Benstay Accommodation

Last Updated: Wednesday, 26^th February 2025

PETBUBBLE PTY LTD, ACN 677 036 430 (hereafter referred to as “PetBubble”, “we”, “us”, or “our”) provides the PetBubble Platform (hereafter referred to as “PetBubble Platform”, or “Platform”) including a suite of software applications and websites that enable Pet Owners (hereafter referred to as “Pet Owner”, “Pet Owners”, or “Customer”) to find Pet Services, and to provide Pet Service Providers (hereafter referred to as “Pet Service Provider(s)”, “Pet Business(s)”, or “Provider(s)”) with a means of offering and booking such Pet Services.

By making use of or accessing the PetBubble Platform, you (hereafter “You” or “Your”), the User (“User” or “Users”), agree to comply with and be legally bound by the following Terms of Service (“Terms”), whether or not You register as a User. For this reason, it is important to review the following Terms carefully. These Terms constitute a legally binding contract between You and PetBubble, under which we agree to maintain the Platform and You agree to pay the Fee and to respect these Terms.

If You do not agree to these Terms, You must not use the Platform in any way, including without limitation to contact, communicate with, or otherwise obtain information from Users via the Platform.

The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform You represent and warrant that You are 18 or older. We only allow minors on the Platform if they have specific consent from a parent or guardian, and if such parent or guardian has provided PetBubble with their proof of identity. The account created on the Platform is then shared by the minor and their parent / guardian and should expressly state that the parent / guardian vouches and takes full accountability for the actions of the minor.

Each User agrees that a binding legal contract is created between each Customer and Provider when a Pet Service is booked through the Platform. Any such agreement between User is on these Terms, the Provider Terms, and any other applicable terms in the relevant Booking.

The Platform and Our Services comprise an online platform through which providers may set up listings for pet services, and customers may find, initiate and book pet services.

You acknowledge and agree that PetBubble is not a party to any agreements between Providers and Customers. PetBubble has no control over, and is not responsible for, the actions or omissions of providers, customers, pets, or any other users of the platform or pet services. PetBubble disclaims any and all liability in this regard to the maximum extent permitted by law.

By accessing or using PetBubble, You agree to abide by these Terms. Our Services are provided for Your convenience and should be adhered to accordingly. Redirecting Customers to any other website, platform, or third-party service instead of the listings provided on PetBubble is prohibited unless explicitly authorised by PetBubble. Unauthorised redirection may result in the suspension of Your account or access to Our Services and could lead to potential legal actions as per our Terms and Conditions.

