Air Bark’n’Bark Terms of Service

Air Bark’n’Bark Terms of Service

These Terms of Service are a legal agreement between You and Air Bark’n’Bark Pty Ltd (ACN 659 841 317) governing your use of our website and mobile app. When used in these terms “Air Bark’n’Bark”, “we”. “us” or “our” refers to the Air Bark’n’Bark organisation with whom you are contracting.

 

The Air Bark’n’Bark Platform offers an online platform that enables users (“Users”) to publish a profile, offer dog minding services, search for dog minding services, book a dog minding service or connect with other Users for dog minding services.  Members who publish and offer services are “Minders” and Members who search for, book, or use services are “Finders.” You can register as both a Minder and a Finder. Finders are the owner of the animals, looking for other travellers or locals in an area to mind their pet. Minders offer their services to look after a pet for either a monetary value or a reciprocal arrangement.  You must register an account to access and use many features of the Air Bark’n’Bark Platform and must keep your account information accurate. As the provider of the Air Bark’n’Bark Platform, Air Bark’n’Bark does not own, control, offer or manage any of the pet Minders/Finders services. Air Bark’n’Bark is not a party to the contracts entered into directly between Minders and Finders, nor is Air Bark’n’Bark an insurer. We facilitate the connection between users, but arrangements are at the sole discretion of the Users (Minders and Finders).

 

By making use of or accessing the Air Bark’n’Bark Platform, you (hereafter “You” or “Your”) agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not You register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legally binding contract between You and Air Bark’n’Bark, under which we agree to maintain the Platform and provide the Services and You agree to pay the subscription Fee and to respect these Terms.

If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.

The Air Bark’n’Bark Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform You represent and warrant that You are 18 or older. We only allow minors over 15 on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided Air Bark’n’Bark with their proof of identity. The account created on the Platform is then shared by the minor and their parent / guardian and should expressly state that the parent / guardian vouches and takes full accountability for the actions of the minor.

All Users agree to use the Platform in a way that respects each other and supports the vision of Air Bark’n’Bark, to build a community that supports each other on the road. At no time will Air Bark’n’Bark tolerate posting of objectional content or abusive Users. We are all here for the love of dogs and travel. Users who abuse this requirement will be removed from the platform.

Each User agrees that a binding legal contract is created between each Minder and Finder when a Pet Service is booked or arranged through the Platform.  Any such agreement between Users is on these Terms and any other applicable terms in the relevant Booking.

 

Definitions

 

1. “Account” – a record of information about a person created when this person completes the registration process on the Platform;
2. “Booking” – the engagement of a Minder by a Finder either directly or via the Platform with respect to the provision of pet minding on the terms specified by the relevant Finder and Minder in the Platform’s booking process and these Terms;
3. “Content” – text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials;
4. “Fee” – the dollar amounts charged by the Minder and payable to the Minder by Users with respect to a self-arranged Booking;
5. “Insurance” and “Insurance Services” – the specific public liability insurance organised by Air Bark’n’Bark with the aim to protect Minders from certain liability that may arise as a result of accommodating and providing Pet Minding Services, subject to limitations and deductibles outlined in these Terms;
6. “Listing” – the listing by a Minder on the Platform of a Pet Minding Service the Minder is offering to provide to Finders, subject to the completion of a Booking;
7. “Mobile Applications” – any mobile application made available to Users with respect to Our Services and the Platform;
8. “Finder” – a person who completes Air Bark’n’Bark Account registration process as a pet owner as set out on the Platform and searches for and/or books Pet Minding Services via the Platform;
9. “Our Services” – the services, information and resources provided by Air Bark’n’Bark through the Platform;
10. “Payment Gateway” – the application provided on the Platform pursuant to which Finders can make payments for Subscription to the Platform;
11. “Pet” – the dog or other pet with respect to which the Finder is seeking and or books Pet Services;
12. “Pet Services” – services provided by Minders to Finders in accordance with a Booking arrangement, including without limitation the provision of minding of Pets and other Pet related services;
13. “Pet Service Fee” – the Fee payable by Finders to Minders for the provision of Pet Services pursuant to the relevant Booking, if a reciprocal arrangement has not been arranged;
14. “Platform” – a suite of software applications and websites that enables Finders/Finders to search for and book Pet Services offered by Minders. It encompasses both the Site and Mobile Applications;
15. “Profile” – that part of the Account that is visible to Users;
16. “Site” – any site made available by Air Bark’n’Bark with respect to the Platform;
17. “Minder” – a person who registers an Air Bark’n’Bark account and creates a Listing or otherwise offers to provide Pet Services via the Platform;
18. “Stay” – the number of hours, days, nights and/or sessions during which a Minder provides Pet Services and otherwise looks after a Pet either at their travelling location i.e. caravan park or at their home
19. “Third Party Providers” – Air Bark’n’Bark third party agents, contractors, distributors, merchants or sponsors or any User (including providers of medical or other services in respect of a Pet);
20. “User” – a person who creates an Account or otherwise uses the Platform or Our Services;
21. “User Generated Content” – a specific type of Content, that is submitted or uploaded by a User on the Platform; and
22. “You” – a person who accesses or uses the Platform, whether as a User including as a Minder, Finder or Both.

