Terms of Service

It is important to us that you understand these terms and conditions.

1. Agreement

1.1 By accessing and using the Site, you agree to be bound by these terms and conditions and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site relating to your use of the Site.

1.2 You are responsible for obtaining access to Site, including payment of all costs and fees and the supply of all necessary equipment, and that access may involve third party fees (such as Internet service provider fees). You acknowledge that you are responsible for paying all these fees.

2. Definitions

In these terms a reference to:

  • "Content" means any images, sounds, or text.
  • "us", "we" or "our" means dogtree ABN 98 983 425 035 its successors and assigns.
  • "Site" means the website dogtree.com.au.
  • "you", "client", "member" or "user" means a user of the Site.
  • "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial commercial, scientific, literary or artistic fields.

3. Membership

3.1 You must be at least 15 years old to establish an account and become a user of the Site. You must not attempt to register if you are under 15 years of age. If you are between 15 and 18 years old, you and your parent or guardian must jointly establish an account. If you are under 18 years of age, you must not attempt to meet up with another user of the Site, without your parent’s or guardian’s consent and supervision.

3.2 When registering you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account Settings.

3.3 We may at any time request a form of identification to verify your identity and/or your compliance with these terms. You must not object to such a request and provide a response to us within 7 days.

3.4 As a member, you are permitted to create one Site profile for each of your pet dog(s).

3.5 You must not become a registered user if your pet dog is a breed which could reasonably be considered to be a dangerous breed or a risk to others.

3.6 You must immediately inform us if your pet dog has attacked a person or another dog, or if you have reason to believe that your dog is a risk to others.

3.7 All personal information you provide to us will be treated in accordance with our Privacy Policy. 3.8 You must not assign your membership in the Site.

4. Termination and Suspension

4.1 You may terminate your membership of the Site for any reason. This can be done by any of the tools and direction provided.

4.2 We reserve the right to, without limitation, do any or all of the following in relation to your membership:

4.2.1 suspend your membership;

4.2.2 permanently or temporarily hide all or part of your member profile;

4.2.3 modify your member profile;

4.2.4 terminate your membership for any reason by providing notice to you by email;

4.2.5 terminate your membership immediately without notice to you if you have continually breached these terms after we have informed you of the breach;

4.2.6 terminate your membership if you have registered a dog breed which we reasonably consider to be a dangerous breed or if it has come to our attention that your dog has attacked a person or another dog; or

4.2.7 permanently or temporarily block your access to all or part of the Site.

5. Access to Site

5.1 As a member of the Site you have the ability to access certain features and services available on the Site.

5.2 We may provide additional features and services on Site in the future. We may decide to charge for these additional features.

5.3 You are not permitted to transfer any services or features that you have in relation to the Site to any other person.

5.4 We will use reasonable endeavours to ensure that the Site is available 24 hours a day, however we do not make any representations or warranties that our access will be uninterrupted or error fee. Access to the Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or for any other reason beyond our control.

5.5 We reserve the right to change, discontinue or charge for any service or feature of the Site in whole or in part at any time.

6. Privacy

6.1 To the extent you provide information to us which may be "personal information" under the Privacy Act 1988 (Commonwealth), or any other equivalent legislation, our collection, use and disclosure is subject to our Privacy Policy. For further information, please see our full Privacy Policy.

6.2 You agree to comply with all applicable privacy laws that apply to your use of the Site. You further agree to do anything reasonably requested by the Site for the purpose of our compliance with our obligations under any applicable privacy law.

7. Intellectual Property Rights

7.1 The Intellectual Property Rights in the Site, including but not limited to software, content, text, photographs, images, graphics, video, audio, multimedia items and the compilation as a whole vest in Site, unless otherwise noted. You must abide by all copyright notices or restrictions contained on the Site or elsewhere. You may not delete any author attributions, legal or proprietary notices on the Site or elsewhere.

7.2 You agree that we own all Intellectual Property Rights in any suggestions, ideas, enhancement requests, feedback, recommendation or other information relating to the Site that you provide to us. You warrant to us that our use of any materials you submit to us will not infringe the Intellectual Property Rights or moral rights of any party and are not obscene or defamatory.

7.3 Subject to clause 7.4, we grant you a revocable, non-exclusive, royalty-free, non-transferable licence of all Intellectual Property Rights in the Site for the sole purpose of you accessing and browsing the Site, for as long as you are recognised as a member.

