Terms and conditions
Last updated: July 21, 2021
Welcome to RightPaw! Our platform is a curated marketplace which connects responsible companion dog breeders with those looking for a puppy.
These terms and conditions (Terms) are entered into between RightPaw Holdings Pty Ltd ABN 27 640 004 744 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our breeder code of ethics posted on the Platform (Code of Ethics).
We provide a platform where companion dog breeders (Breeders) and those looking for a companion puppy (Buyers) can connect and transact for the sale of a puppy (Platform). The Platform is available at rightpaw.com.au and may be available via other channels or addresses.
In these Terms, you means (as applicable):
- the person or entity registered with us as either a Breeder or Buyer; or
- the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
By signing up to the Platform, you confirm your acceptance of these Terms. You must be over 18 years of age to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform 30 days after notification, you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause below. In the event that we amend these Terms and you have paid for a RightPaw Premium subscription annually in advance (as described in the “Platform Fees” clause below), if you can demonstrate that the amendment has a material adverse impact on you, you may, within 30 days of the notification date, terminate your Account and these Terms by emailing the email address at the end of these Terms, these Terms and your Account will terminate and we will provide a pro-rata refund to you for any RightPaw Premium Fees paid in advance for the cancelled portion of your RightPaw Premium subscription.
Breeder accounts and breeder profiles
As a Breeder you must register on the Platform and create an account (Account) to access the Platform’s Breeder features. As a Breeder, we will review your request for an Account before approving the request. You must provide relevant information when registering for an Account, including your name, your email, your phone number, your address, information about your kennel, your breeding practices, your membership organisation numbers and you must choose a password. You may also have the option to choose and pay for a Premium Account (as described further in the “Platform Fees” clause below).
Your Account information will be used to create a profile which you may curate (Breeder Profile). From time to time, we may offer to assist you with curating your Breeder Profile based on information you provide to us or direct us to, such as on your external website. This is a complimentary service which we may offer for your convenience. We do not guarantee a finished Breeder Profile, any results from your Breeder Profile or that we will meet any deadlines in connection with our assistance. You are solely responsible for reviewing all content on your Breeder Profile before it goes live and confirming the accuracy and legality of all material on your Breeder Profile. We do not accept any Liability for your Breeder Profile.
You understand and agree that any information and materials you make available via your Breeder Profile, including the names of any persons, will be viewable by all users of the Platform, including those who have not registered for an Account.
Breeder verification process
As a Breeder, when you create an Account we will initiate our verification process. Your Account, Breeder Profile and any other content you create on the Platform via your Account, will display a ‘Verification Pending’ badge until verified by us. As part of the vetting process, we will schedule a vetting call with you after you submit the relevant information. We may request additional information, including photo evidence of dog living areas and health test results as proof that health tests have been completed. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
Following successful verification, on your Account, Breeder Profile and any other content you create on the Platform via your Account we will display a ‘RightPaw Verified Breeder’ badge (Verification Badge). You may also use the Verification Badge on your website to indicate that a successful verification has been performed by RightPaw. You acknowledge and agree that if you use the Verification Badge on your website:
- we may ask you to remove the Verification Badge from your website at any time and for any reason; and
- it may only be used by the individual or business for whom the relevant verification has been successfully performed and the relevant Verification Badge has been issued, and then, only where that individual or business is directly providing the puppy or related services.
As a Buyer, you may browse the Platform without an Account but you must register on the Platform and create an Account to access and use certain features on the Platform. You must provide basic information when registering for an Account including your name and email address and you must choose a password.
You may only have 1 Account on the Platform which you can use as a Breeder and as a Buyer. That is, unless as a Breeder, you co-own a kennel in which case you may have 2 Accounts on the Platform.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
The Platform is a marketplace where Buyers and Breeders can find each other, advertise, buy and sell companion puppies. We provide:
- the Platform to users (including hosting and maintaining the Platform);
- verify Breeders as set out in these Terms;
- assist Buyers and Breeders to form contracts for the supply of puppies;
- process payments between Buyers and Breeders via Stripe;
- provide access for Buyers to the “Puppy Prep Program” which is a vet-developed training program to support and prepare Buyers to welcome a puppy into their home; and
- any other services provided by us from time to time, as described on the Platform (together the RightPaw Services).
