Terms of Service

This site is operated by DogPeer ("DogPeer"), a subsidiary of Australian comapany Prana Products PTY LTD. By using any of the sites owned and operated by Dog Peer, including, but not limited to www.DogPeer.com, www.DogPeer.com.au (collectively referred to herein as the "Site", “we”, “us”, or “our”), You are indicating your acceptance to be bound by the provisions of these Terms of Use. DogPeer, may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms You and User as used herein refer to all individuals and/or entities accessing the Site for any reason.

DogPeer provides the DogPeer Platform including a suite of software applications and websites that enable Breeders to find Buyers that want to purchase their dog/puppies/semen. The DogPeer Platform was set up to help provide breeders a platform to sell their puppies/dogs.

In certain circumstances, DogPeer also sells products in its marketplace, as well as pet insurance.

By making use of or accessing the DogPeer 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 DogPeer, under which we agree to maintain the Platform and provide the Insurance Services and You agree to pay the 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 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 on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided DogPeer 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.

Each User agrees that a binding legal contract is created between each Breeder and Buyer when a canine  is sold through the Platform. Any such agreement between Users is on these Terms and any other applicable terms in the relevant Listing.

THE PLATFORM AND OUR SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BREEDERS MAY SET UP LISTINGS FOR CANINES, AND BUYERS MAY FIND, INITIATE, AND BUY THESE CANINES.

YOU ACKNOWLEDGE AND AGREE THAT DOGPEER IS NOT A PARTY TO ANY AGREEMENTS BETWEEN BREEDERS AND BUYERS. DOGPEER HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF BREEDERS, OWNERS, PETS, OR ANY OTHER USERS OF THE PLATFORM OR PET SERVICES. DOGPEER DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Disclaimer

DogPeer, 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 Canine 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.

Dealings with other Users

You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users.

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, you release us (and our directors, employees and agents) 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.

1. Eligibility.

You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site and / or accepting these Terms of Use, You represent and warrant to DogPeer that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to DogPeer that You will use the Site in a manner consistent with any and all applicable laws and regulations.

2. Use of Content on the Site.

DogPeer authorizes You to view and access a single copy of the content available on or from the Site solely for your personal use. The contents of the Site, such as text, graphics, images, logos, button icons, software and other content (collectively, DogPeer Content), are protected under both Australia and foreign copyright, trademark and other laws. All DogPeer Content is the property of DogPeer or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the DogPeer Sites are the exclusive property of DogPeer and protected by Australia and international copyright laws. Unauthorized use of the DogPeer Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original DogPeer Content on any copy You make of the DogPeer Content. You may not sell or modify the DogPeer Content or reproduce, display, publicly perform, distribute, or otherwise use the DogPeer Content in any way for any public or commercial purpose. The use of the DogPeer Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that DogPeer creates to generate any DogPeer Content or the pages making up any DogPeer Site which is also protected by such copyright.

3. Proprietary Rights.

You represent and warrant to DogPeer that the information posted in any profile you create on any Site, including any photographs, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs and videos. You assign to DogPeer, with full title guarantee, all copyright in your profile, your photographs or videos posted, your comments on any Site, and any additional information posted on the Site or sent to DogPeer at any time in connection with your use of the Site or any services offered through the Site. You waive absolutely any and all moral rights to be identified as author of any such content and any similar rights in any jurisdiction in the world. In addition, other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any the Site, you automatically grant, and you represent and warrant that you have the right to grant, to DogPeer and other members of the Site, without any additional compensation, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid up, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content, videos and photographs and to prepare derivative works thereof, or incorporate such information and content into other works and to grant and authorize sub-licenses of the foregoing.

4. DogPeer Site Restrictions.

You may not use any Site in order to transmit, distribute, store or destroy material, including without limitation DogPeer Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

You are also prohibited from violating or attempting to violate the security of any Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, flooding, spamming, mailbombing or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. DogPeer will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. Specific Prohibited Uses.

The dog posting features of DogPeer may be used only for lawful purposes by individuals seeking pets and breeders seeking to sell and market pets.

You specifically agree NOT to do any of the following: (a) post any dogs or content on any Site for or on behalf of any competitor of DogPeer or posting dogs or other content that contains links to any site competitive with DogPeer; (b) post dogs or content on any Site that contain any hyperlinks, hidden keywords or any keywords that are irrelevant to the dog or are otherwise misleading contained in a dog posting are prohibited; (c) post dogs for modeling or talent or talent scouting positions; (d) post or submit to any Site any incomplete, false or inaccurate information or information which is not correct; (e) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Site; (f) delete or revise any material posted by any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on any Site infrastructure; (h) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Site other than the search available from DogPeer on such Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Site; (j) aggregate, copy or duplicate in any manner any of the DogPeer Content or information available from any Site; or (k) frame or link to any of DogPeer Content or information available from any Site.

