This is the Agreement and Terms of Use ('the Agreement') for all products and services offered by us to our Advertisers which include, but are not limited to Advertising Features, Banner Ads, Priority Listings, Websites, Top Slots and all associated products and services thereof. This list is not intended to be exhaustive.

This Agreement is to be read in conjunction with our product and services information which is incorporated into this Agreement.

We may amend the Agreement or any referred documentation at any time by giving you notice ('Notice') by either e-mail or by posting the amended Agreement on the Website. Any amended Agreement will govern all Advertisers from the date that it is posted on the Website. You acknowledge that all our communications will be by way of email or notice on the website or other such electronic means.

We will confirm your order to purchase Our Services from us by way of a confirmation email, which will contain details of the purchase. Your order to purchase constitutes an offer to purchase Our Services from petsplayground.com.au which shall be accepted by petsplayground.com.au upon sending said confirmation of the purchase.

These services are made available by Pets Playgound and its subsidiaries, affiliates, parent companies and any of their related businesses also referred to in this Agreement as 'petsplayground.com.au', 'petsplayground', 'petcard', 'we', 'us' or 'our'.

Definitions

In this Agreement, unless the contrary intention appears:

• 'Our Services' means all products and services offered to advertisers from time to time through our Website and documented within our partner pages
• 'Partner' means a travel related business that has purchased one or more of Our Services.
• 'Your Product' means any product or service displayed or posted by you or on your behalf on the Website;
• 'Your Website' means any and every internet website used by you for the primary purpose of advertising and displaying information in relation to your Product;
• 'Website' means the internet site found at www.petsplayground.com.au and includes all webpages attached thereto and such other websites as we incorporate.

Identity verification

We use many techniques to verify the accuracy of the information you provide to us when you register on the Website. We have strict policies relating to advertisers' contact information. Advertisers must adhere to the following:

• You must not misrepresent your identity or your business contact details. If you are a limited company you must provide your company number.
• You must provide complete contact information, which must be up to date and must include a valid email address. It is not permitted to use a fax or a disconnected number as a telephone number.

Your product will be removed if you have provided false or misleading or omitting contact information.

Identification and Acceptance

You undertake to register for the services using your correct name, address and any other requested details.

Our services are not available to, and may not be used by, persons under the age of 18 years and you represent that you have the authority to bind your business to this Agreement.

User name and password

You may be provided with a username and password. Additional passwords may be required for other transactions and you are responsible for all actions taken under these user names and passwords. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User name to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User name or password.

Your Obligations

You confirm that you have full power and authority to offer and sell Your Product.

You agree to comply with all applicable laws, statutes and regulations concerning your use of Our Services.

Advertising Features permit you to link to Your Website. You agree that Your Website shall not breach any of the terms and conditions contained herein or referred to elsewhere in our policy statements.

Where you are offering a product that requires licencing and/or regulation by law, by a governing body and/or a third party you confirm that you hold all appropriate and up to date licences/certificates. You agree to notify us immediately should there be any change to the said licences/certificates. You will be expected to provide licence numbers where appropriate and relevant and failure to do so may result in your removal from our website.

Your information and your activities on our Website and Your Website must not:

1. Be false, inaccurate or misleading;
2. Be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
3. Infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
4. Be fraudulent or involve the sale of counterfeit or stolen items;
5. Be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
6. Be obscene, indecent or contain child pornography;
7. Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
8. Contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
9. Cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

Your advertisement is for you to promote your business through the petsplayground.com.au website. It is your responsibility to maintain your advertising feature and when using the rates and availability service to keep the same up to date. The rates and availability service is not a booking engine, we are not a booking or travel agent, and we do not charge any fee to users of our site.

Intellectual Property Rights

To enable petsplayground.com.au to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law.

You are granted a limited licence to access and use this Website solely for the purposes of use connected with Our Services. All content of this Website including, but not limited to, the text, graphics, links and sounds are owned by us and may not be copied, downloaded, distributed or published in any way without our prior written consent, except that you may print, copy, download or temporarily store extracts for your personal information or when you use our services.

You are not permitted to use any trademarks or service marks whether registered or unregistered of petsplayground.com.au without our prior written consent. You may not frame or utilise framing techniques that include any proprietary information such as images, text or page layout without our prior written consent. You may not use any "metatags" or any other type of hidden text that uses any trade marks or service marks without prior written consent.

