Terms And Conditions

  1. INTRODUCTION

1.1 The DOGIT App and the Products and Services made available through the mobile application are created, owned and operated by [insert] Pty Ltd (ACN [insert]) (DOGIT, our, us or we).

1.2 By downloading, using, browsing or accessing the DOGIT App and the Services and/or purchasing Products through the DOGIT App, you acknowledge that you have read, understood and accept these DOGIT App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the DOGIT App and the Services or purchase Products through the DOGIT App.

1.3 In this agreement, you and your means the individual who accesses or uses the DOGIT App and the Services or purchases Products through the DOGIT App, and whose details are listed in the User Access Portal (and includes anyone acting on your behalf or with your express or implied authority).

  1. DOGIT APP

2.1 The DOGIT App is an online portal or conduit made available through a mobile application that allows you to:

(a) purchase pet accessories and products as displayed, advertised or listed on, or via, the DOGIT App (Products). The purchase of any Products by you through the DOGIT App is governed by [insert name of third party e-commerce platform] Terms of Purchase; and

(b) use and access (i) dog training and education lessons, materials and instructional videos; and (ii) an online community forum for interacting with other users of the DOGIT App (including sharing information and images of your dog training experiences and progress),

(collectively, the Services).

2.2 The DOGIT App is an e-commerce platform for purchasing Products and an online resource and tool for dog owners who wish to train and improve the behaviour of their dog and develop their expertise as a dog owner. Our role in providing you with access and use of the DOGIT App, the Products and the Services should be construed strictly in this context only.

2.3 By downloading, accessing and using the DOGIT App, we grant you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, install, access and use the DOGIT App and the Services for the Subscription Term.

2.4 You must only use the DOGIT App and Services for personal and non-commercial purposes. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.

  1. SUBSCRIPTION TERM

3.1 This agreement will commence on the date you download and access the DOGIT App (Commencement Date) and shall continue until terminated in accordance with clause 16 (Subscription Term).

3.2 If you do not wish to continue to access and use the DOGIT App and Services following the expiry of the Subscription Period, you must terminate the agreement prior to the expiry of the Subcription perio Period by selecting the ‘cancel subscription’ function in the ‘manage subscription’ page of the DOGIT App. You will be redirected to the Apple Pay Subscription page on your mobile device and your subscription will only be terminated once you select ‘confirm cancellation’ on the Apple Pay Subscription page.

  1. REGISTRATION AND ACCESS

4.1 To access and use the DOGIT App and the Services, you must create and set up an account on the DOGIT App (My Account). Your My Account will be operated by your email address (User Name) and password (Password). You can change your Password at any time by accessing the User Access Portal.

4.2 To set up a My Account on the DOGIT App, you will be required to provide, and keep us up-to-date with, accurate registration information and Personal Information (including full name, email address) and information relating to your dog (such as ). All Personal Information as well as the information you provide to set up your My Account is subject to our Privacy Policy.

4.3 You are responsible for:

(a) maintaining control over, and the confidentiality of, your My Account, User Name and Password;

(b) keeping your My Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the DOGIT App or the Services;

(c) notifying us in writing of any unauthorised access to, or use of, your My Account, User Name or Password; and

(d) for all activities or transactions that occur using your My Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your My Account, User Name and Password.

  1. YOUR OBLIGATION

5.1 When accessing and using the DOGIT App and the Services, you must at all times:

(a) obtain and maintain all hardware, software and communications equipment necessary to download, access, and use, the DOGIT App and the Services;

(b) comply with all Relevant Laws with respect to your obligations under this agreement; and

(c) comply with all of our directions, policies and guidelines advised in writing to you or as displayed on the DOGIT App from time to time (including, but not limited to, the Acceptable Use Policy).

5.2 DOGIT will not be liable to you or anyone else if, for any reason, the DOGIT App and the Services are unavailable at any time or for any period. From time to time, DOGIT may suspend or restrict access to all, or some parts of the DOGIT App and the Services.