You understand and agree that we only make available the RightPaw Services. We are not party to any agreement entered into between a Buyer and a Breeder and we have no control over the conduct of Breeders, Buyers or any other users of the Platform. Buyers and Breeders are free to enter into further written agreements in relation to the sale of the puppy. Any such further written agreement is strictly between the Buyer and the Breeder.
A Breeder wanting to sell puppies creates an Account and a Breeder Profile on the Platform and posts an accurate and complete description of their kennel and the litters they are expecting (Breeder Listing). Breeder Listings are also subject to verification checks performed by us, including evidence of identity verification, home environments, and of health checks which are listed on your Breeder Profile. If you do not provide us with information we reasonably request, we may remove your Breeder Listing. If you provide us with any information which indicates your Breeder Listing does not meet the requirements of the Platform, we may remove your Breeder Listing, in our sole discretion.
A Buyer wanting to purchase a puppy may browse or search the Platform and view Breeder Profiles and Breeder Listings. If a Buyer wishes to purchase a puppy from a specific Breeder, the Buyer must create an Account on the Platform and submit their interest via the Platform functionality to ‘Apply for a Puppy’ or ‘Join Waitlist’ (Buyer Application).
In submitting a Buyer Application, you must complete a questionnaire about yourself and your home environment. Once the questionnaire has been submitted, the Breeder is able to view the Buyer’s responses and communicate with the Buyer via the Platform private messaging functionality.
In response to the Buyer’s Buyer Application, The Breeder is able to nominate a status for the Buyer Application. The status of a Buyer Application may be changed by a Breeder at any time.
If the Breeder has a puppy available and desires to provide this puppy to a Buyer, the Breeder will make an offer through the Platform detailing the parents of the puppy and if possible, the details of the specific puppy to be provided and the cost for the puppy, including any GST payable (Puppy Offer). By making a Puppy Offer, the Breeder confirms that the Offer is made in compliance with the Breeder Policy requirements (as defined below) and that the Breeder is legally entitled to and capable of supplying the puppy as described in the Puppy Offer.
The Puppy Offer will be sent to the Buyer via the RightPaw messaging platform on the website. If the Buyer wishes to accept the Puppy Offer, they must click on the link in their RightPaw messages and pay for the puppy in full and following payment, the Puppy Offer will convert to a Puppy Sale. Buyers are encouraged to accept Puppy Offers in a timely manner, noting that Puppy Offers may be revoked or expire at any time.
Breeders must include any and all additional terms and conditions relating to the Puppy Offer in the relevant Puppy Offer or must clearly state that there are additional terms and conditions which will be provided to the Buyer (and must then provide these).
Where we reasonably believe a Puppy Offer or Puppy Sale is in breach of these Terms, we may cancel the relevant Puppy Offer or Puppy Sale at any time, with notice to the Buyer and Breeder. We do not have any Liability to the Buyer or Breeder for any cancellation made in accordance with this clause.
Puppy home date
The Breeder sets the date on which the puppy is ready for delivery or collection (the Puppy Home Date) and prior to the Puppy Home Date, the Breeder and Buyer must agree on the details for the collection or delivery of the puppy . The puppy must be at least 8 weeks of age at the time of the nominated Puppy Home Date.
As a Breeder using our Platform you agree:
- to comply with these Terms, including our Code of Ethics and this Breeder Policy;
- that you are legally entitled to and capable of supplying the puppy as described in the Puppy Offer;
- to ensure the puppy in the Puppy Offer is the puppy provided to the Buyer;
- to ensure all information provided to the Buyer is true, correct and complete;
- to undertake the health tests listed on your Buyer Profile and/or Breeder Listing;
- to microchip, vaccinate and worm the puppy prior to the Puppy Home Date (unless you have a written exemption from a veterinarian);
- to provide the Buyer with proof of purchase, proof of health tests, proof of vaccinations, microchip details and Breeder registration details;
- to ensure the puppy is a minimum of 8 weeks’ old at the Puppy Home Date; and
- to take back the puppy at any stage in its life or assist with rehoming the dog, if the Buyer informs you that they are no longer able to care for the dog,
(together, the Breeder Policy).
