Service Agreement Terms and Conditions

  • Pet Tech Pro Pty Ltd ACN 138 118 037

    trading as Coda Associates

    64 Beresford Drive

    Samford Qld 4520

    Phone: 1300 510 117

    Mobile: 0417 995 010

    Fax: 07 3289 1608

    www.codaassociates.com.au

    www.pettechpro.com.au

  • SERVICE AGREEMENT TERMS AND CONDITIONS



    BETWEEN: PET TECH PRO PTY LTD ACN 138 118 037 (“Our/Us/We”)

    AND: SAMBOOT PTY LTD ACN 010 067 295 & Sister facility Thomlea Pty Ltd ABN 57 632 174 620 (“Samboot & Thomlea”)

    AND: THE CUSTOMER (“You/Your”)



    Our Offer

    This document:

    • is an offer to enter into a Service Agreement with you;
    • sets out the services we will provide to you and how our Costs will be calculated and charged;
    • sets out the basis on which Pet Tech Pro Pty Ltd is prepared to act for you.

     

    We recommend you consider seeking independent legal advice before entering into this Service Agreement with us.

    Acceptance of our Offer

    By clicking on the "I accept the terms and conditions of this Service Agreement" button on our website you are accepting the terms of our offer and this Service Agreement and agree to be legally bound by it.

    Each person engaging Pet Tech Pro Pty Ltd to provide services as further particularised in our Service Agreement and on the CODA ASSOCIATES and PET TECH PRO websites represents and warrants that he or she is duly authorised and has legal capacity to engage Pet Tech Pro Pty Ltd and enter into our Service
    Agreement.

    You represent and warrant to Pet Tech Pro Pty Ltd that the execution, delivery and acceptance of the Service Agreement and your agreement to the performance of your obligations hereunder have been duly authorised and you acknowledge that the Service Agreement is a valid and legal agreement binding on you and enforceable in accordance with its terms.

    Your Account

    If we issue you an account and password to access the CODA ASSOCIATES and/or PET TECH PRO websites “your Online ID” you must keep your password and other account details secure and not share them with anyone else. This is to prevent unauthorised use of your Online ID.

    If you share account details with someone who uses your account in breach of our Service Agreement or we believe that your account has been compromised, your account and/or access to the CODA ASSOCIATES and/or PET TECH PRO websites may be suspended or terminated. We are not liable for any unauthorised use or sharing of your Online ID.

    Definitions

    Confidential Information means all information provided by one party to the other in connection with this Service Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:

    • information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Service Agreement, and
    • information developed independently by a party.

    Customer’s Data means the customer’s contact details, booking information, logos, trademarks, artwork, text, video, audio, pictures and other materials;

    Customer means the authorised and licensed user of the Pet Tech Pro software.

    GSThas the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any other similar tax.
    Pet Tech Pro software means to the software developed by Pet Tech Pro Pty Ltd.

    The work we will perform

    Pursuant to information and instructions provided by you, Pet Tech Pro Pty Ltd will carry out the tasks as further particularised on our website.

    If you instruct us to carry out additional and / or ancillary work it will be carried out on the same terms and conditions as set out in this document or as otherwise varied by agreement in writing with you.

    We warrant we have the knowledge, skills and expertise to carry out the required work.

    Your initial point of contact in respect of the work is:

                            Pet Tech Pro
    64 Beresford Drive, Samford Qld 4520
    Phone: 07 3289 6555
    Mobile: 0417 995 010
    Fax: 07 3289 1662

    Your duties

    You will keep us informed at all times of your current street address, telephone number and email.

    You will provide us, as soon as possible, with all documents and information reasonably necessary for us to do the work.

    You agree to maintain adequate virus protection on any computer you use to access Pet Tech Pro software sufficient to protect this software.

    You agree that Pet Tech Pro Pty Ltd has the right to charge you for any costs of repair reasonably incurred by us for any damage caused to Pet Tech Pro Pty Ltd and its intellectual property as a result of your failure to maintain adequate systems and virus protection.

    Authorities

    You authorise us to make those enquiries and investigations on your behalf that we consider to be necessary for the completion of the work.

    You authorise us to retain external consultants if deemed appropriate to complete your work.

