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Terms & Conditions

Key terms

“User” – a person who creates an Account or otherwise uses the Platform or Our Services “Platform” – a suite of software applications and websites that enables Dog Owners and Dog Lovers to check in to locations and search for Pet Services. It encompasses both the Site and Mobile Applications “Location” – place selected on the map to meet with other dogs and/or dog lovers. “Our Services” – the services, information and resources provided by Pupsy through the Platform

 

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 damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

 

Accuracy of information

Pupsy attempts to maintain the accuracy and integrity of the information on the Platform, and tries to moderate User Generated Content such as User ratings. However, Pupsy does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without our knowledge or consent.

Pupsy disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted at law. If You believe that information found on the Platform is unauthorised, inaccurate or incomplete, please inform us by sending an e-mail to hello@pupsy.com.au.

We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us. You will continue to own any and all intellectual property rights in such information. However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner. This right continues even if You no longer use Our Services or the Platform.

We will only use this information for the purposes of operating, promoting or improving Our Services and the Platform, for developing other products or services, and for any other purposes set out in our privacy policy. This means, for example, that we might use this information to compile statistical information for use in marketing Pupsy, to make improvements to Pupsy, or to develop complementary products or services to Our Services.

If you would like to know more about how we use, store or handle your personal information, please contact us at hello@pupsy.com.au

Each User is responsible for maintaining his/her Account information and keeping the User’s password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.

 

User Generated Content

The Pupsy Platform facilitates communication between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content. Pupsy occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. You consent and agree that Pupsy is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Instagram, and other sites determined by Pupsy. Pupsy also reserves the right to modify, delete or block selected User Generated Content from the Platform.

Fair Conduct and use of the Platform

Users must only use the Platform in good faith and with respect for each other User. Pupsy reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:

• Use or access the Platform for a commercial purpose

• Change, or copy any Content on the Platform, for any purpose other than in the proper use of Our Services or the Platform, such as updating Your Profile in good faith;

• Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Platform;

• Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;

• Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform

• Use the Platform for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;

• Disguise the origin of information transmitted to, through or from the Platform; • Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;

• Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);

• Distribute viruses or other harmful computer code to or on the Platform; or

• Otherwise use Our Services or the Platform in a way that was not intended by us. Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:

• Flagging a User’s profile as inappropriate;

• Direct e-mail to Pupsy via hello@pupsy.com.au

• Direct phone contact with Pupsy during normal business hours on 0428 533 960

• Pupsy will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable. Pupsy reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, Pupsy reserves the right, in its sole discretion, to delete any User Generated Content that Pupsy considers is inappropriate.

 

Links to Third Party Sites

The Platform may have references or contain links to sites controlled by parties other than Pupsy. Pupsy provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, Pupsy is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.

 

Third Party Advertising and Analytics Cookies

Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

 

Termination and Account Cancellation

If You breach or threaten to breach these Terms, Pupsy reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. Pupsy may provide notice of termination by regular mail or email, but is not obliged to do so. Please note that if Your Pupsy Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.

 

Disclaimer

Pupsy, including its partners, agents, 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, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our 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. 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.

 

LEAVING REVIEWS

Irrelevant content

If you're reviewing a business listing, be detailed about your experience with the business as opposed to commenting on the purchased product. In some cases, we may not accept reviews if we believe the main feature(s) of the service or product haven't been used. Comments should be related to the review you are posting under and answers should be informative and be relevant to the question you are answering.

 

Overly positive marketing-speak reviews

Don't post reviews with overly positive or "marketing-speak" writing styles. Our content team has the final say on what is considered to be marketing-speak.

Personal attacks

Don't post personal attacks, threats or insults directed at other people. There is also no need to respond to personal attacks in a similar manner as your account may be removed too. Instead, report the content or the member using the site's flag icons at the bottom right-hand corner of posts.

Personal reprisals against staff or business owners

Don't post personal reprisals against staff or business owners. If your listing has been affected by a personal vendetta you should report the review to our content team using the flag icon and provide as much evidence as you can.

Intolerance and vilification

Don't post content that contains intolerance or vilification of other people's race, culture, beliefs, physical or mental conditions, gender, religion, age, etc.

