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 or Browser (“you” or “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 continuing to build its reputation as a pleasant online place to search for and reunite dogs with their owners.
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. Scope of Service
i) Who's Ya Doggy is a free service. Accordingly we are limited with respect to availability of volunteer staff and may not always or immediately respond to inquiries, although we endeavor to do so.
ii) Who’s Ya Doggy intends 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 occur.
iii) Who’s Ya Doggy will take no responsibility for, nor any part in, disputes arising from advertisements, or from transactions, discussions or arrangements made between users.
3. Objectionable Content and Conduct
i) Abusing this service by posting objectionable content, such as that of a pornographic, violent, dishonest, fraudulent or other nature deemed offensive, inappropriate or otherwise unacceptable by Who’s Ya Doggy, is forbidden. Such content will be removed by administrators as soon as it comes to our attention.
ii) Other examples of unacceptable content and conduct include:
- Posting comments which defame or insult another person or organization. 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.
- 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.
We have gone to considerable lengths to create a haven for dog lovers to advertise lost and found dogs. This is a public site and everyone is free to submit notices about any type of dog. We require all users to behave respectfully toward each other while using this service.
If you have concerns about the content of an advertisement you are encouraged to notify Who's Ya Doggy. Our staff will review the notice and take action as necessary.
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.
5. 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.
6. 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.