Pet Owner Experience

Petboost provides an online Platform at www.petboost.com.au (the "Platform") that allows Business of services in the pet industry to connect with Customers with a view to the supply of relevant services and goods (for example veterinary services, pet grooming, dog daycare boarding and training) (the "Deliverables").

The Platform is owned and operated by Petboost Proprietary Limited, ABN 46 640 246 279 ("Petboost®").

Business and Customers may apply to be registered as Members for access to the Platform (Members are also referred to as "you and your"). Your access to the Platform is conditional upon your acceptance and compliance with the terms and conditions herein ("Platform Conditions"). Your access to the Platform constitutes your agreement to be bound by the Platform Conditions. Petboost may amend the Platform Conditions at any time. To access the Platform, you must register as a Member, which allows you to create a profile showing the Deliverables you may be interested in acquiring as a Customer or providing as a Business. You must safeguard your password and are responsible for all access to the Platform conducted using your password.

Petboost's role in providing the Platform is that of a third party contractor which provides the Platform as an online Platform to facilitate Members to meet online and to arrange the supply of Deliverables directly between each other. Petboost does not provide or acquire the Deliverables and is not an agent of a Member and is not a party to any agreement that is formed between Members.

In respect of Deliverables the Members agree to the use of Stripe Payments Australia Pty Ltd ACN 160 180 343 ("Stripe") to process payments between Customers and Businesses and between Businesses and Petboost. You can review Stripe's terms at https://stripe.com/au/legal.

The Businesses consent to Petboost's disclosure to Stripe of, and to Stripe's collection use retention and disclosure of, any information that Businesses provide to Petboost or that Stripe collects directly. You can review Stripe's Privacy Policy.

On behalf of the Business, Stripe temporarily pre-authorises the Deliverables Fee and Platform Fee, 72 hours prior to each appointment commencing in the given timezone of the Business. If the customer cancels within the notice period, the pre-authorisation is released.

"Deliverables Fee" means the amount that is due and payable by a Customer to Business for the Deliverables supplied by that Business to the Customer including GST and may at the Business' discretion include additional fees or charges.

"Platform Fee" means the fee that Petboost charges a Business for the use of the Platform, including GST, which fee is calculated as a percentage of the relevant Business' Deliverables Fee.

Usually payments for Deliverables are processed through Stripe Payments Australia Pty Ltd, a secure online payment system. We strongly recommend this method due to its safety, trustworthiness, and compliance with financial regulations.

Our Platform terms allow for additional payment methods, specifically cash and bank transfer, should businesses choose to accept them. If Businesses opt to facilitate a payment through cash or bank transfer, the following considerations apply:

• Trust and Safety: Payments made outside of Stripe may present certain risks. Petboost and Stripe cannot provide the same level of protection for disputes or fraudulent activities when payments are made outside the Stripe system.
• Transaction Monitoring: Petboost may have limited visibility into transactions made through cash or bank transfer, which could make it more challenging to monitor for potential fraudulent or illegal activities.
• Tax Obligations: Businesses receiving payments are responsible for accurately tracking and reporting their income for tax purposes, in compliance with the tax laws.
• Refunds and Chargebacks: A chargeback is a reversal of a payment transaction, typically initiated by the payer's bank. Petboost and Stripe may have limited ability to facilitate chargebacks and refunds for cash or bank transfer payments.

By choosing to accept cash or bank payments, Businesses accept these risks.

For cash or bank transfer payments the Platform Fee (being 1.2% of Business' Deliverables Fee) Petboost shall invoice Business for each 28-day period. Business shall pay these Platform Fees within 7 days of invoice.

Businesses operating on the Platform have the discretion to implement their own additional terms, conditions, and/or release of liability waivers (collectively "Additional Terms") that Customers must agree to before receiving services.

1. Responsibilities of the Business:

• Businesses are responsible for creating, managing, and enforcing their Additional Terms independently of Petboost.
• When bookings occur outside the Petboost Platform, whether by phone, email, or face-to-face, Businesses must ensure that Customers are presented with and agree to these Additional Terms through a separate process.
• Businesses should retain records of these agreements as proof of the Customer's consent to the Additional Terms.

