Terms & Conditions
1. INTRODUCTION
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1.1 The That Pet App and the Services made available through the mobile application are owned and operated by ATMAC Consulting Pty Ltd (ACN 637 601 471) (our, us or we).
1.2 By downloading, using, browsing or accessing the That Pet App and the Services, you acknowledge that you have read, understood and accept these That Pet App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the That Pet App and the Services.
1.3 In this agreement, you and your means the individual who accesses or uses the That Pet App and the Services, and whose details are listed in the User Access Portal (and includes anyone acting on your behalf or with your express or implied authority).
2. THAT PET APP
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2.1 The That Pet App is a mobile application that allows you to store, maintain and manage information, data and documents relating to your pet (including, health records relating to your pet), assists you to track and monitor the weight of your pets and allows you to diarise important tasks or reminders in relation to your pets (such as scheduling when a pet is required to mediation)(collectively, the Services).
2.2 The That Pet App is a resource and tool for users who are seeking assistance to maintain and enhance the health and wellbeing of their pets. Our role in providing you with access and use of the That Pet App and the Services should be construed strictly in this context only. We are not veterinarians or healthcare professionals, and we cannot provide you with medical, health or veterinary advice in relation to your pets.
2.3 By downloading, accessing and using the That Pet App, we grant you a non-exclusive, nontransferable, personal, revocable and non-sublicensable licence to download, install, access and use the That Pet App and the Services for the Subscription Term.
2.4 You must only use the That Pet App and Services for personal and non-commercial purposes. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. SUBSCRIPTION TERM
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3.1 This agreement will commence on the date you download and access the That Pet App (Commencement Date) and shall continue until terminated in accordance with clause 15 (Subscription Term), unless you terminate the agreement during the Trial Period in accordance with clause 3.2.
3.2 If you do not wish to continue to access and use the That Pet App and Services at the expiry of the Trial Period, you must terminate the agreement by selecting ‘Change Subscription Plan’ link in the Manage Subscription function of your My Account prior to the expiry of the Trial Period. You will be redirected to the ‘subscription’ page (either Apple Store or Google Play Store) on your mobile device and your subscription will only be terminated once you select ‘confirm cancellation’ on the subscription page of your mobile device. If you do not terminate the agreement prior to the expiry of the Trial Period, the agreement will automatically continue for the Subscription Term.
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4. REGISTRATION AND ACCESS
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4.1 To access and use the That Pet App and the Services, you must create and set up an account on the That Pet App (My Account). Your My Account will be operated by your email address (User Name) and password (Password). You can change your Password at any time by accessing the User Access Portal.
4.2 To setup a My Account on the That Pet App, you will be required to provide, and keep us up-to-date with, accurate registration information and Personal Information (including full name and email address). All Personal Information as well as the information you provide to setup your My Account is subject to our Privacy Policy.
4.3 You are responsible for:
(a) maintaining control over, and the confidentiality of, your My Account, User Name and Password;
(b) keeping your My Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the That Pet App or the Services;
(c) notifying us in writing of any unauthorised access to, or use of, your My Account, User Name or Password; and
(d) for all activities that occur using your My Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your My Account, User Name and Password.
5. YOUR OBLIGATION
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5.1 When accessing and using the That Pet App and the Services, you must at all times:
(a) provide us with the necessary information to allow for optimal functioning of the That Pet App and the Services (including providing the necessary data to record and track the weight of your pet);
(b) obtain and maintain all hardware, software and communications equipment necessary to download, access, and use, the That Pet App and the Services;
(c) comply with all Relevant Laws with respect to your obligations under this agreement; and
(d) comply with all of our directions, policies and guidelines advised in writing to you or as displayed on the That Pet App from time to time.
5.2 We will not be liable to you or anyone else if, for any reason, the That Pet App and the Services is unavailable at any time or for any period. From time to time, we may suspend or restrict access to all, or some parts of the That Pet App and the Services.
5.3 You must not:
(a) introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the That Pet App; (b) violate any That Pet IP or any third party service provider’s Intellectual Property Rights;
(c) copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the That Pet App, or any other third party software that you may access or use through the That Pet App, in any way;
(d) access all or any part of the That Pet App and/or the Services in order to build a product, service or code which competes or reproduces the That Pet App and/or the Services (in full or part);
(e) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the That Pet App in any way, or otherwise learn the source code or algorithms underlying the That Pet App;
(f) license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the That Pet App and the Services available to any third party; and
(g) use the That Pet App or the Services for any unlawful purpose or other purpose not authorised by us in writing.
