Terms & Conditions (Terms of Use)

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time.

Our Services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

Prohibited Conduct

In relation to the Website, you must not:

  • use the Website for any activities, sales or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use the Website to send unsolicited email messages;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the Website or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Responsible Pet Breeders Australia (RPBA) and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trademark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may by no means make a temporary copy of the Website at any time.

You must not:

  • reproduce or use any of the material on the Website for commercial purposes, including sale;
  • in any way modify the material on the Website; or
  • cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third party links

The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website.  We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights).  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

  • all material on the Website is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation Of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to our Privacy Policy.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

We rely upon your continued observance of the Terms of Use.  If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages, and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries.  If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contact Us

Please email us if you have any questions relating to these Terms of Use.

Terms of Use last updated on 2 July 2019.

­ MEMBERSHIP TERMS

Please read the following terms relating to the services, which are provided by The Trustee for Responsible Family Trust (A.B.N.50 932 597 038) (we, us, our, or RPBA).

Your decision to register to become a Member and access the Service means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (Terms). These Terms govern your use of the services offered under the ‘Probationary Member (Level 1)’ and/or the ‘Full Member (Level 2)’ membership services (the Service). Your access to the Service is conditional upon your acceptance and ongoing compliance with these Terms.

We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the Service. This may result in additional services being provided, or some of the existing services being terminated.

Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

How to access the Service

Responsible Pet Breeders Australia (RPBA) provides the following to its members:

  • provides members when requested with ongoing advice, feedback on audits/dog housing and community support
  • provides members with an RPBA registered breeder number
  • provides members with a member certificate when requested via email and a member badge
  • provides members with a listing on the RPBA full member or probationary member breeder list
  • RPBA will forward on any potential buyer email requests to applicable members
  • RPBA members must uphold the RPBA animal code of ethics and welfare standards
  • provides reasonable membership fees
  • RPBA is in partnership with Orivet DNA testing and all RPBA full members get access to discounted DNA testing.
  • RPBA is in partnership with Stay Loyal dog food and all probationary and full RPBA members will receive an exclusive food discount.
  • RPBA is in partnership with a ­pet’s classifieds website and all RPBA full members get access to free ad upgrades.

You must be a current and valid member to access the Service and the associated benefits.

Once you become a Member, your Membership is ongoing for as long as you continue to pay membership fees, or until such time that your Membership and/or agreement with us is terminated, in accordance with these Terms. 

Membership

Membership entitles you to a non-exclusive, non-transferable right to access and use the Service, subject to these Terms. Membership occurs when you register to become a Member, at which time, you warrant and represent that:

  • you meet all applicable legal requirements, including age requirements, for doing so;
  • you have authority to agree to these Terms;
  • the personal information you provide when registering to become a Member is accurate, and that you will keep your contact information up to date;
  • you will not use any user name or display name that is likely to mislead or deceive other users;
  • you will not use any user name or display name that incorporates the name, image or likeness of another person;
  • you will not at any time have more than 10 breeding bitches or cats and/or 10 undesexed female cats or dogs
  • you will, at all times, abide by the Code of Ethics & Standards, as set out by RPBA;
  • you will, at all times, fully comply with all legislation that may apply to you;
  • you will keep your Membership secure and that you will not share your password or Membership, or do anything else so as to jeopardise the security of your Membership;
  • you will notify us immediately if you believe that any files or information you have accessed via the Service contains viruses, spyware or other forms of malware;
  • you have read and understand the Terms and agree to be bound by them; and
  • you will only use the Service and your Membership for lawful purposes.

You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Membership user name, passwords and other security features, confidential and secure to prevent unauthorised use of your Membership. If you reasonably suspect that the security of your Membership is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Membership.

To the full extent permitted by law, we exclude liability or responsibility for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the security of your Member Account, resulting from your act or omission to act.

From time to time, you may change information relating to your Membership. You undertake to update your Membership details with true and accurate information at all times. We undertake to take all due care with any information you provide to us when creating, updating and accessing your Membership, and we are bound in compliance with Australian privacy laws, as set out in our Privacy Policy.

