Website Terms - Pet Service Provider

TERMS & CONDITIONS

Bondi Vet Global Pty Ltd (ACN 648 039 794) (Bondi Vet, us, we, our) operates a marketplace via our platform at www.bondivet.com (Site) or any other platform we may introduce in the future (together, the Platform). The Platform allows companies (Referral Partners, you, your) to advertise the products and services as set out in the Key Details Form and as agreed from time to time (Products) to a person (Customer). We display your Products, providing a link for Customers to redirect to your website to purchase or otherwise engage with your Products.

Please read these terms, the attached Key Details Form and all Bondi Vet policies including the Privacy Policy and any guidelines we publish, (collectively the Agreement) carefully before registering to become a Referral Partner. An application by you to become a Referral Partner confirms that you agree to be bound by this Agreement, though Bondi Vet is in no way bound to accept your application.

SCOPE OF BONDI VET SERVICE

1. Bondi Vet acts as a marketplace to introduce Customers to your Products. Apart from enabling a Customer to identify potentially suitable Products supplied by you, Bondi Vet accepts no liability for any aspect of the Customer and Referral Partner interaction (Customer Agreement), including the quality or description of goods and services offered by the Referral Partner.

2. This Agreement is not exclusive, Bondi Vet may also allow listings of products on the Platform by a third party seller or supplier that are the same as or similar to the Products.

ELIGIBILITY TO REGISTER

3. While you are registered with Bondi Vet you must maintain control of your Bondi Vet account and are responsible for any activity on your account. You may not deal with your account (including feedback and associated User ID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).

SERVICE DESCRIPTION

4. The Bondi Vet service, including the Platform (Service) will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Service may be separately described on the Platform:

(a) A Referral Partner creates an account with Bondi Vet, posts an accurate and complete description of the Product and other relevant information (Listing).

(b) Payment for any Products ordered by the Customer are made directly to you through your platform.

(c) You must provide the services or goods to the Customer in accordance with the relevant laws and as described or depicted in the Listing.

REFERRAL PARTNER OBLIGATIONS

5. You agree that at all times:

(a) you will comply with this Agreement (including all Bondi Vet policies and guidelines) and all applicable laws and regulations, including any applicable consumer law guarantees;

(b) you will post only accurate information on the Platform and any information posted on the Platform must not, in any way whatsoever, be potentially or actually harmful to Bondi Vet or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Bondi Vet. Without limiting any provision of this Agreement, any information you supply to Bondi Vet must be up to date and kept up to date and must not:

(i) be false, inaccurate or misleading or deceptive;

(ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(iii) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination, tenancy or trade practices/fair trading laws); or

(iv) be defamatory, threatening or harassing;

(c) you will promptly and efficiently perform all your obligations to Customers under a Customer Agreement and to Bondi Vet under this Agreement;

(d) you must have the right to provide goods and services under a Customer Agreement in the relevant location;

(e) you will maintain relevant insurance including in respect of product liability and professional indemnity insurance; and

(f) unless otherwise agreed, you will ensure that the prices of Products in your Listing are the same as or less than the prices for the same products available for purchase on your website or in store premises (excluding delivery).

6. All advertisements placed by Referral Partners must be for products and services that are in stock and available for purchase. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your advertisement being removed from the Platform and/or your account being suspended or cancelled.

INTELLECTUAL PROPERTY

7. You grant to Bondi Vet an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of including that material and information on the Platform and as required to provide the Service, for the general promotion of the Service and as otherwise permitted by this Agreement.

FEES

8. Fees such as a ranging/ listing fee will be payable as set out in your Key Details Form. In addition, there may be other fees agreed for additional sponsorship and advertising opportunities as agreed in your Key Details Form. Other than as set out in this Agreement, you are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

9. Bondi Vet may with reasonable notice change the fees and the terms applying to payment in which case you have the options available to you under clause 23.

FEEDBACK

10. Bondi Vet is entitled to suspend or terminate your account at any time if your Products receive repeated negative feedback from customers, which we consider to be that more than a third of your Customer reviews in any one month period are negative (provided that more than five orders are received in that month).

RETURNS

11. The Referral Partner will comply with the Returns Policy notified to the Referral Partner but, except where otherwise required by law, or at Bondi Vet’s election, is expected to manage Customer enquiries in relation to returns and refunds. The Referral Partner will make its returns policy available to Customers on its platform.