6. Registration Information.

If you register with any Site, you may be asked to provide certain information including, without limitation, a valid email address (your Information). In addition to the Terms of Use and our Privacy Policy or any privacy policy applicable to any such Site, You understand and agree that DogPeer may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Except to provide the services offered through the Site, for marketing purposes and to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant or as permitted by any applicable privacy policy, DogPeer will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent.

DogPeer reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by DogPeer or by third parties. Please see DogPeer’s Privacy Statement for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, DogPeer does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the DogPeer or any other DogPeer Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider or seller of such product or service, under the terms set forth by such provider or seller.

7. User Account.

If you create an account on any Site, you are responsible for maintaining the confidentiality of your Site account information, including, but not limited to the username and password. You shall be responsible for all uses of your Site account, whether or not authorized by you. You agree to immediately notify DogPeer of any unauthorized use of your Site account.

8. User Generated Content

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

Breeders agree that, upon reasonable request by an Buyer for whom they are providing Pet services pursuant to a Listing, the Breeder will use reasonable endeavours to provide photographic updates of the relevant Canine via the Platform or as otherwise agreed with the Buyer.

DogPeer occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. You consent and agree that DogPeer is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Pinterest, and other sites determined by DogPeer. 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.

DogPeer 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 DogPeer deems inappropriate; and
  • Helping Users set up a Breeder Profile, Buyer Profile and writing reviews.

These Terms (together with the Privacy Policy and any DogPeer Rules available on the Platform) 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. Dog Peer 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 Queensland, Australia, without regard to its conflict-of-law provisions. All Users submit to the exclusive jurisdiction of the courts of that State 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 exclusive courts of that jurisdiction.

You may not assign any of Your rights or obligations under these Terms without the prior written approval of DogPeer. Any alleged assignment in violation of this section shall be void. DogPeer may assign or renew any or all of 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 DogPeer.

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.

9. Relationship

You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Pet Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between Dog Peer and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of Dog Peer.

Dog Peer is not an employment service and does not serve as an employer of any user, nor is Dog Peer in the position to provide any tax related advice. As such, Users are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Pet Services provided by Breeders.

You understand and agree that if Dog Peer is found to be liable for any tax, withholding tax or reporting obligation in connection with any Pet Services provided or received by You, then You will immediately reimburse and indemnify Dog Peer for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

The Platform can be used to buy Canines (“Pet Services”)provided by Breeders. 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 and their Pet(s), and may need to nominate a bank, credit card, or PayPal Account. Each Breeder can set the details and prices for the Pet Services only in accordance with the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to buy 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 Breeder must provide the Pet Services in accordance with the relevant Listing, and each Owner must pay the Listing Fee and the Pet Service Fee pursuant to that Booking via the Payment Gateway.

DogPeer connects Breeders and Buyers and provides the Payment Gateway and Insurance Services as set out in these Terms. However, Dog Peer plays no role in the agreements between Breeders and Buyers with regards to the provision of Pet Services. Breeders and Buyers are solely responsible for such agreements.

The Buyer is obliged to pay the Pet Service Fee and the Booking Fee applicable to a Booking using the Payment Gateway at the time both the Breeder and the Buyer have agreed on the Booking made through the Platform.

Each Sitter acknowledges that, notwithstanding that the relevant Withholding Period for a Listing may have ended, a Buyer may be legally entitled to a refund or other remedy with respect to the Pet Services under any applicable law. To the maximum extent allowed at law, each Breeder indemnifies DogPeer with respect to any and all costs or expenses incurred by DogPeer with respect to such a claim made by an Buyer with respect to Pet Services performed by that Breeder, whether before or after the Withholding Period applicable to the relevant Booking.

PLEASE LET IT BE CLEAR THAT DOGPEER CANNOT AND DOES NOT CONTROL ANY LISTINGS OR PET SERVICES. DOGPEER 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 OWNER USES THE PLATFORM AND THE PET SERVICES PROVIDED BY SITTERS AT HIS OR HER OWN RISK.

10. Termination and Account Cancellation

If You breach or threaten to breach these Terms, DogPeer 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. If you are awaiting delivery of services (including any Pet Services pursuant to a Listing), DogPeer reserves the right to cancel the delivery of such services. A refund may be issued.

DogPeer 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 DogPeer Account or registration or similar uses of the Platform. DogPeer’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. DogPeer may provide notice of termination by regular mail or email, but is not obliged to do so. You may cancel Your DogPeer Account at any time by sending an email to [email protected]. However, it is important to note that You are personally liable for any Listings, orders, or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your DogPeer Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.

11. DogPeer is not an escrow service

(a) DogPeer offers “DogPeer Pay”, an escrow service powered by a third-party escrow provider (Assembly), to sellers as a payment option. DogPeer is not an escrow service and does not hold property on behalf of any person. All amounts deposited or paid directly to DogPeer are property of DogPeer and DogPeer may use those funds as it sees fit. The only rights that you have to receive payment of any amounts held by DogPeer are as set out in this clause 11.