    You authorise us to suspend the website to perform routine maintenance and repairs as deemed necessary at the absolute discretion of Pet Tech Pro.

     

    Relationship with agents, pick up agents and referral agents

    Samboot Pty Ltd & Thomlea Pty Ltd owns and operates pet care facilities including the Samford Pet Resort and the North Shore Pet Resort.

    Samboot & Thomlea have, over an extensive period of time, developed business relationships and considerable goodwill with various veterinary surgeries and third party agents.

    These relationships and goodwill are a valued asset of Samboot.

    To protect these business relationships and goodwill, the Customer (and all shareholders and directors of the Customer, if a corporation) agree:

    • during the continuance of this Service Agreement and for a period of 2 years after its termination, you will not within the Territory use the Pet Tech Pro software to:

     

    • offer (either directly or indirectly) collection services or commission services for veterinary surgeries or other agent and locations (excluding pet owners home or location/building owned or rented by the customer) (rented being weekly payments for space at market value); or
    • offer (either directly or indirectly) referral agent agreements for veterinary

    surgeries or agents of any kind.

    For the purpose of the above, “Territory” means within 50Km radius of the post office on Queen Street, Brisbane.

    You acknowledge and agree that a breach by you of the above provisions will be deemed a material default by you under this Service Agreement entitling Pet Tech Pro Pty Ltd to immediately terminate this Service Agreement and withdraw your right to subscribe to our services.

    Costs – how they are calculated and when they are payable

    You agree to pay our costs as further particularised on our website. (Links below)

    All fees and charges are subject to change without notice to you.

    Subscription fees are based on per business address and separate trading names where applicable. For example:

    • ABCDE Pty Ltd trading as Pet Resort One located at: 1 example st; and
    • ABCDE Pty Ltd trading as Pet Resort two located at: 20 example st.

     

    In the above example, the Customer would require a separate subscription for each business/address.

    You agree to pay the fees and charges at the rates set out in our website. (Links below)

    Pet Tech Pro pricing – https://www.pettechpro.com.au/pricing/

    Pet Tech Pro support, training, programming etc – https://www.pettechpro.com.au/pricing/supportand-training-fees/

    Your first subscription will be deducted via direct debit on the 1st day of the following month in which you sign up, regardless of the date in which you subscribe.

    Subscription direct debits will be taken thereafter on the 1st of each month.

    Costs – Data inclusions and fees

    Pet Tech Pro includes 44GB of included data per month as part of the Basic and Bare subscriptions packages.

    The Customer understands and accepts that once their data base has reached the 44GB limit per month, Pet Tech Pro will add an additional 10GB of data to your subscription based on the current fees displayed on our website at that time.

    Additional Data will be added to plans in increments of 10GB.

    You the client, may choose to add an additional data plan at any time.

    You agree to pay our costs as further particularised on our website. (Links below) All fees and charges are subject to change without notice to you.

    You agree to pay the fees and charges at the rates set out in our website. (Links below) Pet Tech Pro pricing – https://www.pettechpro.com.au/pricing/

    Your documents

    We will retain the files and documents relating to your instructions for seven (7) years from the date of our last account to you. You authorise us to thereafter destroy the files and documents without any further reference or notice to you.

    General Provisions

    No alterations or waivers of any kind to any of the provisions of the Service Agreement bind us unless agreed in writing by us.

    Unless otherwise required by us, you need not sign a further agreement in respect of any other instructions and this agreement will apply to all instructions given by you to us.

    The enforceability of the Service Agreement is not affected by any changes to the structure of Pet Tech Pro Pty Ltd.

    In the event that any term of the Service Agreement is determined to be void or unenforceable, the remaining terms are not affected.

    You agree, notwithstanding the date of the Service Agreement, that this agreement takes effect from the date on which you first instructed us in relation to the work.

    We will at all times respect your right of confidentiality.

    Guarantee

    Where you enter into this Service Agreement as a company (or as trustee for a trust), the directors and/or trustees jointly and severally for themselves and their respective executors, administrators, successors and assigns:

    GUARANTEE the performance and observance of the terms and conditions in this Service Agreement contained and on the part of the company to be performed and observed and we hereby specifically agree and declare that this guarantee shall be a continuing guarantee and shall in no way be avoided released or affected and shall remain in full force and effect notwithstanding any time or indulgence given or allowed to the company by Pet Tech Pro Pty Ltd or any variation of the Service Agreement.