2. Responsibilities of the Customer:

• Customers are responsible for reading, understanding, and agreeing to the Additional Terms provided by the Business before finalising their booking.
• Consent to these Additional Terms is a prerequisite for the provision of the service by the Business, and the Customer's agreement is to be secured independently of Petboost's Platform when not booking through the Platform.

3. Liability of Petboost:

• Petboost holds no liability and plays no role in the creation, content, or enforcement of any Additional Terms that a Business may require.
• Any agreement made between a Customer and a Business regarding Additional Terms is considered a separate contract, independent of Petboost.
• Petboost's Platform does not facilitate the storage, management, or verification of these Additional Terms and their acceptance.

Customers and Businesses must acknowledge that any Additional Terms agreed upon are strictly between them and are separate from their use of and interaction with the Petboost Platform. Petboost's terms and conditions do not cover or govern these Additional Terms.

1. Business Data Ownership

• Any data that a business imports to the Petboost Platform, including historical data from prior systems, remains the sole property of the business. This encompasses all business-specific content such as customer lists, service descriptions, pricing information, and operational data.

2. Protection of Personal Information

• Personal information embedded within business data belongs to the individual concerned. Under privacy law, individuals are entitled to protection of their personal information. Businesses must handle this information in accordance with applicable privacy laws and regulations.

3. Operational Data

• Aside from customer-specific information, all operational data related to the business does not constitute personal information and remains under the business' ownership. However, businesses must treat all data with appropriate security measures.

4. Pet Owner Data Ownership

• Pet owners exclusively own the data they produce while using the Petboost Platform. This includes the creation and updating of profiles, booking appointments, and managing personal and pet information.
• Owners are responsible for ensuring the accuracy and currency of this data to uphold service quality and comply with health standards.

5. Transactional Data

• All transactional data created through Platform activities, such as appointment records, invoice line items, and payment histories, is owned by the business. This ownership ensures that businesses can independently manage and access their operational records.

6. Internal Notes and Business Intelligence

• Businesses retain ownership of all internal notes and business intelligence data collected through their interactions on the Platform. This includes but is not limited to notes on customer preferences, service history, and operational insights.

7. Data Synchronisation

• Data synchronisation between the Pet Owner Experience Database and the Business Database occurs in a two-way process when a pet owner activates their account and begins transacting. This synchronisation ensures data consistency while maintaining ownership rights.

8. Data Export and Deactivation

• Businesses have the right to deactivate their accounts and export their data from Petboost at any time. This includes comprehensive access to all business-specific data produced and maintained by the business on the Platform.

9. Data Accuracy and Update

• Pet Data: Pet owners must keep their data up-to-date to ensure effective service delivery. Petboost may prompt regular data review and updates.
• Business Data: Businesses are required to maintain accurate and current listings and pricing information. Any changes must be promptly reflected on the Platform.

10. Data Removal and Retention

• The Business may request the removal of its data.
• Petboost will retain only essential information related to appointments and payments, strictly for the period required by legal and tax compliance regulations. This includes details of the appointment, payment amounts, and transaction dates.
• Customer and pet information will be retained only when the customer and their pet actively use their account to manage appointments and payments themselves.
• Upon termination of this Data Agreement, Petboost will promptly hand over and return to The Business all remaining data, excluding legally required records. All business-specific internal notes, including customer preferences and service history, will be returned to the business.

11. Data Access and Control:

• Pet Data Access: Pet owners have rights to access and correct their data through their user dashboard.
• Business Data Management: Businesses can access and update their data to ensure accuracy. This includes correcting any data inaccuracies.

12. Responsibilities in Case of Data Misuse

• Pet Data Misuse: Any misuse of pet data by Businesses or third parties will result in corrective actions and potential penalties at law.
• Business Data Protection: Businesses are obligated to protect the data they access, particularly sensitive pet owner information, adhering to strict data protection standards.

13. Analysis of Anonymised Data

• Petboost may analyse anonymised data for internal purposes, such as improving Platform functionality and user experience. This data is devoid of any personally identifiable information and is not shared with third parties without consent.