Swearing

Don't swear! Whether the swear word is an acronym or you're using asterisks or the word is somehow misspelt but the meaning is evident. Words like "crap", "damn", etc. are not considered swear words, but we do encourage professional language as this adds more value to your review.

Advertising

Don't post advertising in your reviews, comments, etc. This includes viral advertising, links, promotions, etc. Product recommendations are acceptable depending on the context. Our content team has the final say in ambiguous cases.

External links

Don't post external links that are irrelevant or lead to unsafe/offensive websites.

Affiliation to the listing

Don't review a listing if you are affiliated with or were affiliated with it in the past. This includes past or present employees, family and friends of employees. Please read our fake submissions policy and don't risk your listing being penalised.

Pointless posting sprees

There is no reason to flood Pupsy with multiple comments, questions or answers that add no value to the discussion. We reserve the right to remove your content in bulk and ban your account.

Multiple accounts

Don't create multiple accounts. You can update your email address in your account settings.

Review verification and requests for additional information

Our content team may run checks at their discretion to confirm if a reviewer has used the product or service they are reviewing. As part of these efforts, some members will need to provide additional information to confirm that they have purchased a product or are a customer of the service they are reviewing. This information is kept confidential as per our Privacy Policy.

Reviews written on company provided devices

Reviews written on company provided devices such as tablets or office computers may not be accepted. Read more about this policy.

Legal threats policy

Removal Requests

We consider reasoned and polite requests regarding content removal. If you believe a review or other content should be removed for breaching our Posting Guidelines, infringing or violating someone’s rights or otherwise violating the law, you should report this by sending us an email at hello@pupsy.com.au. Be detailed and factual as to why you think the content needs to be removed. The more evidence you provide, the easier it is for us to make a decision. Although we won't be able to reply to every request, rest assured that we investigate every one of them.

Threatening requests

We take a zero tolerance approach to threatening requests sent to Pupsy and reserve the right to take any or all of the following actions: Placing a large notice of the threat(s) on your listing. Removing access to the Brand Management platform. Locking your listing to any future submissions. Publicising the legal threats and associated correspondence on your listing. Passing on details of correspondence that appears to be an attempt to abuse our policies concerning removal to the ACCC.

Fake positive reviews

If it becomes evident to Pupsy that a business has been posting fake reviews for their listing(s), we reserve the right to take any or all of the following actions: Placing a large notice on the listing notifying users of fake reviews. Removing access to the Brand Management Platform. Locking your listing to any future submissions. Submitting the case to the ACCC.

We have a number of tools and procedures to identify fake submissions and reserve the right to impose these penalties on any business trying to manipulate our rating system. We also work closely with the ACCC and reserve the right to submit all our findings to them. Note that ACCC has fined a number of companies for fake review submissions.

The ACCC can issue an infringement notice where it has reasonable grounds to believe that a person has contravened certain consumer protection laws. For serious misconduct, the ACCC can seek court penalties. The maximum penalty is $220,000 for an individual and $1.1 million for a body corporate, per breach.

http://www.accc.gov.au/business/advertising-promoting-your-business/managing-online-reviews#identifying-fake-reviews

Fake negative reviews

If you have evidence that a negative review for your listing is fake, please report it using by clicking on flag icon at the bottom right-hand corner of the review. Provide as much evidence as you can to support your claims.

Claiming that our member's username does not match-up in your customer database is insufficient evidence that a review is fake.

We take a zero tolerance approach to competitors submitting negative reviews on other businesses. We reserve the right to take any or all of the following actions:

  • Placing a large notice on the listing notifying users of fake reviews.
  • Removing access to the Brand Management platform.
  • Locking your listing to any future submissions.
  • Submitting the case to the ACCC.
  • Incentivised consumer reviews
  • Incentives should only be offered in exchange for reviews of your business (its products or services) if: Incentives are offered equally to consumers likely to be complementary and consumers likely to be critical, and positive and negative reviews are treated the same.

The reviewer is expressly told that the incentive is available whether the review is positive or negative. The incentive is prominently disclosed to users who rely on affected reviews.

 

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