Pet Care & Rescue Pages - Terms and Conditions

Pet Care & Rescue Pages Australia maintains a comprehensive listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of businesses and services. To make the database as comprehensive as we can, it is not limited to businesses which have commercial arrangements with Pet Care & Rescue Pages. Particularly, a free listing for a business does not mean that the listed business has any commercial arrangement with Pet Care & Rescue Pages.

Advertising Products Terms and Conditions

1. Acceptance of Terms
   • 1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.thecarerescue.org, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
   • 1.2. The terms that apply to your Contract and Service are set out in:
     • 1.2.a. these terms including any attachments;
     • 1.2.b. the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
     • 1.2.c. where applicable; the commercial credit application;
     • 1.2.d. the website terms of use located at www.thecarerescue.org ;
     • 1.2.e. any advertising rules and/or guidelines which apply to your Service; and
     • 1.2.f. any equivalent approved and authorised document received by Pet Care & Rescue Pages.
   • 1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.thecarerescue.org  
   • 1.4. Pet Care & Rescue Pages, in its sole discretion, may vary these terms and conditions at any time without notice.
2. Term of Advertising Contract
   • 2.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person. email or equivalent contract is received by Pet Care & Rescue Pages.
   • 2.2. The Contract will continue for the period set out in the order form, email or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with clause 6.
3. Changes to the Contract, Product or Terms
   • 3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by Pet Care & Rescue Pages without any prior warning or notice.
   • 3.2. The changes will be effective as soon as they have been posted on the Website.
   • 3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
   • 3.4. Your continued use of Pet Care & Rescue Pages after any modifications indicates you have accepted the new terms and conditions.
4. Advertiser Content
   • 4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of Pet Care & Rescue Pages including as to deadlines and delivery formats
   • 4.2. Pet Care & Rescue Pages takes no responsibility for any of the Advertiser Material.
   • 4.3. Pet Care & Rescue Pages will determine the utilisation of all keywords, categories and other material used to describe or categorise a listing for all purposes relating to the Directory.
   • 4.4. Pet Care & Rescue Pages may remove, revise or refuse to publish any Advertiser Material.
   • 4.5. Pet Care & Rescue Pages reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to Pet Care & Rescue Pages;
   • 4.6. Recognition of print advertising:
     • 4.6.a. Pet Care & Rescue Pages may present advertisements of businesses that also advertise in The Pet Directory in a different position and in a different format to that of other advertisements.
     • 4.6.b. This variance in presentation is solely at the discretion of Pet Care & Rescue Pages and Advertisers may assume no right of entitlement to this based on their Pet Care & Rescue Pages Pet Directory or other section of the site advertising. Pet Care & Rescue Pages may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.
   • 4.7. The Advertiser acknowledges and agrees that Pet Care & Rescue Pages may provide the Directory from time to time to other commercial enterprises including for publication on another website. Pet Care & Rescue Pages does not warrant that the Advertiser’s listing in the Pet Directory will be published or continue to be published on an internet site that is a distribution partner of Pet Care & Rescue Pages. The Advertiser acknowledges and agrees that:
     • 4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
     • 4.7.b. Pet Care & Rescue Pages is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
     • 4.7.c. Pet Care & Rescue Pages retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
5. Fees and Charges
   • 5.1. Invoicing and payment:
     • 5.1.a. Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with a sales person, email or equivalent contract by Pet Care & Rescue Pages, the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 5.1.f
     • 5.1.b. The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person, email or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
     • 5.1.c. Pet Care & Rescue Pages reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
     • 5.1.d. The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
     • 5.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone with a sales person, email or equivalent document.
     • 5.1.f. Payment methods and payment terms accepted by Pet Care & Rescue Pages are as follows: credit card or cash on day of invoice; cheque and electronic funds transfer are strictly 30 days from date of tax invoice.
     • 5.1.g. Should the Advertiser elect to pay by credit card then Pet Care & Rescue Pages reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
     • 5.1.h. Should the Advertiser’s account exceed Pet Care & Rescue Pages' payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.
     • 5.1.i. If the Advertiser at anytime exceeds Pet Care & Rescue Pages' payment terms and as a result is passed on for collection and or legal action Pet Care & Rescue Pages may place a default against the Advertiser with a credit reporting agency.
   • 5.2. If at any time during the initial term or follow-on term there are insufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges when they are due, or any other agreed method of payment (e.g. cheque) provided by the Advertiser is dishonoured or reversed, the Advertiser is in breach of this Contract and Pet Care & Rescue Pages, without notice to the Advertiser and without affecting any other rights, may terminate this Contract according to clause 6 and/or suspend provision of the services.
6. Termination of Contract
   • 6.1. This Contract may be terminated in the following ways:
     • 6.1.a. By the Advertiser;
     • 6.1.a.i. with one (1) months notice;
     • 6.1.a.ii. a deduction of a 50% service fee from the total cost of advertising to be retained by Pet Care & Rescue Pages;
     • A deduction of the percentage of advertising cost proportionate to the period of time that the advertising has been displayed prior to the cancellation by the advertiser;
     • 6.1.b. By one (1) month notice;
     • 6.1.c. By Pet Care & Rescue Pages without notice if:
       • 6.1.c.i. the Advertiser (being an individual) is declared bankrupt; or
       • 6.1.c.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for Pet Care & Rescue Pages to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy; or
       • 6.1.c.iii. clause 5.2 is invoked at which time all outstanding fees and charges will be immediately due and payable.
   • 6.2. Nothing prevents Pet Care & Rescue Pages from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
   • 6.3. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action Pet Care & Rescue Pages may place a default against the advertiser with a credit reporting agency.
7. Cancellation Policy

