Share my Pet - Terms and Conditions
Correct as at 15 August 2017
The following definitions, in addition to those set out herein, apply in these Terms and Conditions:
- “Content”means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or Share my pet, through their use of the Service, including as displayed in their Profile;
- “Platform”including all Services made available via the Share my Pet Website;
- “Profile”means the information held by Share My Pet about a User of the Platform, such information having been submitted by the User to whom the information relates to;
- “Services”means the Basic Services and any additional Services that Share My Pet may offer in the future;
- “User” or “You” means any person who registers their details for an account with the Platform, including Carers and Sharers (whether on a free or paid-membership basis);
- “Sharer’ means any person who wishes to share their pet
- ‘Carers’ means any person who wishes to borrow or look after someone else’s pet.
- “Members” means any person who has paid for access to the Share My Pets full range of services.
Acceptance of terms and conditions
- Your access to and use of our Platform is subject to these Terms and Conditions. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the Platform.
- We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.
- If you would like to access, correct, amend or delete any personal information we have about you, register a complaint or simply want more information please contact us at email@example.com
- Share my Pet is provided to you without any warranties or guarantees, express or implied, of any kind whatsoever and your use of the Platform and its contents is entirely at your own risk.
- In particular, the user must bear the inherent risks associated with the use of the internet. We accept no responsibility or liability for functions contained on the Platform and will not be responsible for any errors, omissions or for any technical problems (including but not limited to viruses) you may experience from using the Platform.
- Share my Pet will not be responsible to any users or any third party for any direct, indirect, consequential or incidental loss or damages or any indirect loss whatsoever that arises out of or is related to the use of Share my Pet and the Platform.
- The Platform is operated from Tasman, New Zealand. If you choose to access this site from another location outside of New Zealand, you are responsible for compliance with applicable local laws.
- These Terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New Zealand.
Content, Copyright, Intellectual Property
- The material on Share My Pet’s Platform is protected by copyright under the laws of New Zealand and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Content) are owned or controlled, and are reserved by Share my Pet and any related companies, affiliates, licensors and licensees.
- You are not authorised, without the prior written permission of Share my Pet and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Share my Pet may be used without our prior, specific, written permission or that of the trademark owner.
- This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Share my Pet and we are not responsible for the contents of any such information or website. Share my Pet provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
- Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
- Signing Up as a User/Customer; or
- Using this site for the service which it provides, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents.
- You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&Cs.
- The Platform provides a meeting place for Users who are pet owners (“Sharers”) and Users who would like to take care of animals (“Carers”). This is enabled through various services, tools and facilities accessible on the Platform, including:
- creation of a Profile with information about themselves with the option to become a sharer and / or a carer;
- for sharers, details of their pets and their needs, likes and dislikes (the pets, not the Owner’s!),
- for a carer, information about themselves, their experience looking after Pets and why they want to have a pet in their life; and
- access to a searchable database of these Profiles.
- You must be at least 18 years old as a user on the Platform and use the services. By registering as a user, you warrant that you are at least 18 years old.
- If you are an Owner, your pet must be at least 12 weeks old. By registering for an account, Owners represent and warrant that their pets(s) is/are at least 12 weeks old.
- Dogs covered under the Dangerous Dogs Act 1991 may not be registered on the site. these include but are not limited to; Brazilian Fila, American Pitbull Terrier, Japanese Tosa, Dogo Argentino, and Presa Canario.
- Dogs must be registered with the local council to use the services provided. You as the Owner are representing and providing a warranty that your dog(s) is/are registered with the local council and is not on the dangerous dogs list.
- Users must not sign up any pet / animal that is dangerous, has a history or signs of aggression, violent behaviour or has caused harm to other animals or people or is registered as a ‘dangerous’ or ‘menacing’ dog.
- Share My Pet reserve the right to refuse any animal to be on the platform or use any of the services provided by Share My Pet.
- You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.
- You must be the legal owner of a pet or have the expressed permission from the pet owner for which you create an Owner’s Profile.
- You have not been convicted of an offence under the Dog Control Act (1996), Parts 1 and 2 of Animal Welfare Act (1999), s26ZZP of the Conservation Act (1987) or s56I of the National Parks Act (1980).
Conduct and Behaviour of all Users
- You must not upload, post, transmit or otherwise make available through this site any material which: – violates or infringes the rights of others (including their privacy and intellectual property rights); – is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; – encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit Share my Pet or any other user from using the site; – affects the functionality or operation of the site or Share my Pet servers or the functionality or operation of any user’s computer systems
- You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent.
- Share My Pet will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Platform and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.
- In using the Platform, you agree not to:
- send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party’s use and enjoyment of the Platform;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; or
- accept or seek payment from another User. In particular, you agree that you will not use the Platform to make financial gains (whether pecuniary or otherwise) when taking care of a pet.
- We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.
User Profiles and Information
- When you sign up for an account on the Platform, either as an Owner or a Sharer, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and for all activities which take place under your account.
- You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
- In no event will Share My Pet be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person’s account at any time.
- If you are an Owner, you pledge that you will provide accurate and up-to-date information about you and your pet and that your pet is safe and in good health.
- If you are a Carer, you pledge that you will provide accurate and up-to-date information about you and your experience with animals and that, when entrusted with an animal, you will use your best efforts to care for the animal and follow any instructions provided by the Owner regarding care of the animal. You also acknowledge that you will be responsible for the safety and well-being of the animal during the periods of care.
- The above pledges are made as between the Owner and the Carer, and are not guaranteed by Share My Pet. In no event shall Share My Pet be responsible or liable to you as a result of the failure of an Owner/sharer or Carer to comply with the above.
- If we are unable to bill you via your preferred payment method within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the Platform and we shall be under no obligation to re-enable the same until such fees have been paid.
- We reserve the right to vary the fees in accordance with these Terms and Conditions. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platform after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).
- Share My Pet reserves the right to correct any errors or mistakes that it makes in relation to fees even if it has already requested or received payment.
- You may terminate your account on the Platform at any time, for any reason, without explanation, by cancelling your membership for the Services and ceasing all use of the Platform.
- Share My Pet reserves the right to do either of the following without notice and in its sole discretion:
- terminate these Terms and Conditions;
- suspend or terminate your access to all or part of the Platform (including deletion of your account); and/or
- remove your account information or data from the Platform, including Profiles, and any other records, in the event you commit a material or persistent breach of these Terms and Conditions, the Platform is discontinued, we lose the right to provide you with the Platform or where the provision of the Platform or a particular Service becomes unlawful.
- In the event your account for the services is terminated by us (excluding termination due to your breach of these Terms and Conditions), you may request a refund for any unused portion of fees that you have paid to Share My Pet for the services. It is at the discretion of Share My Pet to issue the refund and Share My Pet reserve the right to not issue a refund.
- Following termination of these Terms and Conditions for any reason:
- all rights, licences and permissions granted to you under these Terms and Conditions shall cease;
- you must immediately stop using the Platform and shall not register for another account unless expressly permitted by Share My Pet; and
- Share My Pet reserves the right to notify other Users with whom you have communicated of such termination.
- Your ability to use the Services of this website may be terminated by us at any time without notice. All restrictions, licences granted by you and limitation of our liability will survive termination.
- In the event that the website is terminated you will not be entitled to a refund.
- Users are guaranteed a refund for a single billing period if the following applies: if the member is not satisfied with the service and provide a reasonable reason for such or that they have not made a match within a single billing period and that they have given Share My Pet notice of not having made a match and have given Share My Pet an opportunity to find them a match. A refund can be issued by Share My Pet for no more than a single billing period and will not be back dated to previous billing periods.