5.3 You must not:

(a) introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the DOGIT App;

(b) violate any DOGIT IP or any third party service provider’s Intellectual Property Rights;

(c) copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the DOGIT App, or any other third party software that you may access or use through the DOGIT App, in any way;

(d) access all or any part of the DOGIT App and/or the Services in order to build a product, service or code which competes or reproduces the DOGIT App and/or the Services (in full or part);

(e) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the DOGIT App in any way, or otherwise learn the source code or algorithms underlying the DOGIT App;

(f) license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the DOGIT App and the Services available to any third party; and

(g) use the DOGIT App or the Services for any unlawful purpose or other purpose not authorised by DOGIT in writing.

5.4 You acknowledge and agree that DOGIT may be required to cooperate with platform providers (such as Meta Platforms, Inc.) in connection with compliance, audit, or review obligations. This may include, but is not limited to, providing information about your use of the DOGIT App, your activity on the DOGIT App, and your account details. You agree to provide any reasonable information or cooperation required by DOGIT in order to comply with its platform obligations and acknowledge that DOGIT may share limited information with such platforms solely to meet these compliance requirements. Failure to provide such cooperation may result in termination or suspension of your account or access to the DOGIT App.

 

  1. USER CONTENT

6.1 When you create your My Account and access the DOGIT App and/or the Services or purchase Products through the DOGIT App, you will be required to provide User Content to DOGIT. You will retain ownership of your User Content and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content. To the maximum extent permitted by Relevant Laws, we do not warrant that any User Content

displayed on the DOGIT App by you (or any Content or Third Party Products or Services

displayed or published on the DOGIT App by a third party service provider) is accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any Content, User Content or Third Party Products or Services displayed on, or via, the DOGIT App . You (and not DOGIT) are solely responsible for the completeness, accuracy, reliability, legality and quality of any User Content published by you (or anyone else on your behalf) on, or via, the DOGIT App.

6.2 You grant DOGIT a worldwide, non-revocable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, the User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:

(a) enabling DOGIT to provide the DOGIT App, Products and Services and otherwise perform its obligations and exercising its rights under this agreement;

(b) informing the user of other products or services that DOGIT may offer from time to time or in relation to Third Party Products and Services;

(c) complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;

(d) using usage patterns, trends, and other statistical or behavioural data derived from use of the DOGIT App and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the Products, the DOGIT App, or our other products and services; and

(e) sharing User Content with an Affiliate or other third party (with whom DOGIT may contract or be affiliated with from time to time) for the purposes of performing or improving the DOGIT App, the Products and/or the Services.

6.3 As all User Content (excluding registration information) is stored exclusively on your mobile device (and not on the DOGIT App), you acknowledge that DOGIT does not back-up or archive your User Content and therefore:

(a) you are responsible for maintaining back-ups of your User Content; and

(b) we are not liable to you for any Loss, destruction, alteration, corruption or disclosure of User Content caused by your acts or omissions or the acts of omissions of other users of the DOGIT App or any third party.

 

6.4 You agree to make your own enquiries to verify information displayed on, or via, the DOGIT App (including Third Party Products and Services) and to assess the suitability of any information, User Content or Content before relying upon such information, User Content or Content. If you choose to rely upon any information, User Content or Content displayed or published on, or via, the DOGIT App and/or the Services (including User Content and Third Party Products and Services) you do so at your own risk. We make no representations or warranties that use of the Content, User Content, Products and Services and Third Party Products and Services will not infringe any third party’s Intellectual Property Rights.

 

  1. ACCEPTABLE USE POLICY

7.1 By downloading, accessing and using the DOGIT App and each time you publish, upload, submit, post or share User Content on, or via, the DOGIT App, you agree to comply with the rules for the acceptable use of the DOGIT App as specified herein (Acceptable Use Policy).

7.2 You are solely responsible for the accuracy, currency, completeness and use of User Content published or posted by you on, or via, the DOGIT App (including on the dog owner community forum contained within the DOGIT App), and you agree to post or publish User Content on, or via, the DOGIT App at your own risk. DOGIT accepts no responsibility and assume no liability for any User Content posted, published or otherwise transmitted by you, any other user or any third party on, or via, the DOGIT App.

