Terms & Conditions

TERMS AND CONDITIONS - CUSTOMERS

These Terms constitute a legally binding agreement ("Agreement") between you and PUPSY (as defined below) governing your access to and use of the PUPSY website, including any subdomains thereof, and any other websites through which PUPSY makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "PUPSY Services"). The Site, Application and PUPSY Services together are hereinafter collectively referred to as the “PUPSY Platform”.

When these Terms mention “PUPSY,” “we,” “us,” or “our,” it refers to Beach Life Australia Pty Ltd [ABN 38 612 105 521], trading as Pupsy.

Any and all payment processing services through or in connection with your use of the PUPSY Platform ("Payment Services") are provided to you by one or more PUPSY Payments entities (individually and collectively, as appropriate, "PUPSY Payments") as set out in the Payment Terms of Services ("Payments Terms").

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on PUPSY, you should always seek legal guidance.

Acceptance

You accept these Terms by checking the box, clicking “I accept” or using the Platform or the Pupsy Services. You must be 18 years old to use the Platform.

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), 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.

Platform summary

Pupsy is a marketplace where Hosts and Customers can find each other and advertise, buy and sell Accommodation and Other Services (including accommodation, experiences and vehicles) online. Pupsy is also a Platform where we may engage dog owners to participate in adventure experiences and create content for us. We provide the Platform to Users (including hosting and maintaining the Platform), assist Users to form contracts for the supply of services and process payments between Users (together the Pupsy Services). You understand and agree that we only make available the Platform and the Pupsy Services. We are not party to any agreement entered into between any Hosts and Customers and we have no control over the conduct of Users or any other users of the Platform.

Listings

A Host wanting to provide Services creates an account on the Platform and posts an accurate and complete description of the Services they can provide which may include an accommodation listing, experience listing or vehicle listing (Listing).

Where you wish to buy Services, you create an account on the Platform to view and browse Listings.

You may Book Services described in a Listing by creating a booking through the Platform. The booking is an offer from you to the Host to book the services described in the Listing.

Pupsy is an Instant Booking Platform and therefore once you create your Booking a legally binding agreement is formed between you and the Host for which fees will be required to be paid either immediately. If you have booked accommodation services, you understand and agree that the Booking is a limited licence granted to you by the Host to enter, occupy and use the accommodation outlined in the Listing, for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the accommodation, in accordance with your agreement with the Host.

Hosts must include all additional terms and conditions relating to Adventure Services in the relevant Listing or must clearly state that there are additional terms and conditions. By creating a Booking, you are accepting the additional terms and conditions of the relevant Host, including any checkout times, cancellation policy listed in the Listing and any Host rules.

If you make a Booking for accommodation services and you stay past the agreed checkout time without the Host’s consent (Overstay), you no longer have a license to stay in the accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each 24 hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to 2 times the average nightly Booking Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable taxes, and any legal expenses incurred by the Host to make you leave (collectively, Overstay Fees). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay.

Communication

We may contact you via off-Platform communication channels, such as text message, phone call or email.

Gift Vouchers

If you have purchased a gift voucher for a Listing, you must apply the gift voucher at the time of making the Booking for it to be redeemed. Once a Booking has been made and confirmed by the Host, you cannot redeem a gift voucher in relation to that booking. We do not guarantee that your preferred dates will be available when you purchase the gift voucher.

The gift voucher has an expiration date as set out on the Platform. You cannot redeem a gift voucher after this expiration date.

If we remove a Listing to which you have purchased a gift voucher, you may apply the gift voucher to any other Listing available on the Platform. To the maximum extent permitted by law, gift vouchers are non-refundable and are not redeemable for cash.

Payment

It is free to register an Account on the Platform. In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fee and will be included in the Booking Fee (as defined below), as applicable.

Listings

You agree to pay the relevant fees set out in the Listing (Booking Fee) when a Booking is made. If your Booking is not accepted, you will not be charged. If your Booking is accepted, payment will be processed within 24 hours. If your payment cannot be processed for any reason, including insufficient funds in your bank account or an expired card, we will contact you by email and give you the opportunity to make payment. If, after contacting you, your payment can still not be processed, your Booking will be deemed to be cancelled by you, and your cancellation will be treated in accordance with our “Refund and Cancellation” clause below.

