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Advertising Terms

ADVERTISING TERMS

All information posted on the PetsforHomes website (the Website) which are provided by The Trustee for Responsible Family Trust (A.B.N.50 932 597 038) (the Publisher) for the Advertisement of domestic animals, are subject to and governed by these terms and conditions (these Terms).

1. General

 1.1    These Terms govern all advertising material (the Advertisements) provided to the Publisher by an advertiser (you or the Advertiser).

1.2  The Publisher reserves the right to, at any time and at the Publisher’s sole discretion, amend, revise, or modify these Terms. You are responsible for periodically reviewing these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time. The Advertiser should revisit the terms and conditions before it creates each new Advertisement to be displayed on the Website.

1.3  These Terms supersede any terms that have previously been supplied by the Publisher.

2. Definitions

2.1     In these conditions:

  1. Advertiser means the party who created and posted the Advertisement on the Website.
  2. Advertising means any information, images, or other material, posted as an        advertisement on the Website.
  3. Registered Account means an account created via the Website.
  4. Website means the website displayed at www.petsforhomes.com.au.

3. Status of Advertiser

3.1  Any party posting an Advertisement via the Registered Account of another party shall do so as an agent at law. The Advertiser shall, at all times, have full liability for all obligations of both themselves and their agents.

4. Publishers Rights Reserved

4.1    The Publisher may change the format of the Website at any time and may vary or apply differing rates and specifications accordingly.

4.2     The Publisher gives no warranty or guarantee in relation to:

  • the availability or the absence of technical or other disturbances on the Website; or
  • the number of clicks or page impressions or unique views for any online activity.

 

In the event of any problem arising in relation to the foregoing, the Advertiser accepts that the Publisher shall not be obliged to give any compensation or refunds in such instances.

4.3  The Publisher reserves the right to remove any Advertisement, or terminate any Registered Account.

4.4   The Publisher may show and/or display the Advertisement for internal purposes and for marketing its services to other prospective Advertisers, including in any public relations materials and direct marketing materials.

4.5  The Publisher owes no duty to the Advertiser to review, approve or amend any advertisement and no review, approval or amendment by the Publisher will affect the Advertisers responsibility for the content of the advertisement.

5. Specifications 

5.1     The Publisher imposes various specifications on Advertisements, including:

  • Each cat and dog Advertised must be microchipped;
  • Each Advertisement must include a microchip number or BIN number breeder identification, and Registered Breeder number of the animal;
  • Advertisers must include any relevant non-government association or registered breeder club, membership number;
  • Advertiser should include any relevant government registration/license/permit required by them by law;
  • All young animals included in Advertisements should be self-sufficient;
  • Puppies and kittens must be over eight (8) weeks old to be included in an Advertisement;
  • Rabbits must be at least six (6) weeks old to be included in an Advertisement;
  • Guinea Pigs, Mice and Rats must be at least four (4) weeks old to be included in an advertisement;
  • Birds must be fully feathered to be included in an Advertisement;
  • Ferrets must be at least ten (10) weeks old to be included in an Advertisement;
  • Under no circumstances may an Advertiser create an Advertisement for a Pitbull Terrier, American Pit Bull Terrier, Argentinian Fighting dogs (Dogo Argentino), Brazilian Fighting dogs (Fila Brasileiro), Japanese Tosas, or Mi Perro de Presa Canario;
  • Advertisers in New South Wales must not create Advertisements regarding reptiles, as prohibited by the law of New South Wales; and
  • Advertisers in the Australian Capital Territory must include the required license when Advertising non-exempt animals under the Nature Conservation Act 2014 (ACT).

 

5.2  The Publisher encourages the animals to be vet-checked and de-sexed before posting an Advertisement.

5.3 It is the Advertiser’s responsibility to determine the relevant specifications for each Advertisement, as specifications may be changed at any time by the Publisher. Advertisements that do not comply with the specifications listed above, may be removed without notice.

5.4   It is the responsibility of the Advertiser to rectify any error in the Advertisements, immediately after they become aware of the error. The Publisher accepts no responsibility for any error the Advertisement contains, nor any loss relating to that error.

