Australia's Pure Bred Dogs

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE DOGZ ONLINE PLATFORM (AS DEFINED BELOW), YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.

Dogz Online – Website Terms of Use

Website

This website is owned and operated by DOGZ ONLINE PTY LTD (ABN 35 112 063 331) (hereafter referred to as we, us, our, or Dogz Online).

Dogz Online is an online marketplace that enables registered users (Members) to:

sell dogs and related services (Breeder Services) through posting Listings on the website (Buyers), and
communicate and transact with Breeders in relation to Listings (Buyers).

Dogz Online is not responsible for any Listing or services provided by Breeders through the website. Dogz Online provides a platform for Members to create, manage, sell, purchase and deliver listings and Breeder Services but does not in itself offer these services.

Your use of this website is governed by these terms of use (Terms). By continuing to access and use this website, you agree to be bound by these Terms (as amended from time to time).

These Terms operate as a binding contract between you and us, setting out your rights and obligations in relation to this website.

Any reference to a Member being "verified" (or words to a similar effect) indicate that a Member has completed Dogz Online’s verification process. Dogz Online does not guarantee:

the accuracy, existence, suitability, quality, safety, legality or timing of any Breeder Services or Listings;
the performance or conduct of any Member or third party, including any information provided; or
the conduct and information provided by any Member or third party.

Dogz Online does not endorse any Member listing or Breeder Services. Dogz Online encourages Members to exercise due care and diligence and approach all interactions with other Members and third parties, whether online or in person, with care and caution.

These terms of use apply to the use of the following associated websites:

dogzonline.com.au
dogzonline.co.nz
dolforums.com.au

User Accounts

You must create a User Account in order to access certain functions or features of this website (Restricted Features), including publishing or purchasing from a Listing.

We may from time to time and in our absolute discretion determine the functions or features of this website which are Restricted Features.

To create a User Account, you must:

be at least 18 years of age; and
have the legal capacity and authority to enter into a contract.

You may only create one User Account unless otherwise authorised by Dogz Online. You must not assign or otherwise transfer your User Account to another party.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.

In order to create a User Account, you must provide us with any information requested by us, which will include personal information about you. We may:

ask you to provide a form of identification, such as a driver’s licence, to verify your identity;
screen Members against third party databases or request information from third party service providers; and
where we have sufficient information, obtain public reports of criminal convictions or other checks.

By creating a User Account, you:

warrant that any information that you provide to us is true and correct;
warrant that you are creating an account to use for yourself and not on behalf of any other person;
warrant that you have not been previously banned from having a User Account;
agree that we reserve the right to remove or reclaim any username at our discretion; and
agree that we may deal with personal information that you provide to us in accordance with our Privacy Policy.

When you create a User Account, you will be required to set a username and password. You must:

not disclose your username or password to any other person;
take reasonable steps to prevent any other person from discovering your username and password and using it to log in to this website via your User Account; and
immediately notify us if you have any reason to suspect your username or password has been lost, stolen or compromised.

You agree that we are entitled to assume that any information communicated to us via your User Account:

was communicated by you or on your behalf; and
we are not in any circumstances required to enquire into whether or not information was communicated by you or by someone using your User Account without your authority.

You must indemnify us against any loss, cost or damage we suffer or any liability that we incur (to you or any other person) as a result of the use of this website using your User Account, whether as a result of your use of your User Account, someone using your User Account with your authority or someone using your User Account without your authority.

We may at any time in our discretion suspend or terminate your User Account and prevent you from accessing the Restricted Features.

Changes to Products or Services

We reserve the right to make any changes to our services that we consider necessary or desirable. We will use all reasonable endeavours to give you prior notice of such changes on this website.

We make no representation that the services are available at any time at the prices specified on the website.

Breeder Terms

You agree:

to comply with Dogz Online’s terms for posting Listings;
to provide accurate information (including any pictures or videos) in your profile and Listings;
that you are solely responsible for prices on your Listings;
that you are solely responsible for determining your obligations to report, collect and remit any GST or other applicable tax on your Listings;
that any terms in your Listing must not be inconsistent with these Terms of Service;
that a legally binding contract is formed between you and the Buyer when you agree on the terms of sale with a Buyer and that Dogz Online is not, and does not become, a party to this contract;
Dogz Online is not acting as an agent in any capacity for any Member;
neither Dogz Online or its affiliates are responsible for the conduct of any Member; and
the placement and ranking of Listings on the website are at the sole discretion of Dogz Online.