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Contents

1. Key Terms

2. Disclaimer and Liability

3. Modifications to these Terms

4. Compliance with Laws

5. Relationship

6. How the PetBubble Platform Works

7. Our Service and Booking Fees

8. Credit Card

9. Cancellation Policy and Refunds

10. Failure to retrieve Guest Pet

11. Medical Issues and Emergencies

12. Insurance

13. Property Damage

14. Risk Management

15. Fair Conduct and Use of the Platform

16. Feedback

17. Links to Third Party Sites

18. Third Party Advertising & Analytics Cookies

19. Termination and Account Cancellation

20. Intellectual Property Rights

21. Information and Confidentiality

22. User Generated Content

23. Miscellaneous

24. Interpretation

25. Contact Details

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1. Key Terms

1. “Account” – a record of information about a person created when this person completes the registration process on the Platform;
2. “Booking” – the engagement by a Customer of a Provider via the Platform with respect to the provision of Pet Services, on the terms specified by the relevant Customer and Provider in the Platform’s booking process and these Terms;
3. “Content” – text, graphics, images, music, software, audio, video, information, compilations, documents, data or other materials;
4. “Insurance” and “Insurance Services” – the specific insurance organised by PetBubble with the aim to protect PetBubble from certain liability that may arise as a result of accommodating and providing Pet Services, subject to limitations and deductibles outlined in these Terms;
5. “Listing” – the listing by a Provider on the Platform of a Pet Service the Provider is offering to provide to Customers, subject to the completion of a Booking;
6. “Mobile Applications” – any mobile application made available to Users with respect to Our Services and the Platform;
7. “Payment Gateway” – the application provided on the Platform pursuant to which Customers can make payments for Pet Services, including the Pet Service Fee, the Booking Fee and Our Service Fee;
8. “Pet” – the dog, cat, bird, rabbit, guinea pig and/or other pet with respect to which the Customer is seeking and or books Pet Services;
9. “PetBubble Fee” – the fee paybale by the Provider to PetBubble for using its platform and services, deducted from the Pet Service Fee paid by the Customer to the Provider for a Booking;
10. “Pet Owner” – a person who completes PetBubble’ Account registration process as a Pet Owner as set out on the Platform and searches for and/or books Pet Services via the Platform;
11. “Pet Services” – services provided by Providers to Customers pursuant to a Booking, including without limitation the provision of housing of Pets and other Pet related services;
12. “Pet Service Fee” – the Fee payable by Customers to PetBubble for the provision of Pet Services pursuant to the relevant Booking;
13. “Platform” – a suite of software applications and websites that enables Customers to search for and book Pet Services offered by Providers. It encompasses both the Site and Mobile Applications;
14. “Processing Fee” – the fee payable by the Provider to cover the cost of Tashi’s software services, deducted from the Pet Service Fee paid by the Customer to the Provider for a Booking. This fee is collected by PetBubble and remitted to Tashi.
15. “Profile” – that part of the Account that is visible to Users;
16. “Provider” – a person who registers a PetBubble Account and creates a Listing or otherwise offers to provide Pet Services via the Platform;
17. “Our Services” – the services, information and resources provided by PetBubble through the Platform;
18. “Site” – any site made available by PetBubble with respect to the Platform, including specifically http://PetBubble.au;
19. Stay” – the number of days, nights and/or sessions during which a Provider provides Pet Services and otherwise looks after a Pet at the location specified in the Booking;
20. “Third Party Providers” – PetBubble’ third party agents, contractors, distributors, merchants or sponsors or any Pet service provider (including Providers of medical or other;
21. “User” – a person who creates an Account or otherwise uses the Platform or Our Services;
22. “User Generated Content” – a specific type of Content, that is submitted or uploaded by a User on the Platform;
23. “Withholding Period” – the period of 72 hours following the date specified in the relevant Booking for the completion of the Pet Services pursuant to that Booking; and
24. “You” – a person who accesses or uses the platform, whether or not as a Pet service provider, Pet Owner, or User.

2. Disclaimer and Liability

Disclaimer

PetBubble, including its partners, agents, contractors, officers, directors, shareholders, employees, and other third parties associated or involved in running the Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and You agree to release us from, any damage or loss that might be suffered by You, any User or any other third party caused directly or indirectly by Our Services, the Pet Services or any other use of the Platform (including without limitation interactions with third parties facilitated by the Platform) INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.

Dealings with other Users

You acknowledge that You are solely responsible for any relationship, agreement or arrangement between You and another User, and enter any transaction or dealings with another User at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the Platform. We are not a party to any agreement or arrangement entered into by or between the Users.

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Users, you release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

3. Modifications to these Terms

PetBubble reserves the right to change these Terms at any time, including to vary, remove, or introduce Fees. Before changing these terms, PetBubble will try to give Users notice of such change by way of update before they take effect, although this may not always be possible. Please check our Platform regularly for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). Any changes to Terms will not have retrospective effect and will only impact upon bookings made after the time of the change. Continued access or use of the Platform shall be deemed conclusive evidence of Your acceptance of the modified Terms.

4. Compliance with Laws

When accessing or using the Platform or Our Services, and providing or using Pet Services, You must comply with all applicable local, state, national and international laws and You are responsible for obtaining all necessary licenses and permits. You are also solely responsible for complying with any and all applicable tax laws and regulations that apply to Your activity on the Platform. This includes the payment of tax on any amounts collected for Pet Services provided.

Without limiting the preceding paragraph, it is Your sole responsibility and obligation to comply with any applicable laws relating to the Pet Services, including without limitation with respect to the boarding of animals and the keeping of animals at private premises, including any applicable state and federal companion animal legislation and the local council regulations and by-laws.

Each User is solely responsible for obtaining all permits, licences and other permissions required to offer or provide any pet services. PetBubble assumes no responsibility for a User’s failure to obtain such permits, licences or permissions or otherwise comply with any applicable laws, rules or regulations.