 

Release from liability

 

Air Bark’n’Bark, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services, the Pet Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) including, without limitation, loss or damage suffered as a result of negligence.

In entering any transaction or dealing with another User, you acknowledge that you are solely responsible for any relationship, agreement, or arrangement between You and that User.  Users accept liability for any decision made or action taken in reliance on any information contained on or omitted from the Platform.  We are not a party to any agreement or arrangement entered by or between the Users.

Any disputes, disagreements, or matters related to any dealings between Users are not our responsibility, and we are not obligated to be involved in such disputes, disagreements, or matters.  You release us (and our directors, employees and agents) from all claims, demands and damages (actual and consequential) arising out of or in any way connected with disputes with other Users.

 

Please let it Be clear that Air Bark’n’bark cannot and does not control any listings or pet services. Air Bark’n’bark is not responsible for and disclaims any and all liability related to any and all listings and pet services provided by or used by Users. Each Finder uses the Platform and the Pet Services provided by Minders at his or her own risk.

 

Criminal History.

By requesting to use, registering to use, and/or using the Air Bark’n’Bark Platform, you represent and warrant that you have not been convicted of an indictable offence and/or that you are not required to register as a person with animal abuse/neglect charges. Air Bark’n’Bark does not currently conduct criminal background screenings on its Users. For confirming compliance with this subsection, Air Bark’n’Bark reserves the right require a User to provide a National Police Check that is less than 3 months old or to conduct a National Police Check on a User and in this regard, You expressly consent to Air Bark‘n’Bark using your personal information for this reason. By agreeing to these Terms, you hereby authorize any such check if it is legally permissible in your jurisdiction.

 

Compliance with Laws

 

Providing and using Pet Services, and accessing or using the Platform and Our Services, requires compliance with all applicable local, state, national, and international laws. Licenses and permits are your responsibility. You are also solely responsible for complying with all applicable tax laws and regulations that apply to Your activity on the Platform. This includes the payment of tax on any amounts collected for Pet Services provided.

 

It is Your sole responsibility and obligation, without limitation to the preceding paragraph, to comply with any applicable laws relating to Pet Services, including without limitation those pertaining to the boarding of animals and the keeping of animals in private residences. Any applicable state and federal companion animal legislation, as well as local council regulations and bylaws, are included.

Air Bark’n’Bark accepts no responsibility for users who fail to obtain such permits, licences or permissions or otherwise comply with laws, rules or regulations.

 

How Air Bark’n’Bark works

The Platform can be used to book Pet Services provided by Minders. These Pet Services are shown on the Listings on the Platform. Users may be required to provide personal information, including without limitation about their homes, caravan, motorhome and their Pet(s), and may need to nominate a bank or PayPal Account. Each Minder can set the details and prices for the Pet Services. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Pet Services provided by the Platform or set up a Listing for Yourself, You need to register first in order to create an Account.

 

Each Minder must provide the Pet Services in accordance with the relevant Booking, and each Finder must pay the Pet Service Fee pursuant to that Booking to the Minder. Air Bark’n’Bark does not charge a booking fee.

 

We will be offering the Patform for free until such time as an effective network, in the absolute and sole discretion of Air Bark’n’Bark, of Minders and Finders is established. At that point, Air Bark’n’Bark will charge subscription fees as follows:

• $4.95 per month;
• $16.95 per 6 months; or
• $27.95 for an annual subscription fee.