7.4 You agree that you will not reproduce, duplicate, copy, sell, trade, re-sell, adapt, communicate, public or otherwise exploit for any commercial purpose, any part of the Site.

7.5 You must not upload, post, email, transmit or otherwise make available any content that infringes any Intellectual Property Rights or other proprietary rights of any third party.

7.6 All trademarks, service marks and logos on the Site are, unless otherwise noted, wholly owned or validly licensed by Site. Trademarks, service marks and logos owned by third parties remain the property of such third parties.

8. Linked Sites

8.1 The Site may contain links to websites owned, operated and/or maintained by third parties independent of the Site. You acknowledge and agree that:

8.1.1 we have no control over such third party websites (including their content) and that we make no representation as to such websites’ availability or suitability;

8.1.2 merely providing links to such websites does not imply, and should not be construed as implying, that we endorse, support, sponsor or associate with any third party;

8.1.3 we are not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites; and

8,1.4 we are not responsible or liable for any direct or indirect loss or damage suffered or sustained by you in connection to or arising out of your access to and use of any third party website linked from the Site.

8.2 From time to time the Site may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

9. Passwords and security

9.1 You are solely responsible for maintaining the secrecy of your username and password in relation to the Site, and for restricting access to your computer. You are fully responsible for the use of the Site under your username and password. In the event of unauthorised use of your username or password or breach of security you must notify us immediately.

9.2 The internet exists across open public networks that may not be secure or private. While we take all reasonable steps to maintain the security of any transmission of information by you to us, via the Site, you acknowledge and accept the risk that any communication to or from us, via the Site may be intercepted, used or modified by third parties and you indemnify, keep indemnified and hold us harmless for any loss or damage suffered by you in respect of any interception, use or modification of such information you communicate to us by third parties.

10. Content

10.1 Any Content that you transmit or post on Site, or otherwise transmit to any other member of Site by any other means must be complete and accurate. You agree not to post or transmit any messages which discloses private or personal matters concerning any person.

10.2 You are solely responsible for Content that you transmit or post on the Site, or otherwise transmit to any member of the Site by any other means.

10.3 We are not responsible for, and accept no liability with respect to, any content transmitted or posted on the Site, or otherwise transmitted to any member of the Site by any other means, by any person.

10.4 We reserve the right to modify and/or remove any Content that, in our opinion, violates the Site terms or otherwise has the potential to harm, endanger or violate the rights of any person.

10.5 We do not make any representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on the Site, or otherwise transmitted to any other member of the Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on content posted or transmitted on the Site or otherwise transmitted to any other member of the Site by any other means.

11. Use of the Site and Prohibited Activities

11.1 You agree not to use the Site to:

11.1.2 defame, abuse, harass, stalk, threaten or otherwise offend others;

11.1.3 engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

11.1.4 impersonate or create a profile for any person or entity;

11.1.5 promote, or provide information about, illegal activities or conduct;

11.1.6 promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

11.1.7 exploit any person under the age of 18 or to solicit information from anyone under 18;

11.1.8 solicit money, passwords or personal information from any person;

11.1.9 post information or advertisements in relation to breeding of any kind, regardless of whether you are a registered domestic animal business or a member of an organisation with a breeding code of ethics; or

11.1.10 post information or advertisements in relation to the rehoming, adopting or selling of animals.

11.2 Without limiting any other your obligations, you agree not to post or transmit on Site or otherwise transmit to any other member of Site by any other means, Content that:

11.2.1 is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

11.2.2 is false or misleading in any way;

11.2.3 infringes the rights of any third party;

11.2.4 you do not have a right to make available under any law or contractual obligation;

11.2.5 is sexually explicit or contains sexual references / innuendo;

11.2.6 contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; and

11.2.7 contains:

a) nudity; or

b) a cartoon or illustration.

11.3 You also agree not to:

11.3.1 use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site;

11.3.2 frame or mirror any part of the Site without our prior written approval;

11.3.3 use code or other devices containing any reference to the Site to direct other persons to any other web page;

11.3.4 modify, adapt, sublicence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so.

11.4 The Site is for the personal use of individual members only. Businesses, groups, organisations and companies are prohibited from registering as members. The Site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Site is prohibited.