6. USER CONTENT
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6.1 When you create your My Account and access the That Pet App and/or the Services, you will be required to provide User Content to us. You will retain ownership of your User Content and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content. To the maximum extent permitted by Relevant Laws, we do not warrant that any User Content displayed on the That Pet App by you (or any Content or Third Party Products or Services displayed or published on the That Pet App by a third party service provider) is accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any Content, User Content or Third Party Products or Services displayed on, or via, the That Pet App. You (and not us) are solely responsible for the completeness, accuracy, reliability, legality and quality of any User Content published by you (or anyone else on your behalf) on, or via, the That Pet App.
6.2 You grant us a worldwide, non-revocable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, the User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:
(a) enabling us to provide the That Pet App and the Services and otherwise perform our obligations and exercising our rights under this agreement;
(b) informing the user of other products or services that we may offer from time to time or in relation to Third Party Products and Services;
(c) complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;
(d) using usage patterns, trends, and other statistical or behavioural data derived from use of the That Pet App and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the That Pet App, or our other products and services; and
(e) sharing User Content with an Affiliate or other third party (with whom we may contract or be affiliated with from time to time) for the purposes of performing or improving the That Pet App and/or the Services. 6.3 We shall use reasonable endeavours to follow its archiving procedures for User Content in accordance with its standard back-up policy from time to time. In the event of any Loss of User Content, your sole and exclusive remedy shall be for us to use reasonable endeavours to restore the User Content, that is lost or damaged, from the latest back-up of User Content, maintained by us. We are not liable to you for any Loss, destruction, alteration, corruption or disclosure of User Content caused by us, your acts or omissions or the acts of omissions of other users of the That Pet App or any third party.
6.4 You agree to make your own enquiries to verify information displayed on, or via, the That Pet App (including Third Party Products and Services) and to assess the suitability of any information or Content before relying upon such information or Content. If you choose to rely upon any information or Content displayed or published on, or via, the That Pet App and/or the Services (including User Content and Third Party Products and Services) you do so at your own risk. We make no representations or warranties that use of the Content, User Content and Third Party Products and Services will not infringe any third party’s Intellectual Property Rights.
7. SUBSCRIPTION FEES AND PAYMENT
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7.1 We do not charge you a fee to download the That Pet App and Services. However, if you wish to access and use the That Pet App and Services, except for during the Trial Period, you must pay us the Subscription Fees and other amounts owing to us under this agreement during the Subscription Term. The Subscription Fees are payable in advance monthly in accordance with the Direct Debit Authority.
7.2 During the Trial Period, you will not be required to pay the Subscription Fees to access and use That Pet App and Services. The Trial Period may, at our sole discretion, be extended by applying a promotional code supplied to you by us. Promotional codes can be applied through the ‘subscription’ function in your My Account. Following the conclusion of the Trial Period, Subscription Fees will be payable.
7.3 All Subscription Fees are in Australian Dollars and are inclusive of any goods and services taxes. To the maximum extent permitted by Relevant Laws and except as otherwise contemplated in this agreement, the Subscription Fees and all other amounts owing to us under this agreement are non-refundable.
7.4 When setting up your My Account, you will be offered payment options to pay the Subscription Fees. We may, at our absolute discretion and without notice to you, change the payment methods that can be used to access and use the That Pet App and Services at any time.
7.5 Payment of the Subscription Fees and all other amounts owing to us under this agreement are made by means of direct debit in accordance with the Direct Debit Authority in clause 8. By making payment of the Subscription Fees or any other amount owing to us under the agreement, you will provide our Third Party Payment Processors with accurate and complete billing information, and you authorise us and/or our Third Party Payment Processors to access your billing information (including Personal Information) for the purpose of processing your payment.
7.6 We may increase our Subscription Fees for the provision of the That Pet App or charge additional fees to access new functions or features of the That Pet App at any time upon 30 days’ written notice to you. The fee increases will come into effect in the next billing cycle. If you do not agree to these fee increases, you may terminate this agreement by written notice to us at any time before the next billing cycle. If you continue to use That Pet App without purchasing the new functions or features, you will not be able to access the new functions and features of the That Pet App.
8. DIRECT DEBIT AUTHORITY
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8.1 By accepting this agreement, you authorise us to arrange for the Subscription Fees or any other amount owing to us under this agreement to be debited from your credit card or bank account (as applicable) as and when such fees are due and payable under this agreement (Direct Debit Authority).
