in the agreements between Pet Owners and Pet Hosts with regards to the Booking Fee, Pet Hosting Fee, or the provision or receipt of Pet Hosting Services. Pet Owners and Pet Hosts are solely responsible for such agreements.

The Pet Owner can use the Payment Gateway to pay the Pet Hosting Fee and the Booking Fee applicable to a Booking at the time both the Pet Owner and the Pet Host have agreed on the Booking through the Platform. PetCrib cannot and does not control any listings or Pet Hosting Services. Each pet owner uses the platform and the pet hosting services provided by pet hosts at his or her own risk.

In consideration of each User enjoying the Platform:

(a) the Pet Host must not provide any Pet Hosting Services or similar services to that Pet Owner; and

(b) the Pet Owner must not solicit any Pet Hosting Services or similar services from that Pet Host,

except through the ongoing use of the Platform. You acknowledge that any breach by you of this section would cause harm and damage to PetCrib and the covenants contained in this section are fair and reasonable.

3.2 Account Creation

In order to use all of the Platform’s features, you must create an account and complete all mandatory fields. When creating an account, you agree that:

(a) you will not provide any false personal information and will keep your personal information accurate and up to date;

(b) you will not use a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene;

(d) you will not allow anyone else to access your account;

(e) you will not create a new account if your account is disabled;

(f) we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and

(g) we have the right to terminate your access to the Platform, at any time, in our sole discretion, without notice.

Failure to comply with the above obligations constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform.

3.3 Account Termination or Deletion

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

If you wish to terminate your Account, you may simply discontinue using the Platform or delete your Account from the Platform, or contact support@petcrib.com.au for help.

4. Security

You must ensure that all login IDs and passwords required to access the Platform are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of Our computing systems and networks and your access to the Platform.

We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any Loss suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.

5. Content

You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness.

By posting Content to the Platform, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms.

You represent and warrant that: (i) any Content posted by you is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; (ii) the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iii) you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.

PetCrib reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. PetCrib further reserves the right to make formatting and edits and change the manner of any Content.

6. Fees and Payment

Registering on the Platform is free. To register an Account, Users must complete the registration process in the manner described on the Platform.

For each booking which you make with a Pet Host through the Platform, you agree to pay the following fees to us:

(a) a fee for pet hosting services of an amount specified on the Platform (Pet Hosting Fee) which may vary depending on:

(i) the pet hosting rates of the relevant Pet Host; and

(ii) the duration of the Pet Hosting Service; and

(b) a booking fee of an amount specified on the Platform (Booking Fee).

You acknowledge and agree that:

(c) (our liability to you or any other person is not increased by virtue of the fact that we collect any Pet Hosting Fees or Booking Fees as part of any booking;

(d) we may require the use of any method of payment on the Platform as we decide in our discretion;

(e) all Pet Hosting Fees and Booking Fees are payable in Australian Dollars (AUD$), unless otherwise specified, and you are solely responsible and liable for the payment of any foreign exchange or currency conversion fee charged by our third party payment processor, or by your financial institution; and

(f) we may increase or decrease Pet Hosting Fees and Booking Fees, or introduce new fees for bookings, at any time without prior notice to you.

We may allow you to store credit or debit card information or other payment information on the Platform. If you wish to designate a different payment method, or if there is a change in your credit or debit card status, you may access and modify your payment information using the Platform.

Unless otherwise expressly stated by us, all Consultation Fees and Bookings Fees are inclusive of goods and services tax (GST).

6.2 Booking Fee

The Booking Fee covers the costs of payment processing and a broad spectrum of operating costs and helps fund safety measures such as our vetting process of Pet Hosts.

The Booking Fee is payable by the Pet Owner in addition to the Pet Hosting Fee and may vary depending on the terms of the relevant Booking. The Booking Fee is non-refundable unless and to the extent that these Terms provide otherwise.

