Terms & Conditions

BREEDBUDDIES TERMS OF USE (“TERMS”)

By accessing or using our services on this website www.breedbuddies.com.au (“website”), the BreedBuddies mobile application (“app”) (collectively, “services”) or by continuing to do so, you expressly accept and agree to be bound by these Terms.  In accepting these Terms, you agree that these Terms and our Privacy Policy will apply whenever you access or use our services.  These Terms apply to any person who accesses or uses our services, notwithstanding registration or subscription status.


BreedBuddies Pty Ltd ABN  56 502 673 769 (“[BreedBuddies]”, “we”, “us” or “our”) may amend these Terms from time to time.  If we make material amendments to these Terms, we will endeavour to provide notice to you of such amendments on our website and app.  We may also contact you via your contact information on file, for example by email, notification or some other equivalent measure.  Your use of the services after we make amendments to these Terms will oblige you to comply with these Terms as amended. 

1. Use of BreedBuddies services
  1.   The purpose of this website is to facilitate the introduction of dogs based on breed and personality type.
  2.  You must be over the age of 18 years old and live in Australia to use the services.
  3. You are solely responsible for the interactions with other users. We cannot and do not guarantee the safety of you or your dog. You should always take appropriate safety precautions when communicating with or meeting other users.
  4. Communications received through our services may result from users engaging with the service for improper purposes, including fraud, abuse, harassment, or other inappropriate behavior.
  5. Though we strive to encourage a productive and respectful user experience, we are not responsible for the conduct of any user on or off the services. You agree to use caution in all interactions with other users, regardless of whether communicating on or off the service or in person.
2. Fees and refunds
  1.  We offer our services in exchange for fees that can be purchased via credit card or other payment processors on the website or app.  Fees and charges will depend on how long you choose to use the services.
  2. To the maximum extent permitted by law, all application fees and other payments made through our services are final and non-refundable.  You acknowledge that we are not required to provide a refund other than as may be required by law, and you will not receive money or other compensation due to lack of use or results from the service.
3. All dogs
  1.    For all dogs requested to be added to the BreedBuddies platform, you must complete a pre-approval application form including the following information:
    1. Breed of dog
    2. Current breeding registration details
    3. Dog registration details and microchip number
    4. Dog age and gender
  2.   If you choose a Premium Membership, you may at your discretion, also provide the following:
    1. A full current medical clearance, either obtained from a valid veterinary source or provided as part of a professional association using association registration number
  3.   The process outlined in clauses 3.1 to 3.23.2.2 is referred to as the “Application”.
  4.  You warrant that all information supplied by you as part of the Application is true and correct and does not contain any false or misleading information. You further warrant that you are duly authorized to advertise your dog on the Breed Buddies platform as available for breeding in accordance with all applicable laws and regulations and ethical breeding practices.
  5. Your dog will only be added to the BreedBuddies platform if we are satisfied in our sole discretion that it is safe and appropriate for your dog to be added to the platform and that your Application demonstrates that your dog meets our standards.
  6. We reserve our right to decline any dogs based on information provided by you in the Application. We do not need to provide any reasoning as to why we have rejected your dog.
4. Advertisement on BreedBuddies platform | all dogs
  1. If your Application is approved by us, you can choose to advertise your dog on the BreedBuddies platform for the time periods provided and at the fees set out on the website and app.
  2. If you elect to advertise your dog on the BreedBuddies platform for more than six months, you will be required to update your information and recomplete an Application each six months.  We may refuse to accept any subsequent Applications in accordance with clause 3.
5. Selecting dogs on BreedBuddies platform | female dogs
  1. If you are engaging with our services for your female dog, you are solely responsible for choosing the users with which you interact with via services as available to you on the BreedBuddies platform.  You should carefully consider and review all information provided by users of our services.
  2. In the event that a female dog owner user selects and matches with a male dog owner user on the BreedBuddies platform and both parties agree to the match, the female dog owner must pay a fee to us as prompted.
  3. Where the process outlined in clause 5.2 is satisfied, each of the respective dogs information submitted as part of its Application will be released to the other dog owner user.  This information may only be used for the purpose for which it is disclosed.  This fee will not be refundable in the event that the interaction with the other user is unsuccessful.
6. Our involvement
  1. You understand that our involvement is limited to facilitating the interaction between you and other users on the BreedBuddies platform.
  2. We have no involvement in any of the interactions between users on or outside the platform and cannot and do not take responsibility for any interactions, whether taking part online or in person.  You should be careful who you disclose your personal information to as we will not be responsible for any interactions you have with users of our services.
7. Content and data
  1. You are solely responsible and liable for all content that you upload or provide while using our services. You grant us a worldwide, perpetual, transferable, sub-licensable, royalty free licence to use your content to provide our services. You agree to indemnify, defend, release and hold us harmless from any claims made in connection with the content that you upload or provide while using our services.
  2. We are not responsible for the content of any data on or accessed through the website or app that is not originated by us.  We exercise no direct supervision or control over the content of such data.  We do not assume any responsibility for data not actually provided or expressly authorised by us.  The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
8. Intellectual property
  1. All intellectual property in our website and app, including copyright, any trademarks and any other intellectual property rights in or associated with our website and app is owned by or licensed to us.
  2. You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual  property rights or the intellectual property rights of a third party in respect of the website or app.
9. Privacy

