Terms & Conditions – Sniffr Partners & Sniffr Members

The sniffr.com.au website (Site) and mobile application (App) are owned by JYHM Pty Ltd t/as Sniffr ABN 65 617 104 659 (referred to as Sniffr, We or Us). The Site and App connects people who want to buy dog related products and or services (Members) with businesses and people who are willing to provide dog related products and or services (Partners) by facilitating introductions between Members and Sniff Partners (Services).

1. Agreement

  1. These Terms and Conditions (Terms) form a binding legal agreement between Us and each person, organisation or entity accessing, viewing or using the Site, App and Services, including Members and Sniffr Partners (referred to as User or You). By accessing or using the Site, App and Services, each User agrees to comply with and be legally bound by these Terms. Sniffr Partners and Members will also be asked to click “I Agree” when registering for an Account as a Sniffr Partner or Member. Please read the Terms carefully. If there are any questions, please contact Us using the contact details at the end of these Terms.
  2. The User’s access and use of the Site, the App and the Services indicates that:
    1. the User has had sufficient opportunity to access the Terms;
    2. the User has read, accepted and will comply with the Terms;
    3. the User has legal capacity to enter into a contract for sale; and
    4. the User is 18 years or older.
  3. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
  4. We may amend these Terms from time to time with immediate effect upon giving Users notice of the varied Terms via the Site and App. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate their Account created under these Terms without penalty upon receiving the notice of varied Terms. We recommend that each User check the current Terms, before continuing use of the Site, App or Services.
  5. These Terms supplement and incorporate Our policies and terms and conditions, including without limitation the Website Terms of Use, Privacy Policy posted on the Site and App.
  6. Our Privacy Policy and Website Terms of Use set out how We collect, use and protect the personal information of our Users.

2. Site and App Summary – Introductory Service Only

  1. The Site, the App and the Services provide an introductory service for Sniffr Partners and Members.
  2. A Sniffr Partner with an ability to perform services and/or to provide the goods (1) at our discretion creates an account on the Site and App or completes an application form for the Partner’s profile to be added to the Site (2) posts an advertising listing or article on the Site or App and (3) undertakes to provide exclusive discounts or free gifts to all Members during the time you are a Partner of Sniffr. The discount will be in a form of a code which will be provided by Sniffr and or Partner. Discounts can also be accessed by a valid Membership card issued by Us to Members. It is important that Partners comply with the use of the codes with specific reference to the active period of the codes. From time to time Sniffr will run giveaway, competitions and prizes for its Members. When you participate as a Partner supplier of a product and or service Partner warrants that all products and services comply with all applicable laws, standards and code of conduct.
  3. A Member with a requirement for a service to be provided or a good to be acquired (1) creates an account on the Site or App and (2) may be eligible for certain discounts from Sniffr Partners for certain products or services which they may redeem using a discount code or card provided to them. We do not warrant that any discounts will be available at certain times or for certain products or services or will be suitable for a particular Member.
  4. If a Member or Sniffr Partner wishes to complain about any comment made on the Site or App, they must email Us at legal@sniffr.com.au.
  5. Each User understands and agrees that the Site and the App is an online introductory platform only, and that Our responsibilities are limited to facilitating the user functionality availability of the Site, the App and the Services. We are not an employment agency or labour hire business. By accessing or using the Site or App, You acknowledge that Sniffr Partners and any Site or App content contributors are not our employees, contractors, partners or agents.
  6. We are not a party to any agreement entered into between a Sniffr Partner and a Member. We are not a referrer or booking agent, and provide no such related services. We have no control over the conduct Members, Sniffr Partners and any other Users of the Site, the App and the Services. We disclaim all liability in this regard, as set out in these Terms.
  7. Any arrangement between a Sniffr Partner and a Member is solely between the Sniffr Partner and Member. It is strictly and expressly not part of the User’s agreement with
  8. We accept no liability for any aspect of the Member and Sniffr Partner interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. We do not assist or involve Ourselves in any way in any dispute between a Member and an Sniffr Partner.
  9. All information related to services to be performed or acquired or goods to be provided or acquired is supplied by Site and App Users. We do not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Site or App.
  10. You expressly agree that We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Members and Partners), including, but not limited to, the ability of Sniffr Partners to perform tasks or supply items, or the honesty or accuracy of any information provided by Members or the Partners or the ability of Members to pay for the services or goods requested.

