Terms and Conditions
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).
1.1 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.
2.1 In these conditions:
(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.
3.1 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.
4.1 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:
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.
5.1 The Publisher imposes various specifications on Advertisements, including:
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.
6.1 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.
7.1 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.
8.1 The Advertiser warrants and represents to the Publisher that:
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.
9.1 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.
10.1 By uploading an Advertisement to the Website, you grant the Publisher a worldwide non-exclusive, sub-licensable, royalty-free licence to:
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.
11.1 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:
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.
12.1 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.
13.1 The laws of the state of New South Wales, Australia govern this Agreement.
Advertising terms last updated on 10 August 2019.
Thank you for creating an account (Account) with the PetsforHomes website (the Website).
It is important to us that you enjoy your time using the services on our Website. Therefore, we recommend that you read the following terms that relate to the services provided on the Website which are provided by The Trustee for Responsible Family Trust (A.B.N.50 932 597 038) (we, us, our, or the PetsforHomes).
Your decision to register for an Account with us means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (Terms). These Terms govern your use of our services (the Registration Services). Your access to the Registration Services is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the scope of the Registration Services. This may result in additional services being provided or some of the existing services being terminated.
The Registration Services
PetsforHomes provides you, the registrant (Registrant), with access to the Website for the purpose of engaging with others for the buying and selling of domestic pets.
You must be a current and valid Registrant of the Website to access the Registration Services and the associated benefits.
Once you become a Registrant, registration is ongoing unless your agreement is terminated in accordance with these Terms.
PetsforHomes reserves the sole right to make changes to our Registration Services from time to time.
Your Account with our Website allows you to access the following Registration Services:
Registration entitles you to a non-exclusive, non-transferable right to access and use the Registration Services, subject to the terms and conditions contained in these Terms. Registration occurs when you create an Account via the Website (the Registration Date).
When creating an Account, you warrant and represent that:
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account’s username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that the security of your Account has been compromised, you must notify PetsforHomes immediately. You agree to be solely responsible for any conduct associated with, or originating from your Account.
We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account’s security resulting from your act or omission to act.
Conduct of Registrants
While using the Registration Services, Registrants must not post any written advertisements, images, blog posts, personal messages, or other materials (Content) on the Website that:
PetsforHomes reserves the right to remove without notice, any Content that breaches the above terms.
Accuracy of Content
Any Registrant that uses the Website’s Registration services, warrants and represents that:
By creating an Account, the Registrant accepts they are responsible for the Content they post, and is liable for any damage caused to other Registrants by their content.
Term of agreement
These Terms commence on the Registration Date and will continue until such time that they are terminated under these Terms.
PetsforHomes may terminate these Terms if you have committed any material breach of this Agreement. This termination will be effective immediately without notice.
You may terminate these Terms by providing written notice to us via email.
Upon termination, PetsforHomes will immediately disable your username and password and consequently, deny you access to the Registration Services and your Account.
Representations and warranties
Subject to all applicable laws, we make no representation or warranty, express or implied as to the goods sold by Registrants.
All Registrants are liable for the goods they sell via their Account on the Website.
Payment and refunds
Payment for advertisements
All payments for paid advertisements will be made securely through PayPal. PayPal allows payment from your bank account or credit card using encryption technology to secure your financial information. To pay directly from your bank account instead of via credit card, Registrants first need to create a PayPal account.
Refunds for paid advertisements
No refunds will be given for paid advertisements removed by Registrants for any reason.
PetsforHomes may remove any paid advertisements that breach these Terms immediately and without notice. In such an instance, the Registrant may be entitled to a refund. We reserve the right however to refuse a refund for any Registrant who engages in the following conduct:
Payment for goods
All payments for goods advertised on the Website is considered a private transaction between Registrants. Buyers should always inspect goods in person before completing the transaction to ensure their satisfaction. By agreeing to these Terms you acknowledge and agree that Registrants are responsible for ensuring they are satisfied with the condition and specifics of goods before purchasing.
As PetsforHomes is not a party to these transactions, we are not responsible nor liable for any defaults in the goods such as not matching the description of the advertisement. If a Registrant is unsatisfied with goods they have purchased from another Registrant, the Registrant may give notice PetsforHomes of the situation via email. PetsforHomes may terminate the Registrants’ Account or take any other action we deem appropriate. We reserve the right to take no action on the matter however, given the private nature of the transaction.
Exclusions and Limitations of Liability
To the extent permitted by law, PetsforHomes will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the fullest extent permitted by law, you agree to indemnify PetsforHomes from any liability for any loss, damage, costs or expenses whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of the Registration Services.
Any notice to be given by PetsforHomes under these Terms or in relation to our Registration Services will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Website. Such notice shall be deemed to have been given at the time the email was sent by PetsforHomes or at the time the relevant information was posted on the Website.
You shall not assign, transfer or sublicense any of your rights or obligations under these Terms, except with the prior written consent of PetsforHomes.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of New South Wales, Australia govern these Terms.
Registration Terms last updated on 10 August 2019.
The Trustee for Responsible Family Trust (A.B.N.50 932 597 038) (we, our or PetsforHomes) recognises and values the protection of your personal information.
This policy applies only to information that PetsforHomes collects via our Website.
Information we collect and hold
Wherever possible, you can elect to remain anonymous or use a pseudonym in interacting with us. For example, when making an enquiry with us.