    INDEMNIFY Pet Tech Pro Pty Ltd against all losses costs and expenses whatsoever (including but not limited to any legal costs and disbursements on a solicitor and own client basis) which may be incurred by Pet Tech Pro Pty Ltd by reason of any default on the part of the company in the performance and observance of the Service Agreement and conditions on the company’s part contained in the Service Agreement.

    Acknowledgements

    You acknowledge that:

    • you have read, understood and agree to be bound by the terms of this Service Agreement;
    • you have received and will retain your own copy of the Service Agreement;
    • we have recommended you seek independent legal advice before entering into this Service Agreement with us;
    • you agree to subscribe to the Pet Tech Pro Updates which we may submit to you by email from time to time;
    • you have full understanding of the software and software features, costs, functions and operations.

     

    Intellectual Property and Website

    Pet Tech Pro Pty Ltd is an on-line service provider.

    We have established our website www.pettechpro.com.au to provide general information about our online tools, online pet and bookings management system, online administrative and reporting functions, relevant links plus various other functions.

    The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the CODA ASSOCIATES and PET TECH PRO web sites and software are owned by Pet Tech Pro Pty Ltd and or have been granted for use by Pet Tech Pro Pty Ltd under license and are protected by copyright and or trademark laws and or other intellectual property rights.

    Unless we expressly agree in writing to the contrary, you may ONLY print or download the Materials from the CODA ASSOCIATES and/or PET TECH PRO web site for your own informational, educational and other non-commercial purposes, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to "pass-off" any of the Materials or information as your own. You may not post on any other web site, display, or distribute the Materials without the express prior written consent of Pet Tech Pro Pty Ltd and or the licensors (as the case maybe).

    You may not reproduce, republish, post, transmit or distribute any of the Materials unless specifically permitted under this Service Agreement or by written authority from us.

    All Materials on the CODA ASSOCIATES and PET TECH PRO web sites are subject to change without notice.

    We retain copyright in all documents prepared by us in the course of undertaking work for you. 
    The domain names pettechpro.com.au and codaassociates.com.au are licensed to Pet Tech Pro Pty Ltd and the words PET TECH PRO and its associated logo are the trademarks of Pet Tech Pro Pty Ltd.

    Nothing in this Service Agreement constitutes a transfer of our intellectual property rights to you.

    Computer Software & Custom Enhancements  

    Any computer software which may be downloaded or accessed via the CODA ASSOCIATES and/or PET TECH PRO web sites or are otherwise made available to you by Pet Tech Pro Pty Ltd is licensed to you for your sole use only in connection with the Kennel Management Software and is subject to the terms and conditions of the associated license agreement.

    Except as expressly permitted by us or in the aforementioned license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the CODA ASSOCIATES and/or PET TECH PRO websites or made available to you by Pet Tech Pro Pty Ltd without the prior written consent of Pet Tech Pro Pty Ltd.

    All custom works carried out for the customer will remain the property of Pet Tech Pro Pty Ltd. All charges that are billed to the customer for custom work is purely in consideration for the work undertaken by Pet Tech Pro Pty Ltd to create and develop the custom feature for the customer, and does NOT confer on the customer any ownership rights in the enhancement or code.

    Pet Tech Pro Pty Ltd retains ownership over all code, graphic design, logos, documentation & software regardless of whether it has been created as custom work or main stream enhancements. Pet Tech Pro Pty Ltd reserves the right to use all custom enhancements for all clients’ software packages where Pet Tech Pro Pty Ltd sees fit and at the same time may charge thereafter for the use of such feature.

    All intellectual property developed within or by Pet Tech Pro Pty Ltd remains the property of Pet Tech Pro Pty Ltd.

    You must not de-compile, disassemble or otherwise reverse engineer our software or code.

    Any attempt by you to copy ideas or code is a fundamental breach of the Service Agreement and our intellectual property rights and we reserve the right to take all appropriate legal action to safeguard those rights.  