11.5 We have no obligation to monitor any member's use of the Site however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

12.Safe Interaction, Complaints and Disputes

12.1 We take you and your dog’s safety very seriously. As such, we have prepared some safe meeting guidelines which may help you enjoy your Site experience and avoid problems when interacting with other members and their dogs. These guidelines are available on the Site, for your information. In all instances meetings are at your risk and you must make your own assessment.

12.2 We urge you to be cautious when interacting with other members of Site and their dogs.

12.3 You must not meet or make arrangements to meet another member of the Site if there is a risk that you or your dog may have an infectious disease which may infect another member of the Site, or if your dog is a dangerous breed.

12.4 When meeting other members of the Site you must ensure that you comply with all laws, and must attempt to minimise all risks to you, the other member and any dogs including where necessary having your dog on a leash at all times, and if applicable have your dog muzzled.

12.5 You must not include any telephone numbers, street addresses, URLs or email addresses in your member profile. Any Content that you transmit or post on Site, or otherwise transmit to any other member of Site by any other means, will be considered non-confidential.

12.6 You can also use the Site "blocking" feature if you wish to stop any other member from viewing your profile or contacting you.

12.7 If you are experiencing problems with any other member of Site and would like to make a complaint, please contact by sending us an email from http://www.dogtree.com.au/help/contact .

12.8 We reserve the right, but have not obligation, to monitor disputes between members of Site.

12.9 You agree that we are not responsible for any loss or damage incurred whatsoever in relation to any interaction or dealings you may have with another member of the Site. You release us, our officers, employees, agents and successors from all claims, demands and damages of every kind or nature arising out of or related to any claims between you and any other member(s) of the Site.

12.10 You agree to hold us harmless in connection with any dispute or claim that you make against any other member(s) of the Site.

13 Acknowledgments and Limitation of liability

13.1 You acknowledge that you use the Site at your own risk.

13.2 We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

13.3 You acknowledge that the Site is made available to you on an "as is" and an "as available" basis and that we make no representation or warranty as to the reliability, suitability, or availability of the Site.

13.4 All information provided by us on the Site is of a general nature. The information is not intended to be nor should be interpreted as advice in relation to dog health, care or otherwise. 13.5 We make no commitment to update any information or material on the Site.

13.6 You acknowledge that we do not represent or warrant to you that:

13.6.1 the Site will be secure, uninterrupted or error-free;

13.6.2 the Site will meet your requirements or expectations;

13.6.3 errors or defects with the Site will be able to be corrected;

13.6.4 the Site will be free of viruses or any other harmful or destructive code;

13.6.5 that the Site will operate with any other hardware, software, system or data; or

13.6.6 that any third party will be able to access or use the Site.

13.7 Any material downloaded or otherwise obtained through your use of the Site is done at your own discretion and risk and you will be solely responsible for any loss of data that results from the download of any such material, or the damage to your computer system, and any consequential loss or damage suffered or sustained by you.

13.8 You acknowledge and agree that, to the fullest extent permitted by law, we are not liable to you or any third party for any direct, indirect, punitive, special, incidental, consequential, exemplary or other loss or damage of any type (including, without limitation, loss of data, revenue or profit, or business interruption), however caused, resulting from accessing the Site or any use of the information or material on or accessible through the Site (including any linked websites), any action taken in reliance on such information or material or any inability to use such information or material or the omission of any information or material from the Site or any inaccuracy in any information or material.

13.9 You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked websites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked websites).

13.10 You agree not to interfere or take any action that results, or may result in any interference with or disruption of the Site or servers or networks connected to the Site. You agree not to attempt to gain unauthorised access to other computer systems or networks connected to the Site.

13.11 Subject to clause 13.12, you acknowledge and agree that, to the fullest extent permitted by law, we disclaim all conditions and warranties, express or implied, in respect of the provision of the Site to you and your access to and use of the Site, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.

13.12 Where any condition or warranty is implied into these terms, and legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or liability under such a condition or warranty, the condition or warranty will be deemed to be included in these terms, provided that our liability for any breach of such condition or warranty be limited, at our option, to:

13.12.1 the supply of the service again; or

13.12.2 the payment of the cost of having the service supplied again.

13.13 Notwithstanding any other provision of these terms, our maximum liability to you as a result of any claim arising from you directly or indirectly utilising the Site or in any way related to Site is limited to $20.00.

