‘Pet Health Expert’ Terms and Conditions Agreement - nuzzl
1. About the Website
1.1. Welcome to nuzzl.co (the 'Website'). The Website allows ‘Pet Health Experts’ to provide ‘Pet Health Support’ to consumers.
1.2. The Website is operated by NUZZL CO PTY LTD (ABN 14 635 383 738). Access to and use of the Website, or any of its associated products or Support, is provided by NUZZL CO PTY LTD. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Support, immediately.
1.3. NUZZL CO PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When NUZZL CO PTY LTD updates the Terms, it will use reasonable measures to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website and by providing Pet Health Support through the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by NUZZL CO PTY LTD in the user interface.
3. Definitions of ‘Pet Health Expert’, ‘Pet Health Support’ and other
3.1. ‘Pet Health Support’ (the ‘Support’) refers to any non-prescriptive support provided to consumers as guidance on care and maintenance of a pet. The Support is not intended to be medically prescriptive or to entail Support advice in accordance with recognised veterinary standards or practice.
3.2. ‘Pet Health Experts’ (the ‘Expert’) are individuals who provide Pet Health Support through The Website to consumers.
3.3. ‘GST’ means a goods and services tax, or a similar value added tax levied or imposed under the GST Law. ‘GST Law’ has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4. Code of Conduct Regarding ‘Pet Health Experts’
4.1. ‘Pet Health Experts’ must provide support and guidance that they deem to be reasonable considering the circumstances of the consumer and pets.
4.2. The ‘Pet Health Expert’ is limited in knowledge to the information provided to the Expert by the consumer. ‘Pet Health Experts’ are expected to have professional qualifications within their field of ‘Pet Health Support’. Qualifications can include but are not limited to:
- Diplomas and Vocational Training
- Tertiary Academic Qualifications
- Industry Qualifications, Certificates & Registrations
However, it is important to note that the guidance provided by the Expert should not be comparable to veterinary advice.
4.3. ‘Pet Health Experts’ must appreciate the limitations of technology-based Interactions.
4.4. ‘Pet Health Experts’ providing technology-based Interactions with consumers must take reasonable precautions to protect consumer privacy and right to confidentiality.
4.5. Before providing a technology-based Interaction with the consumer service the Expert must communicate the potential limitations of a technology-based consultation.
5. Technology-Based Support Interactions
5.1. Technology-based Support Interactions (the ‘Interactions’) are Interactions that use any form of technology, including, but not restricted to videoconferencing, internet, and telephone to provide ‘Pet Health Support’ to consumers.
5.2. Before agreeing to perform a Technology-based Support Interaction you must be satisfied that this form of consultation is appropriate in the circumstances and does not in any way compromise the safety or welfare of the animal.
6. Registration to perform the Support
6.1. In order to perform the Support, you may be required to register for an account through the Website (the 'Account') which will allow you to become an Expert
6.2. As part of the registration process, or as part of your continued performance of the Support, you may be required to provide personal information about yourself (such as identification or contact details), including:
- email address;
- postal address;
- telephone numbers;
- option on receiving updates, promotional material, and other information; and
- evidence of a recognised qualification (e.g. certificate or academic degree).
6.3. You warrant that any information you give to NUZZL CO PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.
6.4. Once you have completed the registration process, you will be a registered ‘Pet Health Expert’ of the Website and agree to be bound by the Terms.
6.5. You may provide Support and may not accept the Terms if:
- you are not of legal age to form a binding contract with NUZZL CO PTY LTD; or
- you suffer from mental impairment which renders you unable to understand the Terms at the time of using the Website.
7. Your obligations as a ‘Pet Health Expert’
7.1. Experts are not employees of NUZZL CO PTY LTD. The relationship between Nuzzl and Experts is an independent contractor relationship and nothing in this Agreement creates an employment relationship between NUZZL CO PTY LTD and the Expert.