 

These fees are subject to change without notification.

 

Air Bark’n’Bark connects Finders and Minders and provides the Platform to connect Users as set out in these Terms. Air Bark’n’Bark plays no role in the agreements between Finders and Minders with regards to the provision of Pet Services. Finders and Minders are solely responsible for such agreements.

 

 

Failure to retrieve Pet(s)

 

If a Finder makes a Booking with a Minder for Pet Services and fails to retrieve the relevant Pet(s) within five (5) days (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Pet Services, the Finder agrees that Air Bark’n’Bark may (but has no obligation to), in its sole discretion, place or arrange a third party to place the relevant Pet(s) in foster care, shelter or similar and may notify the relevant authorities.  Each Finder agrees that they are solely responsible for and indemnify Air Bark’n’Bark for all costs, expenses and liabilities that Air Bark’n’Bark may incur arising directly or indirectly from the Finder failing to retrieve the relevant Pets with respect to any Booking of the Finder.  Nothing in these Terms operates to limit any applicable laws that may apply to a Finder’s failure to retrieve Pet(s) with respect to any Booking of the Finder, including any applicable animal abandonment or cruelty laws or imposes any obligation on Air Bark’n’Bark to step in.

 

Medical Issues and Emergencies

 

The contact information relating to the Finder and the Minder who have entered a Booking is automatically provided to the other party during the Booking process.

 

A User acknowledges and understands that such contact information will be used if Air Bark’n’Bark, a Finder or a Minder (as needed) needs to contact them, including in case of an emergency, a medical issue or otherwise in providing any applicable Pet Services. You must keep all  contact information up-to-date at all times and must ensure that any Finder or Minder You engage using the Platform is provided with and aware of such contact information.

 

In the event a Minder, in carrying out Pet Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Minder’s care, the Minder must immediately contact the relevant Finder using the contact information provided by the Finder.  In such case, the Finder agrees to respond to such communication from the relevant Minder and to provide instructions as to how the Minder should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Minder can contact the veterinary contact provided by the Finder or in the absence of such contact information, a veterinary that the Minder reasonably believes to be appropriate.

 

In the event a Pet reasonably requires veterinary care or any form of medical assistance whilst in the care of a Minder pursuant to a Booking, then, providing that the veterinarian or medical practitioner is qualified to provide medical treatment or advice concerning the Pet in accordance with any applicable laws, the Finder acknowledges, agrees and authorises any actions to be taken with respect to the Pet that the veterinarian or medical practitioner recommends.

 

Without limiting the above, in case of any emergency relating to a Pet in the care of a Minder, the Minder must immediately notify the Finder (and any emergency contact provided by the Finder pursuant to the relevant Booking) and Air Bark’n’Bark by sending us an email at admin1@airbarknbark.com.au (and putting “URGENT Emergency” in the email subject line). The Minder must provide all relevant details of any emergency so that the Finder, the Finder’s emergency contact and/or Air Bark’n’Bark can determine which veterinary care is required.  In the event that the Minder is unable to contact the Finder or the Finder’s emergency contact, Air Bark’n’Bark will make reasonable efforts during Air Bark’n’Bark’ normal business hours to contact the Finder or their emergency contact and notify them of the situation.

 

If the Finder or the Finder’s emergency contact cannot be contacted in event of an emergency, the Finder authorises the Minder and/or Air Bark’n’Bark to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet.

 

Without limiting the above, if a Finder and a Minder agree in writing as to the procedure to be followed in the event of an emergency, the Minder must use best endeavours to comply with such directions.  Notwithstanding this, each Finder agrees that the Minder can seek veterinary care or other medical assistance, as the Minder, acting in good faith, considers reasonably appropriate, including in the event that the Finder cannot be contacted.

 

In the event that Air Bark’n’Bark and/or a Minder obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Finder must:

• except to the extent that the Finder and the Minder have agreed otherwise in writing, indemnify the Minder for any and all reasonable costs, expenses and liabilities incurred by the Minder in connection with the relevant veterinary care or medical assistance;
• indemnify Air Bark’n’Bark and any authorised representative of Air Bark’n’Bark, from and against any cost, expense or liability incurred by Air Bark’n’Bark or their authorised representative in connection with the relevant veterinary care or the medical assistance; and
• release and hold harmless Air Bark’n’Bark and their authorised representatives, from and against any liability that may arise (whether under contract, tort, statute or otherwise) as a result of the Minder failing to seek veterinary care or medical assistance in respect of a Pet.