As a Buyer using our Platform you:
- agree to comply with these Terms, including this Buyer Policy;
- agree that you will not breed from the puppy you purchased in the Puppy Sale, unless you have the express written consent of the Breeder to do so;
- agree to report to the Breeder any pertinent genetic health problems diagnosed with the puppy the subject of the Puppy Sale, by a veterinarian;
- agree to contact the Breeder if you can no longer care for the dog, before otherwise rehoming the dog or euthanasing the dog; and
- understand and agree that, any health tests conducted on the puppy cannot guarantee the absence of a disease or other health problem during the lifetime of the dog,
(together, the Buyer Policy).
RightPaw Protection and Support Fee
In consideration for providing the RightPaw Services, we will charge the Buyer our service fees as set out on the Platform for any Puppy Sale (RightPaw Protection and Support Fee) and any third party payment processing fee applicable to the transaction (Processing Fee).
As a Breeder, you agree to accurately set out all of the fees payable by the Buyer in your Puppy Offer, including any GST or other taxes or duties which are payable. You are solely responsible for identifying these fees and you are free to choose the appropriate fees. The fees set out by the Breeder in the Puppy Offer, plus the RightPaw Protection and Support Fee and the Processing Fee are together the Puppy Fees. Each component of the Puppy Fee will be shown to the Buyer as an individual line item.
As a Buyer, you agree to pay the Puppy Fees set out in the Puppy Offer at the time you accept the Puppy Offer.
Upon receipt of the Puppy Fees from the Buyer, we will hold the Puppy Fees on behalf of the Breeder via Stripe, until such time as they are paid to the Breeder, refunded to the Buyer (if the Buyer is entitled to a refund in accordance with these Terms), paid to us as our RightPaw Protection and Support Fee or paid to Stripe as the Processing Fee. On the Puppy Home Date, or a date mutually agreed by the Buyer and Breeder, we will, via Stripe’s automated system, pay the Puppy Fees on behalf of the Buyer to the Breeder after deduction of our RightPaw Protection and Support Fee and the Processing Fee.
Limited payment collection agent
If you are a Breeder, you appoint us as your limited payment collection agent solely for the purpose of accepting the Puppy Fees from the relevant Buyer. You agree that we will not be required to pay you any amount until we have received the Puppy Fees from the relevant Buyer, that we will deduct our RightPaw Protection and Support Fee and the Processing Fee from any Puppy Fees we receive and that we may grant refunds to Buyers in accordance with these Terms.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Breeder and buyer cancellation and refund policy
A Breeder or Buyer may cancel a Puppy Sale by emailing RightPaw at firstname.lastname@example.org and requesting to cancel the Puppy Sale, at any time prior to the Puppy Home Date.
The re-supply of any puppy or the refund of any Puppy Fees is a matter between the relevant Buyer and Breeder, subject to the following clauses:
- if the Puppy Sale is cancelled by us or by the Breeder prior to the Puppy Home Date, we will refund the Buyer the Puppy Fees in full (including our RightPaw Protection and Support Fee), less any Processing Fee, or
- if the Puppy Sale is cancelled by the Buyer prior to the Puppy Home Date, we will refund the Buyer the Puppy Fees in full (including our RightPaw Protection and Support Fee), less any Processing Fee or agreed non-refundable deposits.
It is free to register an Account on the Platform, for Breeders to create Breeder Profiles and Breeder Listings, and to make Puppy Offers, for Buyers to submit Buyer Applications and for all users to review content on the Platform.
However, Breeders may choose to purchase an upgraded version of the Platform designed to give Breeders access to premium features (RightPaw Premium).
A Breeders’ access to the Platform, including where they have purchased RightPaw Premium, is subject to successful completion of the Breed verification process detailed above. Please note that we may cancel your RightPaw Premium in accordance with the section of that name below if, as a Breeder, you do not successfully complete the Breeder verification process.
RightPaw Premium Free Trial
We may offer Breeders access to a RightPaw Premium free trial. In addition to these Terms, a free trial is subject to the terms and conditions specified when the free trial is offered. We may at any time, cancel a free trial if, for any reason, we believe the Breeder is misusing the Platform. At the conclusion of a free trial the Breeder’s access to RightPaw Premium will terminate, unless the Breeder purchases a RightPaw Premium subscription prior to the end of the free trial, on the terms set out below.