7.3 DOGIT is under no obligation to monitor, review, or otherwise control the User Content published or posted on, or via, the DOGIT App by you, any other user or any third party. However, DOGIT reserves the right, but is not obligated to edit, remove or refuse to edit or remove any User Content published, posted or otherwise made available on, or via, the DOGIT App.

7.4 You must access and use the DOGIT App and the Services only for lawful purposes. You must not access and use the DOGIT App and/or the Services (including on the dog owner community forum contained within the DOGIT App):

 

(a) in any way that breaches any Relevant Laws;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) to publish, post or upload User Content intended to harm someone in any way or that is libelous, defamatory, obscene, vulgar, offensive, pornographic, indecent, racist, harassing, threatening, seditious, blasphemous, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory otherwise objectionable;

(d) to publish, post or upload any User Content that is false, misleading or deceptive or is likely to be false, misleading or deceptive (including, but not limited to, impersonating another person or user or misrepresenting your identity to users of the DOGIT App);

(e) to publish, post or upload any User Content that contains confidential, secret or proprietary information of another person;

(f) topublish,postoruploadUserContentthatmayinfringetheIntellectualPropertyRights or other rights of DOGIT or any third party;

(g) to promote any illegal activity or advocate, promote or assist any unlawful act; and

(h) sell any goods or services on, or via, the DOGIT App (or unsolicited marketing or promotional materials).

7.5 DOGIT reserves the right, at our absolute discretion, to determine whether the Acceptable Use Policy has been breached and to terminate this agreement in accordance with clause 16.

 

  1. SUBSCRIPTION FEES AND PAYMENT

8.1 We do not charge you a fee to download the DOGIT App. However, if you wish to access and use DOGIT App and Services, During the Subscription Period, you must pay us the Subscription Fees during the Subscription Term. The Subscription Fees are payable in advance on a monthly or annual basis in accordance with the Direct Debit Authority in clause 9.

8.2 During the Subscription Period, you will be required to pay the Subscription Fees to access and use DOGIT App.

8.3 When setting up your My Account, you will be offered payment options to pay the Subscription Fees. DOGIT may, at our absolute discretion and without notice to you, change the payment methods that can be used to access and use the DOGIT App at any time.

8.4 When you orders or purchase Products offered for sale through the DOGIT App, you will be re-directed to the [insert] Website and you will be charged the full price by [insert] (who acts as our payment collection agents) for the Products (Purchase Price) This agreement and the [insert name of third party e-commerce platform] Terms of Purchase govern the sale of the Products to you.

8.5 The Purchase Price displayed on the DOGIT App are posted by us and are current at the time of issue. The Purchase Price and availability of the Products and any other ancillary products or services made available to you on, or via, the DOGIT App, are subject to change effective immediately upon posting by us on the DOGIT App. You agree to pay the Purchase Price current at the time of payment.

8.6 The Subscription Fees and the Purchase Price are in Australian Dollars and are exclusive of any goods and services taxes, which is payable in addition. To the maximum extent permitted by Relevant Laws and except as otherwise contemplated in this agreement, the Subscription Fees and Purchase Price and all other amounts owing to DOGIT under this agreement are non-refundable.

8.7 The purchase price, charges or fees for Third Party Products and Services displayed on the insert] Website or other third party websites which are linked to DOGIT App may not be correct and DOGIT is not bound by them.

8.8 We use Third Party Payment Processors to process payments made in connection with transactions occurring through the DOGIT App. By making payment of the Subscription Fees and Purchase Price (and all other fees owing to us under this agreement), you agree to provide the Third Party Payment Processors with accurate and complete billing information, and you authorise us to share your billing information (including Personal Information) with our Third Party Payment Processors for the purpose of processing your payment.