 

Each Finder agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Finder’s Pet under a Booking may be charged directly to the Finder’s credit card or PayPal account.  The Finder also authorizes the Air Bark’n’Bark to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank or PayPal account of the Finder using any credit card or PayPal details provided by the Finder.

 

 

Insurance

 

Air Bark’n’Bark recommends that Users obtain appropriate insurance for their Pet Services. Please review any insurance policy that You may have for Your Pet Services carefully, and please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of pets with respect to which You provide any Pet Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Pet Services may void your coverage or result in denial of an otherwise covered claim.

 

Property Damage

 

Air Bark’n’Bark does not cover any property damage caused by a Pet or by a Minder to a Minder or Owner’s property or any other person’s property living in the same household as the Minder, nor does it cover any damage to a User’s property directly or indirectly caused by the Pet Services.  Notwithstanding this, You acknowledge and agree that Air Bark’n’Bark does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless Air Bark’n’Bark with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Services, including with respect to any damage of property.

 

Air Bark’n’Bark is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Pet Services must be settled between the relevant Users.  Each User releases and indemnifies Air Bark’n’Bark with respect to any dispute between Users, including (without limitation) with respect to damaged property.  This notwithstanding, Air Bark’n’Bark may elect, in its absolute discretion, to facilitate communication between disputing Users.

 

Warranties and guarantees

 

This clause applies notwithstanding anything in these Terms to the contrary.

Air Bark’n’Bark and its affiliates and Third Party Providers and their respective directors, officers and/or employees (collectively referred to as ‘Air Bark’n’Bark entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law.

 

Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Our Services are provided “as is” and each Air Bark’n’Bark entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each Air Bark’n’Bark entity disclaims any guarantee that the operation or use of the Platform or provision of Our Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the Air Bark’n’Bark entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no Air Bark’n’Bark entity is responsible for any delivery failures, delays or other damage resulting from such problems.

 

Nothing in the preceding paragraphs will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each Air Bark’n’Bark entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant Air Bark’n’Bark entity) and each User agrees that it is reasonable for the relevant Air Bark’n’Bark entity to limit liability in the following manner:

 

In the case of services (including Our Services):

 

• the supplying of the relevant services again; or
• the payment of the cost of replacing the service or of acquiring equivalent services; or
• the payment of the cost of having the relevant services supplied again.

 

 

To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform, Our Services or the Pet Services, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising providing or receiving Pet Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.

Each User acknowledges that Our Services and Pet Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that Air Bark’n’Bark is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Minder is appropriate or suitable for the provision of Pet Services in relation to any Pet.

 

To the maximum extent allowed at law, Air Bark’n’Bark makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Minders on the Platform, nor as to the quality, security or positive features of the Minder or any location where Pet Services are provided. Air Bark’n’Bark takes no responsibility for any negative ratings or comments posted by Minders or Finders and Users expressly acknowledge that Air Bark’n’Bark is not required to monitor the User Generated Content for any negative or potentially defamatory content posted by a User. If a User identifies any content that it determines is defamatory, it must immediately contact Air Bark’N’Bark to notify Air Bark’n’Bark of the dispute.

 

Air Bark’n’Bark is not a party in any Booking, agreement or transaction between Users.

 

Air Bark’n’Bark is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications.  Each Finder and Minder must make available all relevant information reasonably required in connection with the provision of Pet Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Pet Services.

 

Fair Conduct and Use of the Platform

 

Users must only use the Platform, Our Services and the Pet Services in good faith and with respect for each other User. Air Bark’n’Bark reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms.  Without limitation, You must not do any of the following with respect to the Platform or Our Services:

 

• Use or access the Platform for a commercial purpose other than the provision or receipt of Pet Services;
• Post any misleading, untrue, offensive, defamatory, malicious or otherwise inappropriate Content on or to the Platform;
• Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;
• Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform or to avoid any payments that need to be made related to the Platform in accordance with these Terms;
• Use the Platform for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to defamation, trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;
• Disguise the origin of information transmitted to, through or from the Platform;
• Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;
• Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);
• Distribute viruses or other harmful computer code to or on the Platform; or
• Use the Platform to post objectionable content.
• Use the Platform in a way that abuses other Users.
• Otherwise use Our Services or the Platform in a way that was not intended by us.