13.14 We are not liable for any claim that you may have against us, if you have failed to notify us of the particulars of the claim in writing within 7 days of the claim arising.

14 Indemnity

14.1 You agree to indemnify us and hold us harmless for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with Site, including any breach by you of these terms.

15. Amendment of terms

We may change these terms at any time. If we do, an amended version of the terms will be posted on the Site. You are responsible for ensuring that you regularly review the terms, and your continued use of Site after any changes are made to the terms will be deemed to constitute your acceptance of those changes. We will endeavour to provide you with an email advising you that we have amended terms (but the non delivery of this email does not affect your acceptance of the revised terms). If you object to any changes to the terms your only remedy is to:

15.1 terminate your membership of the Site; or

15.2 immediately discontinue your use of the Site.

16. General

16.1 No partnership, joint venture, employment, or agency relationship exists between you and us as a result of these terms or your use of the Site.

16.2 Unless a contrary intention appears in these terms, these terms represent the entire agreement between you and us regarding your use of the Site, and supersede any prior terms. No warranties, representations, guarantees or other terms or conditions of any nature not contained and recorded in these terms have any force or effect.

16.3 A failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party under these terms does not operate as a waiver of the power or right. A single or partial exercise of any power or right does not preclude any other or future exercise of that, or any other, power or right under these terms. A waiver by us will not prejudice our rights in respect of any subsequent breach of these terms by you.

16.4 The parties agree that a construction of these terms that results in all provisions being enforceable is to be preferred to any other construction. If any provision of these terms is held to be invalid, the remainder of the terms shall continue in full force and effect.

16.5 When we send you a notice it may be by any means that we elect. In the event that we elect to send you a notice by email, you will be deemed to have received the email at the same time that we sent the email.

16.6 No rule of contract interpretation must be applied in the interpretation of these terms to the disadvantage of one party on the basis that it prepared or put forward these terms or any document comprising part of these terms and conditions.

16.7 These terms are governed by and construed in accordance with the laws of the State of Victoria, and the parties submit to the exclusive jurisdiction of the Courts of the State of Victoria. These terms are deemed to have been made and entered into at Melbourne in the State of Victoria.

It is important to us that you understand these terms and conditions.

1. Agreement

1.1 By accessing and using the Site, you agree to be bound by these terms and conditions and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site relating to your use of the Site.

1.2 You are responsible for obtaining access to Site, including payment of all costs and fees and the supply of all necessary equipment, and that access may involve third party fees (such as Internet service provider fees). You acknowledge that you are responsible for paying all these fees.

2. Definitions

In these terms a reference to:

  • "Content" means any images, sounds, or text.
  • "us", "we" or "our" means dogtree ABN 98 983 425 035 its successors and assigns.
  • "Site" means the website dogtree.com.au.
  • "you", "client", "member" or "user" means a user of the Site.
  • "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial commercial, scientific, literary or artistic fields.

3. Membership

3.1 You must be at least 15 years old to establish an account and become a user of the Site. You must not attempt to register if you are under 15 years of age. If you are between 15 and 18 years old, you and your parent or guardian must jointly establish an account. If you are under 18 years of age, you must not attempt to meet up with another user of the Site, without your parent’s or guardian’s consent and supervision.

3.2 When registering you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account Settings.

3.3 We may at any time request a form of identification to verify your identity and/or your compliance with these terms. You must not object to such a request and provide a response to us within 7 days.

3.4 As a member, you are permitted to create one Site profile for each of your pet dog(s).

3.5 You must not become a registered user if your pet dog is a breed which could reasonably be considered to be a dangerous breed or a risk to others.

3.6 You must immediately inform us if your pet dog has attacked a person or another dog, or if you have reason to believe that your dog is a risk to others.

3.7 All personal information you provide to us will be treated in accordance with our Privacy Policy. 3.8 You must not assign your membership in the Site.

4. Termination and Suspension

4.1 You may terminate your membership of the Site for any reason. This can be done by any of the tools and direction provided.

4.2 We reserve the right to, without limitation, do any or all of the following in relation to your membership:

4.2.1 suspend your membership;

4.2.2 permanently or temporarily hide all or part of your member profile;

4.2.3 modify your member profile;

4.2.4 terminate your membership for any reason by providing notice to you by email;

4.2.5 terminate your membership immediately without notice to you if you have continually breached these terms after we have informed you of the breach;

4.2.6 terminate your membership if you have registered a dog breed which we reasonably consider to be a dangerous breed or if it has come to our attention that your dog has attacked a person or another dog; or

4.2.7 permanently or temporarily block your access to all or part of the Site.

