Terms of Service

These Terms of Service (“Terms”) are an agreement between you and J CAI & S LI & H LU, ABN 24 226 497 748, trading as Petmosphere (“Petmosphere”, “we”, “us” or “our”).

These Terms govern your access to and use of the Petmosphere website, progressive web application, future mobile applications and related services that we make available from time to time (collectively, the “Service”).

By creating an account, selecting “I accept”, or otherwise using account functionality governed by these Terms, you agree to these Terms. If you do not agree, do not create an account or use the Service.

Petmosphere is a digital pet health and management platform that helps pet owners organise, record and manage information relating to their pets.

The Service may include tools for maintaining pet profiles, recording health and wellbeing observations, storing photographs, videos and documents, managing reminders, viewing historical records, and accessing general educational or informational content.

We may introduce additional functionality over time, including integrations with third-party services and optional automated or artificial-intelligence-assisted informational tools. Available features may vary depending on your account, device, location or version of the Service.

We may improve, modify or discontinue parts of the Service. Where a change materially affects existing users, we will provide reasonable notice where practicable. This does not affect rights or remedies available under applicable law.

Petmosphere is not a veterinary clinic, veterinarian or other veterinary practitioner, animal emergency service, or substitute for professional veterinary advice, examination, diagnosis or treatment.

Information made available through the Service is general and informational in nature. It may be incomplete, delayed or incorrect and should not be relied upon to make urgent or clinical decisions about an animal.

Petmosphere does not continuously monitor your records or entries for emergencies. Uploading information does not notify a veterinarian, emergency service or other professional.

Reminders and notifications are convenience tools only and may be delayed, interrupted or unavailable. Do not rely on Petmosphere as the sole means of managing medication, treatment, appointments or urgent care.

You remain responsible for decisions concerning your pet. Contact a qualified veterinarian if you have concerns about an animal’s health. In an emergency, contact a veterinarian or emergency veterinary hospital immediately.

You must be at least 18 years old to create an account and must provide information that is accurate and reasonably current.

You must not impersonate another person, create an account using information you are not authorised to use, sell or transfer your account without our written permission, or allow another person to use your account in breach of these Terms.

You are responsible for taking reasonable steps to keep your credentials secure. If you believe your account has been accessed without permission, change your password immediately and contact us.

Your rights

“User Content” means records, notes, photographs, videos, documents and other content that you submit to or store through the Service. As between you and Petmosphere, you retain any rights you hold in your User Content.

You must have the rights, permissions and authority necessary to submit User Content. You must not upload information about another person unless you are authorised to do so and its submission is lawful.

Licence required to provide the Service

You grant Petmosphere a non-exclusive, worldwide and royalty-free licence to host, reproduce, process, transmit, back up and display your User Content only as reasonably necessary to operate, secure and support the Service, prevent or investigate misuse, comply with law, and exercise our rights and responsibilities under these Terms.

This licence permits us to use service providers acting on our behalf. It does not permit us to make private pet records public or use them for advertising without separate permission. It continues while we hold the relevant User Content, including any limited period during which residual copies remain in secured backups.

Personal information

We handle personal information in accordance with our Privacy Policy and applicable privacy law. We do not sell personal information for monetary consideration. Our Privacy Policy explains how information may be disclosed to providers that help us operate Petmosphere.

Access, export and deletion requests

You may request access to, correction of, export of or deletion of eligible account information using available account tools or by contacting us. We will respond to verified requests as stated in our Privacy Policy and required by law.

We may retain information where reasonably necessary to comply with legal, taxation or accounting obligations; resolve disputes; investigate security incidents, fraud or misuse; enforce these Terms; or maintain the security and integrity of the Service. Residual copies may remain temporarily in secured backups.

Important records

Petmosphere is not intended to be the only copy or permanent archive of important records. Retain independent copies of information needed for veterinary care, insurance, legal compliance or other important purposes.