    Pet Tech Pro Pty Ltd and its licensors retain title to any such software downloaded, accessed from our websites or otherwise made available to you by Pet Tech Pro Pty Ltd and you are granted only a non-exclusive license to use such software in accordance with this Service Agreement and the applicable license agreement. Such software is warranted, if at all, only according to the terms of the license agreement and as statutorily prescribed.

    Maintenance, Upgrades and Serviceability

    From time to time, we may want to maintain or upgrade the CODA ASSOCIATES and/or PET TECH PRO websites which may include fixing security vulnerabilities and other bugs, and improving their usability or performance.

    During maintenance or upgrade, there is a possibility of downtime to the CODA ASSOCIATES and/or PET TECH PRO websites.

    Downtime may also arise due to server issues or connection/networking issues that are outside our control.

    Pet Tech Pro Pty Ltd does not and cannot guarantee or warrant that CODA ASSOCIATES and/or PET TECH PRO websites will not be hacked or accessed by unauthorised persons. You use the CODA ASSOCIATES and/or PET TECH PRO websites at your own risk in this regard.

    You agree we may require you to download a patch or other upgrade when you sign into the PET TECH PRO network, and you acknowledge such upgrades may change your current operating system and could cause loss of data or content, or loss of function or utility.

    We recommend you archive or backup your personal data, photos, music and video content regularly to prevent such loss of data.

    Although we will endeavour to minimise the period and frequency of downtime to the websites, you acknowledge and accept there is a downtime risk.

    To the extent permitted by any applicable law, we are not liable for any loss of data, content, function or utility nor are we liable for lost income or costs you may incur due to:

    • maintenance;
    • upgrades;
    • server issues;
    • connection/network issues;
    • viruses;
    • worms;
    • hacks and other unauthorised access; or
    • other matters beyond our reasonable control,

     

    in respect of your access and use of the CODA ASSOCIATES and/or PET TECH PRO websites.

    Third Party Materials

    The CODA ASSOCIATES and/or PET TECH PRO websites may contain materials and other information, including software in executable or source code form, which is submitted by third parties for inclusion on the CODA ASSOCIATES and/or PET TECH PRO websites ("Third Party Materials"). Please note a breach of your obligations under this Service Agreement or any associated license agreement in respect of the use of the Third Party Materials may be a cause of action in respect of a breach of that third party’s intellectual property rights.

    You indemnify us and keep us indemnified from and against any and all claim, loss, damage or liability, whether criminal or civil suffered, and any legal fees and costs incurred by us because of any use by you of Third Party Materials in breach of a third party’s intellectual property rights.

    Linked Sites

    The sites linked from the CODA ASSOCIATES and/or PET TECH PRO websites are not under the control of Pet Tech Pro Pty Ltd, and Pet Tech Pro Pty Ltd does not assume any responsibility or liability for any communications or materials available at such linked sites. Pet Tech Pro Pty Ltd does not intend links on the CODA ASSOCIATES and PET TECH PRO website to be referrals or endorsements of the content within the linked sites or the entities operating those sites. Any links we list are provided for information and convenience only.

    Permitted Use

    Subject to the terms and conditions in this Service Agreement, Pet Tech Pro Pty Ltd hereby grants you the right to access and use the CODA ASSOCIATES and/or PET TECH PRO websites and the Materials. You agree not to frame, or assist third parties in framing, any of the web pages contained in the CODA ASSOCIATES and/or PET TECH PRO websites. Such framing is strictly prohibited under this Service Agreement. The content and software on the CODA ASSOCIATES and/or PET TECH PRO websites are the property of Pet Tech Pro Pty Ltd and or other licensors and are protected by intellectual property laws.

    GST

    Where GST is levied on the supply of our services or disbursements we will charge you GST in addition to the charges for our services and disbursements. You must pay GST at the same time and in the same manner as you are required to pay our fees and disbursements. 

    It is the intention of this clause that you must bear the cost of GST without any detrimental reduction in the fees or disbursements payable to us.

    Billing

    • Form of bills

     

    Our bills will normally indicate each item of work done together with a total of fees and disbursements incurred.

    • Timing of bills

     

    We will send you a bill for our costs monthly. All fees will be charged and payable on the 1st of each month (unless we state otherwise).