You Acknowledge and agree that purchase of any of Our Services does not grant you any Intellectual Property Rights whatsoever in any product or service provided for your use during the Term.

You may not use any trademarks or service marks whether registered or unregistered of petsplayground.com.au in your Pay Per Click (PPC) or other similar advertising campaigns.

The petsplayground.com.au logo may be used by you royalty free with our written consent for related purposes, provided that such usage does not alter or bring the logo into disrepute or is otherwise in our sole discretion detrimental to petsplayground.com.au or our services and an accreditation is shown to petsplayground.com.au.

You agree not to copy, modify, download (other than page caching), store or sell any part of this Website without our prior written consent.

Any information provided by this Website may not be disclosed, reproduced, copied or sold for any commercial purpose.

Advertisements

You agree and understand that we reserve the right to display advertisements and/or other information adjacent to or within any of Our Services.

Publicity

petsplayground.com.au shall have the right to refer to an Advertiser as a Advertiser of petsplayground.com.au and the Advertiser agrees to cooperate in any press release or publicity orchestrated by petsplayground.com.au and allow us to use the Advertiser's name and logo.

Data Protection

You agree that any and all personal information and data collected from you via this Website was part of the services from time to time and may be used in accordance with our current Privacy and Security Statement

Security

We are committed to providing you with a secure environment during storage and transmission of your personally identifiable information.

As with other websites we use Secure Sockets Layer (SSL) software, which encrypts the information you input.

We have created appropriate physical, electronic and procedural safeguards to collect, store and disclosure your personally identifiable information. Although we use the most technologically advanced security systems available, our security providers cannot guarantee against unauthorised access by third parties.

No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Our Website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

Limitation of Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Information received by you through this service is provided by users of our website, not petsplayground.com.au. As always, you should conduct your own research and checks as to the identity of the user. petsplayground.com.au cannot confirm that the person using the website is bona fide and we will not be responsible for any lost bookings, cancellations, errors, omissions, charges incurred during the stay, misleading information and we are not responsible for any information provided by our users and you agree not to claim against us for the failure of a booking for whatever reason.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

We take no responsibility whatsoever for any warranties, representations, guarantees or endorsements, express or implied, with regard to your Product or any information supplied by you in accordance with any information whatsoever supplied by you on the Feature Site.

Fees

Our fees are displayed on the Website. We may amend these at any time, where appropriate, by giving you notice ('Notice') by either e-mail or by posting the amended Agreement on the Website. Any amended fees will govern all users and partners from the date that it is posted on the Website.

You will be invoiced by email and our payment terms are strictly 30 days from the date of the invoice. We may charge interest on unpaid bills and will do so at 3% above our banker's base lending rate.

Unless otherwise stated, all fees are exclusive of GST.

Breach

Without limiting our other remedies, we may limit your activity on the Website, immediately issue a warning, suspend or terminate your user registration or any of Your Products and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause us financial loss or legal liability; or (d) if we have been put on notice of any third party Intellectual Property claim and we deem it appropriate to suspend or terminate services.

Term and Termination

This Agreement shall be effective upon petsplayground.com.au confirming acceptance of the purchase of Our Services and shall remain in effect pursuant to the terms of the services purchased.

Notices

Unless otherwise explicitly stated, notices to petsplayground.com.au must be sent by registered mail to Pets Playground at PO Box 1669 Warriewood NSW 2102 Australia and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

Governing Law

This Agreement shall be governed by and construed in accordance with Australian law and subject to the exclusive jurisdiction of the Australian courts.

Rates and Availability

Please note the Rates and Availability service is not a booking engine and we are not a travel or booking agent. The service provides you with an opportunity to display your Rates and Availability and it is your responsibility to maintain this service and keep it up to date.

petsplayground.com.au will not be responsible for any lost bookings, cancellations, errors, omissions, charges incurred during the stay and we are not responsible for any information provided by our users and you agree not to claim against us for the failure of a booking for whatever reason.

Third Party Rights

A person who is not a party to this Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available under current legislation.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this Agreement and all incorporated agreements may be automatically assigned by petsplayground, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and petsplayground.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this Agreement.

Provisions for payments, information, limitation of liability, indemnity, governing law and third party rights shall survive any termination of this Agreement.

Any rights not expressly stated herein are reserved.