LEGAL

Terms and Conditions

This page contains our terms and conditions for 

a) our website

b) our mobile app.

For information about our privacy policy and other legal statements please visit our Privacy and Legal page. If you do not agree with our terms and conditions, you should cease using our services.

Website – Terms of Use

All content provided on this website www.pupbeat.com.au (“the Website”) is for informational purposes only. Pupbeat makes no representations as to the accuracy or completeness of any information on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. Pupbeat expressly reserves the right to correct any errors on our website

Intellectual Property
The copyright and other intellectual property rights in the Website and material published on it (including without limitation photographs and graphical images) are owned by us. These works are protected by copyright laws and treaties around the world and all rights are reserved. Any use of extracts from the website without expressed permission from Pupbeat is prohibited.

All other trademarks, registered trademarks, service marks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pupbeat.

If you are aware of an infringement of your intellectual property, please send us an email providing evidence of your claim to team@pupbeat.com.au so that Pupbeat may remove the material from the Website.

External Links
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content therein provided is at your own risk.

Disclaimer of Liability

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, or the display or use of any information contained on the Website. Third-party partners, suppliers and advertisers providing business information or other services on this website are independent contractors and not agents or employees of Pupbeat.

In no event, shall Pupbeat (or their affiliates) be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connect with, your access to this website. This includes but is not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products and/or services obtained through this website or arising out of access to, display of or use of this website.

Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Pupbeat, its officers, agents, licensors, co-branders or other partners and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses of every kind and nature, arising from or in any way related to your use of the Website.

Pupbeat’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Submissions

By posting, distributing, sending or transmitting any content (including but not limited to reviews, feedback, messages, questions, suggestions, photos and videos) (collectively, “Submissions”) to the Website, whether by email, phone, text message, instant message, form submission, or through any other interaction with the Website or communication tools used by Pupbeat, you irrevocably grant, and represent and warrant that you have the right to grant, to Pupbeat and its affiliates, a non-exclusive, royalty-free, perpetual, and fully assignable, transferable, and sublicensable world-wide right to use the Submissions for any purpose. Such rights include, but are not limited to, the right to use, reproduce, modify, adapt, reformat, translate, distribute, publish, create derivative works from, and publicly display the Submissions on the Website and in any other media, now known or hereafter devised, and allow others to do the same in connection with their own websites and media platforms. You also irrevocably grant to Pupbeat and its affiliates the right to use the name you submit in connection with any Submissions. You acknowledge that Pupbeat may choose to provide attribution of any Submissions at our discretion.You acknowledge that all Submissions are non-confidential, non-proprietary and actually originated from you. You are not allowed to post materials that are copyrighted by others or in which others may have intellectual property rights or other rights.

Specifically, with respect to Submissions containing photographs, you represent and warrant that you have taken the photographs yourself and hold the copyright for such photographs or that you have received written permission of the copyright owner to have the photographs used and/or shared by Pupbeat and its affiliates in accordance with the terms of this Agreement. You represent that any and all people appearing in your photographic Submissions (and, in the case of minors, their parent or guardian) have provided express permission to be photographed and authorised such photographs to be used and/or shared by Pupbeat and its affiliates in accordance with the terms of this Agreement. You also agree not to submit photographs that infringe the copyright, trademark, or other property right of any third party.

While using interactive areas of the Website, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following, either directly or indirectly, by yourself or through others:

  1. any Submissions that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Submissions that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Pupbeat;
  5. unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. viruses, malware, corrupted data or other harmful, disruptive or destructive files;
  8. Submissions that are unrelated to the topic of the Interactive Area(s) in which such Submissions are posted; or
  9. Submissions or links to content that, in the sole judgment of Pupbeat:
    1. violates the previous subsections herein,
    2. restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or
    3. may expose Pupbeat or its affiliates or its users to any harm or liability of any type.

Pupbeat takes no responsibility and assumes no liability for any Submissions or other content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Pupbeat liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Pupbeat is not liable for any statements, representations, Submissions or other content provided by its users in any public forum, personal home page or other Interactive Area. Although Pupbeat has no obligation to screen, edit or monitor any of the Submissions or other content posted to or distributed through any Interactive Area, Pupbeat reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Submissions or other content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Submissions you post or store on this Website at your sole cost and expense. Pupbeat does not compensate users for Submissions or other content or for any other activities in any way connected with the Website.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submissions, you hereby assign such rights to Pupbeat and declare that: (a) you do not require that any personally identifying information be used in connection with the Submissions, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submissions by Pupbeat, its affiliates, any Sublicensees, as well as its successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions; and (d) you forever release Pupbeat, its affiliates, any Sublicensees, as well as its successors and assigns, from any claims that you could otherwise assert against Pupbeat by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your account on the Website.