 

 

Users have the right to report or filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:

• Reporting a User’s profile or communication as inappropriate;
• Blocking a User from viewing your profile and vice versa
• Direct e-mail to Air Bark’n’Bark via admin1@airbarknbark.com.au

 

Air Bark’n’Bark will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.

 

Air Bark’n’Bark reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, Air Bark’n’Bark reserves the right, in its sole discretion, to delete any User Generated Content that Air Bark’n’Bark considers is inappropriate.

 

Feedback

 

We welcome any feedback from Users with respect to Our Services.  To create a fair and impartial representation of Our Service provision, each User agrees to actively engage in Air Bark’n’Bark’ Feedback process and post their honest and impartial Feedback after using Pet Services as follows:

 

• If the User is a Finder, Feedback should be given on each Minder whose Pet Services the Finder has used; and
• If the User is a Minder, Feedback can be given on each Finder to whom the Minder has provided Pet Services, as well as the relevant Pet.

 

In case You fail to do so, Air Bark’n’Bark reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Platform.

 

Links to Third Party Sites

 

The Platform may have references or contain links to sites controlled by parties other than Air Bark’n’Bark. Air Bark’n’Bark provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, Air Bark’n’Bark is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions and ensure that each such third-party site is free of viruses or other items of an intrusive nature.

 

Third Party Advertising and Analytics Cookies

 

Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies.  These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to You.

 

Termination and Account Cancellation

 

If You breach or threaten to breach these Terms, Air Bark’n’Bark reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice and without any refund of any Fee paid by You.

 

Air Bark’n’Bark may, in its sole discretion and with or without prior notice, without liability to You, with or without cause, and at any time: (a) terminate these Terms or Your access to the Platform, and (b) deactivate or cancel Your Air Bark’n’Bark Account or registration or similar uses of the Platform. Air Bark’n’Bark’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. Air Bark’n’Bark may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your Air Bark’n’Bark Account at any time by sending an email to admin1@airbarknbark.com.au. Your registration will expire at the end of the annual subscription period.

 

Intellectual Property Rights

 

We and our licensors (as applicable) own all intellectual property in Air Bark’n’Bark and the Platform, including any updates, enhancements and new features we may provide.

All images/ graphics, information, text, material, software and ads on the Platform are Copyright (c) of Air Bark’n’Bark, its suppliers, partners and/or licensors, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on the Platform without the prior written consent of Air Bark’n’Bark. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.

 

You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by Air Bark’n’Bark. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by Air Bark’n’Bark. The Content of the Platform is protected by Australian copyright and trademark laws.

 

In order for us to allow You to post User Generated Content to the Platform, You (a) assign to us all rights You may have in such Content, this is effective on posting; (b) give us permission to do anything in relation to such Content which, but for such permission, would infringe any moral rights You may have in such Content; and (c) warrant that (i) You have the right to post such Content, and (ii) such posting, and exercise of any rights in such Content by us or any person authorised by us, will not infringe any laws or any rights of any other person.

 

We give You a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Platform and any other software provided to You by us in relation to Air Bark’n’Bark.  This licence is solely to enable You to use and enjoy Our Services and the Platform and You may not copy, modify, distribute, sell or lease any part of our intellectual property.

 

We own all trademarks, branding and logos contained in, or relating to, Air Bark’n’Bark and You cannot use them for any purpose without our express written consent.

 

Information and Confidentiality

 

Air Bark’n’Bark attempts to maintain the accuracy and integrity of the information on the Platform and tries to moderate User Generated Content such as User ratings. However, Air Bark’n’Bark does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without our knowledge or consent. Air Bark’n’Bark disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted at law. If You believe that information found on the Platform is unauthorised, inaccurate or incomplete, please inform us by sending an e-mail to admin1@airbarknbark.com.au .

 

Any personal information You submit to the Platform is governed by our Privacy Policy (for more information please visit our Privacy Policy page: Privacy Policy). This Privacy Policy applies to all and any information You may provide to the Platform as a User or to receive further information, updates and promotions about and/or related to the Platform.