If any Overstay or Damage Fees become due and payable, you authorise us to charge you to collect the Payment within 72 hours after checkout.

General

We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

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 us 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.

If any payment has not been made in accordance with this clause or any cancellation fees are not paid when due, we may (at our absolute discretion) (1) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.

Refunds and Cancellations

If you cancel a Booking (including if the Booking is deemed to be cancelled by you due to non-payment of the Booking Fees by the due date), any refund will be calculated based on the Listing’s cancellation policy. If you are eligible for a refund, we will transfer the refund amount (which is always minus our Service Fee) to the payment method originally used to pay for the Booking.

If a Host cancels a Booking, we will refund you the full Booking Fee paid by you.

Users

For disputes between Users, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the parties or otherwise in accordance with applicable laws.

Disputes

To the maximum extent permitted by law, you agree not to dispute the Booking Fees directly through your bank. If you need clarification around a charge, please contact us through the Platform.

If you dispute a charge directly with your bank prior to attempting to resolve the issue with us, we will suspend your Account and future Bookings will be cancelled in accordance with these Terms.

Damage Deposit

You agree that we may charge you a security deposit in the amount set out on the Platform (Damage Deposit) in the event that the Host makes a claim that you have damaged their property within 14 days from the end of the completed Booking. You agree to follow the following process:

In the event of a claim, the Host will communicate with you, stating they have made a claim and will provide you with proof of such a claim.
If you agree with the claim, we will charge against your Damage Deposit and pay the amount to the Host.
If you disagree with the claim, we may mediate the dispute in accordance with these Terms.

In the event of a dispute, the Host will contact us and we will ask you to respond to the claim in writing. If no response is given within 48 hours, you agree that we may charge against your Damage Deposit and pay the amount to the Host. If you do respond, we may make a determination and charge against your Security Deposit, or agree that there is no claim, at our discretion.

Reviews

You may review your experience with the Host on the Platform, if you have had a completed Booking with that Host (Review). Your completed Booking must have occurred in the 12 months prior to you writing a Review, and you are not permitted to write a Review about someone else’s completed Booking, such as a family member or friend.

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You may not write a review about a Host which is a business that you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Host’s business, or work for the Host. Similarly, you may not write a Review about a direct competitor to the Host you own, are employed by or work for.

Content

As a User, we may allow you to (1) post, upload, publish, send or receive relevant content and information, including stories, images, itineraries and discovered locations and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Pupsy Content and together with User Content, 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, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) 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 non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content solely for your personal use, 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 the User Content for internal usage and to provide the Platform and promote the Platform in media or promotional material limited to the Pupsy website and story page, Pupsy social media accounts, Pupsy digital advertisements, public relations material, electronic digital marketing and material published through digital media outlets and editorials.

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 (1) 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 (2) 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 from and against all Liabilities, howsoever arising, suffered or incurred by us and arising from or in connection with any claim that any Liability we incur as a result of the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

User Warranties

You represent, warrant and agree that:

you will not use our Platform, including the Content, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
where you are booking services on behalf of additional guests, that you nominate the guests in the Booking Request and that the guests meet the requirements in the Listing;
you will comply with the Host’s reasonable instructions;
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; and
you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform.

Australian Consumer Law

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 Platform 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 Platform 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 Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

The Adventure Services provided by a Host may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry 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 or your personnel’s acts or omissions;
any virus or similar harmful code being introduced into your IT systems via email relating to, or access to, the Pupsy Services;
any property loss or damage, or personal injury or loss, arising from or in connection with your participation in the Services;
any use or application of the Pupsy Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
any aspect of the Customer and Host interaction including the Services offered by the Host, the description of the Services requested or offered, any advice provided or the performance of Services;
any works, services, goods, materials or items which do not form part of the Pupsy 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, Hosts, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
the Pupsy Services being unavailable, or any delay in us providing the Pupsy Services to you, for whatever reason; and/or
any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;
our 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 you (or any of your personnel); and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Pupsy Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Pupsy Services to which the Liability relates, or where there are no Service Fees paid, $1.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience). We may further ban you from creating future Accounts on the Platform.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
2. there is any reason outside our control which has the effect of compromising our ability to provide the Pupsy Services; or
3. you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

