TermsConditionsPage

SITE TERMS OF SERVICE

Last Updated: 1245 28 July 2025

Please read these Terms of Service carefully to understand our practices, as they form a legal agreement between you and The Dog Share Collective Ltd. If you do not understand any of the terms, please contact our Member Support Team before using the Services.

BY USING OUR SERVICE, YOU ACCEPT OUR TERMS. PLEASE DO NOT USE OUR SERVICE IF YOU DO NOT ACCEPT OUR TERMS.

DIGITAL PDF VERSION: SITE TERMS OF SERVICE 1245 28 July 2025 (N.B. Temporarily unavailable)

_____________________________

The Dog Share Collective Ltd

TEXT VERSION: SITE TERMS OF SERVICE

Last Updated: 1245 28 July 2025

1 Interpretation of Terms and Rules 2

2 Acceptance of Terms 6

3 Acceptance of Services 7

4 Subscription 9

5 Payment Terms 11

6 Membership 12

7 Member Content 14

8 Member Code of Conduct 15

9 Your Obligations 18

10 The Dog Share Collective's Obligations 20

11 Complaint Procedure 21

12 Suspension of your Subscription 21

13 Term and Termination 22

14 Limitation of Liability 23

15 Disclaimers 26

16 Waiver 27

17 Entire Agreement 27

18 Privacy Policy 28

19 Dog Owners, Dog Borrowers and Third-Party Services 28

20 Intellectual Property Rights 29

21 Assignment and Variation 30

22 No Partnership or Agency 30

23 Notices 31

24 Severance 31

25 Confidentiality 31

26 Indemnification 32

27 Governing Law and Disputes 32

28 Accountability 33

BY USING OUR SERVICE, YOU ACCEPT OUR TERMS. PLEASE DO NOT USE OUR SERVICE IF YOU DO NOT ACCEPT OUR TERMS.

1 Interpretation of Terms and Rules

1.1 The following interpretation of terms outlined herein apply to these Terms of Service and our Privacy Policy:

After Hours means 6.00pm to 8.00am local NZ time everyday.

Agreement means these Terms of Service and the Privacy Policy for our Site.

Approved Community Organisation (ACO) means a NZ community organisation which has been approved (in writing) by The Dog Share Collective to subscribe and obtain a licence to register one individual as the Member and Nominated Person of that organisation. e.g. The Activity Manager in a Retirement Home, acting on behalf of residents seeing dog companionship but cannot independently access the site or commit to the relationship, or The Foster Manager in a Dog Rescue Organisation acting on behalf of rehabilitated dogs whilst they are in their legal guardianship (see clause 3.2.2 for the conditions applied to dog listings). Not-for-profit ACO's may request free membership.

Business Day means any day which is not a weekend or public holiday in NZ.

Business Hours means 10.00 am to 4.00 pm local NZ time, each Business Day.

Business Partner means a NZ organisation who has partnered with The Dog Share Collective, to bring good stuff to our Members and dogs in communities across NZ through Dog e-Deals.

Complaint Procedure means the policy described in clause 11.

Confidential Information means information that is proprietary or confidential and is either clearly labelled as such or is identified as Confidential Information in clause 25.

Connection has the meaning given in clause 3.1.1 and 3.1.2.

Device means a computer or other device that the Member owns and/or controls.

Dog Borrower/ Sitter means the Member who provides the services of companionship and caring for the dog(s), and/or the property of the Dog Owner.

Dog Owner means the Member who engages: (1) a Dog Borrower to assist them with providing human companionship and caring in respect of their dog(s) and/or the property of the Dog Owner; or (2) a fellow Dog Owner to assist them with finding compatible canine companionship for their dog(s).

Duty of Care means the responsibilities that a Dog Owner has under the Dog Control Act (1996) as summarised on the NZ Governments dog safety website. The same responsibilities are transferred to a Dog Borrower (e.g. (1) caring for a dog by providing sufficient food water, exercise and shelter; (2) taking all reasonable steps to ensure the dog does not cause a nuisance to any other person, stock, poultry, domestic animal or protected wildlife or (3) damage or endanger property belonging to another person.

Initial Subscription Term means the initial one year term of this Agreement for services as set out in the Subscription Plan.

Intellectual Property Rights has the meaning given in clause 20.2.

Impact Partner means a not-for-profit NZ based charitable dog charity who has partnered with The Dog Share Collective, and which funding is being generated for. For a list of Impact Partners see the funding page of The UnderDogs Foundation, http://theunderdogsfoundation.org.nz/funding.html.

Member (“You”, “Your”) means any individual to which the Subscription Services are provided by The Dog Share Collective, including Dog Borrowers and Dog Owners (whether on a free or paid-subscription basis), as set out in the Subscription Plan.“The Member”, “you” and “your”are a reference to the individual that accesses and/or uses the Site as a Member.

Member Code of Conduct means the standards of behaviour that our Members agree to by using the Site, set out in clause 8. Such rules of conduct may be updated from time to time by The Dog Share Collective for the widest benefit of our Members. If you do not undertake to share the values and behaviours outlined in this code, you must not access or use the Site.

Member Content means any member generated content or data, either input by the Member, or by The Dog Share Collective on the Members behalf, for the purpose of using the Subscription Services or facilitating the Member's use of the Subscription Services; and has the meaning given in clause 7.1.

Membership Fee means that base fee payable by the Member to The Dog Share Collective within the Subscription, which provides a Member with a licence to use the Site.

Member Offer means an exclusive product and service offer made available to the Member by third parties.

Member Support Services means the support services provided by the Member Support Team at The Dog Share Collective to assist Members in using the Site, during Business Hours. Contact in writing via support@thedogsharecollective.com. For urgent assistance, direct message via Messenger or What’sApp.

Nominated Person means the person whom an Organisation permits and authorises in writing with The Dog Share Collective, to use the Subscription Services during the Subscription Term on their behalf e.g. Activity Managers in Retirement Homes, Foster Managers in Dog Rescue Organisations. Members purchasing a subscription for personal use may not appoint a Nominated Person.

Personal Information means information made available by the Member to The Dog Share Collective via the Site or such other tools as may be used from time to time including, but not limited to, emails.

Privacy Policy means The Dog Share Collective’s Privacy Policy as amended by The Dog Share Collective from time to time on the Site..