8.9 DOGIT may, at our absolute discretion, change the Subscription Fees at any time, by giving you written notice, or by otherwise posting it on the DOGIT App. Where a change relates to an increase in Subscription Fee, DOGIT shall provide you with 30 days prior written notice or by otherwise posting it on the DOGIT App. The fee increases will come into effect in the next billing cycle. If you do not agree to these changes, you should terminate the agreement in accordance with clause 16 no later than 30 days after the date you received written notice of the changes, or the changes were posted on the DOGIT App.

 

  1. DIRECT DEBIT AUTHORITY

1.1 By accepting this agreement, you authorise us to arrange for the Subscription Fees or any other amount owing to DOGIT under this agreement to be debited from your credit card or bank account (as applicable) as and when such fees are due and payable under this agreement (Direct Debt Authority).

1.2 You may cancel or change your Direct Debit Authority by accessing the Apple Pay Subscription’ page on your mobile device before the day on which your next debit is due. If you cancel or defer Direct Debit Authority, DOGIT may not be able to provide you with access to, and use of, the DOGIT App and Services, unless you provide DOGIT with new Direct Debit Authority.

1.3 It is your responsibility to ensure that there are sufficient funds available on your credit card or bank account (as applicable) to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:

(a) the transaction will be rejected and the payment will be treated as if it were never made;

(b) your financial institution may charge you a fee and/or interest; and

(c) you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that DOGIT can process the debit.

1.4 It is your responsibility to check your credit card or bank account statement (as applicable) to verify that the amounts debited from your credit card or bank account are correct.

1.5 If you believe that an error has been made in debiting your credit card or bank account (as applicable), you should update your credit card or bank account details by accessing the ‘Apple Pay Subscription’ page on your mobile device as soon as possible.

1.6 If you cancel the Direct Debit Authority, your right to access and use the DOGIT App and Services will cease at the end of the current billing cycle. If you wish to re-activate your subscription, you will need to pay the Subscription Fees prevailing at the time you re-active your My Account.

 

  1. INTELLECTUAL PROPERTY

10.1 You acknowledge that DOGIT, or its licensors, are the owners of the DOGIT App (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the DOGIT App and the Services (including any modifications, enhancements of the foregoing) (collectively, DOGIT IP)). Accessing and using the DOGIT App and the Services does not give you (or anyone else) ownership of, or any right, title or interest in the DOGIT IP.

10.2 Ownership of any User Content will vest in the creator of that User Content, but excluding DOGIT IP.

 

  1. OUR OBLIGATIONS

11.1 Subject to your compliance with the terms of this agreement, during the Subscription Term, DOGIT shall use reasonable endeavours to provide you with access to and use of the DOGIT App and the Services.

11.2 The undertaking in clause 11.1 shall not apply in the event of:

(a) any non-conformance which is caused, or contributed, by use of the Services and the DOGIT App contrary to our instructions or the terms of this agreement;

(b) modification or alteration of the Services and the DOGIT App by any party other than DOGIT or its duly authorised Personnel;

(c) the unsuitability or malfunction of the computer hardware or computer software used by you in conjunction with which the DOGIT App and the Services are used;

(d) Force Majeure Events; and

(e) the unsuitability or malfunction of the Services when used in conjunction with any software, apps, applications and tools supplied by a third party provider.

11.3 In the event that DOGIT fail to provide you with access and use of the DOGIT App and the Services in accordance with clause 11.1, DOGIT shall use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 11.1.

 

  1. THIRD PARTY PRODUCTS AND SERVICES

12.1 You acknowledge that the DOGIT App and Services may require you to use or access Third Party Products and Services and that you do so solely at your own risk.

12.2 We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.

12.3 DOGIT recommends that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services.

12.4 DOGIT does not endorse, sponsor or approve any Third Party Products and Services used in conjunction with the DOGIT App and Services. It your sole responsibility to determine that specific products or services, meet your business and are suitable for the purposes for which they are used.

12.5 Any rights you may have to access Third Party Products and Services shall be limited to: (a) the extent of DOGIT’s ability to pass on such rights to you; or

(b) the relevant third party licensor terms.

