TERMS AND CONDITIONS
In these terms, we also refer to Purpose Paws Pty Ltd ABN 66 675 654 305 (Purpose Paws as “our”, “we”, or “us”).
And you are you!
What are these terms about?
These terms apply when you use this website, being www.purposepaws.com.au and any other websites we operate with the same domain name and a different extension (Website).
These terms also apply when you book any services through this Website or via the digitail.io website or digital or mobile application(Bookings).
Services
When we say “Services” in these terms, we mean our home veterinary nursing and technician services and any related services booked by you on our Website or via the digitail.io website or digital or mobile application (Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Part A: Terms for when you book Services (applies when you make a Booking)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both Booking and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or book any Services unless you have read and agree to these terms.
Acceptance of these terms
If you don’t agree to these terms, please don’t book any Services. By clicking “accept” when you make a Booking on our Website, you agree to be bound by these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you make a Booking, the terms accepted at the point of sale will apply to your purchase of those Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase or book Services. You can check the date at the top of this page to see when we last updated these terms.
For When You Book Services…
BOOKINGS
making a booking
By making a Booking, you represent and warrant that:
you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
you are authorised to use the debit or credit card you provide with your Booking.
Submitting an Booking constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Services you have booked in exchange for your payment of the total amount listed upon checkout.
Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Booking is accepted.
ACCOUNTS
To make a Booking, you will be required to sign-up, register and receive an account through the Digitail Website or digital application (an Account).
As part of the Account registration process and your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.
You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
Once you complete the Account registration process, we may, in our discretion, accept you as a registered user within the Website and provide you with an Account.
We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
BOOKING FORM
When making a Booking, you will be required to fill out a booking form completed via the Digitail Website or digital application relating to the Services to be performed by us (Booking Form) in relation to your animal (Pet), including information such as:
your basic information;
your address where the Services will be performed (Home Address);
details about your pet; and
the Services you require.
We understand that all Pets are unique and have their own preferences, sensitivities and history. If there is anything that you think we should know about your Pet before we provide the Services, please let us know so that we can accommodate their needs to the best of our ability. This includes:
any previous or current medical conditions, illnesses or injuries;
any allergies, intolerances or dietary requirements;
any sensitivities to people, objects, Pets or other animals;
any behavioural issues;
any aggressive or anxious tendencies; or
anything else that affects your Pet’s health, wellbeing or behaviour.
We reserve the right to refuse to provide the Services to any Pet we deem unfit or unsafe for the Services, including Pets that are seriously unwell, injured, aggressive or anxious.
You represent and warrant that:
the information you have provided is accurate and up-to-date;
your Home Address is safe for us to attend;
you will be at the Home Address at the time of your Booking and agree that we can charge a fee if you are not available at the time of the Booking;
you will provide us with any of your Pet’s pre-existing health conditions; and
you will notify us as soon as reasonably practicable if any of your circumstances, or circumstances relating to your Pet, change.
If we discover that any of the information you have supplied to us is inaccurate (including without limitation where your Pet is not up-to-date with its vaccinations or is not desexed), we may, at our discretion, refuse to provide the Services to you and your Pet.
No Booking is confirmed until we have responded to your request and confirmed your Booking in writing. We reserve the right to reject any Booking request made.
SERVICE AREA
Our Services are inclusive to a Home Address within the geographical service area as set out on our Website from time to time (Service Area).
We reserve the right to cancel any Bookings where the Home Address is outside of our Service Area.
OUR SERVICES
Services
We will perform the Services in accordance with these terms and the Booking Form.
At the time of making a Booking, our Website will display the fees (Fees) payable for the Services. Unless otherwise agreed in writing, the Fees are payable upfront at the time of making a Booking in accordance with clause 3.
Our Services will be provided at your Home Address.
You must ensure that you and your Pet are at the Home Address at the time and date your Booking (Booking Time). If you are not available at your Home Address for us to perform the Services, a call-out fee of 50% of the Fees (Service Fee) will apply for that Booking and we will refund you the balance of Fees paid.
YOUR PET’S BEHAVIOUR
Whilst we are performing the procedure or providing our Services, we may request you hold your Pet to perform the procedure. You agree to assist us if we request this from you.
We reserve the right to terminate the Services if your Pet shows any signs of aggression or behaviour issues, if the Services cause your Pet distress, or if we believe that your Pet is not suitable for the relevant Service. If we make this determination after we have arrived at your Home Address, a Service Fee (being 50% of the Fees) will apply for that Booking and we will refund you the balance of Fees paid.
PRODUCTS
We may use third party products, suitable for Pets, as part of our Services (Products).
You must inform us if your Pet has any allergies or sensitives to any Products. We will provide you with an ingredient list on request if required so that you can determine if the Products we use are suitable for your Pet.