    • Interest charged on unpaid bills

     

    Any bills or parts of bills unpaid after 14 days of the date of the bill will accrue simple interest at a rate 8.5% per annum on the arrears.

    • Disbursements

     

    We will charge you all disbursements incurred by us on your behalf including but not limited to: (a) external consultants, (b) travel to your place of business (where applicable).

    • Method of Payment

     

    All subscriptions fees for Pet Tech Pro modules will be debited via Go Cardless. You will be sent an invitation once completed this agreement.

    You may pay in the manner as further particularise in our website or direct to our bank account:

    Name of Bank: Bank of QLD
    Account Name: Pet Tech Pro Pty Ltd
    BSB: 124001                                                                 
    Account Number: 20991901

    You represent and warrant that you have the power and authority to make payment by credit card or Bpay.

    (6)    Suspension of services

    If any bills or parts of a bill are unpaid after 14 days of the date of the bill, in addition to any other rights we may have under this Service Agreement, we may at our discretion elect to suspend the provision of services to you until your account is brought up to date.

    Prices for service

    All fees and charges are subject to change without notice to you.

    You agree to pay the fees and charges at the rates particularised in our website.

    Subscription fees are based on per business address and separate trading names where applicable. e.g Company, ABCDE Pty Ltd is trading as Pet Resort One located at: 1 example st, and Pet Resort two at: 20 example st. This business would require a separate subscription for each business/address.

     

    Pet Tech Pro pricing – https://www.pettechpro.com.au/pricing/

    Pet Tech Pro support, training, programming etc – https://www.pettechpro.com.au/pricing/support-and-training-fees/

     

    NOTE: because our fees and charges are to subject to change, the fees and changes payable by you are calculated as at the date we issue you our tax invoice and NOT the date:

    • when you entered into the Service Agreement; or
    • of your software subscription for the use of Pet Tech Pro.

     
    Credit Card Information

    Pet Tech Pro Pty Ltd's system is not PCI DSS compliant nor certified, rated, designed or intended in any other way to provide for the storing of credit card details.

    We recommend that you do not store credit card details on our system.

    You store credit card details on our system at your own risk. We take no responsibility for identity theft or for any unauthorised access to information or funds connected with credit cards.

    Insurance

    We recommend you:

    • consider contacting an insurance broker;
    • taking out a Digital Asset insurance policy; or
    • other insurance policy,

     

    which will allow you to insure your data and digital assets or against income loss which may arise due to:- lost data; hacking; viruses, and the like.

     

    Termination of Service Agreement By You

    Subject to any provision allowing earlier termination, you may terminate our engagement at any time upon giving 30 days written notice to us. 

    Termination of Service Agreement By Us with Notice

    Subject to any provision allowing earlier termination, we may terminate this Service Agreement on giving you 7 days notice without having to give a reason for doing so.

    Termination of Service Agreement By Us without Notice

    If you:

    • being an individual, become bankrupt as defined in the Bankruptcy Act 1966 (Cth); or
    • being a company (whether on its own account or as trustee for a trust), are placed into receivership or liquidation or under administration; or
    • are convicted of a criminal offence, carrying a gaol term of five (5) years or more, or an offence involving fraud, deception, dishonesty or misleading conduct; or
    • commit a fundamental breach of the Service Agreement,

     

    we may terminate the Service Agreement immediately.

    Death of Individual Customer-Account Holder

    In the event an individual customer dies whilst this Service Agreement is on foot, then:

    • we will use our best endeavours to liaise with your legal personal representative to determine whether or not our continued engagement is required;
    • you agree upon entering into this Service Agreement that in the event of your death any outstanding liability in respect of our costs shall be paid out of your estate.

     

    Mutual Termination

    Notwithstanding any other provision of this Service Agreement, you and Pet Tech Pro Pty Ltd may mutually agree in writing to terminate the Service Agreement.