we will remove your access to the Platform;
we will immediately cease providing the Pupsy Services;
you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
you agree not disparage or otherwise make any unfavourable statements or comments regarding us, the Platform or another User, either directly or by implication, verbally or in writing;
we will cancel any existing Bookings and you will lose any Booking Fee and other amounts paid other than where termination is due to our Termination for Convenience; and
where we terminate the Terms for any reason other than a Termination for Convenience, 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 or expiry of these Terms.

TERMS AND CONDITIONS - HOSTS

This section only applies to Hosts. In this section, you means the person or entity registered with us as a Host.

Pupsy aims to connect dog owners with accommodation, experiences and vehicle providers to open a world of adventures and fulfilled living.

When these Terms mention “PUPSY,” “we,” “us,” or “our,” it refers to Beach Life Australia Pty Ltd [ABN 38 612 105 521], trading as Pupsy. These Terms include our privacy policy.

We provide a platform (Platform) where:

we may engage users to create content for us; and
suppliers and hosts (you, a Host) of accommodation, experiences and vehicles and adventure seekers (Customers) can connect and transact.

In these terms, User means Hosts & Customers

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 employees, contractors and other personnel to these Terms.

Acceptance

You accept these Terms by confirming to list your property on Pupsy by email or over the phone. You must be 18 years old to use the Platform.

Platform summary

Pupsy is a marketplace where Hosts and Customers can find each other and advertise, buy and sell Services (including accommodation, experiences and vehicles) online. Pupsy is also a Platform where we may engage users to participate in adventure experiences and create content for us. We provide the Platform to Users (including hosting and maintaining the Platform), assist Users to form contracts for the supply of services and process payments between Users (together the Pupsy Services). You understand and agree that we only make available the Platform and the Pupsy Services. We are not party to any agreement entered into between any you and Customers and we have no control over the conduct of Users or any other users of the Platform.

You and Customers may enter into written agreements in relation to Services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

Listings

Where you wish to provide Services, create an account on the Platform and post an accurate and complete description of the Services you can provide, which may include an accommodation listing, experience listing or vehicle listing (Listing). We will review your request for a Listing before approving the listing. The Listing must comply with these Terms and any other guidelines set out on the Site.

Accommodation Listing: Post an accurate and complete description of the accommodation services (including a description of the accommodation, location, availability, fees, any restrictions that apply such as a minimum age requirement or any other information we request you to provide).

Experience Listing: Post an accurate and complete description of the adventure experience you would like to provide (including a description of the activity, any minimum age, proficiency or fitness requirements and any other information we request you to provide).

Vehicle Listing: Post an accurate and complete description of the vehicle you would like to hire (including vehicle location, type and model, size, capacity and availability and any other information we request you to provide).

Pupsy is an Instant Booking Platform. Once the customer has created a Booking for your Listing it becomes a Booking and a legally binding agreement is formed between you and the Customer for which fees will be required to be paid either immediately or at a later date as notified by us. Customers that book accommodation services agree that the Booking is a limited licence granted to them by you to enter, occupy and use the accommodation outlined in the Listing, for the duration of their stay, during which time you (only where and to the extent permitted by applicable law) retains the right to re-enter the accommodation, in accordance with the Customer’s agreement with you.

By accepting a Booking, you confirm that you are legally entitled to and capable of supplying the Services described in the Booking. Once a Booking is accepted, you agree not to increase the fees.

You must include all additional terms and conditions relating to Adventure Services in the relevant Listing or must clearly state that there are additional terms and conditions. By creating a Booking, a Customer is accepting your additional terms and conditions, including any checkout times, cancellation policy listed in the Listing and any of your rules.

If a Customer makes a Booking for accommodation services and they stay past the agreed checkout time without your consent (Overstay), you are entitled to make the Customer leave in a manner consistent with applicable law. In addition, the Customer agrees to pay, at your request, for each 24 hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to 2 times the average nightly Booking Fee originally paid by the Customer to cover the inconvenience suffered by you, plus all applicable taxes, and any legal expenses incurred by you to make the Customer leave (collectively, Overstay Fees). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by you as a result of such Overstay.