We will collect, hold and use your personal information and credit related personal information (“personal information”) in accordance with our Privacy Policy available on our website.  Our Privacy Policy sets out:

  1. the purposes for which your personal information is collected;
  2. the consequences if your personal information is not provided to us;
  3. the third parties to which we disclose your personal information;
  4. how you may seek access or correction of your personal information;
  5. whether your personal information is likely to be disclosed to overseas entities and in which countries; and
  6. how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.
10. Security
  1. We take reasonable steps to ensure the security of our systems, website and app. Any information which we hold for you is stored on secure servers.  In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us.  However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.
  2. The website may contain links to other websites.  We are not responsible for the privacy practices or the content of such websites.  We accept no responsibility for and you release us from any liability that may arise from your use of a third party website.
  3. We exercise due care to ensure that your information is secure on our system.  However, the possibility exists that  the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers.  To the maximum extent permitted by law, you release us from any liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.
11. No representations and warranties
  1.  To the maximum extent permitted by law, we do not provide any representations or warranties relating to our services, our website and app, their content or their availability. However, nothing in these Terms is intended to restrict the application of the Australian Consumer Law or any other laws.
  2. We will not be responsible in any way for the availability of the website or app subject to any negligence, breach of law or circumstances within our reasonable control.  We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of the website or app where this is within our direct control.
  3. We cannot and do not warrant that the website or app will operate error-free or that the website or app and its servers are free from computer viruses or other harmful mechanisms.
12. Risks and release from liability
  1. To the maximum extent permitted by law and subject to any negligence or breach of law on our behalf:
    1. we accept no liability for any loss or damage howsoever arising to any person or corporation who may rely on the information contained on our website or app for any purpose or as a result of, or in connection with, the use of or access to our services, website and app; and
    2. you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of our services, website and app.
  2. To the maximum extent permitted by law, neither you nor we will be liable for any indirect or consequential loss.
13. Acceptable uses

You must use the website and app responsibly and within the law.  It is your responsibility to:

  1. use the website and app in a manner which does not violate any applicable laws or regulations;
  2. respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website and app;
  3. respect the privacy of others;
  4. use the website and app in a manner which does not interfere with or disrupt other users of the website or app, services or equipment;
  5. refrain from acts that waste resources or prevent other users from receiving the full benefit of the website and app; and
  6. use the website and app lawfully, ethically and in accordance with accepted community standards.
14. Unacceptable uses
  1.  You must not use the website or app in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
    1. violate copyright, trade mark or other intellectual property rights;
    2. illegally store, use or distribute software owned by or licensed to us;
    3. transmit threatening, obscene or offensive materials;
    4. discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    5. misrepresent or defame others;
    6. commit fraud;
    7. damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
    8. make an unauthorised transmission of confidential information or data protected by trade secrets;
    9. engage in misleading or deceptive on-line practices;
    10. conduct any business or activity or solicit the performance of any activity that is unlawful;
    11. impersonate any person, or misrepresent your identity or affiliation with any person; or
    12. attempt to do any of these things.
  2. You must not use the website or app to interfere with or disrupt the website, app or other users, services or equipment. In particular, for example, you must not:
    1. distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
    2. send unsolicited commercial messages;
    3. initiate or spread computer worms, viruses or other types of malicious programs;
    4. make transmissions of any type or quantity which adversely affect the operation of the website or app or jeopardises the use of the website, app or their performance for other users of the website or app;
    5. harass or impersonate us, the website, the app or other users of the website or app;
    6. engage in conduct which causes a threatened or actual nuisance to other users of the website and app; or
    7. violate or attempt to violate the security of the website and app.
15. Our rights
  1.  You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you, except to the extent caused or contributed to by our own breach of law or negligence.
  2. Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:
    1. confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website and app;
    2. require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website and app, using any means reasonably necessary;
    3. suspend or terminate your access to the website or app; and
    4. take any other action against you.
16. What we may do to ensure that these Terms are being followed
  1.  We may (but are not obliged to) monitor your use of the website and app to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
  2. If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).
  3. If we believe that your use of the website or app may break the law or that you have not complied with these Terms we may:
    1. notify you by email (if possible);
    2. suspend or terminate your access to the website or app without notice; and/or
    3. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
17. Limitations
  1. Whilst we will make commercially reasonable efforts to post a prior warning on the website and app, we may from time to time suspend, disconnect or deny access to the website and app, without notice to you during any technical failure, modification or maintenance affecting the website or app, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.
  2. Without notice to you, we may remove, amend or alter any material or data in the website and app upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.
18. General
  1. These Terms are governed by South Australian laws and all website users submit themselves to the non-exclusive jurisdiction of the Courts of South Australia and any competent appellate courts.
  2. If any of these Terms are considered to be unenforceable, you agree that the remainder of these Terms remain in full force and effect.