Profile means the information held by The Dog Share Collective about a Member or dog of a Member, such information having been submitted by the Member to whom the information relates to (or the Nominated Person) on the Site.

Renewal Date means the day immediately following the end of the Subscription Term and, subsequently, the day immediately following the end of each Renewal Period.

Renewal Period means each successive additional period of 12 months after the Initial Subscription Term.

Review means a review of a Dog Owner or Dog Borrower that is uploaded to the Site by a Dog Owner or Dog Borrower.

Services means the Services provided by the Site and The Dog Share Collective.

Site means the website www.thedogsharecollective.com, including all Services made available via the Site.

Software and Technology means the online software applications developed and provided by The Dog Share Collective as part of the Subscription Services.

Subscription means the Subscription Plan purchased by the Member pursuant to this Agreement which entitles the Member to access and use the Subscription Services in accordance with this Agreement.

Subscription Fee means the amount payable by the Member to The Dog Share Collective for the Subscription, as set out on the Select Your Subscription page of our Site.

Subscription Plan means the Subscription type (Dog Owner or Dog Borrower), selected by the Member, as set out on the Select Your Subscription page of our Site.

Subscription Services means the services provided by The Dog Share Collective as part of a Subscription and made available to the Member on the Site by third parties or in such other format as may be determined by The Dog Share Collective from time to time.

Subscription Term means the Initial Subscription Term together with any subsequent Renewal Periods, including any automatic Renewal Period(s) and any such period of time where Subscription Services are provided or obtained by a Member as a result of the Subscription.

Terms of Service means these Terms of Service and the Privacy Policy as amended by The Dog Share Collective from time to time on the Site.

The Dog Share Collective (“Collective”, "we," “our” or "us") means The Dog Share Collective Limited incorporated and registered in New Zealand with company number 5998787 (Dog Locals Limited.).

The UnderDogs Foundation means The UnderDogs Foundation Charitable Trust registered in New Zealand with charitable trust number CC54581, as the social good arm of The Dog Share Collective Limited (Dog Locals Limited) found online at www.theunderdogsfoundation.org.nz.

Third-Party Partner means all external parties with which The Dog Share Collective has a relationship, including Dog Owners, Dog Borrowers, contracted parties providing Members with Subscriptions Services and redeemable Member Offers.

Virus means any thing or Device including any software, code, file or programme which may: (1) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or Device; or (2) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise; or (3) adversely affect the Member experience of the Site, Subscription Services and/or information, including worms, trojan horses, and other similar things or Devices.

1.2 References to clauses and schedules are to the clauses and schedules in these Terms of Service.

1.3 Paragraph and clause headings shall not affect the interpretation of these Terms of Service. Headings are for convenience only and shall not be used to construe the terms of these Terms of Service. If any term in these Terms of Service is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Service.

1.4 A reference to a statute or statutory provision is a reference to it, as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.5 Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.6 A written reference or a communication in writing includes e-mail and digital means, but not faxes.

1.7 Words in the singular shall include the plural and vice versa.

2 Acceptance of Terms

2.1 The Dog Share Collective Ltd. ("The Dog Share Collective”, “Collective”, "we," “our” or "us", “Dog Locals”) offers you access to an online community of dog lovers through our website located at www.thedogsharecollective.com, (the "Site”). By subscribing as a member (“Member,” “you”, or “your”) to our Site or using The Dog Share Collective Service in anyway, you accept these Terms of Service (“Terms of Service”) Agreement (“Agreement”), which forms a binding Agreement between you and The Dog Share Collective.

2.2 The Site is operated by The Dog Share Collective Limited, a company registered in New Zealand under number 5998787. By accessing and using the Site you are indicating your acceptance to be bound by terms, rules, policies, guidelines, practices and disclaimers contained in this Agreement and the Laws of New Zealand. If you do not accept this Agreement, you must not access or use the Site.

2.3 We reserve the right to modify this Agreement from time to time to ensure our Site continually meets or exceeds all legal requirements and best practice in our services (“Services”) offerings. When we make modifications to this Agreement, they will be effective upon being posted on the Site and we will revise the "last updated" date at the top of this Agreement to indicate this. You should review this page periodically to determine when the Agreement was last revised, as these will be binding on you. Your continued use of the Site following any such modification(s) being posted shall be deemed to be your acceptance of such modification(s).

3 Acceptance of Services

3.1 Our Site aims to find dogs the companionship they need by connecting New Zealand's dog loving community. Through tools and Services accessible on the Site we:

3.1.1 Provide connection (“Connection”) Services so dogs and their owners (“Dog Owners”), can find dog-less dog lovers (“Dog Borrowers”) who would like to offer part-time companionship to a compatible dog, for the love of the dog, not to get paid;

3.1.2 Provide Connection Services so Dog Owners can find other Dog Owners, when they would like to offer their dog for the part-time companionship of another dog (e.g. backyard sharing, reciprocal dog walking), not to get paid;

3.1.3 Enable Dog Owners to create and post detailed profiles (“Profiles”) of their dog(s) so their unique companionship requirements can be searched, filtered and reviewed for compatibility by local Dog Borrowers;

3.1.4 Provide Members with access to a searchable database of potential canine companions, enabling them to find dogs whose lifestyle and companionship needs are compatible with their own, or their dog(s);

3.1.5 Enable Members to create, upload and share detailed personal Profiles so their unique lifestyle situations and dog caring skill-sets and experience can be reviewed by another Member, once a ‘Request to Share’ has been made or accepted between two Members (prior this, the Members personal Profiles remain private);

3.1.6 Enable Members to connect online direct once a ‘Match Request’ has been accepted, to ask more questions or arrange a first meeting which must be in a public place, NOT at the dog’s living or work location;

3.1.7 Provide Members with access to redeem exclusive offers to Members (“Member Offers”) made available by third party product and service providers (see clause 19.4).