Double Booking

In the event that two Customers make a Booking for the same Listing on the same dates (a Double Booking), you agree to accept the first accepted Booking, and cancel the second Booking within 24 hours of the Double Booking. Alternatively, you may offer the Customer of the second Booking alternative accommodation. If the Customer accepts and the alternative accommodation is of lesser value to the value of the relevant Listing, you agree to pay us the difference in value.

If you do not act in accordance with this clause in relation to Double Bookings, you agree to pay us an amount equivalent to the relevant Booking Fee.

Payment

It is free to register an Account on the Platform, including to create Listings. In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fee and will be included in the Booking Fee (as defined below), as applicable.

Listings

Customers agree to pay the relevant fees set out in the Listing (Booking Fee) when a Booking is created

Upon receipt of the Booking Fee from the Customer, we will hold the Booking Fee on your behalf until such time as they are paid to you, refunded to the Customer (if the Customer is entitled to a refund in accordance with these Terms) or paid to us as our Service Fee. Within 7 days of the Check In Date of a Booking, we will pay the Booking Fee on behalf of the Customer to you after deduction of our Commission.

You appoint us as your limited payment collection agent solely for the purpose of accepting the Booking Fee from the relevant Customer. You agree that we will not be required to pay you any amount until we have received the Booking Fee from the relevant Customer, that we will deduct our Service Fee from any Booking Fee we receive and that we may grant refunds to a Customer in accordance with these Terms.

Refunds and Cancellations

You must select your refund and cancellation policy from the available options set out on the Platform when creating a Listing. You agree to deal with the cancellation, variation or refund of any Services ordered on this Platform in accordance with the cancellation policy you have chosen in the Listing.

If a Customer cancels a Booking (including if the Booking is deemed to be cancelled by the Customer due to non-payment of the Booking Fess by the due date), any refund will be calculated based on the Listing’s cancellation policy. If a Customer is eligible for a refund, we will transfer the refund amount (which is always minus our Service Fee) to the payment method originally used to pay for the Booking.

If you cancel a Booking, we will refund the Customer the full Booking Fee paid by the Customer and charge you the cancellation fee, as set out on the Platform. You acknowledge that the cancellation fee is a genuine pre-estimate of the loss we have incurred as a result of your cancellation.

Users

Damage Deposit

We may charge Customers a damage deposit in the amount set out on the Platform (Damage Deposit) in the event that you make a claim that they have damaged your property within 14 days from the end of the completed Booking. You agree to follow the following process:

In the event of a claim, you will communicate with the Customer on the Platform, stating you have made a claim and will provide the Customer with proof of such a claim.
If they agree with the claim, we will charge against their Damage Deposit and pay the amount to you.
If they disagree with the claim, we may mediate the dispute in accordance with these Terms.

In the event of a dispute, you must contact us and we will ask the Customer to respond to the claim in writing. If no response is given within 48 hours, we may charge against their Damage Deposit and pay the amount to you. If they do respond, we may make a determination and charge against their Damage Deposit, or agree that there is no claim, at our discretion.

Communication

We may contact you via off-Platform communication channels, such as text message, phone call or email.

Users can communicate outside of the Platform. Users must not use the contact details to organise the provision of the services off the Platform or to contact the Host after the Booking has been completed.

Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features. You may only have 1 Account on the Platform. Your Account may be create on your request by us. You must provide basic information when registering for an Account including your legal entity name, business name, ABN and GST status (if applicable), contact name and email address and you must choose a password.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

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. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your 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.

Reviews and Feedback

You may review your experience with Customers on the Platform, if you have had a completed Booking with that Customer (Review). Your completed Booking must have occurred in the 12 months prior to you writing a Review, and you are not permitted to write a Review about someone else’s completed Booking, such as a family member or friend.