6.3 Cancellation Fee

Without limiting the remainder of these Terms, if a Pet Owner cancels a Booking within 48 hours of the start time of the Booking, the Pet Owner may be required to pay the relevant Pet Host a cancellation fee in accordance with the terms of the relevant Booking (Cancellation Fee).

6.4 Refunds and Chargebacks

Subject to paragraph 6.3 above, we will provide a full refund of the Pet Hosting Fee paid for any Booking which is cancelled more than 48 hours before the scheduled start time for a booking. No refunds will be given for any Booking which is cancelled within 48 hours of the scheduled start time.

If you initiate a chargeback on your credit or debit card, or take any similar action, you must pay us a chargeback fee of AUD $30 on demand. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.

6.5 All Fees

Any changes to any of the Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Each User accepts the responsibility to pay the amounts payable with respect to such Fees, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that PetCrib accepts.

7. Bookings

7.1 Role of PetCrib

Our role is one of a facilitator between the Pet Owner and the Pet Hosts using the Platform. We are, therefore, a third party in the Bookings, which limits our liabilities in any disputes between the Pet Owners and the Pet Host. We are not a party to any agreement the Pet Owners have with the Pet Hosts. Any agreement Pet Owners enter with the Pet Hosts does not form a part of any agreement We have with you.

7.2 Pet Owners

If you wish to make a Booking on the Platform, you may be asked to supply certain information relevant to your Booking including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Booking; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of the Booking.

7.3 Credit Card

If you make any payments for using the Platform, including to make a Booking, or Pet Hosting Services with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise PetCrib, or a third party engaged by PetCrib for the purpose of operating the Payment Gateway or other payment system on the Platform (Payment Gateway Provider) to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST (where applicable). All payments and purchases made in connection with PetCrib are non-refundable unless otherwise expressly stated in these Terms.

Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the supply or the use of the Platform or Pet Hosting Services. you are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, the Platform.

By submitting credit card details to PetCrib, Users agree that: PetCrib may disclose those details to the Payment Gateway Provider and;

where applicable, those credit card details may be retained by the Payment Gateway Provider(s) in accordance with their terms and conditions or privacy policy (as applicable);
the Payment Gateway Provider(s) are authorised to charge the User’s credit card, without further notice to the User, for amounts due with respect to amounts payable by the User under these Terms, including the Booking Fee and the Pet Hosting Fee, and any other amounts due by a Pet Owner to a Pet Host, to PetCrib, or to Third Party Providers in accordance with these Terms; and
the User will pay, on demand, any costs or expenses that PetCrib incurs in relation to a Pet or a Booking including those that are related to the credit card (such as merchant, dishonor, interest and overdrawing fees), medical expenses, council fines, pound charges or any additional charges related to rebookings.

7.4 Booking Modification

You and the Pet Hosts are responsible for any Booking modifications you agree to make via the Platform and agree to pay any additional amounts, fees, or taxes associated with any Booking modification. Any agreement, including in relation to any Booking Modification between a Pet Host and Pet Owner are between those parties directly. PetCrib is not a party to any such agreement.

7.5 PetCrib Cancellation Rights

PetCrib reserve the right to refuse or cancel Booking at any time for any reason at its discretion, including but not limited to:

Pet Host availability;
errors in the description or prices for Bookings or mistakes in information provided by Pet Host or Pet Owner; or
if fraud or an unauthorized or illegal transaction or trade is suspected.

7.6 Booking Cancellation by Pet Hosts

If a Pet Host cancels a paid booking, the Pet Host is required to immediately message the Pet Owner to notify the Pet Owner about the cancellation.

PetCrib will refund the full amount paid to the Pet Owner, and we will aim to help the Pet Owner find a replacement Pet Host.

If something outside your control requires you to cancel a Booking, or if you think your Booking should be refunded, contact Us at support@petcrib.com.au.

7.7 Disputes

PetCrib is committed to providing a safe and reliable platform to help connect Pet Hosts and Pet Owners.

If you have an issue or dispute with another User (including a Pet Host or Pet Owner), it is your responsibility to resolve such issue or dispute directly with that User.