3. Online Registration

  1. A User can browse and view the Site and App as an unregistered user of the Site or App. A Member must register on the Site and create an account and a Partner must complete an application form for the Partner’s profile to be added to the Site (Account) to access some Services and features on the Site and the App, including creating a profile, posting an advertisement or article or to be eligible for our discounts program.
  2. Each User may only have one (1) Account on the Site and App including a profile.
  3. Basic information is required when registering on the Site or App for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
  4. Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to Us proves to be inaccurate, not current or incomplete.
  5. To keep information secure and confidential, We use SSL Certificates to establish an encrypted link between a server and a User. Users may be requested by Us to change their passwords at regular intervals.  Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.
  6. It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its Account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
  7. An Account and the information to which the Account is privileged is personal to Members and Partners and may not be used, shared or transferred any other person. The User will immediately notify Us of any unauthorised use of its Account.
  8. At our absolute discretion, We may refuse to allow any person to register or create an Account.

4. Users and User Profiles

  1. Users who have created a Member or a Partner Account are permitted to create profiles. The User’s profile for its use of the Site and App is created from the personal information it provides to Us.
  2. Each User acknowledges and agrees that it is responsible for its own profile.
  3. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. We cannot guarantee that other Users have genuine intentions.
  4. Each User should report to Us, any activities or requests of Users which are, or which the User reasonably believes to be:
    1. suspicious;
    2. inconsistent;
    3. illegal; or
    4. likely to have a negative effect on Our reputation, the Site, the App, Services and/or a User.
  5. Each User acknowledges and agrees that while the Site and App allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
  6. Each User represents and warrants that any content that it provides and profile that it posts:
    1. will not breach any agreements it has entered into with any third parties;
    2. will be in compliance with all applicable laws, tax requirements, rules and regulations and licencing and insurance requirements that may apply to any User in its local area and country; and
    3. will not conflict with the rights of third parties.
  7. For the avoidance of doubt, we assume no responsibility for a User’s compliance with any applicable laws, rules and regulations.
  8. We reserve the right, at any time and without prior notice, to remove or disable access to any Account and/or profile and/or listing for any reason, including Accounts, feedback and/or profiles and/or listings that We, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.

5. Ratings and Reviews

  1. Users may rate a Sniffr Partner’s performance of a service or product supplied (Rating). A Member may also provide feedback to a Sniffr Partner regarding Sniffr Partner’s services or products purchased by that Member (Review).
  2. Ratings and Reviews of a Sniffr Partner can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Sniffr Partner’s Account, profile and listing is removed or terminated.
  3. A Member must provide true, fair and accurate information in their Review.
  4. If, in Our reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, We may delete the Review or ban the Member from posting the Review. We do not undertake to review each Review made by a Member.
  5. Users must not post any Review that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or profile;
  6. To the fullest extent permitted by law, We are not responsible for the content of any Reviews.

6. Forums and Competitions

  1. The Site and App may have a forum on which Users are able to communicate. Members may have access to additional forum features.
  2. We ask Users to limit their discussions to topics which are relevant to the Site, App and Services.
  3. The Site and App may have a calendar feature for Members to add various dog events around Australia on a “shared calendar”. We will not be liable if any such calendar entries are posted incorrectly or not posted.
  4. From time to time, we may run dog photo competitions in which Users enter personal information and submit a photo of their dog. We select finalists and winners. In some competitions, the winner is chosen by a public vote of Users.  In our sole discretion, we determine how competitions are run and how we pick finalists and winners.
  5. We reserve the right to remove any posts by Users which We, at our sole discretion, deem to be inappropriate.
  6. Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.