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

We may also provide you with guidance in the form of a Feedback Report, listing any issues that have occurred in relation to a Booking, and any action required to improve the experience on the Platform for further Bookings. As part of the Feedback Report, we may issue you with Strikes in the event of serious or recurring issues. Where you receive 3 or more Strikes, we may ban you from further use of the Platform and terminate these Terms as set out below.

Content

As a User, we may allow you to (1) post, upload, publish, send or receive relevant content and information, including stories, images (including images you upload relating to your Listing), itineraries and discovered locations and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Pupsy Content and together with User Content, Content).

Warranties

You represent, warrant and agree that:

you will not use our Platform, including the Content, in any way that competes with our business;
you will not share phone numbers or other personal information of Customers
you will act courteously towards guests (including Customers), will not engage in any manipulative or dishonest behaviour, and will abide with any code of conduct or behaviour guidelines we list on the Platform from time to time;
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 uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
you are solely responsible for determining which Booking to accept, the type, timing, manner and means, methods or processes of providing your services, the equipment you use and the price you charge for the services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of services 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 provide your services. You are responsible for any taxes payable on any fee you receive for your goods and/or services;
you are not entitled to the benefit of any policies of insurance that we may hold and you agree to effect and maintain your own insurance that provider of the same or similar services would customarily be covered for.
you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Listings;
you are responsible for ensuring Customers sign any recreational services waivers relating to the Services which would be desirable to limit your Liability when providing Services;
you are appropriately qualified, and have any required skills, knowledge or training, to provide the Services;
any photos or videos used in your Listings accurately reflect the quality and condition of your Services and Pupsy reserves the right to require that Listings have a minimum number of photos and videos in a certain format, size and resolution;
you will only list one Service (such as an accommodation, experience or vehicle) in each Listing;
any Listing you post does not breach any agreements you have entered into with third parties, such as an owner’s incorporation;
any Listing you post informs and educates Customers about the inherent risk of any Services, any requirements for participation such as an age limit, fitness level, dress code, licences or anything else a Customer may need to know in order to safely participate in the Services;
the placement and ranking of Listings in search results on the Platform may vary depending on a variety of factors, such as Customer search parameters and preferences, your requirements, price and calendar availability, number and quality of images, customer service and cancellation history, Reviews, type of service, and/or ease of booking;
all availabilities in Listings on the Platform are up to date

Australian Consumer Law

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

your or your personnel’s acts or omissions;
any virus or similar harmful code being introduced into your IT systems via email relating to, or access to, the Pupsy Services;
your performance of the Services;
any property loss or damage, or personal injury or loss, arising from or in connection with your performance of the Services, including any damage to your property by the Customer;
any use or application of the Pupsy Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
any aspect of your interaction with the Customer, including the Services offered by you;
any works, services, goods, materials or items which do not form part of the Pupsy 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, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
the Pupsy Services being unavailable, or any delay in us providing the Pupsy Services to you, for whatever reason; and/or
any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;
our 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 you (or any of your personnel); and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Pupsy Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Pupsy Services to which the Liability relates, or where there are no Service Fees paid, $1.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience). We may further ban you from creating future Accounts on the Platform.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
as a User you repeatedly receive reviews below 3 stars;
there is any reason outside our control which has the effect of compromising our ability to provide the Pupsy Services; or
you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

we will remove your access to the Platform;
we will immediately cease providing the Pupsy Services;
you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
you agree not disparage or otherwise make any unfavourable statements or comments regarding us, the Platform or another User, either directly or by implication, verbally or in writing;
we will cancel any existing Bookings and refund the relevant Customers their Booking Fee and charge you the cancellation fee, as set out on our Platform; and
where we terminate the Terms for any reason other than a Termination for Convenience, 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 or expiry of these Terms.

Insurance

You agree that you and your personnel are not entitled to the benefit of any policies of insurance that we may hold.

We may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers or us. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

General

Assignment: 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.

Disputes: 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 User and us, a party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other party 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 Institute 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.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales. 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.

Notices: 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 48 hours 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 limited payment collection agent) between the Parties.

Inconsistency: Each transaction is subject to, and will be governed by these Terms and any other conditions agreed to by the Users in writing, including a Listing. To the extent there is any ambiguity, discrepancy or inconsistency in or between the terms and conditions contained in these Terms and any transaction, these Terms will prevail.

