References in these Terms to “we” or “us” or “Application/App” or “company” or “Ceedarpaws” are references to the Ceedarpaws application and “you” as “subscriber” or “user” “customer” or “visitor” or “client” (including both natural and legal persons) of Ceedarpaws.
The term ‘User’, ‘You’ or ‘Your’ refers to pet lovers who upload and download pet related content and/or avail any other service provided by Ceederpaws.
The term ‘Third Party’ refers to any person, natural or juristic, other than Ceedarpaws and the User.
- Ceedar Paws Pty Ltd is a company incorporated under the laws of Australia, with its registered office at 13/3 Banks Road, Castle Hill NSW 2154, Australia.
- The App is an electronic platform that;
- Allows Users to connect with other pet lovers across the globe;
- Allows Users to upload and download pet related content on/from the platform
- The App is an electronic platform that;
- Allows Users to undertake transactions relating to pet related information and/or goods with other Users
- Eligibility to Use
- The Services are not available to minors under the age of thirteen (13) or to any Users suspended or removed from the Ceedarpaws system by Ceedarpaws for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the App. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in Australia.
- Ceedarpaws reserves the right to refuse access to use the Services offered at the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- User Obligation and Role of Ceedarpaws
- Subject to compliance with the Agreement(s), Ceedarpaws grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this App and the Services provided therein.
- You agree to use the Services, App and the Content (as defined herein) provided therein only for purposes that are permitted by:
- any applicable law.
- You agree not to access (or attempt to access) the App or Services by any means other than through the interfaces that are provided by Ceedarpaws. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the App, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.
- You agree, understand and acknowledge that the App is an electronic platform and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other. You further agree and acknowledge that Ceedarpaws is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available to any posting etc. Further, Ceedarpaws does not guarantee, warranty or provide any assurance on the behaviour of any User of the App including any guarantee, warranty or assurance that any User will act in a particular manner.
- When you use the App and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- threatens the unity, integrity, defense, security or sovereignty of Australia, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- infringes any patent, trademark, copyright or other proprietary rights;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App);
- attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App, to any Ceedarpaws server, or to any of the Services offered on or through the App, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, or any other customer of Ceedarpaws, including any Ceedarpaws Account not owned by You, to its source, or exploit the App or Service or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App;
- disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Apps or any affiliated or linked sites;
- use the App or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ceedarpaws or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force within or outside Australia;
- violate the terms of the Agreement.
- Intellectual Property Rights
- The App and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the App is owned and controlled by Ceedarpaws or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the App, by no means are any rights impliedly or expressly granted to You in respect of such Content. Ceedarpaws reserves the right to change or modify the Content from time to time at its sole discretion.
- The trademarks, logos and service marks displayed on the App (“Marks”) are the property of Ceedarpaws or their clients or respective third parties. You are not permitted to use the Marks without the prior consent of Ceedarpaws, the client or the third party that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ceedarpaws owns all intellectual property rights to and into the trademark ” Ceedarpaws “, and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Ceedarpaws or thirty party owner of such Content.
- Disclaimer of Warranties and Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEEDARPAWS WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. CEEDARPAWS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CEEDARPAWS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE APP OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. CEEDARPAWS HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE APP IS CORRECT, BUT CEEDARPAWS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. CEEDARPAWS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE APP OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, CEEDARPAWS SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE APP DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE APP THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND CEEDARPAWS ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CEEDARPAWS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. CEEDARPAWS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
- Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless Ceedarpaws, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the App; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
- Ceedarpaws may notify You of any claims which You shall be liable to indemnify Ceedarpaws against. You will then be required to consult with Ceedarpaws regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Ceedarpaws without the express prior written consent of Ceedarpaws which can be withheld or denied or conditioned by Ceedarpaws in its sole discretion.
- Notwithstanding anything to contrary in the Agreement(s), in no event shall Ceedarpaws, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ceedarpaws has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the App, Services or Content.
- The Agreement will continue to apply until terminated by either You or Ceedarpaws as set forth below. If You want to terminate Your agreement with Ceedarpaws, You may do so by not accessing the App
- Ceederpaws may terminate your access to the App if;
- Ceedarpaws is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by Ceedarpaws is, in Ceedarpaws’s opinion, no longer commercially viable;
- Ceedarpaws has elected to discontinue, with or without reason, access to the App, the Services (or any part thereof); or
- In the event Ceedarpaws faces any unexpected technical issues or problems that prevent the App and / or Services from working.
- You agree that all terminations shall be made in Ceedarpaws’s sole discretion and that Ceedarpaws shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the App and Services.
- Governing Law and Jurisdiction
- General Provisions
- Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Ceedarpaws’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Ceedarpaws to any third parties without the requirement of seeking Your prior consent. Ceedarpaws may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Ceedarpaws shall have right to transfer Your Account and Account Information to a third party who purchases Ceedarpaws’s business as conducted under the App.