You must not in respect of the Platform, the Deliverables or the Content:

• violate any law;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" the Platform;
• access or use the Platform or any of the content of the Platform ("Platform content"): (i) in any way that is inconsistent with Petboost's Privacy Policy; or (ii) in any way that otherwise violates any provision of these Platform Conditions;
• use the Platform, or the Platform content for any commercial or other purposes that are not expressly permitted by these Platform Conditions or in a manner that falsely implies Petboost endorsement, partnership or affiliation;
• copy, store or otherwise access or use any information contained on the Platform or in the Platform content for purposes not expressly permitted by these Platform Conditions;
• infringe the rights of Petboost or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Platform or Platform content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Deliverables;
• "stalk" or harass any other user of our Platform or collect or store any personally identifiable information about any other Member other than for purposes of transacting as a Petboost Business or Customer;
• register for more than one Petboost Membership or register for a Petboost Membership on behalf of an individual other than yourself;
• contact another Member for any purpose other than asking a question related to the supply of Deliverables, or the Member's use of the Platform, or the Deliverables;
• recruit or otherwise solicit a Member to join third-party Deliverables or websites that are competitive to Petboost, without Petboost's prior written approval;
• recruit or otherwise solicit any Member to join third-party Deliverables, applications or websites, without our prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Platform;
• use the Platform or the Platform content to find a Member and then acquire or supply Deliverables independent of the Platform, in order to circumvent the obligation to pay a Platform Fee or for any other reason;
• as a Member, submit any false or misleading information, including price information, or submit a price that you do not intend to honour;
• violate any of the Platform Conditions;
• engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform or the supply of Deliverables;
• post, upload, publish, submit or transmit any Platform content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Platform or the Content, or any individual element within the Platform, or the Platform content, or the layout and design of any page or form contained on a page in the Platform, without Petboost's express written consent;
• access, tamper with, or use non-public areas of the Platform, Petboost's computer systems, or the technical delivery systems of Petboost's providers;
• attempt to probe, scan, or test the vulnerability of any Petboost system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Petboost or any of Petboost's providers or any other third party (including another user) to protect the Platform or Platform content;
• forge any TCP/IP packet header or any part of the header information in any email or news group posting, or in any way use the Platform, or the Platform content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, or the Platform content;
• advocate, encourage, or assist any third party in doing any of the foregoing; or
• accept or make a payment for Deliverables acquired in respect of the Platform, outside of the Platform.

Your access to the Platform shall be for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until you or Petboost terminate your access to the Platform.

You may terminate your access to the Platform at any time via the "Deactivate Membership" feature on the Platform in your Membership Settings on your profile or by sending us an email. Your termination will take effect at the end of the current 30-day term.

Petboost may terminate your access to the Platform for convenience at any time by giving you 30 days' notice via email to your registered email address.

Petboost may immediately, without notice terminate your access to the Platform or deactivate your Member Profile if:

• you have materially breached any of the Platform Conditions, including any breach of your warranties outlined in the Platform Conditions or breach of the "User Conduct" provisions in these Platform Conditions;
• there is inaccurate, fraudulent, misleading, deceptive, outdated or incomplete information in your Member Profile,
• you have violated an applicable law, regulation or a right of a third party, or
• Petboost believes in good faith that such action is reasonably necessary to protect an interest of another Member, Petboost or a third party, to prevent fraud or misleading or deceptive conduct, to assess or respond to complaints, or to protect the safety of Members or others.

In addition the Platform may deactivate your Member Profile if you receive poor ratings from Customers or Businesses.

In case of termination or deactivation of your Member Profile, you will be given notice of any measure by Petboost and an opportunity to resolve the issue to Petboost's reasonable satisfaction.

If your access to the Platform is terminated or any of the measures above are taken:

• we may (i) communicate to your Business or Customer that a pending or accepted booking has been cancelled, (ii) refund your Customers in full for any and all accepted bookings, (iii) support your Customers in finding alternative service providers, and (iv) review your use of the Platform;
• you must not register a new Petboost Membership or a Member Profile;
• you must not attempt to access or use the Platform, whether by another Petboost Membership or another Member Profile or otherwise howsoever;
• we do not have an obligation to delete or return to you any of your Content of your Member Profile, including but not limited to any reviews or feedback;
• you are not entitled to a restoration of your Petboost Membership or any of the Content of your Member Profile.

To the maximum extent permitted by law, Petboost's liability is limited as set forth in these terms and applicable law. Petboost shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.