Severance: 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.

Definitions

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 (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability 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.

Accuracy of information

Pupsy attempts to maintain the accuracy and integrity of the information on the Platform, and tries to moderate User Generated Content such as User ratings. However, Pupsy does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without our knowledge or consent.

Pupsy disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted at law. If You believe that information found on the Platform is unauthorised, inaccurate or incomplete, please inform us by sending an e-mail to [email protected].

We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us. You will continue to own any and all intellectual property rights in such information. However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner. This right continues even if You no longer use Our Services or the Platform.

We will only use this information for the purposes of operating, promoting or improving Our Services and the Platform, for developing other products or services, and for any other purposes set out in our privacy policy. This means, for example, that we might use this information to compile statistical information for use in marketing Pupsy, to make improvements to Pupsy, or to develop complementary products or services to Our Services.

If you would like to know more about how we use, store or handle your personal information, please contact us at [email protected]

Each User is responsible for maintaining his/her Account information and keeping the User’s password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.

User Generated Content

The Pupsy Platform facilitates communication between Users. This means users will in some way or form, upload, submit, consume or view User Generated Content. Pupsy occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. You consent and agree that Pupsy is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Instagram, and other sites determined by Pupsy. Pupsy also reserves the right to modify, delete or block selected User Generated Content from the Platform.

Fair Conduct and use of the Platform

Users must only use the Platform in good faith and with respect for each other User. Pupsy reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:

• Use or access the Platform for a commercial purpose

• Change, or copy any Content on the Platform, for any purpose other than in the proper use of Our Services or the Platform, such as updating Your Profile in good faith;

• Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Platform;

• Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;

• Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform

• Use the Platform for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;

• Disguise the origin of information transmitted to, through or from the Platform; • Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;

• Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);

• Distribute viruses or other harmful computer code to or on the Platform; or

• Otherwise use Our Services or the Platform in a way that was not intended by us. Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:

• Flagging a User’s profile as inappropriate;

• Direct e-mail to Pupsy via [email protected]

• Direct phone contact with Pupsy during normal business hours on 0428 533 960

• Pupsy will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable. Pupsy reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, Pupsy reserves the right, in its sole discretion, to delete any User Generated Content that Pupsy considers is inappropriate.

Links to Third Party Sites

The Platform may have references or contain links to sites controlled by parties other than Pupsy. Pupsy provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, Pupsy is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.

Third Party Advertising and Analytics Cookies

Ads appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

Termination and Account Cancellation

If You breach or threaten to breach these Terms, Pupsy reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. Pupsy may provide notice of termination by regular mail or email, but is not obliged to do so. Please note that if Your Pupsy Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.

Disclaimer

Pupsy, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE. If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.

LEAVING REVIEWS

Irrelevant content

If you're reviewing a business listing, be detailed about your experience with the business as opposed to commenting on the purchased product. In some cases, we may not accept reviews if we believe the main feature(s) of the service or product haven't been used. Comments should be related to the review you are posting under and answers should be informative and be relevant to the question you are answering.

Overly positive marketing-speak reviews

Don't post reviews with overly positive or "marketing-speak" writing styles. Our content team has the final say on what is considered to be marketing-speak.

Personal attacks

Don't post personal attacks, threats or insults directed at other people. There is also no need to respond to personal attacks in a similar manner as your account may be removed too. Instead, report the content or the member using the site's flag icons at the bottom right-hand corner of posts.

Personal reprisals against staff or business owners

Don't post personal reprisals against staff or business owners. If your listing has been affected by a personal vendetta you should report the review to our content team using the flag icon and provide as much evidence as you can.

Intolerance and vilification

Don't post content that contains intolerance or vilification of other people's race, culture, beliefs, physical or mental conditions, gender, religion, age, etc.

Swearing

Don't swear! Whether the swear word is an acronym or you're using asterisks or the word is somehow misspelt but the meaning is evident. Words like "crap", "damn", etc. are not considered swear words, but we do encourage professional language as this adds more value to your review.

