Introduction

1.1 These Terms and Conditions govern the use by Owners of the Dogg web-hosted online marketplace (referred to as the Platform). The Platform is available at https://dogg.com.au.

1.2 The Platform is provided by Dogg Technologies Pty Ltd (ACN: 48 626 315 482) (Dogg, we, us and our) to users. These users may be:

1.3 The Platform enables a Pet Owner to find and connect with Pet Carers.

1.4 To access and use the Platform as a Pet Owner, you need to register as a User and agree to comply with these Terms and Conditions.

1.5 These Terms and Conditions govern use of the Platform by Pet Owners. If you want to have access to the Platform and offer your services as a Pet Carer then other terms apply to you: https://link.dogg.com.au/pet-carer-terms.

1.6 When a Pet Owner books a Pet Carer’s services through the Platform, an agreement will come into existence between the Pet Owner and the Pet Carer. That agreement contains the following minimum Terms and Conditions which are available here https://link.dogg.com.au/pet-caring-agreement (Pet Caring Agreement). You must read the Terms and Conditions of the Pet Caring Agreement before you commit to receiving Services from a Pet Carer. A Pet Carer and a Pet Owner can agree on other terms which are in addition to the Pet Caring Agreement, however the Pet Caring Agreement is the minimum essential terms which apply to their engagement when they agree to the terms of use of this Platform.

Definitions and Interpretation

2.1 In these Terms and Conditions, the definitions have the following meanings:

Additional Costs means other expenses incurred by the Pet Carer, which may include, but is not limited to, costs incurred for Optional Extras.

Booking Fee means the fee which is calculated as a percentage (%) of the Services Fee. The Booking Fee is separate from and in addition to the Services Fee.

Dangerous Dog means a dog that an authorised council officer or a local court has declared as dangerous because it:

Dispute means any dispute which arises out of or relates to the Pet Caring Agreement or this Agreement, including without limitation the entering into, breach, termination or validity of these Terms and Conditions.

Dogg Fee means the fee which is calculated as a percentage (%) of the Services Fee. The Dogg Fee is separate from and in addition to the Booking Fee.

Dogg Policies means the range of policies which are in effect and are made available on our website to all Users, specifically in relation to the scope of allowed, recommended and prohibited activities with respect to the use of our Platform and the performance of the Pet Carer’s Services.

GST means a goods and services tax imposed by or through A New Tax System (Goods and Services Tax) Act 1999.

Insurance Policy means the Public and Product Liability Policy covering Dogg and the Pet Carer when Services are booked and paid for via the Platform. Details of the policy are available here: https://dogg.com.au/insurance

Law means any Commonwealth, State, Territory or local government legislation in force in Australia or any law of a foreign jurisdiction, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation and the common law in Australia.

Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.

Optional Extras means any non-compulsory services offered by the Pet Carer. These may include, but are not limited to, items such as feeding the dog, cleaning the dog, performing Services at unsociable hours, or special services requested by the Owner.

Profile means the information and content in any format or any media which is published by you on the Platform to be reviewed by a User (including a Pet Carer who may wish to perform Services for you).

Services Fee means the aggregate of the fees payable by the Owner to the Pet Carer through the Platform in return for the Services offered by the Pet Carer and includes any Additional Costs. The Dogg Fee and the Booking Fee are calculated as a percentage (%) of the Services Fee.

Services means the services which the Pet Carer agrees to provide to the Pet Owner (with respect to the pet) and any Optional Extras which the Pet Carer promotes and provides to the Owner through the Platform.

User means a Pet Carer, a Pet Owner or any third party who utilises the Platform for a legitimate purpose, whether they have registered as a Pet Carer or a Pet Owner on the Platform, or not.

2.2 In these Terms and Conditions, unless the context otherwise requires:

Scope

3.1 By registering as an Owner on the Platform:

3.2 The Platform enables you to identify a Pet Carer who matches your requirements and who you engage with to provide the Services to you. The terms of your agreement with the Pet Carer are set out in the Pet Caring Agreement between you and the Pet Carer.