5. Relationship

You acknowledge and agree that nothing in these Terms or Your use of the Platform, Our Services or the Pet Services creates a relationship of principal and agent, employer and employee, partnership or joint venture between PetBubble and any User, and that You must not represent to any person that You are authorised to exercise any responsibilities for or on behalf of PetBubble.

PetBubble is not an employment service and does not serve as an employer of any User, nor is PetBubble in the position to provide any tax related advice. As such, Users are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any Pet Services provided by Providers.

You understand and agree that if PetBubble is found to be liable for any tax, withholding tax or reporting obligation in connection with any Pet Services provided or received by You, then You will immediately reimburse and indemnify PetBubble for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

Withholding or Retrieving funds or platform credit PetBubble reserves the right to retrieve or withhold funds from a Provider’s balance in the event that the funds have been transferred in error, fraudulently accrued, if the booking is not completed or if the Provider is required to pay costs such as insurance excess.

6. How the PetBubble Platform Works

The Platform can be used to book Pet Services provided by Providers. These Pet Services are shown as Listings on the Platform. Users may be required to provide personal information, including without limitation about their homes and their Pet(s), and may need to nominate a bank or PayPal Account. Each Provider can set the details and prices for the Pet Services only in accordance with the parameters allowed by the Platform. It is possible to view Listings as an unregistered visitor to the Platform. If You want to book Pet Services provided by the Platform as a Customer, or set up a Listing as a Provider, You need to register first to create a User Account.

Each Provider must provide the Pet Services in accordance with the relevant Booking, and each Customer must pay the Pet Service Fee pursuant to that Booking via the Payment Gateway.

PetBubble connects Users and provides the Payment Gateway as set out in these Terms. However, PetBubble plays no role in the agreements between Users with regards to the provision of Pet Services and Insurance Services set out by the Providers. Users are solely responsible for such agreements.

The Customer is obliged to pay the Pet Service Fee applicable to a Booking using the Payment Gateway at the time both the Customer and the Provider have agreed on the Booking made through the Platform. The Pet Service Fee paid by the relevant Customer will be retained by either the Provider, or if selected by the Provider, PetBubble, until the completion date of the relevant Booking in accordance with these Terms. If PetBubble retains the Pet Service Fee, subject to the Withholding Period, PetBubble will transfer the relevant Pet Service Fee, less Processing Fee and PetBubble Fee, to the Provider’s nominated bank or PayPal account, after the Provider has submitted a redeem request for payment.

Each Provider acknowledges that, notwithstanding that the relevant Withholding Period for a Booking may have ended, a Customer may be legally entitled to a refund or other remedy with respect to the Pet Services under any applicable law. To the maximum extent allowed at law, each Provider indemnifies PetBubble with respect to any and all costs or expenses incurred by PetBubble with respect to such a claim made by a Customer with respect to Pet Services performed by that Provider, whether before or after the Withholding Period applicable to the relevant Booking.

Please let it be clear that PetBubble cannot and does not control any listings or pet services. PetBubble is not responsible for and disclaims any and all liability related to any and all listings and pet services provided by or used by Users. Each Pet Owner uses the Platform and the pet services provided by Providers at their own risk.

In consideration of each User enjoying Our Services:

1. the Provider must not provide any Pet Services or similar services to that Customer; and
2. the Customer must not solicit any Pet Services or similar services from that Provider,
3. except through the ongoing use of Our Services and the Platform. You acknowledge that any breach by You of this section would cause harm and damage to PetBubble, and in the event of breach PetBubble reserves the right to suspend or terminate Your access to the Platform and/or Our Services. You acknowledge that the covenants contained in this section are fair and reasonable.

7. Our Platform and Fees

In exchange for certain of Our Services, Users must pay the Fees as stated by these Terms.
Registering on the Platform is free. To register an Account, Users must complete the registration process in the manner described on the Platform.
In exchange for certain of Our Services, Users must pay Our Fees with respect to Bookings made through the Platform.

Our PetBubble Fees

If you are a Provider, you must pay PetBubble our PetBubble Fee deducted from the Pet Service Fee payable per Booking made by Customers. Our PetBubble Fee covers the costs of PetBubble overheads, including but not limited to insurance, staff, administration, customer support, training, legal and compliance, and transaction processing.