7.1. If the Advertiser wants to terminate their contract within the period of the term of the contract then the Advertiser must do the following:

1. • 7.1.a. Give one (1) month notice by telephone Monday - Friday (9am-5pm) AEST or by email. The cancellation will be recorded and confirmed during the call.
   • 7.1.b. The Advertiser acknowledges that a cancellation request will incur cancellation fees as set out below.
     For:

1. • • A Listing where the cancellation is received within six (6) calendar months of the contract start date, a cancellation fee of 50% will apply;
   • 7.1.c. If at the time of receiving the request for cancellation the Advertiser has made any payments in advance, if the Advertiser is entitled to a refund as set out at clause 7.1.b, that refund will be paid less any applicable cancellation fees.
2. Liability and Indemnity
   • 8.1. If Pet Care & Rescue Pages is the cause of any error or omission in the Advertiser material and the Advertiser suffers loss or damage as a result, Pet Care & Rescue Pages' maximum liability to the Advertiser will be a refund of fees, the amount of the refund being calculated on a pro rata basis with reference to that period of the relevant term during which the error or omission was displayed as a proportion of the entire term for which fees and charges were paid by the Advertiser for services in relation to that Advertiser material.
   • 8.2. The Advertiser indemnifies Pet Care & Rescue Pages against any successful claim by any third party against Pet Care & Rescue Pages in respect of any matter arising from the operation, use, transfer of data or money to and from Pet Care & Rescue Pages by the Advertiser.
   • 8.3. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Pet Care & Rescue Pages, the Advertiser indemnifies Pet Care & Rescue Pages and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
   • 8.4. Without limiting the generality of the above, Advertisers and or advertising agencies indemnify Pet Care & Rescue Pages and its directors, employees and agents against any claims arising from:
     • 8.4.a. defamation, libel, slander of title;
     • 8.4.b. infringement of copyright;
     • 8.4.c. infringement of trade marks or names of publication titles;
     • 8.4.d. unfair competition;
     • 8.4.e. breach of trade practices, privacy or fair trading legislation; and
     • 8.4.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
   • 8.5. Advertiser indemnity: The Advertiser indemnifies Pet Care & Rescue Pages for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
   • 8.6. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with Pet Care & Rescue Pages without the prior written consent of Pet Care & Rescue Pages.
3. Intellectual Property
   • 9.1. All intellectual property in relation to material included on the Website belongs to Pet Care & Rescue Pages or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
   • 9.2. Apart from fair dealing permitted by the Copyright Act 1968, Pet Care & Rescue Pages grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
   • Maps and map data:
     • 9.3.a. All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.
     • 9.3.b. Except as expressly permitted by these terms and conditions, the User (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of Pet Care & Rescue Pages.
     • 9.3.c. Pet Care & Rescue Pages provide the Google Maps product on an “as is” basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against Pet Care & Rescue Pages or Google pertaining to the suitability for any given purpose and performance of Google Maps.
4. Privacy
   • 10.1. Pet Care & Rescue Pages will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request or can be viewed at www.thecarerescue.org/privacy-policy. Advertisers and Users acknowledge Pet Care & Rescue Pages' Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.
   • 10.2. Disclosure Statement:
     • 10.2.a. Pet Care & Rescue Pages collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our Australian related companies may be in touch by any means (including email or SMS) to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services, running competitions or with other companies who provide prizes for competitions or reader offers.
     • 10.2.b. Pet Care & Rescue Pages is an initiative of The Pet Directory.
5. General Notices
   • 11.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
   • 11.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
   • 11.3. Any notice to be served to Pet Care & Rescue Pages under this Contract must be served personally by post, facsimile or email to Pet Care & Rescue Pages at:
   • Attention: Pet Care & Rescue Pages Customer Service Department
     59-85 Tintenbar Road, RUSHFORTH NSW 2460
     Fax: (02) 6638 9616
6. Definitions

"person"

includes a corporation;

"month"

means calendar month;

"Advertiser"

means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Pet Care & Rescue Pages in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory;

"follow-on term"

means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;

"GST"

has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.