VARIATION OF SERVICES
Please ensure that the Service selected in the Booking Form is appropriate for your Pet. If you select Services that are not appropriate for your Pet, we reserve the right to change the scope of the Booking and charge a fee (Variation Fee).
FEES AND PAYMENT
All Fees are:
as displayed and accepted by you at the time of checkout (Fees);
in Australian Dollars; and
subject to change without notice prior to your Booking.
(Payment obligations) You must pay the Fees in full at the time of your Booking.
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of booking the Services at the correct Fees or cancelling your Booking. If you choose to cancel your Booking and the Services and the Fees have already been debited, the full amount will be credited back to your original method of payment.
(Insurance) We accept no liability or responsibility for compliance issues relating to your failure to meet your pet insurer’s requirements as applicable.
DISCLAIMERS
(Technicians) We are veterinary technicians and nurses, and we make no representation that we are veterinarians. We cannot diagnose or prescribe any medication to your Pet, nor can we provide any acts of veterinary science.
(Results) You acknowledge and agree that each Pet is individual, and results may differ between animals and we cannot guarantee your desired outcome as a result of using the Services on every occasion.
(Reliance on information) You acknowledge and agree that the Services are reliant on the information and/or documentation you provide to us about your Pet’s health. You agree to provide us with updated, accurate and complete information about your Pet’s health. By engaging us to perform the Services, you represent and warrant that you have fully informed us of your Pet’s medical history and any existing conditions, including injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect their participation in the Services or that if you are aware of such Conditions, your Pet participates in any Services provided by us entirely at your own risk. If you fail to let us know, we will assume that our Services are suitable for your Pet.
(Risk) You acknowledge and agree that there are inherent risks associated with performing procedures, and while we always use our best endeavours to perform quality Services we cannot guarantee that procedures will go as planned on every occasion.
(Suitability) If we conclude that our Services and treatments are not suitable for your Pet or your Pet’s condition, we reserve the right to stop providing Services to your Pet at any time.
CANCELLATIONS
We reserve the right to cancel your Booking for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
If you wish to cancel a Booking for a Service, you must provide us with at least 24 hours’ notice to avoid being charged a cancellation fee (being the full price of the Fees payable for the Services).
PHOTOGRAPHY AND VIDEOGRAPHY
In the course of providing the Services, we may take photographs or video recordings of you and/or your Pet.
From time to time, we may upload such photographs or video recordings to our social media platforms for the sole purpose of promoting our brand and Services.
If you do not want us to take photos or videos of you or your Pet, please let us know before we provide any Services to you. Otherwise, your acceptance of this agreement (and our privacy policy as in force from time to time) will constitute your consent to us storing, maintaining, using and disclosing (including capturing and sharing) such photos and videos.
SUBCONTRACTING
Purpose Paws may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.
WARRANTIES
To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
For When You Browse This Website…
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
use the Website for any purpose other than the purposes of browsing, selecting or purchasing our Services or Products;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects (or both, as the case may be);
the Website will be accessible at all times;
messages sent through the Website will be delivered promptly, or delivered at all;
information you receive or supply through the Website will be secure or confidential; and
any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
INTELLECTUAL PROPERTY
We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
THIRD PARTY TERMS AND CONDITIONS
If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those Terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that you or we acquire as part of providing the goods or services and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Liability And Other Legal Terms
LIABILITY
To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to us under the most recent Booking.
CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Service Provider, except:
in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth);
if the parties have a dispute
If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense of the parties.
The parties will conduct mediation through the Australian Disputes Centre (ADC) and in accordance with the ADC’s Guidelines for Commercial Mediation (as current at the time of the dispute).
The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved.
If mediation does not resolve the issue, the parties must:
if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and
based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense.
The parties will follow the binding outcome of arbitration (or other agreed mechanism).
Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.
The process in this clause does not apply where a party requires an urgent injunction.
FORCE MAJEURE
A ‘Force Majeure Event’ means any occurrence beyond the control of the Affected Party which prevents the Affected Party from performing an obligation under this agreement (other than an obligation to pay money), including any:
act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
strike or other industrial action;
war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
decision of a government authority in relation to COVID-19, or other epidemic or pandemic,
to the extent the occurrence affects the Affected Party’s ability to perform the obligation.
If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
reasonable details of the Force Majeure Event; and
so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
Subject to compliance with clause 20(b), the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.
The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performing the relevant obligation.
NOTICES
Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in the Booking Form and the email’s subject heading must refer to the name and date of this agreement.
If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
BUSINESS DAYS
If the day on which any act is to be done under this agreement is a day other than a business day, that act must be done on or by the immediately following business day except where this agreement expressly specifies otherwise.
WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $; or “dollar” is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.