     

    Consequences of Termination

    If this Service Agreement is terminated:

    • we are not liable to compensate you for any losses you may suffer due to the termination;
    • you are immediately indebted to us for all costs incurred by us in carrying out work for you (and not yet paid) to the date of termination;
    • you remain liable for all costs reasonably incurred by us subsequent to us receiving a notice in writing of termination from you, where those costs relate to some form of ongoing work that must be undertaken by us;
    • in addition to any other rights which we have, we will maintain a lien over all of your money and property (including your files, documents and data (whether electronic or otherwise)) in our possession or under our control (or which may come into our possession or under our control) until all monies due to us by you have been paid;
    • due to your default, then you may be liable for all costs reasonably incurred by us in enforcing our rights for non payment or otherwise, including our legal fees, interest and court costs;
    • your right to use the Pet Tech Pro software immediately ceases and the licences granted under this Service Agreement are withdrawn;
    • we will provide you with a digital copy of your data within 48 hrs after termination;
    • subject to each party having met all its obligations under the Service Agreement up to and including the date of termination, then from the date of termination each party is immediately released from any ongoing obligations under the Service Agreement, but subject to any obligations which by their nature survive termination, such as confidentiality.

     

    Assignment
    You must not assign, sublicence or otherwise deal in any other way with any of your rights under this Service Agreement without our prior written consent. For example:

    • in the event the Customer is a company, any restructure of the directorship or shareholding in the company will be considered an assignment; and
    • where the Customer sells, transfers or otherwise assigns its rights in a business to a third party buyer, where the owner of that business subscribes to the services we provide, such sale or transfer will be considered an assignment.

    As a condition of our consent to assign the Service Agreement, we may require:

    • in the event the Customer is a company, once a re-structure is finalised that the Customer under the new structure enter into our then current version Service Agreement; and
    • where the Customer sells, transfers or otherwise assigns its rights in a business to a third party buyer, the buyer as the new Customer entering into our then current version Service Agreement.

    If the above assignment provisions are not met, we may at our sole discretion:

    • terminate the Service Agreement; or
    • suspend your access to and use of our services until our conditions for consent are satisfied.

     

     

    Disclaimer and Indemnity

    You agree to indemnify and hold Pet Tech Pro Pty Ltd and its officers, directors, agents, members and employees harmless from any claim, demand, loss, or damages, or loss of profits, including reasonable legal fees, made by any third party due to or arising from your breach of this Service Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

    You release to the fullest extent permitted by law, Pet Tech Pro Pty Ltd and its officers, directors, agents, members and employees from all claims and demands resulting from your use of the CODA ASSOCIATES and/or PET TECH PRO websites.

    Under no circumstances shall Pet Tech Pro Pty Ltd its officers, directors, agents, members and employees be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, in respect of the use of, or reliance on, the Materials including in respect of loss of profits or loss or inaccuracy of data.

    You expressly agree and understand that in no circumstances will Pet Tech Pro Pty Ltd or its officers, directors, members, agents or employees be liable to you for any claim, demand, loss, or damages, or loss of profits, including reasonable legal fees, of whatever nature howsoever arising which result from the use of any Pet Tech Pro Pty Ltd’s services.

    Pet Tech Pro Pty Ltd makes no guarantee that your access to the CODA ASSOCIATES and/or PET TECH PRO websites will be uninterrupted, timely, or secure.

    You acknowledge you have not relied on any advice or representation made by or on behalf of Pet Tech Pro Pty Ltd in connection with the content on the CODA ASSOCIATES and/or PET TECH PRO websites. All material provided on the CODA ASSOCIATES and/or PET TECH PRO websites is provided in good faith. Your use of  www.codaassociates.com.au and www.pettechpro.com.au is at your own risk.

    The information and material on the CODA ASSOCIATES and/or PET TECH PRO websites is intended as general information only.

    Pet Tech Pro Pty Ltd will use its best endeavours to ensure the information and material on the CODA ASSOCIATES and/or PET TECH PRO web site is reliable and accurate, however, neither Pet Tech Pro Pty Ltd nor its officers, directors, members, agents or employees make any representation or warranty that any information and material presented is reliable, accurate or complete. No responsibility is accepted arising any way from any errors or omissions in the material presented.

    Pet Tech Pro Pty Ltd does not and cannot guarantee or warrant that files downloaded through the CODA ASSOCIATES and/or PET TECH PRO websites or delivered via electronic mail through the websites will be free of infection from viruses, worms or other code with contaminating or destructive properties. We recommend you undertake all appropriate measures to safeguard your computer hardware and software through use of firewalls, virus protection and other protective measures.