Except as permitted by law, in the event of a dispute between you and us, or between you and any other User that you have failed to resolve independently, you must:

(a) notify us of the dispute by emailing us at support@petcrib.com.au;

(b) provide us with full and complete details of the dispute; provide such supporting information or documents as we reasonably request; and

(c) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

Please ensure all your communication with other Users is via the platform so there is documented support.

8. Failure to retrieve Pet(s)

If a Pet Owner makes a Booking with a Pet Host for Pet Hosting Services and fails to retrieve the relevant Pet(s) within five (5) days (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Pet Hosting Services, the Owner agrees that PetCrib, at the request of and with the assistance of the Pet Host, may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities. Each Pet Owner agrees that they are solely responsible for and indemnify PetCrib for all Loss, costs, expenses and liabilities that PetCrib may incur arising directly or indirectly from the Pet Owner failing to retrieve the relevant Pets with respect to any Booking of the Pet Owner.

Nothing in these Terms operates to limit any applicable laws that may apply to a Pet Owner’s failure to retrieve Pet(s) with respect to any Booking of the Pet Owner, including any applicable animal abandonment or cruelty laws.

9. Property Damage

You acknowledge and agree that PetCrib does not have any responsibility to reimburse or otherwise cover you for any Loss, including any property damage whatsoever, and you hereby indemnify, release and hold harmless PetCrib with respect to any Loss, cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Hosting Services, including with respect to any damage of property.

PetCrib is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Pet Hosting Services must be settled between the relevant Users.

Each User releases and indemnifies PetCrib with respect to any dispute between Users, including (without limitation) with respect to damaged property. This notwithstanding, PetCrib may elect, in its absolute discretion, to facilitate communication between disputing Users.

10. Disclaimer of Warranties and Limitation of Liability

10.1 Limitation of Liability

PetCrib, including its contractors, officers, directors, shareholders, employees and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and you agree to release us from, all Loss whatsoever that might be suffered by you, any User or any other third party caused directly or indirectly by our provision or your use of the Platform, any services provided by us, the Pet Hosting Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) including, without limitation, loss or damage suffered as a result of negligence.

In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone or your nearest veterinary clinic, as appropriate. We are not responsible for Loss suffered by any person as a result of a failure by that person or any other person to contact appropriate emergency, including veterinary, services.

10.2 Dealings with other Users

You acknowledge that you are solely responsible for any relationship, agreement or arrangement between you and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users.

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way.

If you have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and Loss (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

10.3 Indemnity and Release

To the greatest extent permitted by law, you will at all times indemnify and keep indemnified Us and Our respective officers, employees, contractors, agents and representatives from and against any and all Loss incurred by any of those indemnified arising from any action, claim, demand, suit, action or proceeding (Claim) by any person against any of those indemnified where such Loss arose out of, in connection with, or in respect of:

(a) your use, non-use or misuse of the Platform;

(b) your breach of these Terms; and

You release Us and Our respective officers, employees, contractors, agents and representatives from all liability in relation to the matters described in this clause.

10.4 Links to Other Websites

Our Platform may contain links to third-party websites or services that are not owned or controlled by the PetCrib.

PetCrib has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. you further acknowledge and agree that PetCrib shall not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

10.5 Translation Interpretation

These Terms of Service may have been translated if We have made them available to you on our Service. you agree that the original English text shall prevail in the case of a dispute.

11. No Interference

You agree that you will not:

(a) use the Platform in any way that could damage our reputation or goodwill or other rights associated with the PetCrib brand or the Platform;

(b) permit any person to access and use the Platform other than in accordance with these Terms;

(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of the Platform by you or any other person;

(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from:

(i) reproducing, or otherwise modifying or adapting the Platform or create any derivative works based upon the Platform; or

(ii) decompiling, disassembling or otherwise reverse engineering the Platform or permitting or facilitating any third party to do so;

(e) when accessing and using the Platform:

(i) attempt to undermine the security or integrity of our computing systems or networks or, where the Platform is hosted or operated by a third party, the third party's computing systems and networks;

