Wagsta Terms and Conditions

The “Wagsta” website at www.wagsta.com (also directed from wagsta.com, wagsta.com.au and wagsta.co.uk) (“Site”), the “Wagsta” smartphone application (“App”) and its related services, products, information, tools and functions (collectively “Services”) are owned and operated by K9 Weight Challenge Pty Ltd ACN 606 671 934 trading as Wagsta (formerly Dog Slim) ABN 78 606 671 934 (“We”, “Us”, “Our”).

Your access to and use of the Services is subject to these Terms and Conditions and any other policies published on the Site from time to time. By using the Services You are deemed to agree to these Terms and Conditions and all Policies. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING THE SITE OR APP OR USING THE SERVICES.

We may amend these Terms and Conditions at any time at Our discretion. Please review the Terms and Conditions and Our Policies periodically as Your continued use of the Services indicates Your agreement to any changes made. All amended Terms and Conditions and Policies shall automatically be effective from the time and date of appearance on Our Site (unless otherwise stated). If You do not agree with such changes, You must cease to use the Services.

Definitions & Interpretation

Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

“Content” includes any material, text, information, pictures, tools, sound, graphics, video and other data forming part of or contained in the Site or App from time to time whether in written form or otherwise;
“Fee” means the fee or fees payable for a Product or for access to the Paid Services as described on the Site and App;
“Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the Services including the Site, the App, the Content and the Products, the name “Wagsta”, the name “Dog Slim” and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
“Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data production stoppage, or consequential or indirect loss or damage howsoever arising or caused, including, without limitation, negligence, tort, contract or statute;
“Paid Services” means the services, products, information, tools and functions available through the Site or App when a User subscribes for them and pays the Fees, being the wellness program which includes personalised pet diet plans, recipes, exercise plans and coaching and as otherwise described on the site and App;
“Policy” means any policy of Ours in place from time to time including without limitation any policy relating to privacy, fees, refunds, feedback and services;
“Product” means any product available as part of the Services including programs, recipes, diet plans and exercise plans;
“Related Entity” has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
“Services” means the Content, Products and functions available through the Site or App which may include dog walk tracking, pawsfeed stories and updates, directory information, blog articles, the weight assessment wellness check and, if and when subscribed for, the Paid Services;
“User” means any person who uses the Site, App or Services, or any part of them, for any purpose whatsoever;
“User Information” means any information (including Your legal name, address, telephone number, email address and applicable billing information), documents, comments, links or attachments, or videos made on or uploaded to the Site or App by a User;
“You” and “Your” means a User.

Interpretation

In these Terms and Conditions, unless inconsistent with the context or subject matter:

a reference to a person includes any other legal entity;
a reference to a legal entity includes a person;
words importing the singular number include the plural number;
words importing the plural number include the singular number;
the masculine gender must be read as also importing the feminine or neuter gender;
a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of User is used, in which case clauses under that subheading relate to the party referred to in the subheading;
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;
a reference to a statute includes all regulations and subordinate legislation and amendments;
references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
a reference to a monetary amount is a reference to a US dollar amount (unless otherwise specified);
an obligation of two or more parties binds them jointly and each of them severally;
an obligation incurred in favour of two or more parties is enforceable by them severally;
references to time are to local time in Queensland;
where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
a reference to a business day means any day on which trading banks are open for business in Queensland;
if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
a reference to a month means a calendar month; and
a reference to data includes metadata.

Access to Site and App

We grant to You a non-exclusive, non-assignable licence to use the Services to the extent subscribed for, in accordance with its normal and intended functionality and for internal business or personal use only and strictly in accordance with these Terms and Conditions and any Policy.
You acknowledge and agree with Us that You will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Site, App, Content or any part of it, other than the non-exclusive rights granted in accordance with these Terms and Conditions.
The non-exclusive licence does not include the right to use any data mining robots or other extraction tools and does not permit You to metatag or mirror the Site without our prior written permission.
In order to use the Site and App, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:

the provision of any such connection or access to the World Wide Web;
the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a computer and a modem.