3.2 To use our Site you must:

3.2.1 Be at least 18 years old. By purchasing a Subscription for Services, you warrant that you are at least 18 years old. If you are still a minor and would like to dog-share, your parent or legal guardians must register as the Member, and their Profile must accurately represent what other family member’s interests are in sharing the care of the dog. You may not at any time use your parent or legal guardian’s login details (“Login Details”), to use the Site, including interactive areas;

3.2.2 Be the legal owner of any dog(s) listed. By purchasing a Subscription for Services, you warrant that the dog you have listed is legally owned by you and is registered, unless it is a working farm dog. Exception: If you are an approved community organisation (“Approved Community Organisation”) that is appointed as the temporary legal guardian of a dog, you may list that dog(s) and unlimited dogs, provided the dog(s) under your organisation's custody are temperament tested.

3.2.3 Only list a dog that is safe to share. By purchasing a Subscription for Services you warrant that the dog you have listed is (1) at least 3 months old, (2) is not registered as a “dangerous” or “menacing” dog under the Dangerous Dogs Act (1991) and (3) is healthy at the time of listing. These rules are in place for reasons of other Member safety;

3.2.4 Be resident in New Zealand. By purchasing a Subscription for Services, you warrant that you are currently residing in New Zealand, or will be residing in New Zealand prior to accepting any ‘Requests to Share’;

3.2.5 Be qualified to own (or care for) a dog. By purchasing a Subscription for Services, you warrant that you are currently (1) not disqualified from owning a dog, and/or (2) are not declared a probationary owner, having been convicted of an offence under the Dog Control Act (1996), Parts 1 and 2 of the Animal Welfare Act (1999), section 26ZZP of the Conservation Act (1987), or section 56I of the National Parks Act (1980); and,

3.2.6 Comply with our Member Code of Conduct. By purchasing a Subscription for Services, you warrant that you agree to comply with The Dog Share Collective’s Member Code of Conduct (“Member Code of Conduct”), (see clause 8).

3.3 If you have questions about whether our Site and The Dog Share Collective Service is appropriate for you or your dog, please review our Frequently Asked Questions for Owners and Borrowers or contact the Member Support Team (“Member Support Services”).

4 Subscription

4.1 Subject to you purchasing the subscription services (“Subscription Services”) in accordance with this Agreement, The Dog Share Collective hereby grants you a limited, non-exclusive, non-transferable licence to use the Site during the subscription term (“Subscription Term”) solely for your personal, non-commercial use as a Member. This Member license is personal to you and may not be assigned or sub-licensed to anyone else, including friends or other family members (see Clause 4.2.3). Exception: If you are an Approved Community Organisation, the Member licence is assigned to the nominated person (“Nominated Person”) (see clause 6.2.6).

4.2 To join and use our Site as a Member you shall:

4.2.1 Select a subscription plan (“Subscription Plan”) (Dog Owner or Dog Borrower) and pay the subscription fee (“Subscription Fee”) in accordance with the procedure set out on the Site (see clause 5). If we accept your Subscription, it is at this point that a final and non-refundable contract is formed under this Agreement between The Dog Share Collective and you, in respect of your Subscription;

4.2.2 Accept the terms of this Agreement which will be binding on you, including compliance with the Member Code of Conduct, which are incorporated into this Agreement (see clause 8); and,

4.2.3 Not allow or permit your Subscription or Account Details to be used by any person other than you (this restriction also applies to the Nominated Person).

4.3 Subject to clause 4.2 as a Member you acknowledge that:

4.3.1 Subscription will be effective for one year from the commencement date of the then-current initial subscription term (“Initial Subscription Term”) in respect of which you have already paid the Subscription Fees. Your account will remain active until the end of the Subscription Term. To deactivate your profile(s) during this period, simply save your profile(s) as draft.

4.3.2 By default, your subscription expires at the end of the then-current Initial Subscription Term (one year). Your account will NOT auto-resubscribe. You will receive an email notice 30 days prior to the renewal date (“Renewal Date”) of your Subscription. This notice will let you know that your Initial Subscription Term/Renewal Period (as applicable) is about to end and the Renewal Date when on which your Subscription will expire. All notices regarding a Subscription will be sent to the email address specified in your account. You must notify The Dog Share Collective before the Renewal Date of any changes to your email, account or billing information.

4.3.3 To manage your resubscription, go to your My Membership page at any time during your current subscription term. Select 'activate my resubscription' to arrange payment to be made on the first day of the subsequent subscription term, using your pre-approved preferred payment method and select 'cancel my resubscription' at any time to subsequently cancel your resubscription.

4.3.4 Notwithstanding the above provisions of this clause which enable you to control your Subscription, if you would like to cancel your Subscription, Resubscription or delete your Account at any time during the Initial Subscription Term or Renewal Period you can contact Member Support Services for assistance. Access to the Site will be disabled within three working days and your account will be deleted.

4.4 As a consumer, you have a legal right to cancel your contract for Subscription Services under the Consumer Guarantees Act (NZ) 1993 and Fair Trading Act 1986 (NZ). You also have legal rights in relation to the Subscription Services if the Subscription Services are not carried out with reasonable skill and care. Advice about your legal rights is available from the Member's local Citizens' Advice Bureau or Ministry of Business, Employment and Innovation. Nothing in this Agreement shall affect your statutory rights as a consumer.

5 Payment Terms

5.1 By purchasing Subscription Services on our Site, you shall:

5.1.1 Hereby authorise us to bill you via your preferred payment method, for the applicable fee in advance on the date of Subscription, details of which you provide to us during the Subscription process; and,

5.1.2 Acknowledge that your Subscription will not automatically renew, but you may at any time during your Initial Subscription Term choose to 'enable your resubscription'. If you choose this option, you will be charged the annual Subscription Fee due on the Renewal Date via the preferred payment method that you used for the original Subscription Fee payment, or the most recent renewal, on each anniversary of your Renewal Date for the duration of your account, unless you cancel your resubscription before the Renewal Date.

5.2 Your payment of the Subscription Fee shall be:

5.2.1 Payable in advance on the date of subscribing for the Initial Subscription Term and on each Renewal Date for the following Renewal Period; and,

5.2.2 Payable in NZ dollars, inclusive of GST and we shall not be liable for any additional sums paid due to any bank charges.

