Mobile App Terms & Conditions

Application Terms of Use – Dog Cloud Beds

This application and its related services, products, websites, and tools (Application) is owned and operated by Dog Cloud Pty Ltd ACN 639 377 076 (Dog Cloud). By accessing and using the Application you agree to the following terms. We may update these terms from time to time at our discretion without notice to you. The updated terms come into effect upon publishing. Accordingly, each time you use our Application you should revisit these Terms of Use.

1.   DEFINITIONS & INTERPRETATION

    1. 1 Definitions

In these Terms of Use unless inconsistent with the context or subject matter the following terms have the corresponding meanings:

  1. Account: a User’s online account to use our Application;
  2. ACL: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));
  3. Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located or which in any way govern or affect the use of the Application;
  4. Content: includes written and visual content used in connection with the Services and on the Application including any material, text, pictures, sound, image, artwork, computer code, graphics, video and other data;
  5. Ecommerce Terms: the Ecommerce Terms and Conditions published on our Website.
  6. Guaranteed Relief Period: has the meaning provided for that term in the Ecommerce Terms.
  7. Intellectual Property Rights: all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with the Application and Software;
  8. our, us and we: Dog Cloud and its related entities and related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and its officers, personnel, subsidiaries and affiliates;
  9. Personal Information: has the same meaning appearing in section 6 of the Privacy Act 1988 (Cth);
  10. Privacy Policy: our privacy policy accessible on the Application;
  11. Products: those products offered for sale by us from time to time on dogcloudbeds.com;
  12. Services: any services and products we provide to you, including but not limited to the provision of the Application and related functions and services;
  13. Software: the software owned or licensed to us which forms part of the Application and includes any software which is required by, relevant to, or used in conjunction with the Application including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
  14. User: any person who uses the Application;
  15. User Content: any content uploaded by the User to the Application;
  16. you and your: a User of the Application.

2. USING THE APPLICATION

2.1 The Application is a tool that interacts with certain Products and enables the User to control our Products (including therapy modes, timing and scheduling), as well to monitor usage statistics.

2.2 The Application is protected under a patent, based on the Application being used in conjunction with our dog cloud bed Product.

2.3 Your use of this Application is by personal, non-exclusive licence granted by us strictly in accordance with these Terms of Use to access and use the Application as contemplated by these Terms of Use.

2.4 The Application is available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, you must not use the Application.

3. SYSTEM INTEGRY & USER CONDUCT 

3.1 You must not use the Application to: 

(a)  input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive; 

(b) input, upload, post, disclose or transmit any material which is subject to our Intellectual Property Rights or any third party or breaches any duty of confidence or contractual obligation owed to us or any third party; 

(c)   input, upload, post, disclose or transmit any material that is unlawful or violates any law;

(d)  send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) to any person or company; 

(e)   download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Application;

(f)   upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Application or another’s computer or property of another; 

(g)   sub-license, rent, lease, transfer or attempt to assign the rights in the Application or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;

(h)   falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Application; 

(i)   interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application; 

(j)   attempt to gain unauthorised access to the Application or computer systems or networks connected to the Application through any means; 

(k)   commit forgery (or attempted forgery), harass any individual, or harm minors in any way; 

(l)   collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or

(m)   breach the Privacy Act 1988 (Cth) as amended, or the Australian Privacy Principles;

(n)   contravene or breach any applicable state, Commonwealth or international law, convention or regulation.

3.2   You acknowledge and agree that you must not:

(a)   use the Application for any purpose other than the purpose for which it was designed and intended;

(b)   commit or permit any act which may interfere with the use of the Application by any other user;

(c)   tamper with, hinder the operation of or make unauthorised modifications to the Application or any part thereof;

(d)   damage or modify the Software or the Application or any part thereof;

(e)   reverse engineer, decompile or disassemble the Software or the Application or any part thereof;

(f)   copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Application or any part thereof; or

(g)   modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Application or any part thereof in any way.