7. Fees and Payments

  1. There is no charge for Users to review content on the Site or App.
  2. Members and Partners must register to create an Account and must pay the applicable Service fee (Service Fee) for an annual term in advance (Term). Payment methods include Paypal, credit card or by bank transfer. All Terms automatically renew unless the User gives us at least 30 days written notice prior to the end of the current Term. Member Accounts will become immediately active and the Term for a Member commences from such time. Partner Accounts will become active on the first day of the month following the month in which the Account was opened and the Service Fee and commencement of the Partner Term applies from such date.
  3. We may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service fees is immediately effective upon us publishing such change on the Website and App and be applicable for the next billing period after such change.
  4. To the extent permitted by law, all fees and charges payable to Us are non-cancellable and non-refundable.
  5. Partners agree that Partners must pay all Service Fees even where:
    1. your listing (or part of it) is not published due to a breach of these by you;
    2. your listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
    3. the format or placement of the listing has been varied by Sniffr; or
    4. you believe your listing has not resulted in the number of enquiries you expected to receive as a result of the listing on the Site or App.

8. Dispute Resolution

  1. By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Sniffr Partner, Member, or other third party, will be limited to a claim against the Sniffr Partner, Member or other third party, who caused harm to him or her. We encourage Users to communicate directly with the relevant Sniffr Partner, Member or third party to resolve any disputes.
  2. If there are any complaints from a User against Us, We will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Our response, the User and We agree to the following dispute resolution procedure:
    1. The complainant must tell Us in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Us agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
    2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Us may refer the matter to a mediator. If the User and Us cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator.  The mediator will decide the time and place for mediation.  Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
  3. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

9. Termination of Account

  1. If a User wishes to cancel its Account, it will need to do so by writing an email to the address at the end of these Terms. Users can also deactivate their Account at any time via the Site or App.
  2. No refunds will be made upon termination, including where we terminate these Terms for your breach of these Terms.
  3. If a User terminates its Account with Sniffr during the Term and the User has paid the Service Fees in advance, the User will not be entitled to a refund of any amounts paid during the Term.
  4. If a User terminates its Account with Sniffr during the Term, any fees payable by User for the unused part of the Term will become immediately due and payable.
  5. If your Account is terminated and you pay the Service Fees by direct debit, Sniffr will cancel your direct debit arrangements provided you are up to date with payment of all Service Fees. If there are any amounts owing to Sniffr at the date of termination, you authorise Sniffr to direct debit all overdue amounts from your nominated account.

10. Consumer Guarantees

  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by Us to the User which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that Our liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.
  3. We exclude all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

11. Refund Policy

  1. Any cancellation, exchange or refund of a Sniffr Partner product and/or Sniffr Partner service is strictly a matter between the Sniffr Partner and the Member.

12. Intellectual Property

  1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site or App is owned, controlled or licensed to Us (or its affiliates and/or third party licensors as applicable) (collectively Intellectual Property).
  2. The User agrees that, as between the User and Us, We own or hold the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Us or the owner of the content.
  3. Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
  4. Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder or Intellectual Property owner.
  5. Users of the Site or App do not obtain any interest or licence in the Intellectual Property or Third Party Marks. Users may not do anything which interferes with or breaches the Intellectual Property rights.

13. User Licence

  1. Subject to these Terms, We grant the User a personal, non-exclusive, non-transferable, non-sublicensable limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Our prior written consent.
  2. The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
  3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

14. Permitted and Prohibited Conduct

  1. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
  2. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services.
  3. The User must not post, upload, publish, submit or transmit any content that:
    1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. is fraudulent, false, misleading or deceptive;
    3. denigrates Us, the Site, the App, Services, Sniffr Partners, or Members;
    4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
    7. promotes illegal or harmful activities or substances.
  4. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
    1. use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
    2. register for more than one Account or register for an Account on behalf of another individual and/or entity;
    3. use the Services to find a Member and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Our provision of the Services;
    4. submit any false or misleading information;
    5. as a Sniffr Partner, offer any Sniffr Partner services or Sniffr Partner Products that it does not intend to honour or cannot provide;
    6. as a Member, make any offers to the Sniffr Partner Members that it does not intend to honour;
    7. as a Member, distribute any discount codes or cards to any third party. Members must also ensure that anyone who can view their coupon code must not distribute it to any third party;
    8. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
    9. copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
    10. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    11. use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    12. use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
    13. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
    14. use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Our name, any Our trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Our express written consent; or
    15. advocate, encourage, or assist any third party in doing any of the foregoing.