If You access or use the Services on behalf of a company or other entity, You represent that You have authority to bind such entity to these Terms and Conditions and that it is fully binding on it. In such case, the term “You” will refer to You personally and such entity jointly and severally. If You do not have authority, You may not access or use the Services.
Access to the Services is only available to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to persons under 18 years of age. If You do not qualify, do not use the Services.
We operate the Site and App from offices based in Australia and server hosts based in the US. Content contained on the App may not be appropriate or available for use in other locations. If You access the App from other locations, You do so at Your own initiative and risk and You are solely responsible for compliance with local laws.

SITE AND App Function

The Services are designed to allow Users to use Content and/or upload User Information to improve their pet’s wellbeing with a healthy diet and exercise.
ANY USE OF THE SITE, APP OR SERVICES NOT SPEFICALLY PERMITTED, DESIGNED OR INTENDED IS STRICTLY PROHIBITED.
We do not warrant or guarantee:

that the Services will provide any function for which it is not specifically designed;
that the Services will provide any minimum level of performance;
that the Services will be virus free or free of performance anomalies or be operational without interruption;
any specific outcomes, content, accuracy or quality of any diet or exercise activities undertaken on the basis of the Services.

Fees for paid services

You acknowledge that access to the Paid Services is subject to payment of the required Fees as notified by Us from time to time. Payment of all Fees must be made in the time and manner directed by Us. All Fees are quoted in US dollars and are inclusive of any applicable taxes, except where otherwise stated.
If You subscribe for access to and use of the Paid Services, You agree as follows:

You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), all applicable Fees as set out on the Site or App;
We reserve the right to increase the Fees, or to institute new charges or fees at any time, upon advance notice communicated to You through a posting on the Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail);
After payment of any initial Fee, any Fee payable on an ongoing monthly basis will be automatically charged to Your credit card or other account up to 15 days prior to the start of each renewal period, unless You cancel Your subscription before You are charged for the relevant renewal period;
In the event we cannot charge Your account, we reserve the right to discontinue or terminate Your use of or access to the Paid Services;
You allow us to share Your User Information with third parties for the purpose of verifying the information You provide and billing Your credit card or otherwise charging You;
If You provide any User Information that is untrue, inaccurate, or incomplete, or We have reasonable grounds to suspect that such is the case, We reserve the right to suspend or terminate Your Account or subscription and refuse any and all current or future use and/or access by You of any of the Paid Services;
You are responsible for any fees or charges incurred as a result of You making a payment in a currency other than US dollars or making a payment from a bank, financial institution or other business or digital platform which uses a currency other than US dollars;
Except for any statutory rights which are unaffected, You agree that all Fees are non-refundable.

If any Fee is not paid by the nominated due date:

access by the User will be automatically suspended;
the User must pay interest on any unpaid outstanding amount calculated at the daily rate of 15% per annum from the due date for payment until the date payment is received by Us; and
the unpaid Fee and interest may be recovered by Us as liquidated damages.

Product and Service Descriptions

We strive to ensure that our Products and Services are described as accurately as possible, however We do not warrant that the description is accurate. Where We become aware of any misdescription, error or omission, We reserve the right to correct it. Images have been provided for illustrative purposes only.
When You subscribe for a Product or a Paid Service, we require You to provide Your name, address for delivery (if applicable), Your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information, You accept that we are not liable for its misuse due to error in transmission or virus or malware.
Products forming part of the Paid Services will be delivered to Your Account or Your email address in an electronic format. Hard copies of Products are not provided. You are responsible for obtaining and holding any program necessary to open and view electronic material (such as Adobe) at your own cost.