 

  1. NO WARRANTIES

 

13.1 While the Content (including Third Party Products and Services) made available to you through the DOGIT App and Services is designed to provide you with techniques, strategies and tools to improve and modify the behaviour of your dog:

(a) you are solely responsible for setting achievable personal dog training goals and taking the necessary steps to implement these techniques, strategies and tools in relation to your dog; and

(b) you acknowledge and agree that DOGIT does not warrant, represent or guarantee that using the DOGIT App, Products and Services will materially improve your dog’s behavior or your capabilities as a pet owner.

13.2 DOGIT has no liability for any Loss incurred by you, whether financial, personal or otherwise, following your access and use of the DOGIT App, Products and Services or for any perceived failure by you, whether justified or otherwise, to achieve a material improvement in the behaviour of your dog.

13.3 When using the DOGIT App and Services, you should carefully follow any safety instructions or user guidelines within the DOGIT App. Reliance on, and use of, the Content and Third Party Products and Services is at your own risk.

13.4 To the maximum extent permitted by Relevant Laws, DOGIT exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the DOGIT App, Products and the Services.

13.5 Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other international, national, State or Territory legislation where to do so is unlawful.

13.6 You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, DOGIT makes no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency, validity or security of the DOGIT App, the Products and the Services (or any Content, User Content and Third Party Products and Services generated or made available through the DOGIT App and Services) and DOGIT will not be liable if the DOGIT App, the Products or the Services, or becomes unavailable for any reason, including directly, or indirectly as a result of:

(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b) negligent, malicious, willful acts or omissions of third parties (including third-party service providers) or other users;

(c) maintenance or repairs carried out by DOGIT or any third-party service provider in respect of any of the systems used in connection with the provision of the Services or the DOGIT App;

(d) services provided by third parties (including internet service providers or e-commerce platform providers) ceasing or becoming unavailable; or

(e) a Force Majeure Event.

13.7 You acknowledge that, to the maximum extent permitted by Relevant Laws, DOGIT does not make any warranty or representation that:

(a) your access to, and use of, the DOGIT App and the Services will be uninterrupted, virus-free or error-free; and/or

(b) the DOGIT App, the Products and the Services (or any Content, User Content and/or third-party Products and Services), will be accurate, complete, reliable, current or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis.

13.8 You acknowledge that your access to, and use of, the DOGIT App and Services (including Content, Third Party Products and Services) may be interrupted or unavailable during scheduled or unscheduled maintenance.

 

  1. LIMITATION OF LIABILITY

14.1 To the maximum extent permitted by Relevant Laws, DOGIT will not be liable to you or any third party for:

(a) any Claims or Losses (including Consequential Loss); or

(b) loss of, or damage to, any property or any personal injury, illness or death to you, your dog, any third person or any third party’s pet, arising out of, relating or connected to, the provision or use of the DOGIT App, Products and Services (including Content, User Content and/or Third Party Products and Services generated or made available through the DOGIT App or the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

 

14.2 All risk in using the DOGIT App, Products and the Services passes to you upon creating a My Account, or otherwise using the DOGIT App, Products and the Services (whichever is earlier). DOGIT assumes no responsibility and DOGIT has no liability to you or anyone else for any use of, or reliance on, any Content, User Content and/or Third Party Products and Services obtained or generated from your access to, and use of, the DOGIT App, Products and the Services.

14.3 To the maximum extent permitted by Relevant Laws, under no circumstances will DOGIT’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the amount you paid to DOGIT under this agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.

14.4 You agree to defend, indemnify and hold DOGIT, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

(a) your access to, and use of, or reliance on the DOGIT App, Products or the Services (including the User Content and Third Party Products and Services);

(b) any breach of our or any third party’s Intellectual Property Rights or other rights caused by you; or

(c) any breach by you of this agreement.