4. YOUR ACCOUNT

4.1   To access and use the Application, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.

4.2.  If we enable you to connect to the Application with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way. 

4.3.  When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Services in our absolute discretion.

5.   NO MEDICAL OR VETERINARY ADVICE

5.1.  The Content on the Application (as well as any linked or referred to materials or websites)  is not and should not be construed as medical, veterinary or other advice. The Content is provided as a convenience to you and is to be taken as educational content or general information only. 

5.2.  This Application is not intended to establish a relationship between us and you, nor is it intended to replace the services of a professional medical adviser or veterinary doctor. The Application should not be relied on as a substitute for any professional advice. 

5.3.  You should not rely on any information contained in the Application or linked or referred to materials or websites in making any decisions of any kind.  

6. LINKS TO OTHER WEBSITES

6.1   The Application may contain links to other third party websites. These links are provided solely as a convenience and not as a guarantee or recommendation by us for the services, information, opinion or any other content on such third party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. If you decide to access a linked website, you do so at your own risk.

7. ACCESS AND TERMINATION

7.1   We reserve the right, at any time and without prior notice, to remove or disable your access to the Application or any part of it, including your Account, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Application. 

7.2   These Terms of Use will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Application at any time. You do not need to inform us if you choose to discontinue use of the Application.

7.3   We may also terminate our agreement with you or case providing all or any part of the Application immediately without notice to you if:

(a)   you breach any of the Terms of Use or act in a manner that demonstrates you are unable to or do not intend to comply with them, in our opinion;

(b)   where we are required to by law, for example due to a change in law governing the Application;

(c)   the Application relies on data or services provided by a third party partner and the relationship with such partner has expired, been terminated or altered in a manner which we consider to be adverse;

(d)   provision of the Application is no longer commercially reasonable to us.

8.   INTELLECTUAL PROPERTY RIGHTS 

8.1   The Content, the Software and the Application are protected by Intellectual Property Rights. You acknowledge that we are the owner of these rights, with our affiliates or other third party licensors.

8.2   You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software or the Application is transferred or granted to you, other than the rights granted expressly by these Terms of Use.

8.3   You agree that:

(a)   any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software or the Application will be our sole and exclusive property;

(b)   you will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us;

(c)   when you provide us with User Content you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive, sub-licensable licence to use, reproduce, modify, adapt and communicate it in connection with the Application and our business in any manner including via marketing and social media. “User Content” includes without limitation any data in respect of your use of the Application, dog profile information, dog image, dog name, dog condition and results, reviews and testimonials; 

(d)   you warrant that any User Content you provide us with will not infringe any intellectual property rights or other rights of any third party nor give rise to any liability; and

(e)   we are not liable or responsible for any loss that you may experience in submitting User Content to us or for our use of your User Content in accordance with the licence granted.

8.4   Dog Cloud may in its sole and absolute discretion refuse or remove any Content from the Application.

9.   GUARANTEED RELIEF PERIOD

9.1   We provide a money back guarantee as set out in our Ecommerce Terms (see the section in respect of the Guaranteed Relief Period). In order to claim a refund in accordance with those terms, you will need to register with the Application and complete any information required in respect of your Product/warranty (in addition to complying with those other terms set out in the Ecommerce Terms). 

10.   DISCLAIMER

10.1   You acknowledge and agree that your use of this Application is at your own risk. We provide our Services on an “as-is” basis and whilst every effort is taken to ensure the Application is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the Application for any purpose. To the maximum extent permitted by applicable law, anything contained in this Application is without warranty of any kind and we expressly exclude such warranties.

10.2   Without limiting any other clause in these Terms of Use, the information provided in the Application, is provided as an estimate and guideline for your convenience only, and Dog Cloud does not warrant the currency, accuracy, adequacy, or completeness of such information. Dog Cloud expressly disclaims liability and does not accept responsibility for errors or omissions in this information and any Loss suffered by you as a result of or in any way connected with your use of the Application or your use of or reliance on information contained or accessed through the Application. 

10.3   We do not promise that the Application will be error-free or uninterrupted, or that your use of the Application will provide any specific results. We do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not. You assume total responsibility for your use of the Application. We cannot ensure that any files or other data you download from the Application will be free of viruses or contamination or destructive features. We do not warrant that this Application is free from anything that may damage any computer or other device which accesses the Application or any data on such computer or other device.