RESULTS GUARANTEE

Provided that You:

Subscribe to the Paid Services;
Activate your access to the Paid Services; and
Demonstrate compliance with the plan for Your pet provided to You as part of the Paid Services by completing and uploading:

all required profile data within 2 days of activating your access;
weekly activity details; and
fortnightly weight data;

then We offer a guarantee that Your pet will have results in the form of a reduction in their weight and/or improvement in their wellbeing within 30 days of being provided with the plan for Your pet. If Your pet does not show results within 30 days, We will refund the Fee You paid for the Paid Services so far as it relates to the plan that was provided for Your pet.

USER ACCOUNTS

You can access and use parts of the Services without having to register on the Site or App.
You may register and subscribe to access and use more of the Services, including the Paid Services. In order to register you must provide Your legal name, address, email address and applicable billing information (e.g., credit card number and expiration date). When You register and subscribe, We will create an account with a username and password (“Your Account”).
You warrant that all information provided in relation to Your Account;

Is up to date, accurate and complete;
Is not false or misleading; and
Will be kept up to date at all times.

You must choose an individual username and password when registering Your Account. You are responsible for keeping Your username and password secure and confidential and We and any other User of the Services will assume that anyone using Your Account is authorised by You. Under no circumstances will unauthorised access and use of Your Account reduce Your liability in connection with the Services. This includes Your obligation to pay a Fee or purchase a Product which may result from use of Your Account.
You must notify Us immediately if You become aware of any unauthorised use of Your Account or other security breach which We may consider relevant.
If You are entitled to a statutory cooling off period You may be entitled to change Your mind and receive a full refund provided You give notice within the required period (if no period is specified, then 5 days) and have not accessed or started to use any Paid Services.

Your Obligations

You must comply with all clauses of these Terms and Conditions and all Policies and all other terms and policies incorporated by reference.
You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding Your use of the Services.
Your access to and use of the Services, and any User Information, must not:

be false, inaccurate or misleading;
be fraudulent or deceptive;
impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity;
infringe any third party’s copyright, patent, trade mark, design, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law such as the Competition and Consumer Act 2010 (Cth));
be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
contain comments of a religious, political or social nature;
contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Site or App;
interfere with or disrupt the Services or servers or networks connected to the Site or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or App;
create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider, other Users or other suppliers;
damage the credibility or integrity of the Services or Us;
breach or violate any Policy;
link directly or indirectly to or include anything that:

You do not have a right to link to or include;
could cause Us to violate any applicable law, statute, ordinance or regulation.

You acknowledge and agree that You must not:

commit or permit any act which may interfere with the access to or use of the Services by any other User;
use the Site or App to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;
attempt to gain unauthorised access to the Services or computer systems or networks connected to the Site or App through any means;
tamper with, hinder the operation of or make unauthorised modifications to the Services or any part thereof;
damage or modify the Services or any part thereof;
reverse engineer, decompile or disassemble the Services or any part thereof;
copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Services or any part thereof; or
modify, alter, adapt, disassemble, reverse engineer, decompile or amend any Content or any part thereof in any way.

User Information

You are solely responsible for any User Information which You supply or upload, and You acknowledge that We act as a passive conduit for any distribution and publication of User Information.
You grant Us a You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any of Your User Information and any name, username or likeness that You post on or in connection with the Services in all media formats and channels now known or later developed without compensation to You. This license ends 3 years after the date You delete Your User Information or Your Account.
The Services may provide You with the ability to select whether certain User Information is to be treated as private or public. We will maintain the privacy of User Information in accordance with Your selections.
The Services may provide You with the ability to share certain User Information to Our Facebook and other social media pages. Any User Information shared will be titled with Your pet name and location only. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any of Your User Information as it appears on Our Facebook or other social media pages.
You acknowledge and agree that:

We only act as a portal for the distribution and publication of User Information;
We do not proactively and routinely screen or monitor User Information uploaded to the Services by others;
We do not guarantee the accuracy, legality, integrity, completeness or quality of any User Information;
We make no warranty that User Information is actually made available on the Site or App;
We are not responsible for, and do not endorse, User Information uploaded to the Services;
We have the right (but not the obligation) to take any action deemed appropriate by Us with respect to User Information;
We have no responsibility or liability for the deletion or failure to store any User Information, whether or not it was actually made available on the Site or App;
We are not liable or responsible for any Loss that You may experience in submitting or viewing User Information or for use of User Information including without limitation User Information which is contains errors or omissions or it offensive, indecent or objectionable.