5.3 In respect of the payment charges for the Subscription Fee:

5.3.1 The Subscription Fee for a Renewal Period will be the same price as for the Initial Subscription Term/previous Renewal Period (as applicable), prior to any discounts being applied, unless we give you advanced notice of a price change. Special terms applied to Subscription Fees in one Subscription Term will not be carried to the next Subscription Term;

5.3.2 We reserve the right to vary the fees in accordance with these Terms of Service. We shall be entitled to increase or decrease the Subscription Fees at any time, and shall advise you in advance of such change, and at the start of each Renewal Period. Your continued use of the Site after the fee variation becomes effective constitutes your agreement to pay the new fee, which will be billed via your preferred payment method at the start of each Renewal Period;

5.3.3 The Subscription Fee is non-refundable and non-transferable, unless this agreement expressly provides otherwise (including clause 9 “Suspension” and clause 10 “Termination”);

5.3.4 From your Subscription Fee The Dog Share Collective makes a donation to the dog charity of your choosing, through The Dog Share Collective’s Charitable Trust, The UnderDog’s Foundation (CC 54581). The amount that is donated, and your selection of dog charity (Impact Partner) are annotated on your subscription receipt. Donations are distributed to Impact Partners annually on 14 February, and the collective impact of donations made by The Dog Share Collective can be viewed at http://theunderdogsfoundation.org.nz/.

5.3.5 We reserve the right to deny Subscriptions, renewals, and other purchases for any reason;

5.3.5 We may disable your account and access to all or part of the Site and shall be under no obligation to provide any or all of the Subscription Services while any Subscription Fees remain unpaid and not re-enable the same until such fees have been paid;

5.3.6 We reserve the right to correct any errors or mistakes that we make in relation to fees, even if it has already requested or we have received payment; and,

5.3.7 All payments made under this Agreement are securely processed by a third party, Stripe Inc. and your personal information (“Personal Information”) will be handled in accordance with their privacy policy (see clause 9.2 of our Privacy Policy) (“Privacy Policy”).

6 Membership

6.1 When you register an account on the Site, either as a Dog Owner or a Dog Borrower, you will be required to provide Login Details for use with the Services or you may elect to log in using your Facebook account.

6.2 To register your account and maintain the use of Subscription Services as a Member you agree to:

6.2.1 Maintain the confidentiality of your Login Details for your exclusive use of the Subscription Services and be responsible for all activity that occurs under your account, including any activity by authorised or unauthorised users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Site to prevent any unauthorised access to, or use of your Subscription Services, Login Details and/or Account and or Personal Information). In the event of any such unauthorised access or use, or breach of security you undertake to immediately notify us (this applies to the Nominated Person);

6.2.2 Provide complete and accurate Personal Information to us in the registration process and notify us of any changes to your Personal Information;

6.2.3 Use your legal name on your Profile. You may not use another person's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. If you are an Approved Community Organisation, you must use both the actual legal name of your entity or organisation on your Profile and your own legal name, clearly identified as a Nominated Person;

6.2.4 Permit us to audit your Membership to determine if any name or password has been amended or provided to any individual who is not a Member. If our audit reveals this, without prejudice to our other rights and remedies, we shall promptly disable such passwords and The Dog Share Collective and shall not issue any new passwords to you. Subscription Services may also be terminated (see clause 13);

6.2.5 Not disclose Personal Information in a dog’s public Profile, that could identify you such as your name, photo, phone, address, email address, or telephone number. We reserve the right to amend or delete your Profile for the purpose of removing this information. The Personal Information you upload to your Member Profile remains private until such time as you ‘Request to Share’ a dog, or ‘Accept a Share Request’; and,

6.2.6 If you are an Approved Community Organisation, the Nominated Person whose email address is associated with the account must have the authority to bind the entity to this Agreement, and will be the Nominated Person for the Initial Subscription Term and any Renewal Period unless requested otherwise in writing. The Nominated Person shall: (1) request to establish an Approved Community Organisation by confirming the full name of the entity/ organisation and name of the Nominated Person in writing to Member Support Services; (2) purchase a Subscription Plan and, (3) clearly place the name of the entity/ organisation and Nominated Person on all Profiles (Dog’s profile and Dog Owner Profile, or Dog Borrower Profile).

7 Member Content

7.1 You have the right to post Member Content (“Member Content”) on the Site. Member Content includes any information, photographs and other materials in any form submitted through your use of the Service, including that displayed in interactive areas, Member Profiles (“Member Profiles”), Member Reviews (“Member Reviews”) and comments; or any material sent by you to other Members or The Dog Share Collective.

7.2 You shall own all rights, title and interest in and to all of the Member Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Member Content subject to the below restrictions. You shall:

7.2.1 Not post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law;

7.2.2 Not post, publish, distribute or disseminate material or information that: (1) violates any applicable laws or regulations; (2) is defamatory, infringing, obscene, indecent, harassing, harmful, or racially or ethnically offensive or unlawful; (3) or is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or nationality in a manner that is otherwise illegal or causes damage or injury to any person or property;

7.2.3 Not impersonate any person or entity for the purpose of misleading others; and/ or threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

7.2.4 Not use the Site in any manner that could interfere with any other party's use and enjoyment of the Site;

7.2.5 Not send any other Member unsolicited messages, to advertise or offer to buy or sell goods or services for any personal financial benefit, commercial purpose or otherwise; and,

7.2.6 Not post negative Member Content about another Member unless it is made by the relevant Dog Owner or Dog Borrower. To enable transparency in the situation the Site also provides the other party (relevant Dog Owner or Borrower) the opportunity to comment on any negative Member Review or Member Content elsewhere on the Site.

7.2.7 Acknowledge that Member Content, whether posted publicly or transmitted privately, is the sole responsibility of the originator, and that we do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. We will not be liable in any way for any Member Content or for any loss or damage of any kind resulting from the use of any Member Content transmitted via the Site and you agree to bear all risks associated with the use of any Member Content, including reliance on the accuracy or completeness of such Member Content.

7.3 To the extent that any Member Content contains Personal Information or data (as is defined in the Privacy Act 1993), notwithstanding any other provision of this clause 7, your Personal Information shall be processed in accordance with The Dog Share Collective’s Privacy Policy

7.4 The Dog Share Collective has the right to monitor all content submitted to The Dog Share Collective Service, but no obligation to screen or monitor any content and does not guarantee that any content available on The Dog Share Collective Service complies with this Agreement or is suitable for all users.

7.5 The Dog Share Collective reserves the right, without liability to the Member and without prejudice to its other rights and remedies, to disable the Member's access to any material that breaches the provisions of this clause.