Purchasing RightPaw Premium
As a Breeder, you may upgrade your free Account to RightPaw Premium at any time or you may choose RightPaw Premium when you sign up for an Account. There may be different subscription tiers offered as part of RightPaw Premium. All subscription details including any tiers that we offer, the fees payable for the subscription including any GST payable (RightPaw Premium Fees) and the details of what is included in the subscription are set out on our Platform.
You may also be able to choose a RightPaw Premium subscription which automatically extends annually or monthly. If you choose or are required to select:
- an annual subscription, you will be charged, and you agree to pay, the RightPaw Fees annually in advance; or
- a monthly subscription, you will be charged, and you agree to pay, the RightPaw Fees monthly in advance, (each a, Payment Date).
For annual Payment Dates, we aim to provide you with a reminder at least 30 days before your next Payment Date.
On your Payment Date, you agree that your selected payment method, such as a credit card, will be charged automatically unless you cancel your RightPaw Premium subscription in accordance with the “Cancelling RightPaw Premium” sub clause below. Such recurring payment may also be subject to additional terms and conditions from our third-party payment processor, currently Stripe, as set out above in the “Puppy Offers” sub clause of the “Platform Summary” clause.
Except as expressly set out in these Terms and to the maximum extent permitted by law, the RightPaw Premium Fees are non-refundable.
Non-payment of the RightPaw Premium Fees
If any payment of the RightPaw Fees is not made in accordance with these Terms, we will notify you via email and we will attempt to process the payment again in 24 hours. If the second attempt to process the payment is unsuccessful we may, in our sole discretion, suspend your access to the RightPaw Premium features. If you are experiencing difficulty paying, you may cancel your RightPaw Premium subscription at any time as set out in the “Cancelling RightPaw Premium” sub clause below.
Upgrading and Downgrading RightPaw Premium
If there are RightPaw Premium subscription tiers available, you may upgrade or downgrade your RightPaw Premium subscription to a new tier by providing us with written notice (which you may be able to provide via email or through the Platform). A tier upgrade will be billed to you on a pro-rata basis for the remaining period between the date of upgrade and your next Payment Date and will come into effect on the date we confirm your upgrade. A tier downgrade will come into effect on your next Payment Date and you must pay to us the new RightPaw Premium Fees on your next Payment Date.
Cancelling RightPaw Premium
At any time, you may cancel your RightPaw Premium subscription by emailing us at email@example.com and requesting to cancel your subscription, and your RightPaw Premium Subscription will revert to a free Account on your next Payment Date and you will lose access to the RightPaw Premium features.
We may also cancel your RightPaw Premium subscription if:
- any amount payable by you remains due 30 days after the Payment Date;
- you do not satisfy our verification process; or
- without cause by giving you 7 days’ notice.
If we cancel your RightPaw Premium subscription under this section, your RightPaw Premium Subscription will immediately revert to a free Account, you will immediately lose access to the RightPaw Premium features and we will provide you a pro-rata refund of any RightPaw Premium Fees paid in advance for the cancelled portion of your RightPaw Premium subscription.
Cancellation of your RightPaw Premium subscription is different to termination of your Account and these Terms. If you wish to terminate your Account and these Terms, please follow the process in the “Termination” clause below.
If we change RightPaw Premium
From time to time, we may change the RightPaw Premium Fees and/or the RightPaw Premium subscription inclusions. We may reduce the RightPaw Premium Fees or introduce new RightPaw Premium subscription features without notice to you. We will provide you with at least 45 days’ written notice by email if we increase the RightPaw Premium Fees, change the billing process for the RightPaw Premium Fees, or remove material RightPaw Premium subscription features.
If you do not agree with any changes we notify you of, and you can demonstrate that they will have a material adverse impact on you, if you:
- have a monthly Payment Date, you may cancel your RightPaw Premium Subscription in accordance with the right described in the above sub clause “Cancelling RightPaw Premium” and the cancellation process described in that sub clause will apply; or
- have an annual Payment Date, you may, within 45 days of the notification date, cancel your RightPaw Premium Subscription by emailing us at firstname.lastname@example.org and requesting to cancel your subscription, and your RightPaw Premium Subscription will revert to a free Account, you will lose access to the RightPaw Premium features and we will provide you a pro-rata refund of any RightPaw Premium Fees paid in advance for the cancelled portion of your RightPaw Premium subscription.