Without limiting any other clause of these Terms and Conditions, You represent and warrant that Your User Information:

will not infringe upon or misappropriate any intellectual property or other rights of any person;
will not violate any law or regulation;
will not be defamatory or libellous;
will not be obscene;
will not include incomplete, false or inaccurate information; and
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Privacy

All personal information that We process on the Site or App or through the Services or through email or any other means will be managed and used in accordance with Our Privacy Policy.
You acknowledge that;

You authorise Us to use, store or otherwise process any information including personal information which relates to and/or identifies You, including, but not limited to, Your name, company or business name, email address and postal address (“Personal Information”), to the extent reasonably necessary for the provision of any Services or Products to You.
You must ensure that the Personal Information You provide to Us and that all registration details (where applicable) contain Your correct name, address, e-mail address and other requested details.
By accepting these Terms and Conditions, You agree to the processing and disclosure of the Personal Information for the purpose of Us providing the Services.

We also receive data from or about the computer, mobile phone, or other devices You use to access the Services. This may include network and communication information, such as Your IP address or mobile phone number, and other information about things like Your internet service, operating system, location, the type (including identifiers) of the device or browser You use, or the pages You visit.

Nature of Services and Content

The Services contain Content prepared by Us or by third parties at Our request which is of a general nature on matters of interest only, including information relating to health, diet and wellbeing issues and products for pets. The Services encourage a healthier pattern of diet and exercise and the development of healthy lifestyle habits for Your pet, however it isn’t intended to treat any illness or disease.
We are not a medical organisation and do not provide medical advice or diagnoses. Nothing contained in the Site or App should be construed as such advice or diagnosis. The information and plans generated by us should not be used or interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified veterinarian.
You expressly agree that We do not provide veterinarian advice via the Services. The Content, Products and any User Information, is not intended to be and should not be used in place of the advice of Your pet’s veterinarian or a visit, call or consultation with Your pet’s veterinarian. Should you have any health related questions or concerns, please call or see Your pet’s veterinarian promptly. You should never disregard veterinarian advice or delay in seeking veterinarian advice because of any matter comprises in the Services, and you should not use the Services or any part of them for diagnosing or treating a health problem.
The Services and, in particular, the Products forming Part of the Paid Services, are developed by respected veterinarians. However, YOU ARE URGED AND ADVISED TO HAVE YOUR PET THOROUGHLY EXAMINED BY A VETERINARIAN BEFORE USING THE SERVICES or beginning any weight loss effort or regime. We also urge You to have periodic check-ups with your pet’s veterinarian. This is especially important for pets with known medical conditions.
We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Services or any User Information. In no event will We or any Related Entity, officers, directors, agents, employees, consultants or contractors be liable to a User or any third party for any decision made or action taken or omission in reliance on the information in the Services or User Information or for any Loss, even if advised of the possibility of such damages.
WITHOUT LIMITING ANY OTHER CLAUSE, TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND USER INFORMATION ARE PROVIDED WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF IT, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ACKNOWLEDGEMENTS

Without limiting any other clause, You acknowledge that:

the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, You acknowledge and accept the risk that any communication to or from the Site or App may be intercepted, used or modified by third parties;
You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site or App including Content and User Information;
You accept all risks and responsibility for all Loss resulting from Your use of the Services or the material on or accessible through the Site or App;
We may change any of the Content at any time without notice but have no obligation to do so; and
No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect Your User Information, We do not warrant and cannot guarantee the security of Your User Information which You transmit through the Site or App. Accordingly, any User Information which You transmit through the Site or App is transmitted at Your own risk. Nevertheless, once transmitted We will take reasonable steps to preserve the security of such User Information. You must inform Us immediately of any breaches of security or unauthorised use of Your User Information.