If you require a security deposit for a sale, you must specify this in your Listing.

You represent and warrant that:

any Listing and Advertising:
- does not breach any other agreement you may have with a third party; and
- complies with all applicable laws and regulations, including holding and maintaining any relevant licence; and
- All advertising claims on the site must be factual. If including a pedigree on a dog profile, all dog’s names must be correct; and
- Advertising is for your personal use only. The exception to this condition is that you are permitted to have dog profiles for dogs that you have bred as long as you have the registered owners permission. You are also permitted to submit show results (e.g. pointscore results) on behalf of others if you have their permission. Under no circumstances can you advertise puppies or dogs on behalf of others. If you advertise puppies, you need to be the registered owner of the bitch; and
- You must own the copyright for any photo that you upload to our site (or have paid for the photo or have permission from the photographer); and
- Advertising on our site is to sell your puppies and promote yourself and your dogs. Under no circumstance can our site be used for any personal grievances with others or to promote personal agendas or views about the dog world in general or your views of other breeders or their practices; and
you are responsible for your own acts and omissions and those of any individuals acting on your behalf or as your agent.

When selling puppies, you must ensure that;

you have a registered ANKC breeder prefix in order to have a breeder listing on our site or to advertise puppies for sale. (Ads from NZ Breeders need to have a valid NZKC Prefix); and
All Puppies for sale must be bred from ANKC registered parents. Puppies must also be registered (or intending to be registered) with the ANKC. No other registry is permitted; and
Every effort must be made to adhere to the breed standard when breeding. If we believe that you are purposely breeding against the breed standard (eg breeding undesirable colours and/or advertising the colours as rare), your membership of our site may be removed; and
If accepting deposits for puppies, you must give to the puppy buyer, clear written details of what your refund policy is BEFORE accepting the deposit. Regardless of what your refund policy is, if the sale of the puppy does not go ahead due to an act by you, you must give a full refund if requested by the buyer within 7 days. Generally, we do not condone accepting deposits before pups are born; and
You must ensure that all dogs/puppies that you re-home are in the best possible state of health and cleanliness. Where a dog with a health issue or disability is re-homed, you must obtain from the recipient, a written and signed acknowledgment of the condition of the dog. Your membership will be removed if you re-home a dog with a medical condition that you should have known about when re-homing without getting that acknowledgment.
Vaccination certificates should be given to the purchaser at the time of purchase or be sent to the purchaser within 14 days if the pup was not personally collected (eg interstate sale).
ANKC registration papers (where required to be given to the purchaser by your state ANKC organisation) need to be sent to the purchaser within 90 days of the pup being re-homed. If you anticipate delays, the buyer is to be kept up to date with the status of the papers. If a puppy buyer has paid for your pup, they need to get everything they paid for within a reasonable time (regardless of how long the ANKC gives you to register the pups).
The Code of Ethics as prescribed by your state ANKC Canine Association must be adhered to.

You agree to us scanning and analysing communication sent via our contact form or message chat to protect our advertisers from scams, and spam. We do not guarantee any message will be sent (it may be delayed due to a technical issue or it may be delayed if it is flagged by our systems to be checked by us). Any message that is perceived by us to not be a genuine inquiry to the ad, such as spam or any sort of advertising, will be deleted.

Buyer Terms

You can inquire about a Listing by following the respective inquiry process. Subject to meeting the Breeder’s requirements, you may purchase a dog. All applicable fees and charges will be displayed to you prior to completing your purchase. You agree to pay all applicable fees and charges in connection with your User Account.

You acknowledge and agree that a legally binding contract is formed between you and the Breeder when you agree on the terms of sale with a Breeder and that Dogz Online is not, and does not become, a party to this contract.

We do not transfer legal ownership of dogs or other services from Breeders to Buyers.