Privacy and communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Buyers and Breeders can communicate privately using our private messaging service on the Platform or offline using the listed contact details. Buyers and Breeders must not use these contact details to organise the provision of the puppy off the Platform.
After the Puppy Home Date for a Puppy Sale, Buyers are invited to review their experience with the Breeder on the Platform (Buyer Review). The Buyer must submit the Buyer Review within 14 days of the Puppy Home Date. Buyer Reviews are posted on a Breeder's Profile, can be viewed by any user and will remain viewable until the relevant Breeder Profile is removed or terminated.
As a Buyer, you are encouraged to be specific and factual in your Buyer Reviews and you agree to provide true, fair and accurate information in your Buyer Review. If we consider that the Buyer Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Buyer Review or ban you from posting the Review. However, we do not undertake to review each Buyer Review. To the maximum extent permitted by law, we are not responsible for the content of any Buyer Reviews.
If you have been offered an incentive by a Breeder to write a Buyer Review, you should include information about this in your Buyer Review. Incentives include the Breeder offering you a gift, reward, discount or advantage for writing a Buyer Review about the Breeder on the Platform.
We may allow you to:
- post, upload, publish, send or receive relevant content and information, including as a Breeder, information and images on your Breeder Profile and as a Buyer, Reviews on or through our Platform (User Content); and/or
- access and view User Content; and
- access and view the content, information, trade marks and branding we make available on our Platform (RightPaw Content). RightPaw Content together with User Content, is Content.
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms:
- copy or use, in whole or in part, any Content;
- reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content (other than sharing via social media where permitted) to any third party; or
- breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform to users and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
- neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
Please note that RightPaw Content is factual information only, is not comprehensive and is for general information purposes only. RightPaw Content is not advice, including legal advice or tax advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of the RightPaw Content, we provide the RightPaw Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on the RightPaw Content.
You represent, warrant and agree that:
- you will not use our Platform, including the RightPaw Content, in any way that competes with our business;
- there are no legal restrictions preventing you from entering into these Terms;
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
- you will be responsible for the use of any part of the Platform, and you must ensure that no person (including yourself) uses any part of the Platform:
- to break any law or infringe any person’s rights (including Intellectual Property Rights)
- to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or
- in any way that damages, interferes with or interrupts the supply of the Platform;
- you are using the Platform solely for the purpose of buying or selling a companion puppy and not for commercial dog sales or the reselling of dogs;
- as a Buyer, you will comply with the Buyer Policy;
- as a Breeder, you will comply with the Breeder Policy;
- where you are a Breeder, you are responsible for complying with all laws, rules and regulations (state and federal) which apply to the provision of the puppy in your Breeder Listing and/or Puppy Offer (including consumer laws and breeding laws);
- where you are a Breeder, you have any required registrations, licences, consents and permits to provide the puppy; and
- where you are a Breeder, you are solely responsible for determining which Buyer Applications to accept, the manner and means, methods or processes of providing your puppy (subject to the Breeder Policy), and the price you charge for the puppy. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control you or any puppy you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to offer any puppy. You are solely responsible for any taxes or duties (including GST) payable on any fee you receive for a puppy.
Breeder verification disclaimer
Where we verify a Breeder Profile or Breeder Listing, including as shown through the display of a Verification Badge, to the maximum extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Breeder or guarantee that a Breeder will not engage in misconduct in the future. We do not accept any Liability for the acts or omissions of a Breeder, on or off the Platform, even if we have verified the Breeder, including by providing the Breeder with a Verification Badge. As a Buyer, you should do your own due diligence before buying a puppy from a Breeder.
As a Buyer, you acknowledge and agree that:
- verification may not be fully accurate, as it is dependent on the information provided by the relevant Breeder or checks performed by third parties; and
- you should not rely solely on our verification, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Breeders on the Platform and any puppy the subject of a Puppy Offer. If you become aware of any misconduct by a Breeder you agree to immediately notify us.