7.6 The Dog Share Collective reserves the right to publish any Member Content posted on the Site or elsewhere as it sees fit in its absolute discretion.

8 Member Code of Conduct

8.1 As a Member of our Site and in using The Dog Share Collective Services you acknowledge that:

8.1.1 You do so solely at your own risk;

8.1.2 If a Connection is made on our Site, all arrangements for dog-sharing are to be made between you and other Members directly;

8.1.3 You are to undertake all necessary precautions when communicating with or meeting other Members, including undertaking all due diligence required prior to committing to a dog-sharing arrangement. To foster best practice across our Collective, we provide Members with a checklist (Dog e-Checklist) and written agreement (Dog e-Agreement). We recommend that every dog-sharing arrangement is agreed in writing, however such decisions remain between the relevant responsible Dog Borrower and Dog Owner (as applicable).

8.1.4 Once a dog-sharing agreement is entered into, disputes are directly between you and the other Member, Dog Owner or Dog Borrower (as applicable), including (1) cancellation of any dog-sharing agreement (2) dissatisfaction about the quality of the Dog Owner’s or Dog Borrower’s treatment of a dog; or (3) any other complaint at all about a Dog Owner or Dog Borrower that you have shared a dog with, such as, as a result of any act or omission of any Dog Owner or Dog Borrower (or any other person).

8.1.5 You may not accept or seek payment from another Member. In particular, (1) you agree that you will not use the Site to make financial gains (whether pecuniary or otherwise) for dog walking, caring, sitting or other related in-home sitting services, and (2) you agree that you will not use our Connection Services for any purpose other than finding dog companionship, such as connecting with other Members to offer commercial, paid or Third-Party Partner services. Your compliance, prohibition and reporting against a Dog Owner or Dog Borrower is monitored and supported. If a Member contacts you for any reason other than creating a free dog-sharing arrangement you are to report them by using the ‘Report this Member’ button on their Profile or contact Member Support Services.

8.1.6 We do not endorse or approve any Member as a Dog Owner, Dog Borrower and/or any third-party partner (“Third-Party Partner”) or their services; and,

8.1.7 We do not act as an agent for either Member, as Dog Owner or Dog Borrower, and we do not participate in the provision of dog-sharing or any other sharing agreement made between you and the other Member for the dog’s benefit.

8.2 As a Dog Owner you acknowledge that:

8.2.1 You are liable for your dog (legally and financially) at all times, including any damages your dog may cause to property, whether the dog is in your own care or the Dog Borrowers care. The Dog Borrower will assume legal responsibility for your dog, but you hereby waive all liability for your dog, unless otherwise agreed in writing;

8.2.2 You need to undertake the due diligence necessary to determine another Member’s suitability to provide companionship and caring for your dog (and your property, when in-home sitting is requested). As such, and by way of example, seeking third party references, criminal background checks and assessing first hand a Borrower’s dog caring capability and experience, prior to entrusting your dog or property in their care.

8.3 As a Dog Borrower you acknowledge that:

8.3.1 Whilst a dog is under your care, you assume the same legal responsibilities for a dog’s duty of care (“Duty of Care”), as if you were the dog’s owner and you may be held accountable for negligence by authorities;

8.3.2 Notwithstanding the preceding Duty of Care responsibilities outlined in clause 8.3.1, a Dog Owner retains full liability for their dog, including damages caused to property (see s63, Dog Control Act (1996)) by the dog and the Dog’s Owner waives all claims of liability against you, unless agreed otherwise in writing.

8.3.3 In the event that the dog you are borrowing damages your personal property (e.g. the dog scratches your solid rimu door), if you have contents insurance (pet damage cover may need to be specified) you can make and receive a claim. However, whilst your insurance company will pay you out, your insurance may then pursue the insurance company of the Dog Owner for reimbursement. This illustrates the pervasive nature of a Dog Owner’s ultimate liability for their dog and the trust they are placing in you when they are in your care. For this reason we recommend that the property owner (e.g.Dog Borrower's or Dog Owner's property when dog-sitting, in-home dog-sitting or backyard-sharing) considers obtaining contents insurance at this time, and may like to use the Dog e-Agreement to offer the other party the opportunity to pay your insurance excess, in the event of any property damage given you are both taking on risk.

8.3.4 Because our Collective recommends that liability for a dog always remains with a Dog’s Owner (as for a parent/child), their trust in you as a responsible dog lover means everything and you can expect them to pay good attention to your ability to capably care for the dog, including its maintenance of discipline and safety.

8.4 Complaints of a breach of any Member’s Code of Conduct may be made direct by checking the “Report this Member” button on that Member’s Profile on the Site or in writing to Member Support Services.

9 Your Obligations

9.1 As a Member, you hereby warrant that you shall:

9.1.1 Comply with all applicable laws and regulations with respect to your use of Subscription Services and other activities under this Agreement; and,

9.1.2 Comply with the Member Code of Conduct (see clause 8).

9.2 As a Member, you shall be fully responsible and liable for:

9.2.1 Making all arrangements for your own access (e.g. computer, mobile Device, Internet connection, etc.) to the Site and The Dog Share Collective Service, and co-operating with The Dog Share Collective by providing all necessary access to such information as may be reasonably required by The Dog Share Collective to enable it to provide the Subscription Services including, but not limited to, Personal Information and security access information;

9.2.2 Maintain the confidentiality of your Member name and password and all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will The Dog Share Collective be liable for any loss or damage whatsoever resulting from your disclosure of your Member name and/or password. You may not use another person's account at any time;

9.2.3 Any acts or omissions by you (or the Nominated Person acting on behalf of an Approved Community Organisation).

9.2.4 Ensure that the use and possession of any Personal Information provided by you and stored by The Dog Share Collective does not infringe any right of any third party.

