Terms & Conditions for Use of the Who's Ya Doggy Web Site

This is an agreement between Who’s Ya Doggy (also the “site” and “web site”) and you the Advertiser, Submitter, Buyer, Adopter or Browser (also “you” and “user”).  The conditions upon which you may utilize this site are described below.

1. General Conduct, All Users - Who’s Ya Doggy Culture

Who’s Ya Doggy is committed to continually building its reputation as the nicest place on the world wide web to advertise and search for dogs, puppies and related services, products and events. 

We value:

-          Honesty and responsibility in transacting sales and adoptions of dogs and puppies, and sales of related services and products.

-          Diligent care of the physical and emotional wellbeing of dogs and puppies of all kinds.

-          Increasing public awareness of the core elements of sensible and ethical dog-breeding and dog-acquisition.

-          The joy of dog ownership in all its forms.

Conduct which unduly harms the pleasant atmosphere at Who’s Ya Doggy may be dealt with firmly.  (Also see ‘Objectionable Content and Conduct’ below.)

2. Advertiser and Submitter Obligations

You confirm that:

• The content of your advertisements is honest, accurate and complete, to the fullest extent of your understanding.

• Your breeding establishment is not a puppy mill/farm or other mass production facility which houses dogs in sheds, runs or cage-like enclosures, nor are you a puppy agent or broker.  Dog or puppy advertisements posted by such establishments may be removed at Who's Ya Doggy's discretion without notice or refund to the Submitter.

• Photographs included with dog or puppy advertisements are of the specific dogs that are currently for sale or adoption, unless clearly stated otherwise in the body of the advertisement.

• You are the copyright owner of all of the photographs used in your advertisements, or you have obtained the written permission of the copyright owner to utilise them on Who’s Ya Doggy.

• Whilst puppies can be advertised at any age or even in anticipation of their arrival, they should not leave their mothers before 8 weeks of age.  (Exceptions may occur only in unusual cases such as orphaned puppies or serious maternal illness.)

• Puppies and dogs must be up-to-date with relevant vaccinations, worming, and/or alternative preventative treatments appropriate for their age, health status and circumstances as judged by a veterinarian, before transferring them to their new home.                                                       

• You are responsible for adhering to any conditions of sale agreed between you and the Buyer or Adopter, whether in writing or verbally.  (To avoid misunderstanding, we highly recommend that you make all agreements clearly in writing and have both parties sign.)

• Any defects or deficits which a dog has, and which are known by you or could reasonably be expected to be known by you from examination or testing by a veterinarian, will be thoroughly communicated to prospective Buyers or Adopters to enable them to make a fully informed decision as to whether or not they are able and willing to care for the animal. 

• You will take all due care to ensure that you sell/give dogs only to owners of good character whom you have good reason to believe will take competent care of the animals’ health and emotional wellbeing, and who commit sincerely to this responsibility, for the lifetime of the animal.

• You are wholly and solely responsible, now and into the future, for the content of your advertisements and for all discussions and transactions conducted by you pertaining to dogs, products, events or services which you advertise on this site.  This site provides a communication platform only, and takes no responsibility for the content of advertisements, nor other users’ adherence to these terms, nor any consequences of transactions between users.  (Notwithstanding this, be aware that Buyers or Adopters may independently choose to reference these terms in support of any dispute with you.)

The above guidelines apply equally to animals, products or services supplied via dog rescue or shelter organisations, as via private breeders, agents or retailers.

3. Browser, Buyer and Adopter Obligations

You confirm that:

• When obtaining a dog or puppy you are willing and able, both financially and circumstantially, to take competent care of the animal’s physical and emotional wellbeing for its full lifetime, to the best of your current understanding.

• You will not pressure Advertisers to allow you to take puppies before 8 weeks of age.  Whilst puppies can be advertised at any age or even in anticipation of their arrival, they should not leave their mothers before this time.  (Exceptions may occur in unusual cases such as orphaned puppies or serious maternal illness.)  