BONDI VET’S ROLE IN RETURNS AND REFUNDS

12. Bondi Vet will forward Customer queries about returns and refunds to you, for processing in accordance with applicable law and your returns policy. Bondi Vet does not expect to have any role in processing refunds for Referral Partners as it does not take any payment from the Customers for the Products. Any returns processed by Bondi Vet where it is necessary will be acting as the Referral Partner’s agent. Where granting a refund resolves a Customer matter the Referral Partner will reimburse Bondi Vet for the value of the refund.

LIMITATION OF LIABILITY

13. The Referral Partner assumes liability for the performance of all obligations and the discharge of all liabilities under or in relation to:

(a) any Product supplied by a Referral Partner; (b) all agreements for the sale of a Product on the Platform, including the Customer Agreement; and (c) the publication of Referral Partner’s information on the Platform.

14. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, Bondi Vet specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) arising out of or in any way connected with any transaction between Customer and Referral Partner.

15. Except for liability in relation to a breach of any Non-excludable Condition, Bondi Vet's liability to the Referral Partner is limited to the total amount of fees paid by the Referral Partner to Bondi Vet during the twelve month period prior to any incident causing liability of Bondi Vet.

16. Bondi Vet's liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

17. To the extent permitted by law, you agree that none of Bondi Vet, our related entities nor employees will be liable for the quality of any Products ordered.

18. You agree to defend, indemnify and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, or inactions or use (or misuse) of our Service, your breach of law or this Agreement or you or your account’s infringement of someone else’s rights, except to the extent the loss or damage arises from our negligence or breach of law or this Agreement.

PRIVACY

19. Bondi Vet's Privacy Policy, which is available at Bondipet.com, applies to all users and forms part of this Agreement. Use of the Bondi Vet Platform confirms that you consent to, and authorise, the collection, use and disclosure of your personal information in accordance with Bondi Vet's Privacy Policy.

20. The Referral Partner must comply with the Bondi Vet Privacy Policy in respect of Customers’ personal information as if they were bound by it.

NO WARRANTY

21. Except for liability in relation to any Non-excludable Condition, the Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. Bondi Vet make no representation as to profit or proceeds that can be made using the Bondi Vet’s Platform.

MODIFICATIONS TO THE AGREEMENT

22. Bondi Vet may modify this Agreement and/ or any of its policies (and update the Site pages on which they are displayed) from time to time. Bondi Vet will send notification of such modifications to your Bondi Vet account. You should check that account regularly.

23. If the changes to this Agreement (or changes to any of our Policies) cause you material detriment, you may terminate your Bondi Vet account and stop using the Service.

NO AGENCY

24. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement unless otherwise set out in this Agreement. In particular you have no authority to bind Bondi Vet, its related entities or affiliates in any way whatsoever.

COMPLAINTS

25. If you have a complaint about the Service, including if you believe that content that you own or have rights to has been posted to the Services without your permission and you want it removed please contact us via our customer service tab. Bondi Vet is committed to following appropriate legal procedures to remove infringing content from the Services.

TERM AND TERMINATION

26. This Agreement shall commence on the date on which the Referral Partner sets up an account on the Platform and will continue for any period set out in the Key Details Form unless terminated earlier as set out below. After this period, the Agreement will continue on a month to month basis until terminated by either party.

27. Either party may terminate an account and this Agreement in the event of a material breach of this Agreement by the other party, provided that the material breach is not rectified by the other party within 5 days of the non-breaching party giving notice.

28. Following the period set out in clause 26, either party may terminate an account and this Agreement by giving 30 days prior written notice of termination to the other party.

29. On termination of this Agreement, Bondi Vet may immediately remove the Referral Partner’s Listings and information from the Platform.

30. Termination of this Agreement does not affect any Customer Agreement.

31. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

GENERAL

32. This Agreement is governed by the laws of Victoria, Australia. You and Bondi Vet submit to the exclusive jurisdiction of the courts of Victoria, Australia.

33. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.

34. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

35. This Agreement may be assigned or novated by Bondi Vet provided there is no material detriment to you.

36. This Agreement sets out the entire understanding and agreement between you and Bondi Vet with respect to its subject matter.

Version August 2021