9.3 In accessing the Site as a Member you acknowledge and agree that:

9.3.1 The Site has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements. You assume full responsibility for results obtained from the use of the Site, and for conclusions drawn from such use;

9.3.2 You assume sole responsibility for your use of the Subscription Services and your Member Content. The Dog Share Collective shall have no liability for any damage caused by errors or omissions in any information provided to The Dog Share Collective by the Member in connection with the Subscription Services, or any actions taken by The Dog Share Collective at the Member's direction; and,

9.3.3 You will use the Services solely for your personal, non-commercial use. You agree not to use the Site for any commercial, business or re-sale purposes, and as we provide the Site for domestic and private use only, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3.4 You will not take any measures to interfere with or damage The Dog Share Collective’s Service or attempt to circumvent any of The Dog Share Collective’s technical measures, except as expressly permitted by The Dog Share Collective in writing, in order to:

9.3.4.1 Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the information and/or software and technology (“Software and Technology”), as applicable, in any form or media or by any means, except to the extent expressly permitted under this Agreement;

9.3.4.2 Attempt to obtain, or assist third parties in obtaining, access to the Subscription Services and/or Information, other than as provided under this clause;

9.3.4.3 Use the Subscription Services and/or Personal Information to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Subscription Services and/or Personal Information to any third party;

9.3.4.4 Attempt to gain unauthorised access to the Site, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

9.3.4.5 Access, store, distribute or transmit any Virus, worm, trojan or corrupt data that may damage the Site or Device of another Member; and/or

9.3.4.6 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.

9.4 All rights not expressly granted by The Dog Share Collective are reserved.

10 The Dog Share Collective's Obligations

10.1 The Dog Share Collective shall during the Subscription Term:

10.1.1 Provide Subscription Services (including Member Support Services, the Emergency Vet Advice Line and Dog Bereavement Service), to you subject to the terms of this Agreement, with reasonable skill and care;

10.1.2 Maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement; and,

10.1.3 Remove any Member Content that breaches this Agreement or is otherwise objectionable. Please note we have no obligation to monitor the Services but shall be entitled to review Member Content transmitted via the Site and, at our sole discretion.

10.2 We shall use commercially reasonable endeavours to make the Site available 24 hours a day, 7 days a week, except for:

10.2.1 Events beyond The Dog Share Collective's reasonable control, such as a virus, power failure, etc.;

10.2.2 Planned maintenance carried out as shall be announced in advance to Members, on the Site or by any other method elected by The Dog Share Collective from time to time; and,

10.2.3 Unscheduled maintenance performed outside Business Hours, provided that The Dog Share Collective has used reasonable endeavours to give the Member notice in advance as soon as it is able to.

10.3 This Agreement shall not prevent us from entering into similar agreements with third-parties, or from independently developing, using, selling or licensing information, products and/or Services which are similar to those provided under this Agreement.

10.4 This Agreement shall not prevent us from suspending, withdrawing, discontinuing or changing all or any part of the Site without notice.

11 Complaint Procedure

11.1 If you have any complaint about the Site, Subscription Services and/or The Dog Share Collective, you shall send a written notice by email to Member Support Services.

11.2 If you any complaint about another Member (including in respect of any Member Content or Member Conduct), you shall use the following Complaint Procedure to inform us of such alleged breach:

11.2.1 You shall send a written notice to Member Support Services;

11.2.2 We shall have 30 days from the date of receipt of the written notice (see clause 11.2.1) to make an initial assessment of the complaint and, if the complaint concerns another Member, the provisions of clause 12 (Suspension) or 13 (Termination) may apply during such period;

11.2.3 We may temporarily block access to any objectionable content (if applicable, including Member Content) pending resolution of the complaint; and,

11.2.4 We will send our findings in writing to the complaining Member, and our decision shall be binding and final.

12 Suspension of your Subscription

12.1 We reserve the right to suspend your Subscription if:

12.1.1 We are assessing a complaint in accordance with clause 11.2.2;

12.1.2 You fail to maintain your Subscription Services as required in clause 4.2.3;

12.1.3 You are having a dispute with another Member, us or any other third- party; and/or,

12.1.4 You receive or upload any objectionable or negative Member Content that brings or is likely to bring The Dog Share Collective's reputation into disrepute.

12.2 If you have been suspended then you shall remain listed in our Member database but may not be listed on the Site until you have been notified in writing by us that the suspension has ended.

12.3 During the term of your suspension, we may conduct an investigation and if, in our reasonable opinion, we are satisfied that:

12.3.1 A breach of this Agreement, including the provisions of clause 8 (Member Code of Conduct) has occurred and has not been rectified to our reasonable satisfaction, or that a complaint was proven to be justified or appropriate, or if there was a dispute that has not yet been or cannot be resolved, then we shall have the right at our sole discretion, but shall be under no obligation, to remove your listing(s) from the Site and this Agreement shall be terminated in accordance with clause 13; and,

12.3.2 The outcome of the investigation by us is that the Subscription should not have been suspended, because no breach of this Agreement (including of the Member Code of Conduct) has occurred or that a complaint was proven to be unjustified or inappropriate, or if a breach has occurred and it has been rectified to our reasonable satisfaction, or if there was a dispute that has been resolved to our reasonable satisfaction, then we shall reinstate your Subscription; and we shall extend the Subscription Term by the period of time that it had been suspended for.

13 Term and Termination

13.1 The term of this Agreement shall commence on the date of subscription and shall continue for the Subscription Term, or as long as you have an account with us, unless otherwise terminated in accordance with the provisions of this clause.

13.2 The Dog Share Collective may terminate this Agreement by written notice with immediate effect and without liability to the Member if:

13.2.1 Acceptance of Services of clause 3 applies; and

13.2.2 If we are of the reasonable opinion that information provided by you in your Subscription/ Profile or Feedback is false; and/or,

13.2.3 Your conduct or content would tend to damage The Dog Share Collective’s community, reputation and goodwill.

13.3 The Dog Share Collective may additionally suspend (see clause 12), disable, or delete your account (or any part thereof), or within the provisions of this clause terminate your account and block or remove any content you submitted, if we determine that you have violated any other provisions of this Agreement.

13.4 If we delete your account for the foregoing reasons, you may not re-register to the Site or for The Dog Share Collective Service. We may block your email address and Internet protocol address to prevent further registration.

13.5 Following termination of your Subscription, for any reason:

13.5.1 You must immediately stop using the Site and shall not register for another account unless expressly permitted by The Dog Share Collective;

13.5.2 All rights, licences and permissions granted to you under these Terms of Service shall cease; and in the event of account deletion for any reason, content that you submitted may no longer be available and we shall not be responsible for the loss of such Member Content;

13.5.3 We reserve the right to notify other Members with whom you have communicated of such termination.

13.6 If we terminate this Agreement in accordance with clause 13.3, due to a breach by you, you will not be entitled to a refund of any Subscription Fees.