You must use the Service lawfully and responsibly. You must not use or attempt to use Petmosphere to:

• upload, create, store or distribute unlawful, harmful, defamatory, abusive or fraudulent content;
• upload content that infringes another person’s intellectual-property, privacy, confidentiality or other rights;
• upload personal information that you are not authorised to provide;
• impersonate another person or misrepresent your identity or authority;
• access or attempt to access another user’s account, records or data;
• obtain passwords, credentials or security information belonging to another person;
• introduce malware, malicious code or harmful files;
• interfere with, overload, disrupt or circumvent the Service or its security controls;
• scrape, crawl or use automated tools to access the Service without our written permission;
• reverse engineer or attempt to extract source code, except where applicable law permits it;
• send spam or store bulk content unrelated to the intended purpose of the Service;
• test the vulnerability of the Service without our written authorisation;
• use the Service as an emergency dispatch, veterinary monitoring or clinical decision-making service;

We may investigate suspected misuse and take proportionate action, including restricting or suspending access where reasonably necessary to protect users, animals, Petmosphere or third parties.

Petmosphere and its licensors retain all rights in the Service other than rights you retain in your User Content. This includes software, interface designs, Petmosphere content, graphics, databases, trademarks, business names and branding.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Service for its intended personal use.

If you voluntarily provide suggestions or feedback, you permit us to use that feedback to operate and improve the Service without payment or obligation to you. This does not give us ownership of your User Content or personal information.

The Service relies on third-party providers for functions such as hosting, authentication, storage, monitoring and email delivery. Optional features may allow you to connect third-party services that have their own terms and privacy policies.

We are not responsible for a third-party service you independently choose to connect. This does not exclude responsibility we may have for providers acting on our behalf or liability that cannot lawfully be excluded.

We aim to operate Petmosphere reliably, but do not guarantee that the Service will always be available, uninterrupted or error-free.

The Service may be affected by maintenance, internet or telecommunications failures, provider outages, device or browser compatibility, security incidents, legal requirements, or circumstances outside our reasonable control.

We may temporarily restrict access where reasonably necessary for maintenance, security, legal compliance or protection of users and data. Where practicable, we will give reasonable notice of planned downtime or material changes.

You may ask us to close your account using available account tools or by contacting us.

We may restrict, suspend or close an account where we reasonably believe these Terms have been seriously or repeatedly breached; the account poses a security, fraud, legal or safety risk; continued access could cause harm; we are legally required to act; or continued operation is no longer reasonably practicable.

Where appropriate, we will give notice and a reasonable opportunity to address the issue. We may act immediately where delay would create a material risk. Where reasonably practicable, we will allow retrieval of eligible User Content before permanent closure unless doing so would create a security or legal risk.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law, or any other right or liability that cannot lawfully be excluded, restricted or modified.

Nothing in these Terms limits liability where doing so would be unlawful, including liability under consumer guarantees that cannot be excluded or limited.

To the extent permitted by law, Petmosphere is not liable for loss caused solely by your unlawful or unauthorised use; failure to seek appropriate professional care; reliance on Petmosphere as an emergency or clinical service contrary to these Terms; inaccurate or unlawful User Content; failure to maintain independent copies of important records; or a third-party service you independently choose to use.

Where the law permits us to limit a remedy for failure to comply with a consumer guarantee relating to services, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again. This does not apply where the limitation would be unfair or unlawful.

We may update these Terms to reflect changes to the Service, our business or providers, legal or security requirements, or improvements to clarity and user protection.

If a change is material, we will give reasonable advance notice and identify when it takes effect. Where it materially increases your obligations or reduces your rights, we may ask you to accept it before continuing to use affected functionality.

Contact us with enough information for us to understand your concern. We will acknowledge complaints within a reasonable time and attempt to resolve them in good faith.

Nothing prevents you from contacting a regulator, exercising rights under the Australian Consumer Law or commencing legal proceedings.

These Terms are governed by the laws of Victoria, Australia. You and Petmosphere submit to the jurisdiction of Victorian courts and courts entitled to hear appeals from them.

This does not limit a right to bring a dispute in another jurisdiction under applicable consumer law.

If part of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary or removed, and the remainder will continue.

A failure to immediately enforce a right is not a waiver. We may transfer our rights and obligations as part of a genuine restructuring, financing, sale or transfer of Petmosphere, provided it does not materially reduce your rights.

Petmosphere
Operated by J CAI & S LI & H LU
ABN 24 226 497 748
Email: info.petmosphere@gmail.com