(ii) use, or misuse, the Platform in any way which may impair its functionality, or the functionality of any other system used to deliver the Platform, or impair the ability of any third party to lawfully use the Platform;

(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Platform is hosted or stored;

(iv) transmit, or inputt into the Platform any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate the Platform, except as is strictly necessary to use either of them for normal operation;

(vi) remove or modify any program markings or any notice of proprietary rights, including those of any third party;

(vii) use any automated processes or means to access the Platform;

(viii) use any software or manual repetition that will or is likely to interfere with the Platform; or

(ix) attempt to cause stress or detriment to the proper working of the Platform, such as by:

(A) acting in any way likely to cause an unreasonable strain to the infrastructure of the Platform;

(B) reloading or refreshing transaction pages more than once every 5 seconds; or

12. Availability

We will use our best endeavours to ensure that the Platform is accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to the Platform immediately, including where:

(a) there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of the Platform;

(b) it is reasonably required to reduce or prevent fraud or interference with the Platform;

(c) we are required to comply with an order, instruction or request of a government authority, or other such competent body; or

(d) we are otherwise prevented from making the Platform available by circumstances outside our reasonable control.

You acknowledge and agree that access to the Platform is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Platform, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use the Platform, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of the Platform to you via the Internet.

While we will use all reasonable endeavours to ensure that you have continuous access to the Platform, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.

We reserve the right to restrict of remove access to the Platform for the purpose of undertaking maintenance and updating of the Platform.

We do not warrant that any part of the Platform is or will be completely error free or free of defects. Certain parts of the Platform may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of the Platform are released on such an “alpha” or “beta” basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of the Platform which are released on an “alpha” or “beta” basis.

13. Copyright

Except as expressly stated by us, all Content and information contained within the Platform (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

14. Intellectual Property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in the Platform and that nothing in this agreement has the effect of, or should be construed as having the effect of, passing ownership of any of our IP Rights, or those of any third party, relating to, or in any way connected with, the Platform, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to the Platform and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be).

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

15. Continued Development

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning the Platform from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to the Platform or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

16. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using the Platform, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:

(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;

(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;

(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and

(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

17. Changes to these Terms of Use

PetCrib reserve the right to modify or replace these Terms at any time, including to vary, remove, or introduce Fees.

Please check our Platform regularly for updates to these Terms prior to making any new Booking. The current Terms at the date of any Booking will apply to that Booking.

Such modifications to these Terms will be effective immediately upon posting (or if a date is specified in the notice, that date). Any changes to Terms will not have retrospective effect and will only impact upon bookings made after the time of the change.

By continuing to access or use Our Service after those modified Terms become effective, you agree to be bound by the modified terms. Continued access or use of the Platform shall be deemed conclusive evidence of your acceptance of the modified Terms.

18. Confidentiality

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at support@petcrib.com.au.

19. Notices and Notifications

We may send or issue notices to you from time to time:

(a) through the user interface on the Platform; and/or

(b) by email.

You consent to receiving notices by the above electronic means, including for the purposes of the Electronic Transactions Act 2000 (NSW) or any equivalent legislation. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

20. General

20.1 Entire Agreement

This agreement contains the entire agreement between you and us about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is superseded and replaced by this agreement and has no further effect.

20.2 Jurisdiction

This agreement is governed by the law in force in the State of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this agreement. Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within New South Wales.

20.3 Severability

Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in full force and effect.

20.4 Waiver

Any failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under this agreement by us will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under this agreement.

Any waiver or consent given by us under this agreement will only be effective and binding on us if it is given or confirmed in writing by us. No waiver of a breach of any term of this agreement will operate as a waiver of another breach of that term or of a breach of any other term of this agreement.

21. Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in this agreement.

The following rules also apply to the interpretation of this agreement, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a rule, paragraph or schedule is to a rule or paragraph of, or schedule to, this document, and a reference to this document includes any schedule;

(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

(h) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it; and

(i) headings are for ease of reference only and do not affect interpretation.