13.7 In the event this Agreement is terminated by us (excluding termination due to your breach of these Terms of Service), you may request a refund for any unused portion of fees that you have paid to The Dog Share Collective.

14 Limitation of Liability

14.1 This clause sets out the entire liability of The Dog Share Collective including any liability for the acts or omissions of its employees, agents and sub-contractors to the Member:

14.1.1 Arising under or in connection with this Agreement;

14.1.2 In respect of any use made by the Member of the Site and any part of the Subscription Services; and,

14.1.3 In respect of any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement.

14.2 To the fullest extent permitted by law:

14.2.1 We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and,

14.2.2 Our total liability to you shall not exceed the amounts paid by you to The Dog Share Collective over the twelve (12) months preceding your claim(s). Our maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to either the amount of fees you have paid in the 12 month period preceding the date the claim arose where you are a Member; or $49.99 (NZ), where you are not a Member.

14.3 Subject to the provisions in this clause 14, The Dog Share Collective makes no representation or commitment and shall not be liable whether in tort, contract, or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any charges or expenses however arising under this Agreement suffered by the Member further to:

14.3.1 The content or use of, or correspondence with, any such third-party website;

14.3.2 Any transactions completed, and any contract entered into by the Member, with any such third-party;

14.3.3 Whether to dog(s), property, properties content, reputation or anything else related to the services acquired by the Dog Owner or Dog Borrower as a consequence of this Agreement;

14.3.4 The publication of Member Content on the Site or elsewhere; and,

14.3.5 Any loss or damage whatsoever resulting from your disclosure of your Member name and/or password. You may not use another person's account at any time.

14.4 In no event shall The Dog Share Collective, its employees, agents and sub-contractors be liable to the Member to the extent that any alleged infringement is based on:

14.4.1 A modification of the Site, Subscription Services, or information by anyone other than The Dog Share Collective;

14.4.2 The Member's use of the Site, Subscription Services or information in a manner contrary to this Agreement or any reasonable instructions given to the Member by The Dog Share Collective; and/or

14.4.3 The Member's use of the Site, Subscription Services or information after notice of the alleged or actual infringement from The Dog Share Collective or any appropriate authority.

14.5 The Dog Share Collective shall not be liable to the Member for any losses the Member suffers due to:

14.5.1 The Dog Share Collective's breach of this Agreement; or

14.5.2 The Dog Share Collective's negligence, that is not a foreseeable result of such breach by or negligence of The Dog Share Collective. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into this Agreement.

14.6 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement, or our negligence up to the limit specified in clause 14.2.2, but we are not responsible for any unforeseeable loss or damage.

14.7 The Dog Share Collective shall have no liability to the Member under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control including, without limitation, strikes, lock-outs or other industrial disputes whether involving the workforce of The Dog Share Collective or any other party, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

14.8 Nothing in these Terms of Service shall be construed so as to exclude or limit the liability of The Dog Share Collective for: (1) death or personal injury as a result of our negligence; or (2) fraud or fraudulent misrepresentations by The Dog Share Collective; or (3) any other liability which cannot be excluded or limited by law.

14.9 Not with standing of the above, you agree to hold The Dog Share Collective Limited and its shareholders and directors harmless from and against all claims, causes of action, expenses, losses damages and liabilities due to or related to your actions or conduct online, offline, interactions with other members, damage to property, injury to yourself and/or others, and/or any animal or caused by the animal in your care.

14.10 We will further under no event be or become liable, direct or indirect to you for any form of damages, losses and/or expenses related to you using our service or our prevention of your use of our service, termination of access and/or membership or our delay to provide our services.

15 Disclaimers

15.1 The Dog Share Collective expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties:

15.1.1 Concerning any Member Content submitted by any Member;

15.1.2 Concerning any third party's use of Member Content that any Member submits;

15.1.3 Concerning sites and resources outside of The Dog Share Collective Service, even if linked to from The Dog Share Collective Service;

15.1.4 That material on the Site (including the Member Content) will be accurate or reliable;

15.1.5 That the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the server that makes the Site available is free of Viruses or anything else which may be harmful or destructive.

15.1.6 That the Subscription Services will not be subject to limitations, delays and other problems inherent in the use of such communications networks and facilities, including the internet;

15.1.7 That any Member Content submitted will be made available on the Site, The Dog Share Collective Service or will be stored by The Dog Share Collective;

15.1.8 That the Site, or Subscription Services Service will meet any Member’s individual needs;

15.1.9 That we will continue to support any particular feature of The Dog Share Collective Service. We provide the Site and The Dog Share Collective Service on an "as is" and "as available" basis; and,

15.1.10 That the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or that the server that makes the Site available is free of Viruses or anything else which may be harmful or destructive.

15.2 You therefore use the Site and The Dog Share Collective Service at your own risk.

16 Waiver

16.1 If we fail to enforce any of our rights under the Agreement it will not constitute a waiver of such right(s), or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

16.2 Rights arising under this Agreement do not exclude rights provided by law.

16.3 If we waiver any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

16.4 No failure or delay by The Dog Share Collective in exercising any right here-under will waive any further exercise of that right. The Dog Share Collective's rights and remedies here-under are cumulative and not exclusive.

16.5 You may not assign this Agreement without The Dog Share Collective's prior written consent. No third party shall have any rights here-under.

17 Entire Agreement

17.1 This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

17.2 Each party acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding whether in writing or not of any person whether party to this Agreement or not relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.

18 Privacy Policy

The Dog Share Collective is committed to protecting your privacy. Your privacy rights are set forth in our Privacy Policy which is hereby incorporated into these Terms of Service by reference, and forms a part of this Agreement. Please review the Privacy Policy to learn about what Personal Information we may collect about you, what we use that information for and with whom we share that information.