Intellectual Property AND DATA

The Services and all parts thereof, including the Content, are protected by copyright and other proprietary rights and remain the property of Us.
You acknowledge and agree that We own the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to You other than the rights granted expressly by these Terms and Conditions.
You must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as Your own.
You undertake not to take or permit or omit any action which would or might:

invalidate or put in dispute Our title in the Intellectual Property or any part of it;
oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
support any application to remove or undo Our title in the Intellectual Property or any part of it; or
assist any other person directly or indirectly in any of the above.

The parties agree that any intellectual or industrial rights in any additional or further or new works, material or information created, formulated or discovered during or after Your use of or access to the Services, excluding Your User Information, will be the sole and exclusive property of Us and You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further intellectual property rights to Us.
Without limitation, the “Wagsta” logo and name are owned by Us, and may not be used as part of Your business or in connection with any goods or services without Our prior written consent which shall be given, given with conditions or withheld at Our absolute discretion.
You acknowledge and agree that You will not copy, reproduce, alter, modify, create derivative works, or publicly display the Services, Site, App or any part of it unless with the prior written permission from Us or the appropriate third party authorised to grant such permission and when doing so You must acknowledge Us and, for electronic uses, include a link to Our Site or App.
We may at Our sole and absolute discretion refuse or remove any Content or User Information from the Site or App.
If You are subject to the Digital Millennium Copyright Act (U.S.) You may have recourse if You believe that material appearing on the internet infringes Your copyright under United States copyright law.

LINKS AND ADVERTISING

The Site or App may contain links to third party websites. Those websites are not under Our control and We are not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites. Neither Us nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the content of any third party websites which may be linked to or from the Site or App, or goods or services of any third party organisations mentioned or described on this Site or App or linked to or from the Site or App. You acknowledge that You enter any third party websites at Your own risk.
The Site or App may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Use nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the goods or services that may be advertised on the Site or App, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If You choose to order a good or service advertised by a third party on the Site or App, You do so at Your own risk.
You must not link the Site or App from any other website not owned or operated by Us without Our prior written consent.

Upgrades

You acknowledge and agree that these Terms and Conditions apply to updates, supplements, add on components, or internet based services or components of the Site or App together with any other terms along with the update, supplement, add on component or internet based services or components which We provide.
We reserve the right to discontinue any internet based services provided to You or made available to You through the use of the App at any time.

General Maintenance and Technical Support

Access to or use of the Services does not entitle You to any technical support, telephone assistance, or enhancements or updates, however this does not prevent Us from offering such services at Our sole discretion.
We will endeavour to carry out any non-urgent support services, upgrades, updates, supplements, add on components, or other internet based services or components outside of usual business hours. We will provide reasonable notification of any anticipated downtime.

Breach and termination

Without limiting other remedies available to Us at law, in equity or under these Terms and Conditions or any other Policy or otherwise, We may, in Our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your use of the Services or any part of them and/or refuse to provide the Services, or any part of them, to You (including preventing You from accessing the Site or App) if:

You breach these Terms and Conditions or any Policy or the terms and policies those documents incorporate by reference, including as to payment, and fail to remedy the breach within 2 business days of Our notice to do so; or
We are unable to verify or authenticate Your User Information; or
We believe that Your actions may cause legal liability for You, other Users or Us; or
In Our sole opinion, Your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Services or any part of them (or the operation thereof) or Us; or
We suspect that You (by conviction, settlement, insurance or escrow investigation, or otherwise in Our sole discretion) have engaged in fraudulent or deceptive activity in connection with Our Site or App.