Subscriptions

A subscription provides you with extra features on the Pupbeat website. For more information about the features associated with each subscription level, see our product pages, visit our FAQ or email us at team@pupbeat.com.au

Processing and payment

Pupbeat will process your subscription purchase as promptly as possible. You payment details and listing must be verified before your subscription can be activated. 

When you purchase a subscription, you agree to pay the price stated at the time of your order at the billing frequency specified at the time of your order. Pupbeat will provide you with at least 14 days notice if the regular rate of subscription changes and any changes will take effect from the next billing date after the notice period. If you do not wish to continue at the revised price, you may cancel your subscription before the end of the current debit cycle.

If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time. 

Subscriptions renew automatically unless you cancel according to our cancellation policy (see below). Payment for your subscription will be directly debited from your nominated financial institution or payment method unless cancelled.

It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You can manage these online via your account or by emailing us at team@pupbeat.com.au

Cancellations

You can cancel your subscription at any time online in your Pupbeat account or by sending us an email that includes your full name and account email to team@pupbeat.com.au. 

You must notify us of cancellation at least 72 hours before your next billing date, in order to provide us with sufficient time to stop your next payment being deducted. Cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period. 

If you email a cancellation request to team@pupbeat.com.au and we are unable to identify your subscription from the information you have provided, we will respond directly to your email to request further identifying information. In the event this occurs, you must reply to our email otherwise your subscription will not be cancelled.

Trial terms

If we grant you access to a free trial subscription and you do not cancel your subscription prior to the expiry of the term, you will automatically be converted to a paid subscription upon expiry of the term. 

Review and Comment Policy
Reviews and comments are welcomed and encouraged on this site, but there are some instances where comments will be edited or deleted as follows:

  1. Comments promoting another business or product or making a direct comparison to another business or product will be deleted.
  2. Comments including profanity will be deleted.
  3. Comments containing language or concepts that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable will be deleted.
  4. Comments that attack a person individually will be deleted.

The owner of this website reserves the right to edit or delete any comments submitted to the Website without notice. This comment policy is subject to change at Pupbeat’s discretion.

Change of Terms of Use
These terms of use are subject to change at any time and without notice.

Mobile App

Use of this Pupbeat mobile application (“the application”) constitutes acceptance of these terms of use (“Terms”). Pupbeat (“us”, “our”, “we”) reserves the right to adapt the Mobile App Terms at any time. The latest valid version of the Terms can be viewed on Pupbeat’s website, www.pupbeat.com.au, at any time and before use. By downloading or installing this application, the user acknowledges and agrees to be bound by these terms. If the user does not agree to these terms the user should uninstall this application immediately.

Intellectual Property
The copyright and other intellectual property rights in the application (including without limitation photographs and graphical images) are owned by us. These works are protected by copyright laws and treaties around the world and all rights are reserved.

User Licence
The application is owned by Pupbeat and is available to you for your own personal use in accordance with these terms and not in connection with any commercial endeavours. We reserve the right to modify or terminate the application for any reason, without notice at any time. All rights not expressly granted to you are reserved by Pupbeat.

Use of the Application
As a condition of use, you must not send the application to anyone else or copy or modify any part of it in any way. You must not attempt to extract any source code from the Application, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the Application and our systems. In addition, you must not use the Application in any way that may damage or impair the application, our Services, or our underlying systems and security.

Our responsibilities to you
The Application, including all content on or available through the Application is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the application or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, or timeliness of the content contained on the Application. The content of the Application is for quick reference only and should not be relied upon as advice.

Limitation of Liability
Pupbeat shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the application and any data derived through the application, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise) or any other pecuniary loss, whether or not Pupbeat has been advised of the possibility of such damages. Under no circumstances shall Pupbeat be liable to you for any amount.

Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Pupbeat, its officers, agents, licensors, co-branders or other partners and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses of every kind and nature, arising from or in any way related to your use of Pupbeat.

Pupbeat’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

QUERIES

If you have any questions about these Terms and Conditions, please contact us by email at team@pupbeat.com.au. Alternatively, you can write to us at the following address:

Pupbeat
PO Box 72
Seddon West VIC 3011
Australia

©  2018 Pupbeat