 

  1. PRIVACY

All Personal Information you provide to open a My Account and any User Content you upload, generate, share, or publish on, or via, the DOGIT App (including on the dog owner community forum contained within the DOGIT App), is subject to DOGIT’s Privacy Policy, which is incorporated into this agreement. DOGIT will not share, sell or disclose your User Content to any third party. You warrant that, in relation to any Personal Information comprising User Content or any other information disclosed to DOGIT on, or via, the DOGIT App (including on the dog owner community forum contained within the DOGIT App):

(a) it has been collected in accordance with Privacy Laws;

(b) you have the authority to upload, post, store, publish or otherwise transmit such information on, or via, the DOGIT App; and

(c) you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for DOGIT to use, disclose, store, transfer, process or handle it.

15.1 By registering for a My Account and agreeing to this agreement, you consent to receiving communications, including marketing and promotional materials, from DOGIT and our trusted partners via email, SMS, push notifications or other electronic means. These communications may relate to DOGIT App features, new products, exclusive offers, training materials, or third-party services we believe may be of interest to you. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions included in the communications or by updating your preferences in your account settings.

 

  1. TERMINATION

16.1 During the Subscription Term you may terminate this agreement at any time by selecting the ‘cancel subscription’ function in the ‘manage subscription’ page of the DOGIT App. You will be redirected to the Apple Pay Subscription page on your mobile device and your subscription will only be terminated once you select ‘cancellation confirm’ on the Apple Pay Subscription page. In this case, you will not be entitled to a pro-rata refund of the Subscription Fees for the unused portion of the Subscription Term.

16.2 DOGIT may terminate the agreement any time (without liability to you except DOGIT will provide you with a pro-rata refund of the Subscription Fees for the unused portion of the Subscription Term) by giving you [14] days’ written notice.

16.3 You agree that DOGIT may, at any time and at its sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):

(a) your My Account and/or the User Access Portal; and/or

(b) the DOGIT App, Products and/or Services;

(c) any social media pages linked to its business or the DOGIT App; or

(d) any other products and services offered on, or via the DOGIT App (including Third Party Products and Services).

16.4 Cause for such suspension or termination under clause 16.3 may include, but are not limited to:

(a) any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy and Acceptable Use Policy) and any other agreements entered into between the parties;

(b) serious or repeated breaches or violations of DOGIT’s or a third-party service providers’ Intellectual Property Rights;

(c) your failure to pay the Subscription Fees to access and use the DOGIT App and Services (except during the Subscription Period);

(d) your activities, conduct or transactions on, or, via, the DOGIT App, brings or has the capacity to bring, DOGIT into disrepute;

(e) requests by law enforcement or other government agencies.

 

16.5 If DOGIT terminates the agreement in accordance with clauses 16.3 or 16.4, you acknowledge and agree that you are not entitled to pro-rata refund of the Subscription Fees for the unused portion of the Subscription Term.

16.6 You agree that all such suspensions or terminations shall be made at DOGIT’s sole discretion and that DOGIT shall not be liable to you or any third party for any such suspension or termination.

 

  1. EFFECT OF TERMINATION

17.1 On termination of this agreement for any reason:

(a) DOGIT will disable your My Account and your User Content will no longer be accessible by you through the DOGIT App. All User Content will be permanently and securely destroyed; however, DOGIT will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws;

(b) all licences to use the Services and rights of access to the DOGIT App granted under this agreement will immediately terminate; and

(c) you should delete the DOGIT App from your mobile device.

  1. FORCE MAJEURE

DOGIT will not be responsible to you (or anyone else) if DOGIT are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).

  1. DISPUTE RESOLUTION

19.1 Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.

19.2 The parties must in good faith attempt to resolve any dispute between them.

19.3 If the dispute cannot be resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.

19.4 Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.

 

  1. UPDATES AND VARIATIONS

20.1 Without notice to you, DOGIT may, at our absolute discretion, from time to time:

(a) change, add or delete the functions, features, performance, or other characteristics of the DOGIT App; or

(b) apply or install updates to, or new versions of, the DOGIT App.

20.2 You acknowledge that the Content and/or User Content on the DOGIT App is subject to change at any time and may be out of date at any given time. DOGIT are under no obligation to:

(a) update, correct or fix any Content and/or User Content or errors in the DOGIT App. However, we may, at our absolute discretion, provide you with standard user support services during Business Hours; and/or

(b) notify you of any changes to the Content, User Content or the DOGIT App unless required by a Relevant Law to do so.

Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the DOGIT App. Any changes are effective immediately upon posting to the DOGIT App. Your continued use of DOGIT App thereafter constitutes your acceptance of all such changes to the agreement.

Please read this agreement before using the DOGIT App as the agreement may have changed since the last time you accessed and used the DOGIT App. If you do not agree to any change, then you must immediately stop using the DOGIT App and the Services.

  1. SEVERABILITY

If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.

  1. RELATIONSHIP

No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this agreement.

  1. ASSIGNMENT

Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign or transfer all or any of its rights or obligations under this agreement, except that DOGIT may assign, sell or transfer our rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of DOGIT’s business.

  1. ENTIRE AGREEMENT

This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).

  1. JURISDICTION AND APPLICABLE LAW

The laws of the State of South Australia, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the Courts of South Australia.

DEFINITIONS

In this agreement, the following words shall have the following meanings:

(a) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.

(b) Business Days means each day excluding Saturdays, Sundays and public holidays in South Australia.

(c) Business Hours means 8:00am to 4:00pm local time on Business Days.

(d) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(e) DOGIT, our, us or we has the meaning in clause 1.1, and where the context permits, includes our Personnel and Affiliates.

(f) Commencement Date has the meaning in clause 3.1.

(g) DOGIT App means the mobile software application owned, operated and used by DOGIT to provide you with Services, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on, or via, the DOGIT App.

(h) DOGIT APP has the meaning given to it by clause 10.1.

(i) Content means all:

(i) the information, text, materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the DOGIT App; and

(ii) dog training and education videos, instructions and materials.

(j) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of a breach of the agreement:

(i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;

(ii) loss of revenue, profit, income, bargain, opportunity (including professional and personal opportunities), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data;

(iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

(iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.

(k) Force Majeure Event has the meaning in clause 18.

(l) Insolvency Event means the bankruptcy, liquidation or winding up, the appointment of a controller, administrator, receiver, manager, trustee in bankruptcy or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to the above events.

(m)Intellectual Property Rights means designs, copyright, trademarks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.

(n) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.

(o) My Account has the meaning in clause 4.1.

(p) Password has the meaning given to it by clause 4.1.

(q) Personnel means any director, officer, employee, contractor or ageents, of a party (in your case, includes any person acting for or on your behalf)

(r) Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

(s) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.

(t) Privacy Policy means our privacy policy available on the DOGIT App or Website or such other web address notified by us to you from time to time), which is incorporated into this agreement.

(u) Purchase Price has the meaning in clause 8.4.

(v) Relevant Laws mean any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.

(w) Services has the meaning in clause 2.1.

(x) Subscription Fees means the fees payable by you to access and use the DOGIT App and Services (including Third Party Products and Services) for the Subscription Term as further described on the DOGIT App.

(a) Subscription Term has the meaning in clause 3.1.

(b) Third Party Products and Services means any software, products, services and content (including all Intellectual Property Rights contained therein) that:

(i) are provided by third-party providers;

(ii) interoperate with the DOGIT App or Services;

(iii) third-party e-commerce platforms; or

(iv) may be identified as third-party products or services.

(y) User Access Portal means the portal provided to you to access and use the DOGIT App and the Services.

(z) User Content means all data, information, content, materials and Personal Information (including images and photographs):

(i) uploaded to, or stored on, the DOGIT App by you;

(ii) transmitted by the DOGIT App at your instigation;

(iii) supplied by you to DOGIT App uploading to, transmission by, or storage on, the DOGIT App; or

(iv) generated by the DOGIT App as a result of the use of the Services by you, but excluding DOGIT App

(aa) User Name has the meaning in clause 4.1.

(bb) Website means the website located at [insert] and any other website notified by us from time to time.

(cc) you or your has the meaning in clause 1.3.

Yes, I have read, understood and accept this agreement.