If you purchase a dog on behalf of another person, you are required to ensure that those persons meet any requirements set by the Breeder, and is made aware of and agrees to these Terms and any additional terms set by the Breeder. If you are purchasing a dog for a minor, you represent and warrant that you are legally authorised to act on their behalf and agree that you will be responsible for any dogs purchased.

Payment

Dogz Online provides payment services to Members through a third party payment processer, Stripe (Payment Services). By buying or selling on this website, you agree to be bound by Stripe’s Services Agreement and Privacy Policy.

You must have a User Account to use our Payment Services. If we close your User Account for any reason, you will no longer be able to use our Payment Services. If any amounts paid to you remain in your User Account following the closure of your account, any undisputed amounts will be paid to you.

Buyers consent and authorise Dogz Online and Stripe to share any information or instructions you provide us to Breeders, as reasonably necessary to complete your transaction.

Buyers agree to make payment using the payment method provided. We reserve the right to correct, or instruct Stripe to correct, any errors in a payment request.

If a Buyer contacts their bank or financial institution to decline, chargeback or otherwise reverse monies payable to us or a Breeder, we may immediately terminate the Buyer’s User Account. We reserve the right to dispute any chargeback on our own behalf or on behalf of a Breeder.

Buyers are required to pay a Service and Protection Fee (as modified by Dogz Online from time to time) to Dogz Online for dedicated support, payment protection (subject to these Terms) and the use of the Dogz Online website to purchase a dog from a Listing. The Service and Protection Fee will be displayed to Buyers prior to completing a transaction.

You acknowledge and agree that, to the maximum extent permitted by law, you are responsible for any loss arising out of your use of our Payment Services.

Modifications, Cancellations and Refunds

Members are responsible for any changes made to a transaction through Dogz Online and agree to pay any additional fees or charges that may apply.

The right to cancel a confirmed purchase is determined by the individual Breeder’s cancellation policy and these Terms. Except for in exceptional circumstances, any amounts due to Members under the relevant cancellation policy will be paid in accordance with the individual Breeder’s cancellation policy and these Terms.

We may determine, at our sole and absolute discretion to cancel a confirmed purchase and make appropriate payments. This may arise in circumstances including but not limited to:

Where we believe in good faith that it is necessary to avoid serious harm to us, other Members, third parties or property; or
for any other reason as set out in these Terms.

On the purchase of a subscription from Dogz Online, except where required by law, no refunds will be given once you place any ad on our site.

Buyer Payment Protection Policy

We will work with Buyers to provide support, expertise and free dispute resolution in the event they experience a Buyer Issue.

To submit a claim under the Buyer Protection Policy, Buyer must contact Dogz Online by emailing [email protected] as soon as you become aware of the Buyer Issue.

As a Buyer, you may make a claim under the Buyer Protection Policy if your claim satisfies the following conditions:

the Listing sale was for a companion dog;
the transaction was completed by you using Dogz Online’s Payment Services;
you have paid a Service and Protection Fee for the relevant sale;
you have not violated the Buyer Protection Policy or these Terms;
you have met your obligations to the Breeder and have not breached the terms of your agreement with the Breeder;
your User Account has no outstanding balances owed to us or any Breeders;
you have not, directly or indirectly, caused the Buyer Issue;
you have made reasonable efforts to remedy the Buyer Issue directly with the Breeder prior to making a claim, including by using our dispute resolution services;
the Buyer Issue did not arise from a Force Majeure event; and
the Buyer Issue is not related to circumstances prohibited by law.

You must complete a claim form provided by us within seven days. All claims will be assessed by Dogz Online in our sole and absolute discretion.

Breeder Payment Protection Policy

We protect and guarantee payments to Breeders using the Payment Services in clause 6 of these Terms.

If an issue arises, Breeders should contact [email protected] as soon as you become aware that an issue has arisen.

Dogz Online may provide mediation services to resolve conflicts such as bounced checks, scams, fraudulent charges or cancelled payments by Buyers. Mediation will be conducted in accordance with clause 13.

Privacy

Your privacy is important and we will take all reasonable steps to ensure that any information that you provide via this website will be dealt with in accordance with our Privacy Policy. Our Privacy Policy will apply to you and your use of the website.