We may immediately terminate Your Account and/or Your access to or use of the Services if:

discontinuance or material modification to the Services (or any portion thereof),
unexpected technical or security issues or problems;
prolonged force majeure; and/or
extended periods of inactivity.

In addition to any other rights either party may, by one (1) months’ written notice to the other, terminate a User’s access to the App. Any amounts paid in advance will be refunded at Our discretion.

Effect of expiry or Termination

On expiry or termination of a User’s access to the Services, Site or App:

We will cease to provide access to and use of the Services;
the User must destroy all evidence of any usernames, passwords, internet protocol addresses and other like matters;
all payments previously made by, or on behalf of the User, remain the property of Us and no party may make any claim in respect of such payments;
We may, but are not obliged to, delete all User Information which is held in the Site or App or otherwise in the records of Ours.

You agree that all terminations for cause shall be made in Our sole discretion and that We shall not be liable to You or any third party for any termination of Your account or access to the Services or loss of User Information.
Terms capable of doing so shall survive termination of Your Account and/or the Services.
Any rights which may have accrued to either party shall be unaffected.
All rights contained in these Terms and Conditions which are capable of doing so shall survive the expiration or termination of these Terms & Conditions.

Warranties and disclaimers

We provide the Services, Site and App on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law:

We specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement;
We do not guarantee continuous, uninterrupted or secure access to the Services, Site, App, Content or User Information, and You acknowledge that operation of Services may be interfered with by numerous factors outside Our control;
We make no representations or warranties of any kind, express or implied that:

the Services will be operational;
the Services will meet Your requirements;
the Services will have a particular impact on your pet or your pet’s weight or wellbeing or that any results will be accurate or reliable;
Your access to or use of the Services, (including any related or linked websites), will be uninterrupted, timely, secure or error-free;
the Services, including the Products and Content and the User Information, will be correct, accurate, timely, or complete; and
Any errors in the Services will be corrected.

We do not warrant that:

The Site or App will provide any function for which it is not specifically designed;
The Site or App will provide any minimum level of performance;
The Site or App will be virus free or free of performance anomalies or be operational without interruption;
The Site or App will be free of inaccuracies or typographical errors.

You warrant that You have not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in these Terms and Conditions.
You warrant and acknowledge to Us that as at the date of these Terms & Conditions and for the duration of these Terms and Conditions:

You Were not relying on any representation made by Us;
the particulars as provided in Your Account are true, accurate and complete in every respect and are not misleading in any way;
all User Information You provide is true, accurate and complete and not misleading in any way;
You will promptly advise us of any changes in Your personal details;
You have the legal right and power to enter into these Terms and Conditions;
Your acceptance and performance of these Terms and Conditions has been duly and validly authorised by any necessary corporate action;
these Terms and Conditions are valid and binding on You, enforceable in accordance with their terms;
You are not insolvent and no controller has been appointed over any part of Your assets;
You are not bankrupt or in liquidation or administration and no proceedings have been brought or threatened for the purpose of bankrupting or winding You up.

Limitation of Liability

In no event shall We or any Related Entity, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with:

The Services;
Our Site or App;
Any User’s use of the Site or App or inability to use the Site or App;
any failure or performance, error, omission, interruption, defect, delay in operation or transmission;
line or system failure or the introduction of a computer virus or other technical sabotage; or

even if We or Our employees or representatives are advised of the possibility or likelihood of such Loss.

WHERE THE LAWS OF ANY COUNTRY OR STATE IN WHICH THESE TERMS AND CONDITIONS ARE EFFECTIVE IMPLIES INTO THESE TERMS AND CONDITIONS ANY TERM, CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THESE TERMS AND CONDITIONS PROVIDED THAT THE LIABILITY OF US, ANY RELATED ENTITY AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR A BREACH OF ANY SUCH TERM, CONDITION OR WARRANTY, INCLUDING ANY LOSS WHICH YOU MAY SUSTAIN SHALL BE LIMITED, AT OUR OPTION, TO:

IN THE CASE OF OUR SERVICES, THE SUPPLY OF THE SERVICES AGAIN, OR THE PAYMENT OF HAVING THE SERVICES RESUPPLIED;
IN THE CASE OF OUR PRODUCTS, THE PROVISION OF REPLACEMENT PRODUCTS OR THE PAYMENT OF OBTAINING REPLACEMENT PRODUCTS;
IN ANY OTHER CASE, THE LESSER OF THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND AU$100.00.