10.4   This disclaimer applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Use or your use of the Services.

11.   LIMITATION OF LIABILITY

11.1.  In no event shall we or our officers, directors, employees, agents, contractors or other personnel be liable for any direct or indirect loss, damage, cost or expense of any kind suffered by you or any other person arising in connection with your use of, or reliance upon, or the availability of the Content, the Application or our Services. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.

11.2.  You expressly understand and agree that we will not be liable to you for:

(a)   any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, howsoever caused and under any theory of liability including but not limited to loss of profit, loss of goodwill or business reputation, loss of data, costs of procurement of substitute goods or services, or other intangible losses;

(b)   any reliance placed by you on the completeness, accuracy or existence of any Content, including but not limited to advertising or as a result of any relationship or transaction between you and any third party who is in any way associated or appears on the Application or on the Services;

(c)   any changes that we make to the Services or any permanent or temporary cessation of the provision of the Services or any features thereof;

(d)   the deletion of, corruption of, or failure to store any Content and other communications or data maintained or transmitted by or through your use of the Application or the Services

(e)   your failure to provide us with accurate account information or your failure to maintain your account or secure your account details including but not limited to your password;

(f)   and you agree that this is a proper allocation of risk in the circumstances and will apply whether you have advised us or we should have been aware of the possibility of any such loss or damages.

11.3   This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Use or your use of our Services. 

12.   INDEMNITY

12.1   You agree to indemnify and hold us and our officers, directors, agents, employees and contractors harmless from and against any actions, claims, demands, proceedings, loss of every kind and nature, known and unknown, including legal fees (on a solicitor and own client basis) and claims made by third parties, due to or arising out of:

(a)   your use of the Application or your violation of any law or the rights of a third party; 

(b)   your breach of these Terms of Use; and/or

(c)   our acts or omissions in respect of the Application. 

13.   PRIVACY

13.1   The Privacy Policy applies to your use of this Application, and its terms are incorporated into these Terms of Use by this reference.

13.2   By using this Application you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Application may be read or intercepted by others.

13.3   You authorise us to use, store or otherwise process any information including Personal Information which relates to and/or identifies you, to the extent reasonably necessary for the provision of the Application. 

14.   GENERAL

14.1   Accessing information from the Application is done at your own risk and you will be responsible for compliance with the laws applicable within your jurisdiction.

14.2   These Terms of Use are governed by the laws of Queensland, Australia and the parties submit to the jurisdiction of the Courts of Queensland and relevant Commonwealth courts competent to hear appeals from them. 

14.3   We shall not be liable by reason of the failure in the performance of obligations under these Terms of Use by reason of epidemics, pandemics, strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond our reasonable control, including any form of technological failure or the actions of third parties.

14.4   These Terms of Use shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

14.5   We operate the Application in Australia. Information contained on the Application may not be appropriate or available for use in other locations. If you access the Application from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.

14.6   If a clause of these Terms of Use is void or unenforceable it must be read down to the minimum extent necessary to ensure compliance with the law. If it cannot be read down, the term is to be severed from these Terms of Use and the clauses that are not void or unenforceable shall be unaffected by the severance.

14.7   You agree that these Terms of Use and all incorporated agreements may be assigned by us in our sole discretion without notice. You may not assign these Terms of Use without obtaining our prior written consent which may be withheld in our absolute discretion. 

14.8   Our failure to enforce a provision of these Terms of Use or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of Dog Cloud.

14.9   You agree that these Terms of Use may not be construed adversely against us solely because we prepared them.

14.10   These Terms of Use and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.

14.11   Nothing in these Terms of Use or your use of the Application establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Dog Cloud and its Approved Users.

15.   INTERPRETATION

15.1   Interpretation

In these Terms of Use, unless inconsistent with the context or subject matter:

(a)   a reference to a person includes any other legal entity and vice versa;

(b)   words importing the singular number include the plural number and vice versa;

(c)   a reference to a party includes the party’s heirs, executors, successors and permitted assigns;

(d)   headings are for reference purposes only;

(e)   where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning; and

(f)   references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail.

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