8.2 You may cancel or change your Direct Debit Authority by accessing the subscription settings of your mobile device before the day on which your next debit is due. If you cancel or change your Direct Debit Authority, we may not be able to provide you with access to, and use of, the That App and Services, unless you provide us with new Direct Debit Authority.
8.3 It is your responsibility to ensure that there are sufficient funds available on your credit card or bank account (as applicable) to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:
(a) the transaction will be rejected and the payment will be treated as if it were never made;
(b) your financial institution may charge you a fee and/or interest; and
(c) you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that we can process the debit.
8.4 It is your responsibility to check your credit card or bank account statement (as applicable) to verify that the amounts debited from your credit card or bank account are correct.
8.5 If you believe that an error has been made in debiting your credit card or bank account (as applicable), you should update your credit card or bank account details by accessing the subscription settings on your mobile device as soon as possible.
8.6 If you cancel the Direct Debit Authority, your right to access and use the That Pet App and Services will cease at the end of the current billing cycle. If you wish to re-commence using the That Pet App you must create a new My Account and pay the Subscription Fees prevailing at the time you create your new My Account.
9. INTELLECTUAL PROPERTY
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9.1 You acknowledge that we, or our licensors, are the owners of the That Pet App (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the That Pet App and the Services (including any modifications, enhancements of the foregoing) (collectively, That Pet IP)). Accessing and using the That Pet App and the Services does not give you (or anyone else) ownership of, or any right, title or interest in the That Pet IP.
9.2 Ownership of any User Content will vest in the creator of that User Content, but excluding That Pet IP.
10. OUR OBLIGATIONS
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10.1 Subject to your compliance with the terms of this agreement, during the Subscription Term, we shall use reasonable endeavours to provide you with access to and use of the That Pet App and the Services.
10.2 The undertaking in clause 10.1 shall not apply in the event of:
(a) any non-conformance which is caused, or contributed, by use of the Services and the That Pet App contrary to our instructions or the terms of this agreement;
(b) modification or alteration of the Services and the That Pet App by any party other than us or our duly authorised Personnel;
(c) the unsuitability or malfunction of the computer hardware or computer software used by you in conjunction with which the That Pet App and the Services are used;
(d) Force Majeure Events; and
(e) the unsuitability or malfunction of the Services when used in conjunction with any software, apps, applications and tools supplied by a third party provider.
10.3 In the event that we fail to provide you with access and use of the That Pet App and the Services in accordance with clause 10.1, we shall use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.
11. THIRD PARTY PRODUCTS AND SERVICES
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11.1 You acknowledge that the That App and Services may require you to use or access Third Party Products and Services and that you do so solely at your own risk.
11.2 We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.
11.3 We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services.
11.4 We do not endorse, sponsor or approve any Third Party Products and Services used in conjunction with the That Pet App and Services. It is your sole responsibility to determine that specific products or services, meet your needs and are suitable for the purposes for which they are used.
11.5 Any rights you may have to access Third Party Products and Services shall be limited to:
(a) the extent of our ability to pass on such rights to you; or
(b) the relevant third party licensor terms.
12. NO WARRANTIES
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12.1 While the Content (including Third Party Products and Services) made available to you through the That Pet App and Services is designed to provide you with the resources and tools to maintain and enhance the health and wellbeing of your pets, you acknowledge and agree that:
(a) you are solely responsible for monitoring and maintaining the health and wellbeing of your pets and taking the necessary steps to achieve this; and
(b) we do not warrant, represent or guarantee that by using the That Pet App and Services you will materially improve the health and wellbeing of your pets.
12.2 We have no liability for any Loss incurred by you, whether financial, personal or otherwise, following your access and use of the That Pet App and Services or for any perceived failure by you, whether justified or otherwise, to achieve a material improvement in the health and wellbeing of your pets. When using the That Pet App and Services, you should carefully follow any user guidelines within the That Pet App. Reliance on, and use of, the Content and Third Party Products and Services is at your own risk.
12.3 To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the That Pet App and the Services.
12.4 Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other international, national, State or Territory legislation where to do so is unlawful.
12.5 You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency, validity or security of the That Pet App and the Services (or any Content, User Content and Third Party Products and Services generated or made available through the That Pet App and Services) and we will not be liable if the That Pet App or the Services, or becomes unavailable for any reason, including directly, or indirectly as a result of:
(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) negligent, malicious, willful acts or omissions of third parties (including third party service providers) or other users;
(c) maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of the Services or the That Pet App;
(d) services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
(e) a Force Majeure Event.