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.

Release

YOU RELEASE US AND ANY RELATED ENTITY AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE FROM ITS LIABILITY FOR ANY LOSS ARISING OUT OF THE USE OR INABILITY TO USE OR RELIANCE ON THE MATERIAL OR INFORMATION AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE OR APP, EVEN IF WE HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES AND WHETHER OR NOT CAUSED BY ANY NEGLIGENT ACT OR OMISSION.
Without limiting these Terms and Conditions, You release us from any Loss arising from the use of, or reliance on, the Services, whether or not caused by any negligent act or omission including but not limited to:-

Your reliance on the Services;
any change in Your pet or Your pet’s weight or wellbeing;
the conduct of any other User;
other Users’ content, actions or inactions;
loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Services or any part of them;
the statements or actions of any employee or agent of Ours;
information, data or other material provided to You by Us;
any unauthorised access to or alteration of Your transmissions or data including User Information;
any information that is sent or received or not sent or received;
any failure to store or loss of data or files or other content;
Your fraudulent, negligent or otherwise unlawful behaviour;
the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions that encourage or represent conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law

You expressly agree that any athletic activities (including, but not limited to, walking and running or following an exercise plan developed by Us) carry certain inherent and significant risks of property damage, bodily injury or death to You or Your pet and that You voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Us or by the action, inaction or negligence of others.
You expressly agree that We do not assume responsibility for the inspection, supervision, preparation, or conduct of any activities carried out based on the Services or provided as a Product or part of one.

Indemnity

You agree to indemnify and hold Us and any Related Entity, and Our officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including reasonable solicitors’ fees and claims made by third parties, due to or arising out of or in connection with:

Your access to or use or misuse of the Services;
The Site or App;
Your use or misuse of any Products, including use of diet plans or participation in any athletic activities, arising from or based on the Services;
Your breach of these Terms and Conditions or any Policy;
Your violation of any law or the rights of a third party.

even if We had been advised of the possibility of Loss.

Miscellaneous

Accessing or using the Services or any part of them and uploading User Information is done so at Your own risk and You will be responsible for compliance with the laws within Your jurisdiction.
Publication of electronic addresses in the App is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
These Terms and Conditions are governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland. The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them. However, for Our exclusive benefit, We also retain the right to bring proceedings for urgent or injunctive legal or equitable relief in the courts of Your country of residence or Your principal place of business.
These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable are unaffected by the severance.
You agree that these Terms and Conditions and all incorporated agreements may be assigned by Us, in Our sole discretion, to a Related Entity or third parties. You may not assign these Terms and Conditions without Ours express prior written consent.
Our failure to act with respect to a breach by You or others does not constitute a waiver of that breach or waive Our right to act with respect to that breach or subsequent or similar breaches.
No waiver by a party of a provision of this Agreement is binding unless made in writing.
You agree that these Terms and Conditions may not be construed adversely against Us solely because We prepared them.
Unless otherwise specified, these Terms and Conditions and the Policies comprise the entire understanding and agreement between You and Us with respect to the subject matter hereof.
Nothing in these Terms and Conditions or Your use of the Services establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
Any notice or demand in writing required to be given by Us to You shall be sufficiently served if:

served personally or by pre-paid mail to Your last known address;
sent by facsimile machine to Your facsimile machine;
sent in electronic form by email to Your email address; or
published by notice on the Site.

Wagsta Terms and Conditions

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