19 Dog Owners, Dog Borrowers and Third-Party Services

19.1 You acknowledge that the Subscription Services will enable you to:

19.1.1 Access the online content of, correspond with, and receive or acquire services from, Dog Owners, Dog Borrowers and approved third-parties;

19.1.2 Receive or acquire services from Dog Owners or Dog Borrowers or approved third parties, including access to the Dog Owner’s property, its contents and dog; and that you do so at your own risk; and,

19.1.3 Access products and services in the Site provided by approved Third-Party Partners.

19.2 The Dog Share Collective recommends that you refer to the website terms and conditions and privacy policy of the relevant third-party providers’ website and that you carry out your own due diligence prior to providing or accepting the products and services of a Third-Party Partner.

19.3 Your Membership provides you with access to Dog e-Deals made by third-parties. In electing to redeem these Dog e-Deals of products and services, you acknowledge that you are requesting immediate performance of a contract from a third-party, not The Dog Share Collective.

19.4 Police Check. You may hold a Police Check and choose to display this on your profile. The Dog Share Collective shall have no responsibility or liability to verify the Police Check whatsoever.

19.4.1 You may elect to purchase a Police Check from CV Check Ltd, subject to the conditions set out in this clause. If you elect to undertake a police check, verification of your criminal history will be performed by CV Check Ltd and will constitute a separate contract between you and CV Check Ltd in respect of which The Dog Share Collective shall have no responsibility or liability whatsoever. As such, your use of the Police Check Services shall be subject to CV Check’s Terms and Conditions and Privacy Policy and we shall not be liable for any loss or damage that you may suffer or any claim that may arise in relation to your use of, or inability to use, the Police Check service. You must pay for your access to CV Check Ltd pursuant to this clause.

20 Intellectual Property Rights

20.1 The Dog Share Collective is the owner or the licensee of all intellectual property rights (“Intellectual Property Rights”) of the Site, The Dog Share Collective Services and all material published on it. Those works are protected by copyright laws and treaties. All such rights are reserved.

20.2 Intellectual Property means all Intellectual Property Rights and includes any patents, registered designs, utility models, trademarks (including logos and trade names), domain names, copyright, circuit layouts, rights in computer Software and Technology and databases, rights in inventions, ideas, know-how and trade secrets, image and personality rights (including all things recording that intellectual property), in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world and all rights to apply for any such rights.

20.3 The Site, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only.

20.4 Except as expressly stated herein, this Agreement does not grant the Member any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks whether registered or unregistered, or any other rights or licences in respect of the Subscription Services, the Information or the Site.

20.5 The Dog Share Collective’s name and logo and the names Dog e-Agreement, Dog e-Bag, Dog e-Blog, Dog e-Checklist, Dog e-Deals and Dog e-ID Card are trademarks of The Dog Share Collective.

20.6 The Dog Share Collective does not grant the Member any rights over Member Content other than the right to refer to the Member Content for personal use during the Subscription Term.

20.7 The Dog Share Collective does not claim ownership of any Member Content you post, upload or submit to any publicly accessible area of the Site. However, by doing so you hereby acknowledge that by uploading of any information or material onto the Site, including, but not limited to, text and images, you make such information publicly available and by doing so you hereby grant The Dog Share Collective a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licencable right to:

20.7.1 Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform that information throughout the world in any media, now known or hereafter devised;

20.7.2 Use the name that you submit in connection with such information; and,

20.7.3 Publish your Member Content on the Site or elsewhere, such as in other types of media, including social media sites, for promotional purposes.

20.8 You irrevocably give permission for The Dog Share Collective during the Subscription Term to use the Personal Information and any other data (including the Member Content) uploaded to the Site by you in accordance with this Agreement (see our Privacy Policy).

21 Assignment and Variation

21.1 You shall not, without the prior written consent of The Dog Share Collective, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. You may only transfer your rights or obligations under these Terms of Service to another person if we agree in writing.

21.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. We may transfer our rights and obligations under these Terms of Service to another organisation, but this will not affect your rights or our obligations under these Terms of Service.

21.3 The Dog Share Collective may amend these Terms of Service from time to time. If The Dog Share Collective revises these Terms of Service the date of modification will be updated at the top of this document

22 No Partnership or Agency

22.1 Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.

23 Notices

23.1 You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. The Dog Share Collective may provide all such communications by email or by posting them on the Site. For sending notices of a legal nature you may do this in writing by email to Member Support Services.

23.2 Nothing herein shall limit The Dog Share Collective's right to object to subpoenas, claims, or other demands.

24 Severance

24.1 If any provision or part provision of these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

25 Confidentiality

25.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that:

25.1.1 Is or becomes publicly known other than through any act or omission of the receiving party;

25.1.2 Was in the other party's lawful possession before the disclosure;

25.1.3 Is lawfully disclosed to the receiving party by a third-party without restriction on disclosure;

25.1.4 Is independently developed by the receiving party, which independent development can be shown by written evidence; or

25.1.5 Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

25.2 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third-party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.

25.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.

25.4 The Member acknowledges that details of the Subscription Services, and the results of any performance tests of the Subscription Services, constitute The Dog Share Collective's Confidential Information.

25.5 The Dog Share Collective acknowledges that the Member’s Personal Information is the Confidential Information of the Member.

25.6 This clause 25 shall survive termination of this Agreement, however arising.

26 Indemnification

26.1 Further to 14.9 and 14.10 above, you will to the maximum extent permitted by law, indemnify, defend, and hold harmless The Dog Share Collective and its directors, officers, employees, and agents, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, from and against all third-party actions that arise from:

26.1.1 Your activities on the Site, including your use of or inability to use the Site and any Content transmitted by you on the Site;

26.1.2 A violation by you of any term of this Agreement; and,

26.1.3 Any content you submit to the Site which violates any law, rules or regulations or infringes any third-party right, including any intellectual property or privacy right.

27 Governing Law and Disputes

27.1 Any action arising out of or relating to this Agreement or your use of the Site or The Dog Share Collective Service and any disputes or claims arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims are governed by, and construed in accordance with New Zealand Law.

27.2 If you are not happy with how we have handled any complaint (see clause 11), you may submit a dispute for online resolution. You can find more information about an online dispute resolution site here: http://www.codr.co.nz/.

28 Accountability

28.1 We welcome you forwarding any questions, comments or complaints that you might have about our Terms of Service. Please contact our Member Support Team via email (support@thedogsharecollective.com).

The Dog Share Collective

Auckland, New Zealand

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