Terms and Conditions
PupCare Terms and Conditions
Last updated: 15, October 2024
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Macartney Holdings Pty Ltd ABN 49 663 760 183 (hereafter referred to as “PupCare,” “we,” “us,” or “our”) provides the PupCare Platform, a suite of software applications and websites enabling pet owners to connect with pet care service providers for various pet-related services, including but not limited to grooming, boarding, and training services (the "Pet Services"). These Terms govern your use of the PupCare platform.
By using or accessing the PupCare Platform, you (“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. Please review these Terms carefully, as they constitute a legally binding contract between you and PupCare.
If you do not agree to these Terms, you must not use the Platform in any way, including contacting or communicating with Users via the Platform.
The Platform is intended solely for persons 18 years or older. By accessing or using the Platform, you represent and warrant that you are 18 or older. If you are under 18, you may use the Platform only with the involvement of a parent or guardian.
Each User agrees that a binding legal contract is created between each pet owner ("Owner") and the pet care service provider ("Service Provider") when Pet Services are booked through the Platform. Any agreement between Users is governed by these Terms and any additional terms specified in the relevant booking.
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Contents
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Key Term
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Disclaimer and Limitation of Liability
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Modifications to these Terms
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Compliance with Australian Laws
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Relationship Between Users and PupCare
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How the PupCare Platform Works
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User Responsibilities
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Our Service and Booking Fees
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Payments
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Cancellation Policy and Refunds
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Insurance
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Property Damage
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Risk Management and Assumption of Risk
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Fair Conduct and Use of the Platform
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User-Generated Content and Intellectual Property
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Privacy and Data Protection
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Dispute Resolution
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Governing Law and Jurisdiction
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Miscellaneous
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Contact Details
1. Key Terms
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“Account” – A record of information created when a person registers on the Platform.
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“Booking” – The engagement of a Service Provider by an Owner via the Platform for Pet Services.
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“Booking Fee” – The fee payable by an Owner to PupCare when making a Booking.
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“Service Provider” – A person who provides Pet Services through the Platform.
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“Owner” – A person who registers on the Platform and books Pet Services through the Platform.
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“Pet Services” – Services provided by Service Providers, including but not limited to grooming, boarding, and training.
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“Platform” – A suite of software applications and websites that enable Owners to search for and book Pet Services.
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“User” – A person who creates an account or otherwise uses the Platform.
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2. Disclaimer and Limitation of Liability
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Disclaimer
To the maximum extent permitted by Australian law, PupCare, its directors, officers, employees, contractors, and agents disclaim all liability for any direct, indirect, incidental, or consequential loss, damage, or injury arising from:
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The use of the Platform.
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The provision or receipt of Pet Services.
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Interactions between Owners, Service Providers, or third parties.
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PupCare is not responsible for the actions or omissions of any User or third party, including any damages or losses caused by another User in connection with Pet Services.
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Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (ACL), including guarantees regarding services that cannot be lawfully excluded. However, to the maximum extent permitted by law, PupCare’s liability to you for any breach of any consumer guarantee under the ACL is limited to the resupply of services or the cost of resupplying services.
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3. Modifications to these Terms
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PupCare reserves the right to modify these Terms at any time. You should review the Terms regularly for updates. If we make significant changes, we will notify you via email or through the Platform. Your continued use of the Platform following any changes will signify your acceptance of the revised Terms. Fee changes will be communicated to users at least 30 days prior to their implementation.
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4. Compliance with Australian Laws
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You agree to comply with all applicable local, state, and federal laws and regulations of Australia when using the Platform or providing Pet Services, including but not limited to:
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Australian Consumer Law (ACL) regarding consumer rights and guarantees.
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Fair Work Act 2009 if relevant to your activities.
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Privacy Act 1988 (Cth) for personal data protection.
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Taxation obligations, including Goods and Services Tax (GST) and income tax reporting.
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5. Relationship Between Users and PupCare
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Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between PupCare and any User. Users act as independent contractors when providing or receiving Pet Services.
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6. How the PupCare Platform Works
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The Platform allows Owners to search for and book Pet Services provided by Service Providers. Users must register an Account and provide accurate personal information.
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PupCare only facilitates the connection between Owners and Service Providers; it does not provide the Pet Services itself. Owners and Service Providers must independently agree on the terms of their service agreement.
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7. User Responsibilities
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Accurate Information: Users (both Owners and Service Providers) agree to provide and maintain accurate, current, and complete personal information in their accounts.
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Service Providers’ Compliance: Service Providers are solely responsible for complying with any applicable licensing, certification, and insurance requirements related to providing Pet Services. Service Providers must update their information on the Platform promptly in case of any changes to their certifications or insurance.
