Terms of Use

Terms and Conditions

Welcome to petlistings.com.au. The petlistings.com.au website (the "Site") is comprised of various web pages operated by Pet Listings Pty. Limited ("Pet Listings"). petlistings.com.au is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of petlistings.com.au constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Petlistings.com.au is a Venue

Pet Listings is an online pet listing website that provides individuals, animal welfare organisations and breeders the ability to list their animals for sale. Individuals may also search for a new pet through our website listings.

Posting and / or Listing on Pet Listings

Pet Listings aims to promote responsible pet ownership and breeding. Therefore when posting and/or listing your pet on Pet Listings we expect you to adhere to our guidelines below. If any of these guidelines are not followed, your Pet Listings post and/or listing will not be approved and your account maybe banned without prior notice. We reserve the right at any time to block access to our services.

  • Pets should be advertised in the correct category and the full breed should be disclosed to any potential new owner. If a pet is a cross breed, then this should be stated clearly in the post and/or listing title or description.
  • No banned pet breeds should be advertised on the Pet Listings We will not accept posts and/or listings for exotic animals.
  • Pet Listings is not to be held responsible for any payment and/or transaction between the buyer and the seller. The two parties must meet certain criteria, including, but not limited to, contributing to animal abuse. The seller acknowledges that it is his responsibility to ensure that the animal in question is not being sold for illegal activity and that the buyer in question meets their expectation. NOTE: the latter line might need to be altered to say something along the lines “The seller must not knowingly sell an animal for use in illegal activity.”
  • The seller ensures that they abide by all relevant animal welfare legislation and acknowledges that Pet Listings may advise users of the Site and the general public of any sellers who have failed to abide by such legislation.

Privacy

Your use of petlistings.com.au is subject to Pet Listings’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting petlistings.com.au or sending emails to Pet Listings constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pet Listings is not responsible for third party access to your account that results from theft or misappropriation of your account. Pet Listings and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Links to Third Party Sites / Third Party Services

petlistings.com.au may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Pet Listings and Pet Listings is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pet Listings is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pet Listings of the site or any association with its operators.

Certain services made available via petlistings.com.au are delivered by third party sites and organizations. By using any product, service or functionality originating from the petlistings.com.au domain, you hereby acknowledge and consent that Pet Listings may share such information and data with any third party with whom Pet Listings has a contractual relationship to provide the requested product, service or functionality on behalf of petlistings.com.au users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use petlistings.com.au strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Pet Listings that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pet Listings or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pet Listings content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pet Listings and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pet Listings or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Pet Listings has no obligation to monitor the Communication Services. However, Pet Listings reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pet Listings reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Pet Listings reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pet listings’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pet Listings does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pet Listings specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pet Listings spokespersons, and their views do not necessarily reflect those of Pet Listings.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Petlistings.com.au or Posted on Any Pet Listing Web Page

Pet Listings does not claim ownership of the materials you provide to petlistings.com.au (including feedback and suggestions) or post, upload, input or submit to any Pet Listings Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pet Listings, our affiliated companies and necessary sublicenses’ permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pet Listings is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pet listings’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Pet Listings from our offices within Australia and elsewhere. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Pet Listings Content accessed through petlistings.com.au in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Pet Listings, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pet Listings reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pet Listings in asserting any available defences.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the Australian Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Employer agrees otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. NOTE: should read Pet Listings, right? 

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Petlistings.com.au and/or its suppliers may make improvements and/or changes in the site at any time.

Petlistings.com.au and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Petlistings.com.au and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall petlistings.com.au and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if petlistings.com.au or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

NOTE: the above clause is not compatible with the below clause

Termination / Access Restriction

Pet Listings reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Queensland and you hereby consent to the exclusive jurisdiction and venue of courts in Queensland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pet Listings as a result of this agreement or use of the Site. Pet listings’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pet listings’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pet Listings with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pet Listings with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pet Listings with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Pet Listings reserves the right, in its sole discretion, to change the Terms under which petlistings.com.au is offered. The most current version of the Terms will supersede all previous versions. Pet Listings encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Pet Listings welcomes your questions or comments regarding the Terms. Questions about the Terms of Service should be sent to us at our website or at our email hello@petlistings.com.au. or in writing to 16/47 Park Road, Milton, (in the state of) Queensland, 4064, Australia.

Acknowledgement

You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of pet listings agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and pet listings, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and pet listings relating to the subject of this agreement.

Effective as of 5th of Sept 2016

 

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the petlistings.com.au and Pet Listings Pty. Limited and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Pet Listings Pty. Limited include petlistings.com.au and Pet Listings. The Pet Listings website is an online pet listing website that provides individuals and breeders the ability to list their animals for sale. Individuals may also search for a new pet through our website listings. By using the Pet Listings website, you consent to the data practices described in this statement.

Collection of Your Personal Information

Pet Listings may collect personally identifiable information, such as your name. We may gather additional personal or non-personal information in the future. If you purchase Pet listings’ products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Pet Listings. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Pet Listings website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Pet Listings’ public message boards, this information may be collected and used by others.

Pet Listings encourages you to review the privacy statements of websites you choose to link to from Pet Listings so that you can understand how those websites collect, use and share your information. Pet Listings is not responsible for the privacy statements or other content on websites outside of the Pet Listings website.

Use of Your Personal Information

Pet Listings collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Pet Listings may also use your personally identifiable information to inform you of other products or services available from Pet Listings and its affiliates. Pet Listings may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Pet Listings does not sell, rent or lease its customer lists to third parties.

Pet Listings may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Pet Listings may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Pet Listings, and they are required to maintain the confidentiality of your information.

Pet Listings may keep track of the websites and pages our users visit within Pet Listings, in order to determine what Pet Listings services are the most popular. This data is used to deliver customized content and advertising within Pet Listings to customers whose behaviour indicates that they are interested in a particular subject area.

Pet Listings will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Pet Listings or the site; (b) protect and defend the rights or property of Pet Listings; and, (c) act under exigent circumstances to protect the personal safety of users of Pet Listings, or the public.

Use of Cookies

The Pet Listings website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Pet Listings pages, or register with Pet Listings site or services, a cookie helps Pet Listings to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Pet Listings website, the information you previously provided can be retrieved, so you can easily use the Pet Listings features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Pet Listings services or websites you visit.

Security of Your Personal Information

Pet Listings secures your personal information from unauthorized access, use or disclosure.

All information you provide to us is stored on our secure servers.

Access by you to your account is available through a password and/or unique user name selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activities that result from your own neglect to safeguard the secrecy of your password and user name. If you share a computer with anyone, you should always log out of your account after you are finished in order to prevent access to your information from subsequent users of that computer. Please notify us as soon as possible if your user name or password is compromised.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Pet Listings cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.

In the unlikely event that we believe that the security of your personally identifiable information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of email as a means of such notification.

Children Under Thirteen

Pet Listings does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out and Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Pet Listings by contacting us at our website or at our email hello@petlistings.com.au.

Changes to this Statement

Pet Listings will occasionally update this Statement of Privacy to reflect company and customer feedback. Pet Listings encourages you to periodically review this Statement to be informed of how Pet Listings is protecting your information.

Contact Information

Pet Listings welcomes your questions or comments regarding this Statement of Privacy. If you believe that Pet Listings has not adhered to this Statement, please contact Pet Listings at our website or at our email hello@petlistings.com.au. Or in writing to 16/47 Park Road, Milton, (in the state of) Queensland, 4064, Australia.

Effective as of 5th of Sept 2016