We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us.  You will continue to own all intellectual property rights in such information.  However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner.  This right continues even if You no longer use Our Services or the Platform.  We will only use this information for the purposes of operating, promoting or improving Our Services and the Platform, for developing other products or services, and for any other purposes set out in our privacy policy.  This means, for example, that we might use this information to compile statistical information for use in marketing Air Bark’n’Bark, to make improvements to Air Bark’n’Bark, or to develop complementary products or services to Our Services.

 

If you would like to know more about how we use, store or handle your personal information, please contact us.

 

Without limiting the foregoing, each User acknowledges and agrees that the Platform will provide their approximate location on a map available to the public. Air Bark’n’Bark will endeavor to do so in a way that only approximates the distance to the Minder or Finder and not will not provide the ability to locate Users without authorisation by both Users to facilitate a meet and greet or Pet services.

 

Each User is responsible for maintaining his/her Account information and keeping the User’s password confidential and for restricting access to his/her Account and such information. Users are responsible for all activities that take place on their Account or through their passwords.

 

User Generated Content

 

The Air Bark’n’Bark Platform facilitates transactions between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content.

 

Minders agree that, upon reasonable request by a Finder for whom they are providing Pet services pursuant to a Booking, the Minder will use reasonable endeavours to provide photographic updates of the relevant Pet via the Platform or as otherwise agreed with the Finder.

 

Air Bark’n’Bark occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. Through tagging, @ing or use of associated hashtags such as #AirBarknBark. You consent and agree that Air Bark’n’Bark is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Instagram and other sites determined by Air Bark’n’Bark, these images may also appear in paid advertisements. You give us permission to do anything in relation to such Content which, but for such permission, would otherwise infringe any moral rights You may have in such Content.

 

Air Bark’n’Bark also reserves the right to modify, delete or block selected User Generated Content from the Platform. Reasons why this might be done include, but are not limited to, the following examples:

• A response to a User complaint of objectionable material that Air Bark’n’Bark deems inappropriate; and
• Helping Users set up a Minder Profile, Pet Profile, and writing reviews.

 

 

Miscellaneous

 

These Terms (together with the Privacy Policy and any Air Bark’n’Bark Rules available on the Platform which may be published or amended from time to time) form the entire understanding relating to the use of the Platform and any of Our Services or Pet Services provided in relation to the use of the Platform and supersede any prior or conflicting, contemporaneous or additional, understandings. Air Bark’n’Bark reserves the right to change these Terms or policies relating to the Platform at any time, without prior informing You and such changes will be effective upon being posted on the Platform. You acknowledge that these Terms are binding on You and agree to visit this page from time to time to review the then current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms published on particular pages of the Platform. These notices may be posted on the Platform from time to time. Your continued use of the Platform after any such postings is considered Your consent to such changes.

 

These Terms will be governed by the laws of Australian Capital Territory, Australia, without regard to its conflict-of-law provisions. All Users submit to the non-exclusive jurisdiction of the courts of that Territory for all matters relating to these Terms or the Platform. Any dispute arising out of Your use of the Platform, or the Services purchased on it, will be subject to the non-exclusive courts of that jurisdiction.

 

You may not assign any of Your rights or obligations under these Terms without the prior written approval of Air Bark’n’Bark. Any alleged assignment in violation of this section shall be void. Air Bark’n’Bark may assign or renew any or all our rights or obligations under these Terms without Your consent or notice to You and You agree not to object on any ground to, and at Your cost to sign such documents and do such things as necessary to give effect to, any such assignment or novation. All and any rights not expressly granted herein are reserved by Air Bark’n’Bark.

 

If any provision of these Terms is held by a court of competent jurisdiction to be

invalid or unenforceable, then such provision(s) shall be severed to the extent necessary to address such invalidity or unenforceability, with all other provisions remaining in full force and effect.

 

Interpretation

 

The following rules of interpretation apply, unless the context requires otherwise.

• Headings are for convenience only, and do not affect interpretation;
• The singular includes the plural and conversely;
• A gender includes all other genders;
• Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
• The words “includes” and “including” are not words of limitation;
• A reference to:

 

■      A person can be an individual, a partnership, a joint venture, an unincorporated association, a corporation, or a government or statutory body.

■      a person includes the person’s legal personal representatives, successors, assignees and persons substituted by novation;

■      any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;

■      this or any other document includes the document as varied;

■      writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form;

■      a clause is a reference to a clause of these Terms.