3.3 We act as agent of the Pet Carer for the limited purpose of:

Your Obligations

4.1 The responsibilities in this clause apply when you are booking and receiving the Services from a Pet Carer, unless otherwise stated.

4.2 You must behave in a manner that is consistent with the Dogg Guidelines. https://link.dogg.com.au/guidelines. The Dogg Guidelines provide essential advice and information to ensure that Pet Carers, Pet Owners and the pets have an optimal experience. Some examples from the Dogg Guidelines are (this is not an exhaustive list):

4.3 You must comply with the policies and procedures we publish on our website that apply to Owners, including the following:

4.4 We reserve the right to terminate or suspend your registration on the Platform if you fail to comply with these Terms and Conditions and/or Dogg Policies or for any reason whatsoever in our absolute and unfettered discretion.

4.5 You must:

4.6 Optional Extras (which may incur Additional Costs) may be agreed with a Pet Carer, at the time of booking. If the Pet Carer incurs Additional Costs, these will be added to the Services Fee and it is the Owner’s responsibility to pay for those at the time of the booking.

4.7 You may agree to specific time and location requirements with a Pet Carer with respect to the Services provided that those requirements are made known to the Pet Carer before the Pet Owner’s booking is confirmed. Pet Owners must comply with the Dogg Policies.

4.8 You grant to us a royalty-free, non-exclusive licence to use your name together with your image (if you elect to provide that to us) and other information in your profile (if you elect to provide that to us) on the Platform for the purpose of:

4.9 This licence will automatically terminate when you cease being a Pet Owner (i.e. close your account and cease to be registered on the Platform). You indemnify us against any claim or loss arising from infringement or alleged infringement of the intellectual property rights of any third party which arises in connection with the materials provided by you to us including your image and other information in your profile.

Your Profile

5.1 You must provide to us, at your expense and on our request, the following:

5.2 You warrant that all information so provided and any information provided when you register as a Pet Owner or otherwise during the Term of this Agreement and/or posted by you to the Platform is true, accurate and complete.

5.3 You must not, in relation to your use of the Platform:

Ethical Use of the Platform

6.1 Dogg may insist at any time that, as a condition of your continued use of the Platform, you submit to a background check. You consent to Dogg making enquiries if you supply the contact details of personal referees to us. We will only ever enquire about your suitability to procure the Services of a Pet Carer.

6.2 We reserve the right, at all times, to refuse or terminate the registration of a Pet Owner on the Platform where we form the view, acting reasonably, that the Pet Owner is not suitable for the Platform. Our decision is final and absolute in our unfettered discretion.

Our Obligations

7.1 We will provide you with access to the Platform and the functionality which is enabled by the Platform including the ability to promote your Profile to Users and manage the booking and payment to procure Services. Our agency does not extend beyond the scope described in clause 3.

7.2 We may, at any time, enhance and/or alter the features and functionality of the Platform at our sole discretion and without notice to you.

Intellectual Property

8.1 You grant to us a royalty-free, non-exclusive, perpetual, irrevocable licence to use, copy and distribute information or content (including photographs, text, audio/visual works) which appears in your Profile for the purpose of:

8.2 When you post content to your Profile, you warrant to us that you own or control the intellectual property rights and have obtained all necessary consents and have the legal rights to grant the licence to us in clause 8.1. You indemnify us against any claim or loss arising from infringement or alleged infringement of third party intellectual property rights of any third party or failure to obtain consent which arises in connection with the information and content which you publish to your Profile.

8.3 Dogg’s trade marks are used and displayed in conjunction with the Platform and must not be copied or used by you unless authorised in writing by Dogg.

Privacy and Personal Information

9.1 In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our privacy policy. https://link.dogg.com.au/privacy.

9.2 The Pet Owner consents and agrees that Dogg will share the Pet Owner’s name, email address and phone number with the Pet Owner, in respect of the booking of Services, to enable the Pet Carer to provide the Services to the Owner. It is your discretion to decide whether to share your physical address or any other personal details with the Pet Carer.