12.6 You acknowledge that, to the maximum extent permitted by Relevant Laws, we do not make any warranty or representation that:
(a) your access to, and use of, the That Pet App and the Services will be uninterrupted, virusfree or error-free; and/or (b) the That Pet App and the Services (or any Content, User Content and/or Third Party Products and Services), will be accurate, complete, reliable, current or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis.
12.7 You acknowledge that your access to, and use of, the That Pet App and Services (including Content, Third Party Products and Services) may be interrupted or unavailable during scheduled or unscheduled maintenance.
13. LIMITATION OF LIABILITY
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13.1 To the maximum extent permitted by Relevant Laws, we will not be liable to you or any third party for:
(a) any Claims or Losses (including Consequential Loss); or
(b) loss of, or damage to, any property or any personal injury, illness or death to you, any third person or your pets,
arising out of, relating or connected to, the provision or use of the That Pet App and Services (including Content, User Content and/or Third Party Products and Services generated or made available through the That Pet App or the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
13.2 All risk in using the That Pet App and the Services passes to you upon creating a My Account, or otherwise using the That Pet App and the Services (whichever is earlier). We assume no responsibility and we have no liability to you or anyone else for any use of, or reliance on, any Content, User Content and/or Third Party Products and Services obtained or generated from your access to, and use of, the That Pet App and the Services.
13.3 To the maximum extent permitted by Relevant Laws, under no circumstances will our aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the amount you paid to us under this agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.
13.4 You agree to defend, indemnify and hold us, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
(a) your access to, and use of, or reliance on the That Pet App or the Services (including the User Content and Third Party Products and Services);
(b) any breach of our or any third party’s Intellectual Property Rights or other rights caused by you; or
(c) any breach by you of this agreement.
14. PRIVACY
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All Personal Information you provide to open a My Account and any User Content you upload, generate, share, or publish on, or via, the That Pet App, is subject to our Privacy Policy, which is incorporated into this agreement. We will not share, sell or disclose your User Content to any third party. You warrant that, in relation to any Personal Information comprising User Content or any other information disclosed to us on, or via, the That Pet App:
(a) it has been collected in accordance with Privacy Laws;
(b) you have the authority to upload, post, store, publish or otherwise transmit such information on, or via, the That Pet App; and
(c) you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for us to use, disclose, store, transfer, process or handle it.
15. TERMINATION
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15.1 During the Subscription Term you may terminate this agreement at any time by selecting Change Subscription Plan’ link in the Manage Subscription function in your My Account. You will be redirected to the ‘subscription’ page (either Apple Store or Google Play Store) on your mobile device and your subscription will only be terminated once you select ‘confirm cancellation’ on the subscription page of your mobile device. In this case, you will not be entitled to a pro rata refund of the Subscription Fees for the unused portion of the Subscription Term.
15.2 We may terminate the agreement any time (without liability to you except that we will provide you with a pro rata refund of the Subscription Fees for the unused portion of the Subscription Term) by giving you 14 days’ written notice.
15.3 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
(a) your My Account and/or the User Access Portal; and/or
(b) the That Pet App and/or Services;
(c) any social media pages linked to its business or the That Pet App; or
(d) any other products and services offered on, or via the That Pet App (including Third Party Products and Services).
15.4 Cause for such suspension or termination under clause 15.3 may include, but are not limited to:
(a) any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;
(b) serious or repeated breaches or violations of our or a third party service providers’ Intellectual Property Rights;
(c) your failure to pay the Subscription Fees to access and use the That Pet App and Services (except during the Trial Period);
(d) your activities, conduct or transactions on, or, via, the That Pet App, brings, or has the capacity to bring, us into disrepute;
(e) requests by law enforcement or other government agencies.
15.5 If we terminates the agreement in accordance with clauses 15.3 or 15.4, you acknowledge and agree that you are not entitled to pro rata refund of the Subscription Fees for the unused portion of the Subscription Term. 15.6 You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.
16. EFFECT OF TERMINATION
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16.1 On termination of this agreement for any reason:
(a) we will disable or lock your My Account and your User Content will no longer be accessible by you through the That Pet App. All User Content will be permanently and securely destroyed; however, we will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws;
(b) all licences to use the Services and rights of access to the That Pet App granted under this agreement will immediately terminate; and
(c) you should delete the That Pet app from your mobile device.
17. FORCE MAJEURE
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We will not be responsible to you (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).
18. DISPUTE RESOLUTION
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18.1 Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.