5. Access to Site

5.1 As a member of the Site you have the ability to access certain features and services available on the Site.

5.2 We may provide additional features and services on Site in the future. We may decide to charge for these additional features.

5.3 You are not permitted to transfer any services or features that you have in relation to the Site to any other person.

5.4 We will use reasonable endeavours to ensure that the Site is available 24 hours a day, however we do not make any representations or warranties that our access will be uninterrupted or error fee. Access to the Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or for any other reason beyond our control.

5.5 We reserve the right to change, discontinue or charge for any service or feature of the Site in whole or in part at any time.

6. Privacy

6.1 To the extent you provide information to us which may be "personal information" under the Privacy Act 1988 (Commonwealth), or any other equivalent legislation, our collection, use and disclosure is subject to our Privacy Policy. For further information, please see our full Privacy Policy.

6.2 You agree to comply with all applicable privacy laws that apply to your use of the Site. You further agree to do anything reasonably requested by the Site for the purpose of our compliance with our obligations under any applicable privacy law.

7. Intellectual Property Rights

7.1 The Intellectual Property Rights in the Site, including but not limited to software, content, text, photographs, images, graphics, video, audio, multimedia items and the compilation as a whole vest in Site, unless otherwise noted. You must abide by all copyright notices or restrictions contained on the Site or elsewhere. You may not delete any author attributions, legal or proprietary notices on the Site or elsewhere.

7.2 You agree that we own all Intellectual Property Rights in any suggestions, ideas, enhancement requests, feedback, recommendation or other information relating to the Site that you provide to us. You warrant to us that our use of any materials you submit to us will not infringe the Intellectual Property Rights or moral rights of any party and are not obscene or defamatory.

7.3 Subject to clause 7.4, we grant you a revocable, non-exclusive, royalty-free, non-transferable licence of all Intellectual Property Rights in the Site for the sole purpose of you accessing and browsing the Site, for as long as you are recognised as a member.

7.4 You agree that you will not reproduce, duplicate, copy, sell, trade, re-sell, adapt, communicate, public or otherwise exploit for any commercial purpose, any part of the Site.

7.5 You must not upload, post, email, transmit or otherwise make available any content that infringes any Intellectual Property Rights or other proprietary rights of any third party.

7.6 All trademarks, service marks and logos on the Site are, unless otherwise noted, wholly owned or validly licensed by Site. Trademarks, service marks and logos owned by third parties remain the property of such third parties.

8. Linked Sites

8.1 The Site may contain links to websites owned, operated and/or maintained by third parties independent of the Site. You acknowledge and agree that:

8.1.1 we have no control over such third party websites (including their content) and that we make no representation as to such websites’ availability or suitability;

8.1.2 merely providing links to such websites does not imply, and should not be construed as implying, that we endorse, support, sponsor or associate with any third party;

8.1.3 we are not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites; and

8,1.4 we are not responsible or liable for any direct or indirect loss or damage suffered or sustained by you in connection to or arising out of your access to and use of any third party website linked from the Site.

8.2 From time to time the Site may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

9. Passwords and security

9.1 You are solely responsible for maintaining the secrecy of your username and password in relation to the Site, and for restricting access to your computer. You are fully responsible for the use of the Site under your username and password. In the event of unauthorised use of your username or password or breach of security you must notify us immediately.

9.2 The internet exists across open public networks that may not be secure or private. While we take all reasonable steps to maintain the security of any transmission of information by you to us, via the Site, you acknowledge and accept the risk that any communication to or from us, via the Site may be intercepted, used or modified by third parties and you indemnify, keep indemnified and hold us harmless for any loss or damage suffered by you in respect of any interception, use or modification of such information you communicate to us by third parties.

10. Content

10.1 Any Content that you transmit or post on Site, or otherwise transmit to any other member of Site by any other means must be complete and accurate. You agree not to post or transmit any messages which discloses private or personal matters concerning any person.

10.2 You are solely responsible for Content that you transmit or post on the Site, or otherwise transmit to any member of the Site by any other means.