Probationary Members

All Probationary Members agree that once twelve (12) months has passed from the beginning of their membership, they will be required to arrange for their premises to be audited by a practising veterinarian. You agree that if you do not submit an acceptable audit report to us within three (3) months, then your membership may be cancelled until an acceptable audit is submitted to us.

Prohibited Conduct

In relation to the Website and/or Service, you must not:

  • use the Website and/or the Service for any activities or post or transmit via the Website and/or Service, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website and/or Service to post or transmit any material which interferes with other users or defames, trolls, harasses, bullies, intimidates, threatens, abuses, menaces or restricts any person or which inhibits any user from using the Website and/or Service;
  • use the Website and/or Service to post or transmit any material where doing so violates the intellectual property rights, confidentiality or trade secrets of another party;
  • use the Website and/or Service to post or transmit content that contains violence (including self-harm), hate speech, obscenity, nudity or pornography;
  • use the Website and/or Service to send unsolicited email messages;
  • use the Website and/or Service to express any view that may be of a religious, political, sexist or financial nature;
  • use the Website and/or Service for the purpose of advertising, selling or offering for sale, any third-party product or service;
  • use the Website and/or Service to post or transmit content that contains, or amounts to, advertisement, attempted business solicitations, marketing materials or sales promotional materials;
  • in any way tamper with, hinder or modify the Website and/or the Service;
  • knowingly transmit any viruses, spyware or other forms of malware or other disabling features to the Website and/or Services or via the Website and/or the Service; or
  • attempt any of the above acts or encourage, or facilitate, or assist another person to do any of the above acts.

You agree and acknowledge that:

  • some views expressed by other Members are of a personal nature and, therefore, you must not vilify any other Member for expressing their own views; and
  • all posts made by other Members are for the greater good of all Members and should be made in consideration of the sensitive nature of emotions, in difficult stages of life.

Monitoring

RPBA may monitor the activities and conduct of Members. We may also use keyword monitoring whereby certain keywords may alert and trigger an investigation. RPBA reserves the right to employ any other measures we deem reasonable to monitor users in order to prevent the misuse of the Website and/or the Service in regards to any illegal or criminal activity, or other activity contrary to these Terms.

Payment For The Service

You acknowledge and agree that:

  • the Membership Fee must be in either monthly or annually installments via PayPal, or any other payment facility approved or offered by RPBA;
  • RPBA reserves the right to vary the Membership Fee, from time to time; and
  • the Membership Fee is non-refundable, where the Service has been provided in accordance with these Terms.

The Membership Fee is in Australian Dollars (AUD).

Term Of Agreement

Commencement

These Terms commence on the Membership Date and will continue, until such time that they are terminated under these Terms.

Acceptance will be deemed to have occurred when RPBA communicates its acceptance to you in writing, including via email.

Data Collection

RPBA may gather the data that you provide at the time of registering to become a Member. This data will be used only in accordance with the RPBA privacy policies, as referred to above in these Terms.

Termination

RPBA may terminate these Terms if you have committed any material breach of these Terms or of the Code of Ethics available at https://responsiblepetbreeders.com.au/about-us/. We may also terminate your membership in the case of a breach capable of being remedied, if you have failed to remedy the breach within ten (10) days after the receipt of a written request from RPBA.

You may terminate your Membership with RPBA at any time by notice to us in accordance with these Terms.

RPBA will, upon termination of your Membership and/or these Terms disable your user name and password and consequently, deny you access to the Service.

Representations and warranties

Subject to all applicable laws, all Services provided to you by RPBA via the Website are provided ‘as is’ and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

Exclusions and Limitations of Liability

To the extent permitted by law, RPBA will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

  1. suspension or cancellation of your Membership;
  2. your use of the Service;
  3. any interruptions or delays in accessing the Website or any third-party websites; or
  4. circumstances beyond the reasonable control of RPBA,

whether in contract, tort (including negligence) or otherwise.

All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:

  • the resupply of the Service; or
  • the payment of the Membership Fee, where applicable

Indemnity

To the full extent permitted by law, you agree to indemnify RPBA from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of the Service.