• You are responsible for adhering to any conditions of sale agreed between you and the Advertiser, whether in writing or verbally.  (To avoid misunderstanding, we highly recommend that you make all agreements clearly in writing and have both parties sign.) 

• You are wholly and solely responsible, now and into the future, for all discussions or transactions conducted by you pertaining to dogs, products, events or services advertised on this site.  This site provides a communication platform only and takes no responsibility for the accuracy or content of advertisements, nor any user’s adherence to these terms, nor any consequences of discussions or transactions between users.  (Notwithstanding this, be aware that Advertisers may independently choose to reference these terms in support of any dispute with you.)

The above guidelines apply equally when animals, products or services are being obtained from dog rescue or shelter organisations, as from private breeders, agents or retailers.

4. Scope of Service

i) Who’s Ya Doggy endeavours to maintain a site which runs 24 hours a day, 7 days a week.  However, site maintenance or technical matters beyond our control may from time to time require the site to be temporarily offline.  As with any online service, you understand and accept that this may occasionally occur.

ii) Who’s Ya Doggy will take no responsibility for, nor any part in, disputes arising from advertisements, or from transactions or discussions between users.

5. Objectionable content and conduct

i) Abusing this service by posting objectionable content, such as that of a pornographic, violent or other nature deemed offensive or inappropriate by Who’s Ya Doggy, is strictly forbidden.  Such content will be removed by administrators without refund or notice to the Submitter, as soon as it comes to our attention.

ii) Other examples of unacceptable content and conduct include:

-          Posting comments which defame or directly insult another person or organisation.  By doing so you render yourself solely and fully liable and responsible for any charges which the offended party may choose to lay against you.  Such messages will be removed as soon as they come to the attention of Who’s Ya Doggy administrators, without refund to the Submitter. 

-          Expressing racial or ethnic hatred toward pedigree or mixed-breed dogs which are not to your personal liking. 

-          Communicating to a user via Who’s Ya Doggy internal email in a hostile or offensive manner.

Whilst we have gone to considerable lengths to create a haven for competent and caring breeders to advertise, this is still a public site and everyone is free to submit advertisements.  Therefore it is to be expected that there will be varied opinions regarding different breeds and practices.  Regardless of personal opinion we require all users to behave respectfully toward each other while here, and to reserve negative commentary for more appropriate forums.

If you have concerns about the content of an advertisement you are encouraged to notify Who's Ya Doggy. Our staff will review the ad and take action as necessary.

6. Copyright

The Who’s Ya Doggy web site and all of its content are protected by international copyright laws.  You may not copy, alter, manipulate or distribute any content, including code, text or images, belonging to Who’s Ya Doggy or to its Advertisers, without first obtaining written permission from an authorised representative of Who’s Ya Doggy or from the Advertiser in question. 

7. Governing Law

This Agreement is governed by the laws of New South Wales, Australia.  The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives, without limitation, any claim or objection based on an absence of jurisdiction or inconvenient forum.  This Agreement is the entire agreement between the parties.  This Agreement supersedes any other communications with respect to the Who’s Ya Doggy web site.  This Agreement may not be modified except by a written addendum issued by a duly authorised representative of Who’s Ya Doggy.  No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Who’s Ya Doggy or a duly authorised representative of Who’s Ya Doggy.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

8. General Limitation of Liability

To the full extent permitted by applicable law, under no circumstances and under no legal theory, whether in tort, contract, equity or otherwise, shall Who’s Ya Doggy be liable to you or to any other person for any indirect, consequential or purely financial damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, medical costs or for any and all other damages or losses.  To the full extent permitted by applicable law, in no event will Who’s Ya Doggy be liable for any damages, even if Who’s Ya Doggy shall have been advised of the possibility of such damages.  This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation.

 

Contact:  For important matters Who’s Ya Doggy can also be contacted on +61 421 580 177, between 9am and 4pm Monday to Friday, Eastern Australian time.

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