Terms & Conditions

DOGGIESPOT TERMS AND CONDITIONS OF USE OF WEBSITE

DoggieSpot.com.au is owned and operated by Jeanette Gray, trading as DoggieSpot (ABN  37 862 653 566). Use of DoggieSpot is subject to the terms and conditions contained herein and continued use of DoggieSpot constitutes acknowledgment and acceptance of these terms and conditions.

1. Intellectual property

DoggieSpot maintains sole and exclusive legal and equitable rights in the website content, including but not limited to all logos, catchwords, designs or other forms of artistic work. Use of DoggieSpot does not constitute an implied licence or any other rights to or in connection with any of the intellectual property contained in or connected to the website, products or services advertised.

DoggieSpot may not be the owner of intellectual property contained in the website, and users of the website undertake and covenant not to infringe the intellectual property rights of either DoggieSpot or third parties, and will not through any action or inaction place DoggieSpot in breach of its obligations to the proprietors of any intellectual property on the website.

Without limitation, users must not copy, replicate, reproduce, publish, alter, adapt or otherwise communicate any content on DoggieSpot, in whole or in part, for any purpose without the prior written consent of the proprietor.

2. Third party content

Where DoggieSpot contains, publishes or replicates any content provided by a third party, whether by advertising or otherwise, Doggie Spot is not responsible for any third party representation and reliance thereon is solely at the risk of the user. DoggieSpot does not adopt or endorse any representation, opinion or other submission by any third party unless expressly stated otherwise.

3. Submissions and blogs

DoggieSpot may at its sole discretion elect to use or not use any submissions in any product, manner, or medium without attribution or payment to the user. DoggieSpot is not obligated to return any submission, post or other publication to the user under any circumstances, and by submission the user offers to relinquish all legal and equitable rights in such publication, which offer may be accepted by DoggieSpot at its sole discretion and without notice.

It is acknowledged and agreed by users that any submission, blog, post or other form of publication once submitted to DoggieSpot may become the property of DoggieSpot at its sole discretion. The user releases DoggieSpot and holds it harmless from any claims, actions or infringements of rights in the publication.

The user, by submitting for publication, warrants and covenants that the user is the sole author of any submission and the content nor any part of it constitutes a breach or infringement of any other entity’s intellectual property or other rights, nor is there any current or pending legal proceedings in connection with the content or any part of it. The user indemnifies and holds harmless DoggieSpot and its proprietor from any and all loss or damage suffered as a direct or indirect result of the publication of the user’s submission.

4. Limitation of liability

To the extent permitted by law, DoggieSpot excludes all liability with respect to implied or express warranties relating to use of the website or any products or services advertised on the website, including but not limited to any loss or damage suffered directly or indirectly as a result of, or in connection with, the use of the website or reliance on any information, product or service advertised or otherwise contained on DoggieSpot.

DoggieSpot does not control third parties’ publication and disclaims any obligation, risk, or liability with regard to their products, services, advertisements, and content appearing in third party websites or publications whether or not reproduced or linked to DoggieSpot. Without limiting the generality of the foregoing, DoggieSpot expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

5. Indemnity

By using DoggieSpot you acknowledge and agree to indemnify, defend, and hold harmless DoggieSpot and any affiliates, successors, assignees, licensees, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to use of DoggieSpot, or products or services included or advertised on DoggieSpot, or any breach of these terms and conditions.

6. Disclaimer

Without limitation to the foregoing and to the extent permitted by law, any statutory implied warranty or guarantee in respect of the information, products or services contained on DoggieSpot relating to merchantability, fitness for purpose, title, accuracy, completeness, suitability, is expressly excluded. DoggieSpot is not responsible for any information, product, service, representation, opinion, publication, provided directly or indirectly by a third party.

7. Miscellaneous

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between DoggieSpot and the user. The user agrees that it has not relied on any other source of information or any other representations made by DoggieSpot or any third party.

These terms and conditions are subject to amendment without notice. Any such amendment does not affect the validity of the amended terms and conditions or the previous version. The user acknowledges and agrees that continued use of DoggieSpot constitutes acceptance of the amended terms and conditions.

If any part of these terms and conditions is deemed invalid, void, voidable or unenforceable by a Court of law, in so far as is possible it shall be severed and conditions and the remaining terms and conditions will continue in full force and effect.

These terms and conditions are governed by the laws of Victoria, Australia, and the user irrevocably submits to the non-exclusive jurisdiction of the Courts of Victoria.

Any reference in these terms and conditions to “DoggieSpot” includes the registered proprietor, its licensees, transferees and assigns from time to time. References to “the user” and “you” are interchangeable throughout these terms and conditions, and mean the person or entity viewing, accessing, using, or submitting to DoggieSpot. Headings used in these terms and conditions are included for convenience only and shall not be used in interpretation.

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