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Compliance with Local Regulations: Users agree to abide by all applicable local laws and regulations when using the Platform or providing Pet Services.
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8. Our Service and Booking Fees
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Registering on the Platform is free. PupCare charges fees for certain services, including a Booking Fee, which will be disclosed at the time of booking.
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PupCare reserves the right to modify fees at any time. Fee changes will be communicated to users at least 30 days prior to their implementation.
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9. Payments
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Payment Gateway
Payments for Pet Services are processed through a secure third-party payment gateway (e.g., Stripe, PayPal). By submitting payment information, you authorize PupCare and its payment processors to charge your designated payment method. PupCare does not store credit card information on its servers.
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Payment Failures
In the event of payment failure, Users will be notified, and service may be suspended or terminated until payment is successfully processed.
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Dispute Resolution
In case of a payment dispute between Users, PupCare may facilitate refunds or chargebacks in line with applicable laws and regulations.
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10. Cancellation Policy and Refunds
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Cancellation Policy
Service Providers may establish their own cancellation policies, which must be clearly communicated on their profiles. Owners and Service Providers agree to be bound by these cancellation terms.
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Refunds
Refunds are subject to the Service Provider’s cancellation policy. PupCare is not liable for any dispute over cancellations or refunds but may mediate disputes if necessary.
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Force Majeure
In the event of cancellations due to force majeure (events beyond reasonable control, including natural disasters, government actions, or pandemics), neither the Service Provider nor the Owner will be held liable for penalties, and refunds will be processed in accordance with PupCare's refund policy.
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11. Insurance
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Insurance Coverage
PupCare may offer certain insurance options related to Pet Services. Service Providers are strongly encouraged to maintain their own public liability and professional indemnity insurance to cover potential damages to property or injury to pets while providing Pet Services. Details, exclusions, and limitations of any insurance offerings will be provided at the time of booking.
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PupCare disclaims responsibility for insurance claims between Users unless explicitly covered by an insurance policy through the Platform.
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12. Property Damage
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PupCare disclaims responsibility for any property damage arising from the use of the Platform or the provision of Pet Services. If insurance covering property damage is offered, details will be provided, and claims will be subject to the policy terms.
13. Risk Management and Assumption of Risk
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Users acknowledge that the provision and receipt of Pet Services involve inherent risks, including injury to pets, property damage, or health and safety risks. By using the Platform, you assume all risks associated with Pet Services.
You agree to release, indemnify, and hold harmless PupCare from any claims arising out of your use of the Platform, except where such liability is non-excludable under the Australian Consumer Law.
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14. Fair Conduct and Use of the Platform
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You agree to use the Platform in good faith and in accordance with these Terms. PupCare reserves the right to suspend or terminate your Account if you engage in unlawful, fraudulent, abusive, or inappropriate conduct, or if you violate these Terms.
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Users must not harass, discriminate, or engage in harmful conduct towards other Users or their pets. The creation of multiple accounts to exploit the system is prohibited.
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15. User-generated content and Intellectual Property
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By posting content on the Platform, you grant PupCare a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, distribute, and display such content.
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Upon deactivation of a User account, any content previously shared on the Platform may remain visible and available for use by PupCare, in accordance with the license granted herein.
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PupCare retains all rights to the intellectual property of the Platform, including its software, design, and functionality.
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16. Privacy and Data Protection
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PupCare is committed to protecting your privacy in compliance with the Privacy Act 1988 (Cth). Our collection, use, and disclosure of personal information are governed by our Privacy Policy.
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If data breaches occur, PupCare will comply with its obligations under the Notifiable Data Breaches scheme, including timely notification of affected users.
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17. Dispute Resolution
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In the event of a dispute, Users agree to first engage in a good faith attempt to resolve the issue through written communication within 30 days. If no resolution is achieved, PupCare may offer mediation services. If these steps fail, the dispute will be referred to binding arbitration under the Arbitration Act 1974 (Cth) or similar legislation.
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Any arbitration proceedings will take place in Sydney, New South Wales unless otherwise agreed by both parties.
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18. Governing Law and Jurisdiction
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These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of the Platform.
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19. Miscellaneous
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These Terms represent the entire agreement between you and PupCare. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
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PupCare will provide users with at least 30 days' notice via email or Platform notifications before terminating or making substantial changes to services, unless termination is due to user misconduct or unforeseen events. Users may not transfer or assign their rights without PupCare’s prior written consent.
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20. Contact Details
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If you have any questions or concerns, contact us:
Macartney Holdings Pty Ltd
6 Macartney St, Ermington NSW 2115
social@pupcare.com
(02) 9760 2388
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