Advertising

Don't post advertising in your reviews, comments, etc. This includes viral advertising, links, promotions, etc. Product recommendations are acceptable depending on the context. Our content team has the final say in ambiguous cases.

External links

Don't post external links that are irrelevant or lead to unsafe/offensive websites.

Affiliation to the listing

Don't review a listing if you are affiliated with or were affiliated with it in the past. This includes past or present employees, family and friends of employees. Please read our fake submissions policy and don't risk your listing being penalised.

Pointless posting sprees

There is no reason to flood Pupsy with multiple comments, questions or answers that add no value to the discussion. We reserve the right to remove your content in bulk and ban your account.

Multiple accounts

Don't create multiple accounts. You can update your email address in your account settings.

Review verification and requests for additional information

Our content team may run checks at their discretion to confirm if a reviewer has used the product or service they are reviewing. As part of these efforts, some members will need to provide additional information to confirm that they have purchased a product or are a customer of the service they are reviewing. This information is kept confidential as per our Privacy Policy.

Reviews written on company provided devices

Reviews written on company provided devices such as tablets or office computers may not be accepted. Read more about this policy.

Legal threats policy

Removal Requests

We consider reasoned and polite requests regarding content removal. If you believe a review or other content should be removed for breaching our Posting Guidelines, infringing or violating someone’s rights or otherwise violating the law, you should report this by sending us an email at [email protected]. Be detailed and factual as to why you think the content needs to be removed. The more evidence you provide, the easier it is for us to make a decision. Although we won't be able to reply to every request, rest assured that we investigate every one of them.

Threatening requests

We take a zero tolerance approach to threatening requests sent to Pupsy and reserve the right to take any or all of the following actions: Placing a large notice of the threat(s) on your listing. Removing access to the Brand Management platform. Locking your listing to any future submissions. Publicising the legal threats and associated correspondence on your listing. Passing on details of correspondence that appears to be an attempt to abuse our policies concerning removal to the ACCC.

Fake positive reviews

If it becomes evident to Pupsy that a business has been posting fake reviews for their listing(s), we reserve the right to take any or all of the following actions: Placing a large notice on the listing notifying users of fake reviews. Removing access to the Brand Management Platform. Locking your listing to any future submissions. Submitting the case to the ACCC.

We have a number of tools and procedures to identify fake submissions and reserve the right to impose these penalties on any business trying to manipulate our rating system. We also work closely with the ACCC and reserve the right to submit all our findings to them. Note that ACCC has fined a number of companies for fake review submissions.

The ACCC can issue an infringement notice where it has reasonable grounds to believe that a person has contravened certain consumer protection laws. For serious misconduct, the ACCC can seek court penalties. The maximum penalty is $220,000 for an individual and $1.1 million for a body corporate, per breach.

http://www.accc.gov.au/business/advertising-promoting-your-business/managing-online-reviews#identifying-fake-reviews

Fake negative reviews

If you have evidence that a negative review for your listing is fake, please report it using by clicking on flag icon at the bottom right-hand corner of the review. Provide as much evidence as you can to support your claims.

Claiming that our member's username does not match-up in your customer database is insufficient evidence that a review is fake.

We take a zero tolerance approach to competitors submitting negative reviews on other businesses. We reserve the right to take any or all of the following actions:

Placing a large notice on the listing notifying users of fake reviews.
Removing access to the Brand Management platform.
Locking your listing to any future submissions.
Submitting the case to the ACCC.
Incentivised consumer reviews
Incentives should only be offered in exchange for reviews of your business (its products or services) if: Incentives are offered equally to consumers likely to be complementary and consumers likely to be critical, and positive and negative reviews are treated the same.

The reviewer is expressly told that the incentive is available whether the review is positive or negative. The incentive is prominently disclosed to users who rely on affected reviews.

YOU ACKNOWLEDGE AND AGREE THAT PUPSY IS NOT A PARTY TO ANY AGREEMENTS BETWEEN THE USERS. PUPSY HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, THE ACTIONS OR OMISSIONS OF USERS OF THE PLATFORM. PUPSY DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Terms & Conditions

LEAVING REVIEWS

Legal threats policy

Travel

List Your Business

Bookings

Account

Contact Us

Contact Us