(b) By buying or selling using “DogPeer Pay” on DogPeer.com.au you agree to be bound by Assembly’s Privacy Policy which is located at https://assemblypayments.com/company/policies/privacy-policy/ and hereby consent and authorize DogPeer.com.au and Assembly to share any information and payments instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s). By listing or selling items on DogPeer.com.au you also agree to be bound by Assembly’s User Terms which are located at:https://assemblypayments.com/company/policies/end-user-agreement/

12. Processing of Refunds

12.. 1 How refunds are paid

If DogPeer issues you a refund, that refund will be paid to you using the same payment methods you used to pay any Fees to DogPeer or via any other method DogPeer chooses from time to time.

12.. 2 Circumstances in which a refund may be paid

(a) DogPeer may refund an amount of any Flippa Fees paid by you if:

(i) any refund policy in the Rules entitle you to a refund; or
(ii) DogPeer is required by law or considers that it is required by law to do so.

(b) DogPeer determination as to whether a refund is required by this clause 12 is final and conclusive and may not be challenged by you.

13. DogPeer's Liability.

The Site and the DogPeer Content may contain inaccuracies or typographical errors. DogPeer makes no representations about the accuracy, reliability, completeness, or timeliness of any Site or the DogPeer Content. Changes are periodically made to Site and the services offered thereon and such changes may be made at any time.

14. Compliance with Laws.

When accessing or using the Platform or Our Services, and providing or using Pet Services, You must comply with all applicable local, state, national and international laws and You are responsible for obtaining all necessary licenses and permits. You are also solely responsible for complying with any and 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.

Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Pet Services, including without limitation with respect to the boarding of animals and the keeping of animals at private residences, including any applicable state and federal companion animal legislation and the local council regulations and by-laws.

EACH USER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENCES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PET SERVICES. DOGPEER ASSUMES NO RESPONSIBILITY FOR A USER'S FAILURE TO OBTAIN SUCH PERMITS, LICENCES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.

15. Disclaimer of Warranty.

DOGPEER DOES NOT WARRANT THAT ANY SITE WILL OPERATE ERROR-FREE OR THAT ANY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE OR THE DOGPEER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DOGPEER IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND DOGPEER CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DOGPEER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOGPEER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DOGPEER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

16. Disclaimer of Consequential Damages.

IN NO EVENT SHALL DOGPEER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY DOGPEER SITE, THE DOGPEER CONTENT, OR ANY PURCHASE MADE ON ANY DOGPEER SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOGPEER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Release.

If You have a dispute with one or more other Site user(s), you release DogPeer (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

18. Disclaimer of Consequential Damages.

IN NO EVENT SHALL DOGPEER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY DOGPEER SITE, THE DOGPEER CONTENT, OR ANY PURCHASE MADE ON ANY DOGPEER SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOGPEER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOGPEER, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE A SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO DOGPEER IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.

20. Links to Other Sites.

The Site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by DogPeer of the contents on such third-party Web sites. DogPeer is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

21. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Site.

22. Indemnity.

You agree to defend, indemnify, and hold harmless DogPeer, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any content or other material You provide to any DogPeer Site, (ii) your use of any DogPeer Content, (iv) your activities in connection with the Site, or (iv) your breach of the terms of these Terms of Use. DogPeer shall provide notice to You promptly of any such claim, suit, or proceeding.

23. Additional Terms of Use.

Certain areas of the Site may be subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

24. Term and Termination

These Terms of Use will remain in full force and effect while You are a User of the Site at any level, including, but not limited to having a profile or account on the Site. DogPeer reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Information and any content you have posted on the Site from DogPeer and the other DogPeer Sites and immediate termination of your registration with or ability to access the Sites and/or any other services provided to You by DogPeer, upon any breach by You of these Terms of Use or if DogPeer is unable to verify or authenticate any information You submit to DogPeer or through any Site registration. DogPeer reserves the right to terminate your account and access to the Site and its services at any time. Termination by DogPeer may include removal of access to the Site, deletion of your account, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.

25. Amendments to Terms of Use.

DogPeer reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use at any time. You agree that we may modify the Terms of Use and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Use except and to the extent prohibited by applicable state or federal law.

26. Changes to the Site.

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that DogPeer will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.

27. Notices.

Except as explicitly stated otherwise, any notices shall be given by email to DogPeer at [email protected] to you at the email address you provide to DogPeer. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

28. How do I contact DogPeer?

Our postal address is:
146 Sooning St Unit 5402

Nelly Bay, QLD 4819. Australia

We can be reached via email at [email protected]

NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT.

If you believe that any content on any DogPeer Site constitutes work that is owned by you or a third party, and is displayed on such site without proper authorization, please send the following information to the attention of the Copyright Agent noted below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on a DogPeer Site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

29. 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 includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;
    • 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.

30. Contact.

If you have any questions regarding this policy, or your dealings with our website, please contact us here: [email protected]

Dog Peer - 146 Sooning Street, Nelly Bay QLD 4819 Australia