15. User Content

  1. Where permitted, Users can post, upload, publish, submit or transmit relevant information, articles and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
  2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
    1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Us the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
    2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Our use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. We may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  4. Partners agree that Sniffr may source images for Partner’s website, if the images supplied by a Partner are not suitable and Partner warrants that Sniffr is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be User Content for the purpose of these Terms.

16. Disclaimers

  1. We do not guarantee that Sniffr Partner products and/or Sniffr Partner services will be requested by any Members, nor do We guarantee that Members will be able to find desirable Sniffr Partner products and/or  Sniffr Partner services.
  2. We do not endorse any Sniffr Partner, Member, profile, listing or Sniffr Partner services and  Sniffr Partner products. We require Sniffr Partners and Members to confirm that they have provided accurate information.
  3. We cannot or may not control the User Content or the condition, legality or suitability of any Sniffr Partner or Sniffr Partner services or Sniffr Partner products. Members are responsible for determining the identity and suitability of Sniffr Partner that they contact via the Services and the Sniffr Partner services or Sniffr Partner products.
  4. We accept no responsibility for and make no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. To the extent permitted by law, We disclaim any and all liability related to any and all Sniffr Partners, Members, profiles, listings, Partner services and Partner products and User Content. The information on the Site and or App is for information purposes only and cannot be relied on as professional advice. Users should seek their own professional advice in relation to the information and its suitability or accuracy contained on the Site or App.
  5. We will not be liable for any content that is, or could be, defamatory, obscene, pornographic, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
  6. For the avoidance of doubt, We are not responsible for any duties, fees, taxation, visa or immigration matters under these Terms. We advise that all Users using the Site, App and Services should seek advice in relation to these matters.
  7. Each Sniffr Partner and Member who uses the Site, App and the Services does so at their own risk.
  8. We exclude all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
    1. We do not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
    2. We take no responsibility for, and will not be liable for, the Site, the App, the Services, the Sniffr Partners services and products being unavailable, of a particular standard of workmanship, failing to meet the profile description, failing to meet the listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
    3. To the extent permitted by law, We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any profile, any listing, the Partner services, the Partner products or the Terms, even if We were expressly advised of the likelihood of such loss or damage.
  9. The User agrees not to attempt to impose liability on, or seek any legal remedy from Us with respect to such actions or omissions.

17. Limitation of Liability

  1. To the extent permitted by law, Our total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Us re-supplying the Services to the User, or, at Our option, refunding to the User the amount it paid for the Services to which its claim relates. Our total liability to the User for all damages in connection with the Services in any 12-month period commencing on the date that the User’s Account is active or where a User does not have an Account from the date that the User first accesses the Site or App, or anniversary thereafter will not exceed the price paid by the User under these Terms for the 12 months period prior, or one hundred dollars (AUD$100) if no such payments have been made.
  2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Us and the User.
  3. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us.

18. Indemnity

  1. Each User agrees to defend and indemnify and hold We (and Our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
  2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
  3. This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services.

19. General

  1. Accuracy: While We will endeavour to keep the information up to date and correct, We make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and We expressly exclude any liability for such to the fullest extent permissible by law.
  2. Security: We have a secured business system with an a ‘A Grade’ SSL connection to protect all User transactions and to ensure maximum security.
  3. Termination: We reserve the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If We decide to terminate a User’s Account, with or without notice to the User, the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content.
  4. Fraudulent Activities: Each User acknowledges and agrees that, in the event Us reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, We reserve the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
  5. Force Majeure: We will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
  6. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
  7. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Us of any of the Terms shall be effective unless We expressly state that it is a waiver and We communicate it to the User in writing.
  8. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Our prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by Us without restriction.
  9. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  10. Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the courts of Victoria. The Site and App may be accessed throughout Australia and overseas. We make no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site or App from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
  11. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Us and each User, and supersede any prior agreement, understanding or arrangement between Us and each User, whether oral or in writing.

 

For questions and notices, please contact:

JYHM Pty Ltd t/as Sniffr ABN 65 617 104 659
PO Box 393, South Melbourne, 3205
Email: legal@sniffr.com.au
Last update: 28 December 2017