Terms of Use

REGISTRY & CLASSIFIEDS

Terms & Conditions (Terms of Use)

USE OF AUSTRALIAN DESIGNER BREEDERS PTY LTD SITE

Welcome to the Australian Designer Breeders Pty Ltd (A.B.N. 51 645 770 092) (we, us, our, or ADBC).

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.

Whilst we do our best to reduce the prevalence of online puppy scamming, we are in no way a guarantee of the removal of fraudulent puppy activity online. We screen our members upon membership registration, to minimise fraudulent activity. ADBC however, will not guarantee or, be held responsible, or accountable for criminal or fraudulent activity of members. If upon finding out a registered member of the ADBC is fraudulent in their dealings with the public they will be removed and the evidence against them may be reported to the authorities if necessary. ADBC is also not a guarantee against identity theft of registered breeder members. Whilst we do our best to protect our breeder members from Identity theft, if a breeder member makes a decision to share intellectual property with the public this can result in the misuse of their identity or photos/ intellectual information. We do not guarantee anyone from the misuse of their information or identity.

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.

Penalties apply

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 Australian Designer Breeders Pty Ltd 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 your 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.

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

REGISTRATION TERMS & CONDITIONS

Please read the following terms relating to the services, which are provided by Australian Designer Breeders Pty Ltd (A.B.N. 51 645 770 092) (we, us, our, or ADBC).

Your decision to register 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 Registration (Level 1)’ and/or the ‘Full Registration (Level 2)’ 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.

Registrants must uphold the Australian Designer Breeders code of ethics and the welfare standards that their relevant State legislative bodies advise. Failure to do so will result in termination without refund.

How to access the Service

Australian Designer Breeders Pty Ltd provides the following to its members:

Provides registrants when requested with ongoing advice, feedback on audits/dog housing and community support
Provides registrants with a registered Australian Designer Breeder Number
Provides registrants with a listing on the Australian Designer Breeders Pty Ltd full registration or probationary registration breeder database
Provides registrants with the opportunity to receive bronze, silver and gold member badges once they have reached full registration. The higher a registrant reaches with their badge, the higher the discount on full registration with the Australian Designer Breeders Pty Ltd..
Australian Designer Breeders Pty Ltd will forward on any potential buyer email requests to applicable registrants.
Australian Designer Breeders Pty Ltd registrants must uphold the Australian Designer Breeders code of ethics and the welfare standards that their relevant State legislative bodies advise. Failure to do so will result in termination without refund.
Australian Designer Breeders Pty Ltd provides registrants with an Advertising Package to run 2 litter advertisements through the Australian Designer Breeders Pty Ltd website per month.

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

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

Registration

Registration entitles you to a non-exclusive, non-transferable right to access and use the Service, subject to these Terms.

Registration occurs when you register and your registration forms have been received, processed and approved; 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 registrants 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, at all times, abide by the Code of Ethics & Standards, as set out by Australian Designer Breeders Pty Ltd;
you will, at all times, fully comply with all legislation that may apply to you;
you will keep your Registration secure and that you will not share your password or registration number, or do anything else so as to jeopardise the security of your Registration;
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 Registration 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 registration user name, passwords and other security features, confidential and secure to prevent unauthorised use of your registration. If you reasonably suspect that the security of your registration is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Registration.

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 Registration. You undertake to update your 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 Registration account, and we are bound in compliance with Australian privacy laws, as set out in our Privacy Policy.

Probationary Registrants

All new registrants to Australian Designer Breeders Pty Ltd start with a probationary registration. Once probationary registration has commenced, a registrant can immediately apply for full registration (Bronze, Silver or Gold). Probationary registrants agree that once twelve (12) months has passed from the beginning of their registration, they will be required to arrange for their premises to be audited by a practicing veterinarian or recognised auditer of Australian Designer Breeders Pty Ltd or have annual veterinarian checks of breeding animals. You agree that if you do not submit an acceptable audit report to us within three (3) months, then your registration may be cancelled until an acceptable audit/ checks are submitted to us.

Probationary fees are $199.99 in a once-off payment or 12 monthly instalments of $19.99. This is a non-refundable payment. If a registrant has a change of mind, they are contracted to pay the full twelve monthly installments regardless; this cost is not refundable. If a registrant has agreed to the 12 monthly instalment option, and cancel their registration before the 12 months end, they will be charged the remaining amount owing on their account. This is $239.88 minus the amount that the individual has paid toward their probationary registration. The desire for early cancellation of a probationary registration can be submitted to us via our early cancellation form within the private breeders area. By signing and agreeing to a 12 monthly instalment option a registrant allows Australian Designer Breeders Pty Ltd permission to debit amount owing from the credit card on file for that individual without notice.

Upgrading from Probationary to Full Registration

During the first 12 months of Registration

- Providing all required documents have been sent to Australian Designer Breeders Pty Ltd, processed and approved a probationary registrant can upgrade to a full registration during the first 12 months for the remaining timeframe of the year, dating from the original date of registration (at Probationary).

- If the registrant has paid their probationary fee in full, the calendar year for the full registration will have commenced from their Probationary registration date. They will have no amount owing for the full registration for that calendar year.