From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number or email address. However, under no circumstances will we request any information from you that may disclose your:
We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.
Personal information via the Website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows our Website to be tailored to you for any of your return visits. Cookies will not identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of our Website.
Your option not to provide your personal information
We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time. Please contact our Privacy Officer at email@example.com.
Use and disclosure of your personal information
When we hold your personal information it will be used for the following primary purposes:
We will not use or disclose (or permit the use or disclosure of) information that could be used to identify you in any circumstances except:
We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as amended, regarding the handling of personal information.
Should a third party approach us with a demand to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.
If we are compelled to disclose your personal information to a third party we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so.
Security of personal information
In our organisation, personal information may be stored both electronically and in hard-copy form. We are committed to keeping your personal information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use the Website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy.
Note that no information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
Accuracy and quality of personal information
We will take all such steps as are reasonable in the circumstances to ensure that:
Access to your personal information
In most cases, you have the right to access the personal information that we hold about you. If you wish to access your personal information, please contact our Privacy Officer at firstname.lastname@example.org.
We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given.
We may charge you a reasonable fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
Whenever a fee will be applied, you will be notified of how that fee will be calculated, or where possible, the total amount that will be charged. You will then have the option to decide whether to proceed with your access request.
In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where denying access is required or authorised by or under an Australian law or a court/tribunal order or where giving you access would: be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the PetsforHomes organisation in connection with a commercially sensitive decision-making process.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against PetsforHomes and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
These mechanisms for accessing your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided with access to your personal information.
Correction of your personal information
The accuracy of the personal information we have requested from you is important to us. Should you suspect, or become aware of, that your personal information we hold is inaccurate, out of date, incomplete or misleading, please contact our Privacy Officer at email@example.com.
We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given.
If we refuse to change the personal information as you request, we will provide you with reasons for our refusal, unless doing to would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in the case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
In the case we have corrected personal information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed inaccurate, out of date, incomplete or misleading personal information.
These mechanisms for correcting your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided correction of your personal information.
Overseas transfer of personal information
We may transfer your personal information to overseas recipients. However, we will seek your consent prior to disclosing your information if the overseas recipient is not regulated in a way that equally reflects the Australian Privacy Principles. We will take reasonable steps to ensure that an overseas recipient does not breach the requirements of the Privacy Act 1988 (Cth).
Concerns and complaints about breaches
If you have concerns about how we handle your personal information, it is important that you notify us as soon as possible, so that we can address your concerns appropriately as the circumstances require. Any concern or complaint should be made in writing. Please send it to our Privacy Officer at firstname.lastname@example.org and we will respond as soon as reasonably possible. Alternatively, you may contact the Office of the Australian Information Commissioner with your concern. Information about lodging a complaint is available on the Office of the Australian Information Commissioner’s website (see in particular: http://www.oaic.gov.au/privacy/privacy-complaints).
Disposal of personal information not required
If we hold personal information about you, and we do not need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our email database
To unsubscribe from our email database, please use the unsubscribe option, which is located on our Home page and within your login account or send us an email to email@example.com with “UNSUBSCRIBE” typed into the subject line of the email.
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au.
SOCIAL MEDIA TERMS
The Trustee for Responsible Family Trust (A.B.N.50 932 597 038) (we, us, our, or PetsforHomes) offers its social media pages as a service to provide you with information about us, our services, and other matters of interest. Our social media pages are available to the public and are openly available to all users of the relevant social media website.
Our social media pages are those pages on social media websites including, but not limited to, Facebook, Twitter, Pinterest,Instagram, YouTube, that are identified as being a web page associated with PetsforHomes (Social Media Pages). To avoid any confusion between a third party social media page and our own, a link to each Social Media Page that is associated with PetsforHomes can be found on our website (our Website). We do not associate ourselves with, or provide any warranties as to the quality, content or legality of any social media page that is not linked to from our Website.
In accessing and using our Social Media Pages, you must comply with any relevant terms and conditions associated with the relevant social media channels, as well as with these terms and conditions.
Content on Social Media Pages
Regardless of whether it was posted and/or uploaded by us or a third party, PetsforHomes:
Whilst we may not monitor all Content that you post to our Social Media Pages, we expect that you will not post any Content that we may deem to:
In the event that you do post such material, we reserve the right to remove that material from our Social Media Pages immediately and without notice to you.
We will also remove, without notice to you, any unapproved Content that is commercial in nature. PetsforHomes is not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.
Third Party Links
PetsforHomes may, from time to time, provide hyperlinks to third party websites (Linked Websites). We do not control content posted on the Linked Websites, and we are therefore not responsible for any content found on them. We provide hyperlinks to Linked Websites for your convenience only, and do not endorse or approve any of the content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided on the Linked Websites.
By uploading Content to a Social Media Page, you grant PetsforHomes a worldwide non-exclusive, sub-licensable, royalty-free licence to:
PetsforHomes may use the Content for any period of time beyond your removal of the Content from the Social Media Pages.
To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Social Media Pages by you.
We do not make any claims that the information or Content on the Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. If you access any Social Media Pages, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Thank you for taking the time to observe our Social Media Terms. Please email us if you have any concerns about any Content on our Social Media Pages.
Social Media Terms last updated 10 August 2019.