    Pet Tech Pro Pty Ltd excludes all implied conditions and warranties from the terms of this Service Agreement, except those conditions or warranties which cannot by law or statute be excluded.

    Confidentiality
    A party must not, without the prior written consent of the other, use or disclose the other party's Confidential Information unless expressly permitted by this Service Agreement or required to do so by law or any regulatory authority.
    A party may:

    • use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Service Agreement; and
    • disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Service Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

     

    Customer’s Data

    You acknowledge and agree that Pet Tech Pro Pty Ltd may use the Customer’s Data on the CODA ASSOCIATES and/or PET TECH PRO websites and/or as part of its software.

    Pet Tech Pro Pty Ltd will use their best endeavours to maintain the confidentiality of the Customer’s Data.

    Upon termination of the Service Agreement the customer is entitled to digital copies of the Customer Data upon giving written request being made to Pet Tech Pro Pty Ltd. Pet Tech pro Pty Ltd will endeavour to provide such digital copies within 7 days of the request.

    Changes to these Terms and Conditions
    We may make changes to these Terms and Conditions from time to time. You will be notified of material changes by a posting as you sign in to the PET TECH PRO network or by email to your current email address as registered with Pet Tech Pro Pty Ltd.
    To access a printable, current copy of our Terms and Conditions, go to the following page on our website https://www.pettechpro.com.au/pet-tech-pro/service-agreement-terms-and-conditions/

    Please check regularly to ensure that you are aware of any changes.
    Your continued use of the CODA ASSOCIATES and/or PET TECH PRO websites after 48 hours from any changes signifies acceptance of these changes by you. If you do not accept changes to these Terms and Conditions you must stop using the CODA ASSOCIATES and/or PET TECH PRO websites within this 48 hour period, in which case this Service Agreement shall terminate and you will no longer be able to access the PET TECH PRO network.
    Electronic Communications
    The Electronic Transactions (Queensland) Act 2001 (Sections 11 and 12) require person/s to provide consent (in certain circumstances) if they agree to receive information via electronic communication, such as, by email.
    Similar Federal, State and Territory Acts apply in other jurisdictions.
    For the purpose of the Electronic Transactions (Queensland) Act 2001 (and to the extent similar Federal, State and Territory Acts apply in other jurisdictions), by entering into our Service Agreement you consent to the use of electronic communication for the purpose of any one of more of the following (as applicable):

    • communicating with you or other relevant parties;
    • providing/receiving documents to/from you and other third parties;
    • delivering our bills/accounts to you.

    Entire Agreement

    This Service Agreement (and any documents executed in connection with it) is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements.

     

    Jurisdiction

    This Service Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.
    PRIVACY POLICY

     

    What is a privacy policy?

    The Privacy Act requires us to have in place procedures that cover the collection, use and disclosure of personal information we may hold about you. 

    In this policy we will tell you –

    • why we collect your information;
    • the parties to whom we may disclose your information;
    • what happens if you choose not to provide us with requested information;
    • how you can request the information we hold about you.

     

    Why do we collect personal information?

    We collect personal information about you for the purpose of undertaking the work you have engaged us to perform. 

    Depending on the type of work we are to perform, we can require varying levels of information. 

    What if you do not want to provide information we request? 

    We only ask for information that is necessary for us to properly carry out the work you have engaged us to perform.

    If you do not provide us with the requested information, we may not be able to properly carry out the work. 

    Will we disclose your personal information?

    From time to time it is necessary for us to disclose your personal information to other persons.

    Such other persons may include –

    • external programmers and consultants;
    • our employees and contractors.

               
    This list is not exhaustive. 

    We only disclose your personal information as and when it is necessary to carry out the work you have engaged us to perform.

    How do you request access to your personal information held by us? 

    You can request access to the personal information we hold about you by speaking with Blake De Bruin or an authorised representative of Pet Tech Pro Pty Ltd.

    If you require access to your personal information, we request that you make that request in writing and give us full details of what you would like to know or see. 

    Warning

    It is your responsibility to seek independent legal advice to confirm an electronic signature creates a legally binding contract in your jurisdiction.

    I accept the terms and conditions of this Service Agreement.

    See link for module pricing. http://codaassociates.com.au/pricing