We may use cookies to facilitate a more personalised web browsing experience. You may disable the cookies in your web browser’s settings.

Content on this website

The Content on this website is intended to provide a summary of the subject matter covered. While we use reasonable steps to ensure the accuracy and completeness of the Content, to the greatest extent permitted by law we give you no warranty about the accuracy or completeness of the content or information on this website.

Content on this website may change without notice to you, but we do not warrant that we will keep this content or information updated.

We are not liable to you or anyone else if the Content is not up-to-date, accurate or complete.

Member-generated content is the sole responsibility of the Member making the content available on the Dogz Online platform. We take no responsibility for the content you or any other Member makes available.

When making content and information available on our site or any of our affiliated sites you are wholly responsible for ensuring:

you are the exclusive owner or possess the necessary legal rights to use the content; and
you do not breach any applicable laws or regulations including, but not limited to, intellectual property laws and obligations under the Privacy Act 1988 (Cth).

We are not liable to you or anyone else if any part of this website (or a website linked from this website) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses or any other way in which this website (or a website linked from this website) could damage your computer systems (including your mobile devices).

Any information on this website is general in nature and does not take into account your personal circumstances. You agree that nothing on this website is a representation that a particular product will be suitable for you or advice that you should acquire a particular product or use a particular service.

Reviews

Within 21 days of completing a transaction, Members can submit a review about each other. All reviews reflect the individual opinion of the Member and not the opinion of Dogz Online.

Reviews must be true and accurate, and must not contain any offensive or defamatory language. Members must not manipulate reviews, such as instructing a third party to submit a review about another Member.

Dogz Online does not verify reviews, but we reserve right to remove a review at our sole and absolute discretion.

Member Disputes

Members are solely responsible for their interactions with other Members on the Dogz Online website. However, Dogz Online reserves the right to assist with member disputes.

You agree to assist and cooperate with Dogz Online in good faith, and provide us with any information we may require in connection with a dispute relating to a Listing, transaction, Breeder Service or other Member interaction.

Upon our reasonable request, you must participate in mediation or another similar dispute resolution process with another Member. Such process will be conducted by Dogz Online or a third party selected by us.

Warranties and Disclaimer

The Content and this website are provided on an 'as is' basis, and you acknowledge that:

your use of this website is at your own risk and is also subject to the terms and conditions of the websites, products and services of our Affiliates that you access via our services;
at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so.

In Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law.

To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:

that your access to this website will be free from interruptions, errors or viruses; or
the accuracy, adequacy or completeness of information on this website (nor do we undertake to keep this website updated).

To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:

your sole remedy will be for us to provide the features or services that were previously provided; and
our maximum liability to you is limited to the reasonable cost of having the features or service provided to you.

In entering into these Terms, you represent and warrant to us that:

any information that you provide to us is accurate and complete;
we, and our agents, will be entitled to rely on the accuracy and completeness of any information provided by you;
you have not entered into these Terms in reliance on or as a result of any statement by us or any conduct of any kind by us;
you have independently satisfied yourself in respect of all matters in connection with these Terms;
your use of this website does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
you will not infringe or violate any of the Terms;
you will not use this website for any purpose not expressly permitted by these Terms;
you will not offer any Breeder Services that you do not have permission to offer;
you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use this website in accordance with these Terms, and to fully perform your obligations under these Terms;
you are solely responsible for complying with applicable laws regarding use of this website;
you have read and agree to assume the risks identified above.

If we conduct identity verification or background checks, we do not warrant that, to the extent permitted by law, those checks will identify prior misconduct of the Member or guarantee the Member’s future conduct.

Limitation of Liability

To the maximum extent permitted at law, including under the Australian Consumer Law, we shall not be liable to you for any direct or indirect loss, damage or expenses, howsoever arising, which may be suffered as a result or in connection with your use of this website or any material accessible via this website, including but not limited to:

publishing of, or purchasing from, any Listing;
the use, or inability to use, the Dogz Online website;
your interaction with other Members both online and offline; and
the use of our Payment Services.