9.3 In all cases Dogg requires the Pet Carer to submit to a background check as an essential pre-requisite for registration on the Platform. Dogg reserves the right to refuse or to terminate the registration of any User at any time and without giving a reason.

9.4 If the Services procured by you include dog walking, we may require the Pet Carer to utilise geolocation tracking technology during the performance of those Services. In that case, the Pet Carer’s geolocation data (during the performance of dog walking Services) will be shared with Dogg and with you, the Pet Owner, in connection with the Services. The Pet Carer must consent to this.

Disputes

10.1 If a dispute arises between you (the Pet Owner) and a Pet Carer, you must follow the Dispute Resolution Policy. https://link.dogg.com.au/dispute. You must read the Dispute Resolution Policy because you will be bound by that policy when you accept these Terms and Conditions and also when you enter into the Pet Caring Agreement between you and the Pet Carer.

Cancellations

11.1 If you, the Pet Owner, cancel the Services or if the Pet Carer cancels the Services in both cases the parties must abide by the Payments and Refunds Policy. http://link.dogg.com.au/payments-refunds. In most (but not all) cases the Pet Owner will be entitled to receive a full or partial refund of the Services Fee. Please refer to the Cancellations Policy for further details. http://link.dogg.com.au/cancellations.

Dangerous Dogs

12.1 A Dangerous Dog must not be offered or promoted on the Platform. The Pet Owner must not use the Platform to procure the Services of a Pet Carer in relation to a Dangerous Dog.

12.2 If a dog is declared a Dangerous Dog during the Term of this agreement you must promptly withdraw that Dangerous Dog from being offered or promoted on the Platform

12.3 You must inform a Pet Carer if a Dangerous Dog is likely to be present at premises where you invite a Pet Carer.

Insurance

13.1 Dogg has acquired certain insurance coverage which is for the benefit of Dogg and also covers, to a limited extent, the Pet Carer. The insurance does not cover the Pet Owner with respect to loss incurred or claims made against a Pet Owner arising from the Services performed by a Pet Carer.

13.2 The Pet Owner is solely responsible to take out and keep current their own insurance to cover their risk of loss or liability arising from:

13.3 The Pet Owner is responsible for making true, accurate and complete disclosure to their insurer in relation to obtaining insurance.

13.4 The Pet Owner is responsible to pay any excess/deductible under the insurances which it effects.

13.5 You, the Pet Owner, acknowledge that a Pet Carer will not be covered by the Insurance Policy if their loss arises in relation to a Dangerous Dog.

13.6 We strongly recommend that you obtain your own appropriate insurance coverage covering loss of property and/or death or injury of your pet when you procure Services.

Payment and Fees

14.1 The Pet Carer is responsible for setting the amount of the Services Fee which is charged by the Pet Carer for the Services provided by that Pet Carer to a Pet Owner.

14.2 You must pay for the Services using the functionality of the Platform. We engage a reputable third-party online payment facilitator to enable you to pay for the Services on the Platform.

14.3 We will hold the Services Fee paid by you and, provided that the Pet Carer performs the Services, we will subtract the Dogg Fee from the Services Fee and remit the balance to the Pet Carer in accordance with our standard payment terms described in the Payments and Refunds Policy. http://link.dogg.com.au/payments-refunds.

14.4 You are responsible for agreeing (or not) to the amount of the Services Fee which you are charged to you by the Pet Carer. The inherent functionality of the Platform will enable you to know the Services Fee before or at the time when you make a booking on the Platform.

14.5 We will invoice you, the Pet Owner for the Services Fee on behalf of the Pet Carer. We will do this as the agent of the Pet Carer by issuing a tax invoice to you. The invoice will contain sufficient information to enable you and the Pet Carer to identify the specific Services and the associated Services Fees (including Additional Costs and Optional Extras).