5.5  If an Advertisement is reported to the Publisher for promoting uncontrolled or irresponsible commercial pet trading, including for the use in fighting or animal testing, the Publisher reserves the right to remove the Advertisement and terminate the Registered Account.

6. Advertisement Removal 

6.1   It is the responsibility of the Advertiser to remove their Advertisements from the Website if the goods are no longer available, or have been sold. Failure to do so could result in the termination of the Registered Account.

6.2     The Advertiser shall remain liable for the Advertisement while it is still accessible on the Website by other users.

7. Featured Advertisements

7.1     The Advertiser may pay to have their Advertisement featured on the Website. The Advertiser will need to either upgrade their original Advertisement or create a new Featured Advertisement via the Website to have their Advertisement featured. All payment rates for creation of a Featured Advertisement are displayed on the Website and are at the discretion of the Publisher.

7.2     All quoted Featured Advertisement costs are inclusive of GST.

7.3     Payment for a Featured Advertisement is to be made through PayPal in accordance with our Registration Terms.

8. Warranty

 8.1     The Advertiser warrants and represents to the Publisher that:

  • the Advertiser has authority to enter into this Agreement;
  • the Advertiser is authorised to upload the Advertisement to the Website;
  • the Advertiser solely owns the Advertisement and has obtained all necessary rights, clearances, waivers and consents relating to the Advertisement;
  • the Advertiser is not aware of any pending or ongoing litigation relating to the Advertisement, or any part of it; and
  • an Advertisement that the Advertiser uploads to the Website is original and is not a reproduction, whether in whole or in part, of another person’s work; and
  • the Advertisement does not contain any viruses, trojans, worms or any other destructive code or content.

 

8.2     The Advertiser warrants that it will only use the advertising space, which it acquires to advertise its own goods and may not sell or otherwise deal with that advertising space.

8.3     The Advertiser warrants that the Advertisement complies with all relevant laws and regulations and that its publication in accordance with these Terms will not give rise to any claims against or liabilities of the Publisher, its directors, employees or agents.

9. Indemnity

9.1   The Advertiser indemnifies the Publisher its directors, employees and agents against all claims, demands, proceedings, costs, expenses, damages awards, judgments and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with the publication of the Advertisement, as a consequence of any breach or non-performance by the Advertiser of any of the representations or warranties contained in these Terms, except to the extent caused by the Publisher 

10. Licence

10.1  By uploading an Advertisement to the Website, you grant the Publisher a worldwide non-exclusive, sub-licensable, royalty-free licence to:

  • use, reproduce, distribute, display, publish and adapt any part or all of the Advertisement;
  • publicly promote, endorse or market the Advertisement in any way whatsoever, including via the Website or otherwise; and
  • perform or carry out any actions associated with achieving any of the above.

 

10.2  The Publisher may, in its sole discretion, use the Advertisement for any period of time, beyond your removal of the Advertisement from the Website.

11. The Advertiser’s responsibilities

11.1  You are solely responsible for all content relating to an Advertisement, which you have uploaded to the Website, and for any consequence of the Advertisement.

11.2  You agree that you will not upload an Advertisement that:

  • contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to upload the Advertisement and to grant the Publisher all of the licence rights granted herein;
  • contains falsehoods of misrepresentations;
  • is unlawful, threatening, harassing, hateful, facilitates or encourages conduct that could be considered a criminal offence, gives rise to civil liability, violates any law, or is otherwise inappropriate in the view of the Publisher;
  • impersonates another person or organisation; or
  • contains adult-oriented and/or explicit material.

 

The Publisher reserves the right to remove from the Website, any Advertisement for any reason whatsoever. The removal of an Advertisement from the Website may occur without any liability to the Publisher.

12. Termination of this Agreement

12.1  The Publisher reserves the right to immediately terminate these Terms if you are in breach of them in any way. Such termination may occur at the Publisher’s sole discretion and without notice to you. If we do decide to terminate these Terms, you agree to hold the Publisher harmless.

13.  Governing law

13.1  The laws of the state of New South Wales, Australia govern this Agreement.

Advertising terms last updated on 10 August 2019.

 

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