Notices

Any notice to be given by RPBA under these Terms, or in relation to the Service, must be provided to us via email. Such notice shall be deemed to have been given at the time the email was received by RPBA.

Assignment

You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, except with the prior written consent of RPBA.

Miscellaneous

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website and/or Service may not be legal by certain persons or in certain countries. If you access the Website and/or Service, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction, and any other laws applicable to you.

All rights not expressly granted in the Terms are reserved.

If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Where you have deleted data, including personal information, such data may persist in back-up copies for a reasonable time.

Jurisdiction And Applicable Law

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms. This clause will survive a termination of these Terms.

DEFINITIONS

In this document:

Member means the person, who has registered to become a RPBA member.

Membership means a RPBA membership.

Membership Date means the date that a person registers to become a Member.

Membership Fee means the fee that is payable to RPBA, in relation to a Membership.

Service means the service that RPBA provides to its Members, pursuant to the ‘Probationary Member (Level 1)’ and/or the ‘Full Member (Level 2)’ memberships.

Terms means this RPBA Membership Terms document.

Website means the website displayed at www.responsiblepetbreeders.com.au.

Contacting us

Please email us if you have any questions relating to these Terms.

These Membership Terms were last updated on 2 July 2019.

SOCIAL MEDIA TERMS

The Trustee for Responsible Family Trust (A.B.N.50 932 597 038) (we, us, our, or RPBA) The RPBA offers its social media pages as a service to provide you with information about us, our services, and other matters of interest. Our social media pages are available to the public and are openly available to all users of the relevant social media website.

Our social media pages are those pages on social media websites including, but not limited to, Facebook, Twitter, Pinterest, Instagram, YouTube, that are identified as being a web page associated with RPBA (Social Media Pages). To avoid any confusion between a third party social media page and our own, a link to each Social Media Page that is associated with RPBA can be found on our website (our Website). We do not associate ourselves with, or provide any warranties as to the quality, content or legality of any social media page that is not linked to from our Website.

In accessing and using our Social Media Pages, you must comply with any relevant terms and conditions associated with the relevant social media channels, as well as with these terms and conditions.

Content On Social Media Pages

Regardless of whether it was posted and/or uploaded by us or a third party, RPBA:

  • does not endorse any comments, advice, statements, visuals, audio, videos or other material (Content) posted to our Social Media Pages;
  • does not represent or warrant the accuracy of Content posted to our Social Media Pages; and
  • will not be liable for any Content posted to our Social Media Pages.

Whilst we may not monitor all Content that you post to our Social Media Pages, we expect that you will not post any Content that we may deem to:

  • be defamatory, abusive or hateful, intimidating, or misleading;
  • constitute junk mail or bullying;
  • infringe a third party’s rights; or
  • breach any other laws.

In the event that you do post such material, we reserve the right to remove that material from our Social Media Pages immediately and without notice to you.

We will also remove, without notice to you, any unapproved Content that is commercial in nature. RPBA is not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.

Third Party Links

RPBA may, from time to time, provide hyperlinks to third party websites (Linked Websites). We do not control content posted on the Linked Websites, and we are therefore not responsible for any content found on them. We provide hyperlinks to Linked Websites for your convenience only, and do not endorse or approve any of the content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided on the Linked Websites.

Intellectual Property

By uploading Content to a Social Media Page, you grant RPBA a worldwide non-exclusive, sub-licensable, royalty-free license to:

  • use, reproduce, distribute, display, publish and adapt any part or all of the Content;
  • publicly promote, endorse or market the Content in any way whatsoever, including via the Social Media Pages or otherwise; and
  • perform or carry out any actions associated with achieving any of the above.

RPBA may use the Content for any period of time beyond your removal of the Content from the Social Media Pages.

Privacy Policy

By agreeing to these Social Media Terms, you also agree to the terms of our Privacy Policy.

Miscellaneous

To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Social Media Pages by you.

We do not make any claims that the information or Content on the Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. If you access any Social Media Pages, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Contact Us

Thank you for taking the time to observe our Social Media Terms. Please email us if you have any concerns about any Content on our Social Media Pages.

Social Media Terms last updated 2 July 2019.