18.2 The parties must in good faith attempt to resolve any dispute between them.
18.3 If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.
18.4 Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.
19. UPDATES AND VARIATIONS
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19.1 Without notice to you, we may, at our absolute discretion, from time to time:
(a) change, add or delete the functions, features, performance, or other characteristics of the That Pet App; or (b) apply or install updates to, or new versions of, the That Pet App.
19.2 You acknowledge that the Content and/or User Content on the That Pet App are subject to change at any time and may be out of date at any given time. We are under no obligation to:
(a) update, correct or fix any Content and/or User Content or errors in the That Pet App. However, we may, at our absolute discretion, provide you with standard user support services and we shall use reasonable endeavours to respond to any support services requests within 48 hours; and/or
(b) notify you of any changes to the Content, User Content or the That Pet App unless required by a Relevant Law to do so.
19.3 Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the That pet App. Any changes are effective immediately upon posting to the That Pet App. Your continued use of That Pet App thereafter constitutes your acceptance of all such changes to the agreement.
19.4 Please read this agreement before using the That Pet App as the agreement may have changed since the last time you accessed and used the That Pet App. If you do not agree to any change, then you must immediately stop using the That Pet App and the Services.
20. SEVERABILITY
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If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.
21. RELATIONSHIP
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No agency, principal-agent, partnership, joint venture, employee-employer or franchisor franchisee relationship is intended or created between you and us by this agreement.
22. ASSIGNMENT
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Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign or transfer all or any of its rights or obligations under this agreement, except that we may assign, sell or transfer our rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of our business.
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23. ENTIRE AGREEMENT
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This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).
24. JURISDICTION AND APPLICABLE LAW
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The laws of the State of Victoria, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia. 25. DEFINITIONS
In this agreement, the following words shall have the following meanings:
(a) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
(b) Business Days means each day excluding Saturdays, Sundays and public holidays in Victoria.
(c) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
(d) Commencement Date has the meaning in clause 3.1.
(e) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the That Pet App.
(f) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the agreement:
(i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;
(ii) loss of revenue, profit, income, bargain, opportunity (including professional and career opportunities), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data;
(iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
(iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
(g) Force Majeure Event has the meaning in clause 17.
(h) Insolvency Event means the bankruptcy, liquidation or winding up, the appointment of a controller, administrator, receiver, manager, trustee in bankruptcy or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to the above events.
(i) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world. (j) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
(k) our, us or we has the meaning in clause 1.1, and where the context permits, includes its Personnel and Affiliates
(l) My Account has the meaning in clause 4.1.
(m) Password has the meaning given to it by clause 4.1.
(n) Personnel means any director, officer, employee, contractor or agents, of a party (in your case, includes any person acting for or on your behalf)
(o) Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(p) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
(q) Privacy Policy means our privacy policy available on the That App or Website or such other web address notified by us to you from time to time), which is incorporated into this agreement.
(r) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.
(s) Services has the meaning in clause 2.1.
(t) Subscription Fees means the fees payable by you to us to access and use the That Pet App and Services (including Third Party Products and Services) for the Subscription Term as further described on the That Pet App.
(a) Subscription Term has the meaning in clause 3.1.
(u) That Pet App means the mobile software application owned, operated and used by us to provide you with Services, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on, or via, the That Pet App.
(v) That Pet IP has the meaning given to it by clause 9.1.
(b) Trial Period means one calendar month from the date you register and setup your My Account (unless extended using a Promotional Code).
(w) Third Party Products and Services means any software, products, services or content (including all Intellectual Property Rights contained therein) that:
(i) are provided by third party providers;
(ii) interoperate with the That Pet App or Services; or
(iii) may be identified as third party products or services. (x) Third Party Payment Processor means Apple Pay, Google Pay and any other a third party payment processor permitted by us from time to time.
(y) User Access Portal means the portal provided to you to access and use the That Pet App and the Services.
(z) User Content means all data, information, content, materials and documentation (including Personal Information and Non-Personal Information):
(i) uploaded to, or stored on, the That Pet App by you;
(ii) transmitted by the That Pet App at your instigation;
(iii) supplied by you to us when uploading to, transmitting on, or storing on, the That Pet App; or
(iv) generated by the That Pet App as a result of the use of the Services by you, but excluding That Pet IP.
(aa) User Name has the meaning in clause 4.1.
(bb) Website means the website located at www.thatpetapp.com and any other website notified by us from time to time.
(cc) you or your has the meaning in clause 1.3.
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Yes, I have read, understood and accept this agreement.