Australian consumer law
Our Australian consumer law obligations
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the RightPaw Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the RightPaw Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the RightPaw Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
Breeder Australian consumer law obligations
As a Buyer, the purchase of a puppy from a Breeder may also confer on you certain rights under the ACL.
As a Breeder, the provision of a puppy to a Buyer may confer certain rights on the Buyer under the ACL. It is your responsibility to comply with any such legal obligation.
This clause will survive the termination of these Terms.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your acts or omissions;
- any use or application of the RightPaw Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any aspect of the Buyer and Breeder interaction including the puppy offered by the Breeder, the description of the puppy requested or offered, any advice provided, any further written agreements entered into by the Buyer and Breeder, or the supply and delivery of the puppy by the Breeder;
- any works, services, goods, materials or items which do not form part of the RightPaw Services (as expressed in these Terms), or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including customers, end users, suppliers, hosting providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
- the RightPaw Services being unavailable, or any delay in us providing the RightPaw Services to you, for whatever reason; and/or
- any event outside of our reasonable control.
This clause will survive the termination of these Terms.
Limitations on liability
Despite anything to the contrary (but subject to your Statutory Rights), to the maximum extent permitted by law:
- we will not be liable for Consequential Loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the RightPaw Services to you.
This clause will survive the termination of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
- the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach or privacy breach;
- breach of any laws or regulations by you;
- as a Breeder, any breach of the Breeder Policy; and
- as a Buyer, any breach of the Buyer Policy.
This clause will survive the termination of these Terms.
Your Account and these Terms may be terminated by you at any time by emailing at the email address at the end of these Terms.
We may suspend your Account or terminate your Account and these Terms immediately upon written notice to you, if:
- you breach any provision of these Terms;
- as a Breeder you repeatedly receive negative reviews;
- there is any reason outside our control which has the effect of compromising our ability to provide the RightPaw Services; or
- as a Breeder, you are unable to pay your debts as they fall due.
Upon termination of these Terms:
- we will remove your Account and (if applicable) cancel any active RightPaw Premium subscription;
- any active Breeder Listings, Puppy Offers or Puppy Sales will be cancelled;
- refunds for Puppy Fees and the RightPaw Protection and Support Fee (but not the Processing Fee) will be issued in accordance with the refund policy in the “Breeders and Buyers Cancellation and Refund Policy” clause above;
- to the maximum extent permitted by law, no refunds will be issued for RightPaw Premium Fees (if applicable), unless expressly stated elsewhere in these Terms; and
- where we terminate the Terms for your breach, you also agree to pay us our additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination of these Terms.
Buyer and breeder disputes
For disputes between Buyers and Breeders, we encourage the Buyer and Breeder to attempt to resolve disputes (including claims for re-supply or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. If the dispute is raised on the Platform, we may assist with handling this dispute however we are unable to make a legal determination with respect to a dispute and we cannot guarantee that the dispute will be resolved. In the event that a dispute cannot be resolved through these means, the Buyer and Breeder may choose to resolve the dispute in any manner agreed between them or otherwise in accordance with applicable laws. Nothing in this clause will operate to prevent the Buyer or Breeder from resolving a dispute off the Platform, or from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Disputes with us
In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or a Breeder and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a representative of the other Party with the authority to resolve the Dispute, to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
- Force Majeure:
- We will not be liable for any delay or failure to perform our obligations under these Terms if such failure or delay is due to any circumstance beyond our reasonable control, including any fire, flood, storm, earthquake, volcano, explosion, epidemic, pandemic, government sanctioned lockdown or regulation.
- Governing law:
- These Terms are governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 3 business days in the case of post, or at the time of transmission in the case of transmission by email.
- Relationship of parties:
- These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the “Payment” clause as a limited payment collection agent) between the Parties.
- If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Consequential Loss
- includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Intellectual Property
- means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
- Intellectual Property Rights
- means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
- Intellectual Property Breach
- means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
- means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
For any questions or notices, please contact us at:RightPaw Holdings Pty Ltd
ABN 27 640 004 744
16 Northcott Street, North Ryde, NSW 2113 Australia
Last updated: July 21, 2021