General Agreement between PetSites and Customer

PetSites operates this website and its Customers PetSites websites (www.petsites.com.au), “Site”, to provide online access to information, images, photographs, products and services we provide (“Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions are also set out in the Privacy, Legal and Refunds areas of the Site and, together with these Terms of Use, govern your use of the Site, content or transactions. These Terms of Use, together with applicable additional terms and conditions are referred to as this “Agreement.”

PetSites reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. You should regularly re visit and read this Agreement to ensure you remain aware of the most up to date version.

1. You may use the Service, the Site and the information, writings, tutorials, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about PetSites products and services. No right, title or interest in any Content that is or was not originally owned by you is transferred to you, whether as a result of uploading or downloading such Content or otherwise. As a customer uploading content to a Pet Sites website, by doing so you agree that Pet Sites reserves the right to complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. The Site and the Content are protected by Australian and/or foreign copyright laws and belong to Pet Sites or its partners, affiliates, customers, contributors or third parties. The copyrights in the Content are owned by PetSites or other copyright owners who, by uploading Content to the Site, thereby authorize its use on the Site under this Agreement. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site without specific permission from Pet Sites or the copyright owner.

3. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. PetSites does not allow any of the following content to be stored on its Servers:
Illegal Material - this includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - this includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of PetSites.
Warez - this includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information about such material.
Hate Sites - this includes defamatory or discriminatory sites.
Spamming - no "unsolicited e-mail" or 'SPAM' may be sent from any Pet Sites server; i.e., any electronic mail sent to a given list of addresses for which the owner(s) have not given permission, express or otherwise, for the Customer's use in mass communication.

5. PetSites reserves the right to remove a customers PetSites website and/or suspend or cancel a customer's access to the customers PetSites website and any or all services and products provided by us when we decide that:-
- the account has been inappropriately used;
- PetSites remains unpaid for services or products provided.

6. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by PetSites of the third party, the third-party web site, or the information contained therein. PetSites is not responsible for the availability of any such web sites. PetSites is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of PetSites affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

7. PetSites uses reasonable endeavors to ensure that the Site is available 24 hours a day 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of PetSites. All reasonable steps will be taken by PetSites to minimize such disruption where it is within the reasonable control of Pet Sites. You agree that PetSites shall not be liable to you for any interruption or discontinuance of the Site.

8. All of the photographs featured on the Site were created by PetSites, customers and other third parties and have been provided and uploaded under this Agreement. The copyrights in the photographs and Content featured on the Site are owned by PetSites, customers and other third parties.

9. PetSites has a limited refund policy which is set out in the Refunds area of the Site. This is the only policy in relation to refunds.

10. Payment for a PetSites website will only be accepted by credit card via our secure payment gateway area on the Site. We charge for a Customers PetSites website in advance. This applies to both monthly and annual subscriptions. Customers choosing to pay on a monthly basis must agree to PetSites automatically processing each months subscription fee in advance against the Customers credit card details supplied, for the total duration that the Customer uses the Site. Customers who have paid an annual subscription fee will be emailed by PetSites prior to or on expiration of the term requesting payment to renew their subscription. Customers can cancel their subscription at anytime by notifying PetSites by email. No refund of payments processed and received by PetSites under this Agreement will be made to any Customer canceling their subscription other than in the circumstances set out in our refund policy appearing on the Site.

11. After a customer signs up and pays for their own PetSite website via the Internet, PetSites will facilitate the setting up of the customers Pet Sites website. This will include allocating the customer a unique PetSites website name/address and uploading to PetSites server a template of the working website which the customer has paid for. Customers can then upload Content to their PetSites website in accordance with and subject to this Agreement. PetSites will provide a Tax Invoice to the Customer in respect to transactions involving services or products delivered to Customers located in Australia.

12. PetSites will not be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the Site, the Service, or the Content, (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the Content, (iv) unauthorized access to or alteration of the Site or Contents, or (v) any other matter relating to the Site, the Service, or the Content, even if PetSites has been advised of the possibility of such damages. If you are dissatisfied with the Site, the Service, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the Site.

13. A “Chargeback” may occur when a customer who purchased a Pet Sites website from the Site notifies their credit card company that they would like the charge reversed. Chargeback’s are usually the result of delayed product fulfillment or delivery time. In the event of a Chargeback occurring, PetSites will not be responsible for any Chargeback fees imposed by credit card companies. PetSites will not be liable for any increased merchant processing rates resulting from Chargeback’s.

14. General Provisions

(i) Entire Agreement/No Waiver. These Terms of Use constitute the entire Agreement of PetSites and the customer with respect to the subject matter hereof. No waiver by PetSites of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(ii) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. PetSites therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. PetSites does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

(iii) Enforcement/ Applicable Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other Pet Site website, the Service, or the Content are governed by, and will be interpreted in accordance with the laws of Queensland, the Commonwealth of Australia, without regard to any conflict of laws provisions.