10.3 We are not responsible for, and accept no liability with respect to, any content transmitted or posted on the Site, or otherwise transmitted to any member of the Site by any other means, by any person.

10.4 We reserve the right to modify and/or remove any Content that, in our opinion, violates the Site terms or otherwise has the potential to harm, endanger or violate the rights of any person.

10.5 We do not make any representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on the Site, or otherwise transmitted to any other member of the Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on content posted or transmitted on the Site or otherwise transmitted to any other member of the Site by any other means.

11. Use of the Site and Prohibited Activities

11.1 You agree not to use the Site to:

11.1.2 defame, abuse, harass, stalk, threaten or otherwise offend others;

11.1.3 engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

11.1.4 impersonate or create a profile for any person or entity;

11.1.5 promote, or provide information about, illegal activities or conduct;

11.1.6 promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

11.1.7 exploit any person under the age of 18 or to solicit information from anyone under 18;

11.1.8 solicit money, passwords or personal information from any person;

11.1.9 post information or advertisements in relation to breeding of any kind, regardless of whether you are a registered domestic animal business or a member of an organisation with a breeding code of ethics; or

11.1.10 post information or advertisements in relation to the rehoming, adopting or selling of animals.

11.2 Without limiting any other your obligations, you agree not to post or transmit on Site or otherwise transmit to any other member of Site by any other means, Content that:

11.2.1 is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

11.2.2 is false or misleading in any way;

11.2.3 infringes the rights of any third party;

11.2.4 you do not have a right to make available under any law or contractual obligation;

11.2.5 is sexually explicit or contains sexual references / innuendo;

11.2.6 contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; and

11.2.7 contains:

a) nudity; or

b) a cartoon or illustration.

11.3 You also agree not to:

11.3.1 use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site;

11.3.2 frame or mirror any part of the Site without our prior written approval;

11.3.3 use code or other devices containing any reference to the Site to direct other persons to any other web page;

11.3.4 modify, adapt, sublicence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so.

11.4 The Site is for the personal use of individual members only. Businesses, groups, organisations and companies are prohibited from registering as members. The Site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Site is prohibited.

11.5 We have no obligation to monitor any member's use of the Site however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

12.Safe Interaction, Complaints and Disputes

12.1 We take you and your dog’s safety very seriously. As such, we have prepared some safe meeting guidelines which may help you enjoy your Site experience and avoid problems when interacting with other members and their dogs. These guidelines are available on the Site, for your information. In all instances meetings are at your risk and you must make your own assessment.

12.2 We urge you to be cautious when interacting with other members of Site and their dogs.

12.3 You must not meet or make arrangements to meet another member of the Site if there is a risk that you or your dog may have an infectious disease which may infect another member of the Site, or if your dog is a dangerous breed.

12.4 When meeting other members of the Site you must ensure that you comply with all laws, and must attempt to minimise all risks to you, the other member and any dogs including where necessary having your dog on a leash at all times, and if applicable have your dog muzzled.

12.5 You must not include any telephone numbers, street addresses, URLs or email addresses in your member profile. Any Content that you transmit or post on Site, or otherwise transmit to any other member of Site by any other means, will be considered non-confidential.

12.6 You can also use the Site "blocking" feature if you wish to stop any other member from viewing your profile or contacting you.

12.7 If you are experiencing problems with any other member of Site and would like to make a complaint, please contact by sending us an email from http://www.dogtree.com.au/help_contact.php.

12.8 We reserve the right, but have not obligation, to monitor disputes between members of Site.

12.9 You agree that we are not responsible for any loss or damage incurred whatsoever in relation to any interaction or dealings you may have with another member of the Site. You release us, our officers, employees, agents and successors from all claims, demands and damages of every kind or nature arising out of or related to any claims between you and any other member(s) of the Site.

12.10 You agree to hold us harmless in connection with any dispute or claim that you make against any other member(s) of the Site.

13 Acknowledgments and Limitation of liability

13.1 You acknowledge that you use the Site at your own risk.

13.2 We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

13.3 You acknowledge that the Site is made available to you on an "as is" and an "as available" basis and that we make no representation or warranty as to the reliability, suitability, or availability of the Site.

13.4 All information provided by us on the Site is of a general nature. The information is not intended to be nor should be interpreted as advice in relation to dog health, care or otherwise. 13.5 We make no commitment to update any information or material on the Site.