14.6 You, the Pet Owner, will be charged a Booking Fee when you use the Platform to book Services. The Booking Fee is payable in return for granting you access to the functionality of the Platform. The Booking Fee is:

14.7 Following receipt by us of the Services Fee and confirmation (to our satisfaction) that the Services have been completed by the Pet Carer, we will pay to the Pet Carer the balance of the Services Fee after deducting the Dogg Fee. Payment of the balance of the Services Fee to the Pet Carer can only be made when, and if, we have received payment from you, the Pet Owner.

14.8 The Dogg Fee and the Booking Fee are calculated in accordance with our fee structure, described here: http://link.dogg.com.au/fees-charges. We reserve the right to vary the Dogg Fee and the Booking Fee at any time but will give you not less than 30 days’ notice of any change.

14.9 We will keep and maintain records of the revenue generated from bookings of the Services through the Platform.

14.10 All of the Fees are stated on a GST inclusive basis. We will charge and collect GST where we are required to do so according to applicable laws.

14.11 The Services Fee and the Booking Fee will be charged to your credit card at the time that you make the booking. If you cancel the Services or if the Pet Carer cancels then our Payments and Refunds Policy will apply. http://link.dogg.com.au/payments-refunds.

Limitation of Liability

15.1 We are not responsible for any communication, interaction or relationship between you and any other user of the Platform, (including a Pet Carer) whether or not it occurs on the Platform or by another means. The relationship between you and the Pet Carer is governed by the Pet Caring Agreement and any statutory terms which cannot be excluded, restricted or modified (including, for example, under the Australian Consumer Law).

15.2 Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to these Terms and Conditions to the extent required by Law.

15.3 Subject to clause 15.2, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform:

15.4 Neither party will be liable to the other party (or to any other person) for any Indirect Loss arising from a breach of this Agreement or otherwise in connection with the provision of the Platform.

15.5 For the purposes of clause 15.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss).

Indemnity

16.1 The Pet Owner agrees to indemnify, defend and hold Dogg (and each of its officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:

except to the extent such Loss arises from our wilful misconduct.

Confidentiality

17.1 Any Confidential Information disclosed by one party (Discloser) to the other party (the Recipient):

Termination and Suspension

18.1 The Pet Owner may terminate their account on the Platform at any time by following the account termination process in the Platform or by contacting Dogg directly at [email protected]. If the Pet Owner has Services booked at the time they give notice of termination, we will close the Pet Owner’s account after the date of the last booking by the Pet Owner.

18.2 We may terminate or suspend your account at any time by giving written notice to you.

18.3 If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure and will refund monies we are holding for bookings and will have no other liability to:

Feedback and Complaints

19.1 If you wish to make any comments about the Platform or your experience as a Pet Owner, we encourage you to provide us feedback by contacting us by either:

19.2 We have established an Incident Reporting Policy:

http://link.dogg.com.au/incident-reporting and Complaints Policy: http://link.dogg.com.au/complaints to enable you to report an incident and/or make a complaint. That policy describes the process to manage your complaint and find a resolution. We are continuously trying to improve our procedures to provide a better Platform.

Updates to these Terms and conditions

20.1 We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.

20.2 If you access the Platform following any amendment to these Terms and Conditions you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions, you can choose to close your account with us.

Notices

21.1 Notices given under these Terms and Conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform.

21.2 A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.

General

22.1 You grant to us a royalty-free, fully paid up, worldwide, non-exclusive perpetual licence to use and incorporate into the Platform and/or into our business any general suggestions, enhancement requests, recommendations or other feedback provided by the you.

22.2 We reserve the right (but we do not have any obligation) to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended and that Users are complying with these Terms and Conditions.

22.3 These Terms and Conditions (and any document incorporated herein by reference) records the entire agreement between the parties in relation to its subject matter.

22.4 Each party must (at its own expense) do all things reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party and expressed in these Terms and Conditions.

22.5 The rights and obligations in clauses 15, 16, and 17 will survive the termination or expiry of these Terms and Conditions.

22.6 All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.

22.7 These Terms and Conditions are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these Terms and Conditions.

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