"initial term"

is the period described in the invoice;

"payment date"

means: in relation to the initial term, the date of receipt by Pet Care & Rescue Pages in cleared funds of the Advertiser’s payment of all fees and charges; and in relation to the follow-on term, the first day of the follow-on term being the date on which the then applicable charges and any further fees that are due and payable;

"service"

means such of Pet Care & Rescue Pages products or services purchased by the Advertiser as indicated in the invoice from time to time;

"stand-alone"

A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement;

"Users"

means users of the Website including, where appropriate, Advertisers.

"Contract"

means documents including:

1. 1. these terms including any attachments;
   2. the approved and authorised Order Form or equivalent Contract;
   3. where applicable; the commercial credit application;
   4. the Website terms of use located at www.petpages.net.au;
   5. any advertising rules and/or guidelines which apply to your Service;
   6. any equivalent approved and authorised document Contract received by Pet Care & Rescue Pages.

Website Terms of Use

Welcome to the Pet Care & Rescue Pages site (the Site). These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.

Use of this site

1. Pet Care & Rescue Pages is the owner and operator of the Site.
2. Users of the Site, including Advertisers and Members (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms & Conditions), which are subject to change at Pet Care & Rescue's sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
3. The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from Pet Care & Rescue Pages.
4. Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.

User’s Obligation

1. Users will not:
   1. use the Site for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
   2. submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
   3. damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to Pet Care & Rescue Pages or do anything that compromises the security and/or stability of the Site or the directory;
   4. use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
   5. send automated queries of any kind to the Site or the directory without Pet Care & Rescue's express written permission.

Member Account Terms of Use

1. Users agree:
   1. to abide by the Terms & Conditions;
   2. to provide accurate, current and complete information at all times;
   3. to maintain the security of passwords and/or identification;
   4. to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
   5. not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
   6. not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and
   7. that Pet Care & Rescue Pages has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory. Where it is possible for Pet Care & Rescue Pages to contact Users directly, Pet Care & Rescue Pages will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. Pet Care & Rescue Pages will give due and reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision.

Intellectual Property

1. Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to Pet Care & Rescue Pages or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
2. You may download and view Content or print a copy of material on this site for personal, non-commercial use provided you do not modify the Content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by Pet Care & Rescue Pages. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
3. Other, non- Pet Care & Rescue Pages trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

Privacy

1. Pet Care & Rescue Pages will collect, use and disclose any personal information in accordance with its Privacy Policy. Users acknowledge Pet Care & Rescue Pages' Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.

Liability & Indemnity

1. Pet Care & Rescue Pages does not exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Pet Care & Rescue Pages excludes all rights, remedies, conditions and warranties in respect of goods or services from a User’s use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 18 - 22 apply.
2. Pet Care & Rescue Pages does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of Pet Care & Rescue Pages. All Content on the Site may be changed and/or removed at Pet Care & Rescue Pages' sole discretion and without notice.
3. Pet Care & Rescue Pages will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 21.
4. Pet Care & Rescue Pages does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Pet Care & Rescue Pages or the server that makes it available, are free of viruses or bugs.
5. Liability of Pet Care & Rescue Pages, for any breach of a term or condition implied by law is limited at Pet Care & Rescue Pages' discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
6. You indemnify Pet Care & Rescue Pages and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.

Third Party Content & Links

1. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.
2. This Site may include links to third party sites which are not related to Pet Pages Australia and in relation to which Pet Care & Rescue Pages has no control or interest. The appearance of those links on this Site does not indicate any relationship between Pet Care & Rescue Pages and that third party or any endorsement by Pet Care & Rescue Pages of that third party, its site or the products or services which it is advertising on this Site.

Contributing Content

1. When you submit Content to Pet Care & Rescue Pages in any format, including any text, photographs, graphics, video or audio, you grant Pet Care & Rescue Pages and each of its related bodies corporate a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.
2. Pet Care & Rescue Pages reserves the right not to use the Content you submit.
3. You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
4. You indemnify Pet Care & Rescue Pages against any and all legal fees, damages and other expenses that may be incurred by Pet Care & Rescue Pages as a result of a breach of the above warranty.
5. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.

General

1. These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales.

1.  
   • Any notice to be served to the Company under this agreement must be served personally by post, facsimile or email to the Company at:
     Attention: Pet Care & Rescue Pages Customer Service Department
     59-85 Tintenbar Road, RUSHFORTH NSW 2460
     Fax: (02) 6638 9616

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