7.2. Once an Account is registered by the Expert and approved by NUZZL CO PTY LTD Experts are able to perform the Interactions on the Website. As an Expert you are fully empowered to do the following:
- Reject work that is given to you through the Website
- Control the hours that you work through the Website
- Continue employment for other employers
7.3. As an Expert, you agree to comply with the following:
(a) you will provide Support only in manners that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Support;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify NUZZL CO PTY LTD of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) delegation and subcontracting is strictly prohibited unless approved by the management of NUZZL CO PTY LTD.
(e) access and use of the Website is not limited, you may use the Website in connection with other commercial endeavours endorsed or approved by the management of NUZZL CO PTY LTD;
(f) you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Experts by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your Account. Appropriate legal action will be taken by NUZZL CO PTY LTD for any illegal or unauthorised use of the Website; and
(h) you must use your own equipment and tools in undertaking any interactions (e.g. Laptop, webcam, software, mobile phone, etc.);
(i) you must operate on the Website with a registered ABN;
(j) you are in charge of your own GST, tax liabilities and superannuation and NUZZL CO PTY LTD will make no deductions or payments on behalf of the Expert with respect to any tax liabilities, GST or superannuation (unless the Company determines that it is so required by law); and
(k) you are in charge of purchasing your own professional indemnity and other insurance cover.
8. Payment to Experts
8.1. Experts will be paid for their interactions on a per task basis; they will not be paid for their time.
9. Copyright and Intellectual Property
9.1. The Website, the Support and all of the related products of NUZZL CO PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Support and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Support are owned or controlled for these purposes, and are reserved by NUZZL CO PTY LTD or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by NUZZL CO PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are an Expert to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
9.3. NUZZL CO PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Support. All other rights are expressly reserved by NUZZL CO PTY LTD.
9.4. NUZZL CO PTY LTD retains all rights, title and interest in and to the Website and all related Support. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
9.5. You may not, without the prior written permission of NUZZL CO PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Support or third party Support for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
10.2. Our ‘Pet Health Experts’ are bound by a contractual obligation with NUZZL CO PTY LTD to keep your personal information safe, secure and confidential.
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- NUZZL CO PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Support or these Terms (including as a result of not being able to use the Support or the late supply of the Support), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of NUZZL CO PTY LTD make any express or implied representation or warranty about the Support or Website (including the products of NUZZL CO PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Support, or any of its Support related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Support or any of the products of NUZZL CO PTY LTD; and
- the Support or operation in respect to links which are provided for your convenience
12. Limitation of liability
12.1. NUZZL CO PTY LTD’s total liability arising out of or in connection with the Support or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Support to you.
12.2. You expressly understand and agree that NUZZL CO PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. You agree that NUZZL CO PTY LTD will not be liable for any information and Support provided via the Website or as a result of an enquiry submitted via the Website.
13. Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or by NUZZL CO PTY LTD as set out below.
13.2. If you want to terminate the Terms, you may do so by:
- (a) providing NUZZL CO PTY LTD with 5 days’ notice of your intention to terminate; and
- closing your accounts for all of the Support which you use, where NUZZL CO PTY LTD has made this option available to you. Your notice should be sent, in writing, to NUZZL CO PTY LTD via the ‘Contact Us’ link on our homepage.
13.3. NUZZL CO PTY LTD may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- NUZZL CO PTY LTD is required to do so by law;
- the provision of the Support to you by NUZZL CO PTY LTD is, in the opinion of NUZZL CO PTY LTD, no longer commercially viable.
13.4. Subject to local applicable laws, NUZZL CO PTY LTD reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Support without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts NUZZL CO PTY LTD’s name or reputation or violates the rights of those of another party.
14.1. You agree to indemnify NUZZL CO PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so;
- any breach of the Terms; and/or
- any allegation that the Expert is an employee of NUZZL CO PTY LTD at law and/or any claim for any benefit, payment or entitlement payable to employees
15. Venue and Jurisdiction
The Support offered by NUZZL CO PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
17.1. It is recommended that you seek your own legal advice regarding these Terms.
17.2. You acknowledge that you are aware of your rights to obtain independent legal advice, and regardless of whether you have exercised this right, you confirm and declare that you understand these Terms, agree that the provisions of the Terms are fair and reasonable, and that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.