Third-Party Websites and Member Sites

This website may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. We may place links to referral programs within this website, our emails, or any other channel of communication to members pursuant to which we may obtain a financial benefit if you visit such a link and then make a purchase from a third party website.

Member sites that are powered by Dogz Online PTY LTD and/or its affiliates may from time to time be updated at our own sole discretion, without the requirement of notice. This may include, but is not limited to the following circumstances:

Where we are making improvements to the systems to increase the functionality of the member websites; and
the additional and/or removal of content from member sites; and
the insertion of banners, advertising, and affiliate links to member sites

Intellectual Property

The Content and this website are protected by intellectual property laws.

Unless otherwise stated, we own or license from third parties all of the rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content and this website.

If you are permitted to post information to this website, in doing so you agree that you are deemed to have granted us an irrevocable and unlimited license to use any of that information in any manner we see fit.

By making available any content on the Dogz Online platform you grant us the right to store, use, display, modify, and distribute such Member content on the Dogz Online website and other platforms without compensation.

Subject to these Terms, we grant you a limited licence to access the website and view and use the Content. Nothing in these Terms operates to grant you any further right or interest in the Content or this website.

Except where necessary for viewing the Content on this website on your browser, or as permitted under any applicable legislation, no Content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without our specific written consent.

Trade marks

Trade marks used on the Dogz Online website are our trade marks whether registered or unregistered or are licensed from third parties. If you use any of our trade marks with reference to us, the Dogz Onlinet website or our product or services, you must include a statement attributing the trade mark to us.

You must not use any of our trade marks or the trade marks of third parties featured on the website:

in or as the whole or part of your own trade marks;
in connection with any business, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive to any person; or
in a manner that disparages us or the Dogz Online website.

Proper Use

You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or is unlawful or prohibited by any laws applicable to this website, including but not limited to any act which would constitute a breach of privacy, using this website to defame or libel us, our employees or any other individuals, bodies corporate or third parties.

You are prohibited from acting in a way that would harm the Dogz Online brand in any way.

You must not seek to reverse engineer the code contained in this website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to this website any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of security protocols.

If we permit you to post any information, such as comments or other content, to this website, we reserve the sole right to remove that information without notice to you.

If we become aware of any possible violations by you of these Terms, we reserve the right to investigate the violation and take any action we deem reasonably necessary, including but not limited to, disabling, deleting or banning your User Account. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.

General Matters

Access to, or use of, certain parts of this website may be subject to separate terms. If there is a conflict between these Terms and the separate terms, the separate terms will prevail to the event of any inconsistency, unless otherwise specified.

If any part of these Terms is found to be void or unenforceable then it is deemed to be severed from these Terms and the balance of the Terms will be read without that part.

Your use of the website and these Terms are governed by the law of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts in New South Wales, Australia in respect of any dispute arising from these terms.

We may amend these Terms from time to time and in our absolute discretion without providing notice to you. By continuing to use this website after any such amendment, you agree to the Terms as amended.

Your access to all or part of this website may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.

By Using our web site and services, you will agree to that you will not do any of the following

violate any laws,
post any threatening, abusive, defamatory, obscene or indecent material,
distribution or send communications that contain span, scams or any sort of unsolicited advertising
copy, modify, or distribute any other person’s content without their consent,
use any robot spider, scraper or other automated means to access our site and collect content for any purpose without our express written permission
harvest or otherwise collect information about others including email addresses, without their consent.

Definitions

In these Terms:

Buyer Issue includes, but is not limited to:
- failure by the Breeder to provide Breeder Services or effect a refund following payment by the Buyer;
- the breed, sex or physical condition of the dog is materially different to that advertised in the Listing; or
- the Buyer is charged for a transaction it did not make;
Content means the contents of this website, including any information, stylistic elements (such as text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including programs) and other material on this website;
Force Majeure means any unforeseeable circumstances that prevent the Breeder from completing the transaction;
Listing means a post on the Dogz Online website for Breeder Services;
Restricted Features means the features and functions of this website that are only accessible to persons logged in with their User Account; and
User Account means the user credential and personal profile that you register with us in order to access certain features of this website.