Terms and Conditions Agreement - Nuzzl
1. About the Website
1.1. Welcome to Nuzzl.co (the 'Website'). The Website provides “Pet Health Support” (the ‘Support’).
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 of 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. 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. “Pet Health Support” Definition and Scope
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 through the Website. The Support is not intended to be medically prescriptive or to entail support in accordance with recognised pet health standards or practice. Information presented on or provided through our Website is of a general nature and not intended to be a substitute for professional pet healthcare guidance.
3.2 “Pet Health Experts” (the ‘Expert’) are individuals who provide pet health support through The Website to consumers. The Experts are independent contractors and not employees of NUZZL CO PTY LTD.
3.3. Documents and graphics published on our Website may include inaccuracies or typographical errors.
3.4. You accept that recommendations as to diagnosis, treatment, and best standards of practice are constantly evolving in the pet health industry, and that opinions between professionals may differ from one another.
3.5. You accept that NUZZL CO PTY LTD cannot be held liable for any damage or loss arising from your reliance on guidance derived by use of our Website in such circumstances.
3.6. You hereby acknowledge and accept the limitations and risks of providing information relating to a pet that has not had a physical examination.
3.7. The Support is not an emergency service, it is to be used for general guidance only and is not intended to replace a physical (hands-on) examination by a Veterinarian. If you are in need of emergency assistance, you should take your pet to the nearest emergency veterinary practice. Such emergency conditions that need immediate hands on care and are not suitable for online guidance include but are not limited to:
- Loss of consciousness
- Difficulty breathing
- Trauma or injury such as from a hit by car, fall from a height etc
- Allergic reaction
- Unable to pass urine
- Snake bite
3.8. You agree that no Veterinarian-Client-Patient-Relationship ("VCPR") is established in connection with the Website.
3.9. You should never disregard medical guidance received from your primary Veterinarian(s) because of information provided to you by our Support.
4. Registration to use the Support
4.1. In order to access the Support, you may be required to register for an account through the Website (the 'Account').
4.2. As part of the registration process, or as part of your continued use 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; and
- option on receiving updates, promotional material, and other information.
4.3. 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.
4.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
4.5. You may not use the Support and may not accept the Terms if:(a) you are not of legal age to form a binding contract with NUZZL CO PTY LTD; or
(b) you suffer from mental impairment which renders you unable to understand the Terms at the time of using the Website; or
(c) you are a person barred from receiving the Support under the laws of Australia or other countries including the country in which you are resident or from which you use the Support.
5. Your obligations as a Member
5.1. As a Member, you agree to comply with the following:(a) you will use the Support only for purposes that are permitted by:
(i) the Terms; and
(ii) 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) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of NUZZL CO PTY LTD providing the Support;
(e) you will not use the Support or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of NUZZL CO PTY LTD;
(f) you will not use the Support or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members 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 the Support. Appropriate legal action will be taken by NUZZL CO PTY LTD for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Support is prohibited.
6.1. Where the option is given to you, you may make payment for the Support (the 'Support Fee') by way of:(a) Credit Card Payment ('Credit Card').
6.2. All payments made in the course of your use of the Support are made using Stripe ('Stripe'). In using the Website, the Support or when making any payment in relation to your use of the Support, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
6.3. You acknowledge and agree that where a request for the payment of the Support Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Support Fee.
6.4. You agree and acknowledge that NUZZL CO PTY LTD can vary the Support Fee at any time.
7. Refund Policy
7.1. NUZZL CO PTY LTD will only provide you with a refund of the Support Fee in the event they are unable to provide the Service due to a technical issue caused by NUZZL CO PTY LTD or if the manager of NUZZL CO PTY LTD makes a decision, at their absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
7.2. If you believe you are entitled to a refund, email us at email@example.com as soon as possible.
8. Copyright and Intellectual Property
8.1. 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.
8.2. 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 a Member to:(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. 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.
8.3. 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:(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) 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.
8.4. 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.
9.2. ‘Pet Health Experts’ are bound by a contractual obligation with NUZZL CO PTY LTD to keep your personal information safe, secure and confidential.
10. General Disclaimer
10.1. 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.
10.2. Subject to this clause, and to the extent permitted by law:(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) 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.
10.3. Use of the Website and the Support is at your own risk. Everything on the Website and the Support 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 any products or Support (including the products or Support 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:(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Support or any of the products of NUZZL CO PTY LTD; and
(d) the Support or operation in respect to links which are provided for your convenience.
10.4. In relation to the use of the words “on demand”, NUZZL CO PTY LTD makes no guarantee or representation that Support are provided immediately upon request or within any determined time frame. Time frames for access to our Support are subject to availability and may be displayed on the Website from time to time.
10.5. The availability of the Service is dependent on the availability of a “Pet Health Expert” at the time you submit your Request. If no “Pet Health Expert” is available at that time, we will do what we can to get the next available “Pet Health Expert” to contact you as soon as possible using the details you provide, to try to provide a consultation.
10.6. NUZZL CO PTY LTD reserves the right to record video consultations for quality and educational purposes.
11. Limitation of liability
11.1. 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.
11.2. 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.
11.3. 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.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by NUZZL CO PTY LTD as set out below.
12.2. 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
(b) 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.
12.3. NUZZL CO PTY LTD may at any time, terminate the Terms with you if:(a) you have breached any provision of the Terms or intend to breach any provision;
(b) NUZZL CO PTY LTD is required to do so by law;
(c) 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.
12.4. Subject to local applicable laws, NUZZL CO PTY LTD reserves the right to discontinue or cancel your membership 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.
13.1. You agree to indemnify NUZZL CO PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
14.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Mediation Australia or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
14.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
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, proceeding 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 Guidance
17.1. It is recommended that you seek your own legal guidance regarding these Terms.
17.2. You acknowledge that you are aware of your rights to obtain independent legal guidance, 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.