Full Registration is an annual fee, payed in full each year, or in 12 monthly installments.

- If a registrant has chosen the monthly instalment plan during Probationary Registration, the amount paid toward the annual fee for the level of full registration the registrant is upgrading to will be deducted from amount owing for that calendar year. They will be required to pay this fee in full or continue on a monthly instalment contract to commence Full Registration. The monthly instalment will change depending on the level of full registration that the registrant is upgrading to. The calendar year for a full registrant will role over and monthly instalments will continue for the next calendar year of registration with Australian Designer Breeders Pty Ltd.

After the first 12 months of Registration

- Full Registration is an annual fee, payed in full each year, or in 12 monthly instalments.

- A registrant must provide notice in writing to cancel their registration before the roll over to a new calendar year (since the beginning of the registrants probationary registration) occurs. Once the roll over occurs, the registrant is contracted for another 12 months of instalments.

- Full Registration is required once the 12 months of Probationary Registration is due to expire. A registrant must submit required documents and pay their registration fees in order to commence Full Registration with Australian Designer Breeders Pty Ltd.

- A full registrant can cancel their registration at any time by written desire to do so. They will be charged what is owed for their calendar year. If a registrant is paying their registration in 12 monthly instalments, the total amount still owing (of the 12 monthly instalments) will be deducted from the card on file of the registrant.

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

Australian Designer Breeders Pty Ltd may monitor the activities and conduct of Registrants. We may also use keyword monitoring whereby certain keywords may alert and trigger an investigation. Australian Designer Breeders Pty Ltd 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 Registration Fee must be in either 12 monthly or annual instalments approved or offered by Australian Designer Breeders Pty Ltd;
Australian Designer Breeders Pty Ltd reserves the right to vary the Registration Fee, from time to time; and
the Registration Fee is non-refundable, where the Service has been provided in accordance with these Terms.
The Registration Fee is in Australian Dollars (AUD).

Term Of Agreement

Commencement

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

Acceptance will be deemed to have occurred when Australian Designer Breeders Pty Ltd communicates its acceptance to you in writing, including via email.

Data Collection

Australian Designer Breeders Pty Ltd may gather the data that you provide at the time of registering.

This data will be used only in accordance with our privacy policies, as referred to above in these Terms.

Termination

Australian Designer Breeders Pty Ltd may terminate these Terms if you have committed any material breach of these Terms or of the Code of Ethics available at www.adbc.com.au. We may also terminate your registration 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 Australian Designer Breeders Pty Ltd.

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

Australian Designer Breeders Pty Ltd will, upon termination of your Registration and/or these Terms disable your user name and password and consequently, deny you access to the Service.

Abusing Australian Designer Breeders Pty Ltd Services.

Australian Designer Breeders and the Australian Designer Breeders community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Australian Designer Breeders and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Australian Designer Breeders is not under any obligation to monitor any data or content which is submitted to or available on the Services.

Representations and warranties

Subject to all applicable laws, all Services provided to you by us 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, we will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

suspension or cancellation of your Registration;
your use of the Service;
any interruptions or delays in accessing the Website or any third-party websites; or
circumstances beyond the reasonable control of Australian Designer Breeders Pty Ltd,
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 Registration Fee, where applicable

CLASSIFIEDS SECTION

Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As some of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. Without in any way limiting the above Australian Designer Breeders Pty Ltd does not in any way represent, warrant or guarantee that a price displayed for any listing on the Services will remain the same throughout a users communication with Seller.

We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.

To the extent permitted by law:

we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
and without limiting any rights that you may have under the Australian Consumer Law, Australian Designer Breeders Pty Ltd liability to you for any failure by ADB to comply with any statutory guarantee under the Australian Consumer Law is limited to Gumtree supplying the Services again or paying you the cost of having the Services supplied again.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

the content you provide (directly or indirectly) using our Services;
your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Service;
the content, actions, or inactions of third parties, including items listed using our Services;
a suspension or other action taken with respect to your account for breach or these Terms of Use or our policies;
your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms of Use or our policies.

Australian Designer Breeders Pty Ltd excludes any liability to you for any loss or damage suffered by you as a result of Australian Designer Breeders Pty Ltd failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Australian Designer Breeders Pty Ltd.

Indemnity

To the full extent permitted by law, you agree to indemnify Australian Designer Breeders Pty Ltd 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 us 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 us.

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 Australian Designer Breeders Pty Ltd.

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:

Registrant means the person who has registered with the Australian Designer Breeders Pty Ltd.

Membership means Australian Designer Breeders Pty Ltd registration.

Becoming a registered breeder with Australian Designer Breeders Pty Ltd means to commence registration with us.

Registration Date means the date that a person registers to become a registrant.

Registration Fees means the fee that is payable to Australian Designer Breeders Pty Ltd, in relation to a Registration.

Service means the service that Australian Designer Breeders Pty Ltd provides to its registrants, pursuant to the ‘Probationary Registration (Level 1)’ and/or the ‘Full Registration (Level 2)’.

Terms means this Australian Designer Breeders Pty Ltd Terms document.

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

Contacting us

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

REGISTRY & CLASSIFIEDS

Privacy Policy

Terms of Use

Plans & Pricing

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