13.6 You acknowledge that we do not represent or warrant to you that:

13.6.1 the Site will be secure, uninterrupted or error-free;

13.6.2 the Site will meet your requirements or expectations;

13.6.3 errors or defects with the Site will be able to be corrected;

13.6.4 the Site will be free of viruses or any other harmful or destructive code;

13.6.5 that the Site will operate with any other hardware, software, system or data; or

13.6.6 that any third party will be able to access or use the Site.

13.7 Any material downloaded or otherwise obtained through your use of the Site is done at your own discretion and risk and you will be solely responsible for any loss of data that results from the download of any such material, or the damage to your computer system, and any consequential loss or damage suffered or sustained by you.

13.8 You acknowledge and agree that, to the fullest extent permitted by law, we are not liable to you or any third party for any direct, indirect, punitive, special, incidental, consequential, exemplary or other loss or damage of any type (including, without limitation, loss of data, revenue or profit, or business interruption), however caused, resulting from accessing the Site or any use of the information or material on or accessible through the Site (including any linked websites), any action taken in reliance on such information or material or any inability to use such information or material or the omission of any information or material from the Site or any inaccuracy in any information or material.

13.9 You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked websites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked websites).

13.10 You agree not to interfere or take any action that results, or may result in any interference with or disruption of the Site or servers or networks connected to the Site. You agree not to attempt to gain unauthorised access to other computer systems or networks connected to the Site.

13.11 Subject to clause 13.12, you acknowledge and agree that, to the fullest extent permitted by law, we disclaim all conditions and warranties, express or implied, in respect of the provision of the Site to you and your access to and use of the Site, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.

13.12 Where any condition or warranty is implied into these terms, and legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or liability under such a condition or warranty, the condition or warranty will be deemed to be included in these terms, provided that our liability for any breach of such condition or warranty be limited, at our option, to:

13.12.1 the supply of the service again; or

13.12.2 the payment of the cost of having the service supplied again.

13.13 Notwithstanding any other provision of these terms, our maximum liability to you as a result of any claim arising from you directly or indirectly utilising the Site or in any way related to Site is limited to $20.00.

13.14 We are not liable for any claim that you may have against us, if you have failed to notify us of the particulars of the claim in writing within 7 days of the claim arising.

14 Indemnity

14.1 You agree to indemnify us and hold us harmless for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with Site, including any breach by you of these terms.

15. Amendment of terms

We may change these terms at any time. If we do, an amended version of the terms will be posted on the Site. You are responsible for ensuring that you regularly review the terms, and your continued use of Site after any changes are made to the terms will be deemed to constitute your acceptance of those changes. We will endeavour to provide you with an email advising you that we have amended terms (but the non delivery of this email does not affect your acceptance of the revised terms). If you object to any changes to the terms your only remedy is to:

15.1 terminate your membership of the Site; or

15.2 immediately discontinue your use of the Site.

16. General

16.1 No partnership, joint venture, employment, or agency relationship exists between you and us as a result of these terms or your use of the Site.

16.2 Unless a contrary intention appears in these terms, these terms represent the entire agreement between you and us regarding your use of the Site, and supersede any prior terms. No warranties, representations, guarantees or other terms or conditions of any nature not contained and recorded in these terms have any force or effect.

16.3 A failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party under these terms does not operate as a waiver of the power or right. A single or partial exercise of any power or right does not preclude any other or future exercise of that, or any other, power or right under these terms. A waiver by us will not prejudice our rights in respect of any subsequent breach of these terms by you.

16.4 The parties agree that a construction of these terms that results in all provisions being enforceable is to be preferred to any other construction. If any provision of these terms is held to be invalid, the remainder of the terms shall continue in full force and effect.

16.5 When we send you a notice it may be by any means that we elect. In the event that we elect to send you a notice by email, you will be deemed to have received the email at the same time that we sent the email.

16.6 No rule of contract interpretation must be applied in the interpretation of these terms to the disadvantage of one party on the basis that it prepared or put forward these terms or any document comprising part of these terms and conditions.

16.7 These terms are governed by and construed in accordance with the laws of the State of Victoria, and the parties submit to the exclusive jurisdiction of the Courts of the State of Victoria. These terms are deemed to have been made and entered into at Melbourne in the State of Victoria.