Our Terms And Conditions
2. Your Account:
- To access and use some or all of the Services, you may need to register with us and set up an account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required (your “Account”). The email address you use to register your account will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
- PatchPets may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of PatchPets will result in an immediate termination of your Account
3. Using PatchPets
- You acknowledge and agree that PatchPets may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on PatchPets’ website or App and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to PatchPets’ website or App constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, you must not continue to use the Services.
- To use the Services, you must be over 16 years old or the minimum legal age of majority in the jurisdiction where you reside or from which you use this Service. You agree that you will not do any of the following;
violate any laws posting rules;
post any threatening, abusive, defamatory, obscene or indecent material;
act in a false or misleading manner;
infringe any third-party right;
attempt to create accounts or access or collect information in unauthorised ways;
post private or confidential information or do anything that violates someone else’s rights, including intellectual property;
distribute viruses or any other technologies that may harm PatchPets, the Services or the interests or property of PatchPet users;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PatchPet or PatchPet trademarks and/or variations and misspellings thereof;
harvest or otherwise collect information about others, including email addresses, without their consent; and/or
bypass measures used to prevent or restrict access to the Services.
- Please report any problems, offensive content and policy breaches to us at [email protected] You are solely responsible for all information that you give to PatchPets and any consequences that may result from your posts.
- We take no responsibility or liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users.
- PatchPet’s Services contain content from us, you, and other users. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.
- You agree not to copy, distribute the Services or modify content with respect to the Services, our trademarks or copyrights without our express written consent.
- You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content).
- When you provide us content, including pictures, you grant us and represent to us that you have the right to a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licence to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media, including third-party sites and applications.
- You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove any content where we reasonably suspect the violation of these terms or the rights of any other party.
6. Third-Party Services
- The Services may be made available or accessed in connection with third-party services and content (including advertising) that PatchPets does not control.
- You acknowledge and agree that by utilising any third-party services through our Services, you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
- If you to link a third party account to your Account (such as Pay Pal, Stripe or Apple Pay) you appoint PatchPets as your limited agent to:
- provide to the third party your name, address, payment amount, item details, and all other information required by the third party to enable the third party to process payments from your third party account; and
- receive payment confirmation and decline notices from the third party in respect to any payment transactions.
- When you link any third party account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to any third party account.
- If you have a dispute with a third party that does not arise directly as a result of an error by PatchPets, in respect of any payment transacted (or failed to be transacted) etc., you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
- PatchPets is not able to access your complete financial details or any third party account. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the payment method, unless such loss or damage was as a direct result of PatchPets’ error, in which case our liability is limited in accordance with clause 7.
- You acknowledge and agree that the information provided by PatchPets in relation to a Third Party Service is factual in nature only and PatchPets has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use any third party services and that you cannot rely on any of PatchPets’ advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.
7. Limitation of Liability:
- To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, PatchPets’ liability to you for any failure by PatchPets to comply with any statutory guarantee under the Australian Consumer Law is limited to PatchPets supplying the Services again or paying you the cost of having the Services supplied again.
- PatchPets excludes any liability to you for any loss or damage suffered by you as a result of PatchPets failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by PatchPets.
- Services are provided “as is” and “as available”. You agree that you will not hold us responsible for things other users post or do. We cannot guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered by other Users and or Third Parties.
- We cannot guarantee continuous or secure access to our Services. While we will endeavour to maintain uninterrupted service, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free.
- Notification functionality in the Services may not occur in real-time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
- To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
- You indemnify PatchPets and its employees, representatives and agents in respect of any and all liability, costs and expenses (including reasonable legal fees) incurred by PatchPets arising from, related to, or incurred in connection with any claims arising from any of your acts or omissions that breach a term of this agreement.
- We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
- If you have a dispute with one or more PatchPets users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
9. Personal Information
- We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner.
- PatchPets retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, PatchPets reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- Send questions, comments or complaints to PatchPets Customer Support.
10. Mobile Devices Terms
- If you’re accessing Patch Pets Services from a mobile device using a Patch Pets Mobile Application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.
- You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
- PatchPets grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement).
- Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.
- PatchPets owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof.
- You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter PatchPets’ copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any PatchPets Application.