Our PetBubble Fee is a fixed percentage of the Pet Service Fee specified in the relevant Booking or such other amount specified on our Platform from time to time. Our PetBubble Fee is deducted from the Pet Service Fee which is payable to You as a Provider in accordance with these Terms.

Our Processing Fees

If You are a Provider, You must pay PetBubble Our Processing Fee deducted from the Pet Service Fee payable per Booking made by Customers. Our Processing Fee covers the costs of Tashi platform maintenance, cybersecurity including encryption, firewalls, antivirus software, multi-factor authentication (MFA), and server storage provided by PetBubble.

Our Processing Fee is a fixed percentage of the Pet Service Fee specified in the relevant Booking or such other amount specified on our Platform from time to time. Our Processing Fee is deducted from the Pet Service Fee which is payable to You as a Provider in accordance with these Terms.

Cancellation Fee

Without limiting the terms below under “Cancellation Policies and Refunds”, depending on the cancellation policy selected by the Provider, if a Customer cancels a Booking, the Customer may be required to pay the relevant Provider a cancellation fee in accordance with the terms of the relevant Booking (Cancellation Fee). Customers can view the Provider’s cancellation policy at all times on the Provider’s public Pet Sitting profile available on the Platform in the section “More about the Pet service provider”.

In the event that a Cancellation Fee is payable to a Provider, Our Service Fee will be deducted from such amount before the Cancellation Fee is paid to the Provider.

All Fees

Any changes to any of Our Fees are effective once they are posted on the Platform (unless a specific effective date has been specified). Unless otherwise stated in the relevant Booking, all Fees are stated and payable in Australian Dollars. Each User accepts the responsibility to pay the amounts payable with respect to such Fees, credit charges (see below) and applicable taxes in a timely manner by means of a valid payment method that PetBubble accepts.

8. Credit Card

If You make any payments for using Our Services or Pet Services with a credit or charge card or an online payment account, You warrant that you are the cardholder or account holder and that the billing information provided is accurate, and You authorise PetBubble, or a third party engaged by PetBubble for the purpose of operating the Payment Gateway or other payment system on the Platform (“Payment Gateway Provider”) to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST. All payments and purchases made in connection with PetBubble are non-refundable unless otherwise expressly stated in these Terms or we otherwise agree upon.

Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Our Services or Pet Services to You. You are responsible for all internet service Provider fees, telecommunication and other charges required for your connection to, or use of, Our Services and the Platform.

By submitting credit card details to PetBubble to use Our Services and the Platform, Users agree that:

1. PetBubble may disclose those details to the Payment Gateway Provider;
2. Where applicable, those credit card details may be retained by Payment Gateway Provider(s) in accordance with their policy that was effective at the time of the payment;
3. Payment Gateway Provider(s) are authorised to charge the User’s credit card, without further notice to the User, for amounts due with respect to amounts payable by the User under these Terms, including Our Service Fee, the Booking Fee and the Pet Service Fee, and any other amounts due by an Customer to a Provider, to PetBubble, or to Third Party Providers with regards to Medical Issues (see below); and
4. The User will pay, on demand, any costs or expenses that PetBubble incurs and that are related to the credit card (such as merchant, dishonour, interest and overdrawing fees), medical expenses, council fines, pound charges or any additional charges related to repeat bookings.

9. Cancellation Policies and Refunds

Each Customer and Provider agrees to the cancellation rules set forth below with respect to each Booking made through the Platform.

Cancellations & Refunds before the start of the Booking

Customers – if You are a Customer, this section applies to You:

1. If a Customer cancels a Booking after paying the Pet Service Fee but before the Pet Services have been performed, the Customer will be required to pay any applicable Provider Cancellation Fee to the relevant Provider (depending on the cancellation policy selected by the Provider).
2. Customers can view the Provider’s cancellation policy at all times on the Provider’s public Pet Sitting profile available on the Platform in the section “More about the Pet service provider”. By paying for a Booking, including any Pet Service Fees, the Customer agrees and accepts the relevant Provider’s cancellation policy.
3. If the Customer cancels a Booking, the Customer is entitled to a refund of the Pet Service Fee in accordance with the cancellation policy selected by the Provider (as set out in the terms of the Booking and available on the Platform).
4. The timeframes with respect to the refunding of the Pet Service Fee under the Provider’s cancellation policy may include:
1. Flexible – a full refund will only be available if the Booking is cancelled before 12pm AEST, one day before the Pet Services are to be performed under the Booking;
2. Moderate – a full refund will only be available if the Booking is cancelled before 12pm AEST, 7 days before the Pet Services are to be performed under the Booking;
3. Strict – a full refund will only be available if the Booking is cancelled before 12pm AEST, 14 days before the Pet Services are to be performed under the Booking.
5. For cancellations of a Booking by a Customer that does not satisfy the timeframe specified in the relevant Provider’s cancellation policy, the Customer will only be entitled to a refund of 50% of the Pet Service Fee paid by that Customer with respect to the Booking.
6. All ongoing Repeat Weekly Bookings without a specified end date are subject to the Flexible policy regardless of the Cancellation Policy the Provider has set forth in their profile.
7. Any Transaction Fee paid by a Customer is non-refundable, except where the relevant Booking is cancelled by the Provider. If a Provider cancels a Booking, the relevant Customer is entitled to a full refund of any Pet Service Fee and any Transaction Fee paid by the Customer with respect to that Booking.
8. In order to cancel a Booking and receive a refund, the Customer must immediately notify Provider in writing by messaging them through the Provider message portal via the Platform, or immediately notify PetBubble in writing at info@petbubble.au.
9. In the event a Booking is cancelled, PetBubble may, in its absolute discretion, determine to assist the Customer and/or Provider with respect to any dispute over the terms of the cancellation. However, PetBubble is under no obligation to do so.
10. Once the cancellation has been processed, PetBubble will notify both parties and will deposit the relevant Cancellation Fee into the Provider’s nominated account (less Our Service Fee).

Providers – if You are a Provider, this section applies to You:

1. In order to cancel a Booking, the Provider must notify PetBubble in writing at info@petbubble.au. The Provider is required to immediately inform both the relevant Customer and PetBubble about the cancellation of the Booking in writing.
2. Cancellations by Providers are taken very seriously. PetBubble will review each Provider cancellation on a case-by-case basis and PetBubble reserves the right to suspend or terminate the Providers Account and/or access to the Platform in PetBubble’ absolute discretion. It is the responsibility of each Provider to only accept those Bookings that the Provider can commit to.
3. Without limiting the above, if a Provider cancels 3 or more paid Bookings within a 3-month timeframe, this may result in immediate account suspension.

Cancellations & Refunds after the start of the Booking

In certain circumstances, and without limiting anything else in these Terms, PetBubble may determine to refund a Customer the Booking Fee paid if that Customer is dissatisfied with the Booking or the Pet Services.

In certain circumstances, and without limiting anything else in these Terms, PetBubble may determine to refund a Provider the Service Fee paid if that Customer is dissatisfied with Booking on the Platform.

To be eligible for a refund, Users must notify PetBubble in writing at info@petbubble.au of any complaints regarding a Booking (including with respect to the performance or omissions of the Pet Services under that Booking) within the Withholding Period. Such notice must clearly specify the details and reasons for the Customer’s complaint. PetBubble expects the Customer and Provider not to agree to or undertake any further bookings after an initial complaint. As such, we will not consider any complaints resulting from further bookings between that Provider and Customer.

PetBubble may take into account any factors regarding the Booking and the Pet Services that it considers relevant when determining whether to refund a Customer for any or all amounts paid with respect to that Booking. In any case, refunds are not available for payments that were not made through the Platform. Other relevant factors include, but are not limited to:

1. The Customer must have left a poor review for the Provider upon Confirming the End of Stay.

Users understand and acknowledge that the Pet Services may be subject to statutory guarantees under Australian Consumer Law (Competition and Consumer Act 2010) and any other applicable laws. Nothing in these Terms operates to exclude or limit the operation of such guarantees in any manner contrary to law.

PetBubble understands that there are certain circumstances where a Provider may not be able to complete performance of Pet Services with respect to a Booking (such as in the event of severe aggression or emergencies). However, PetBubble reserves the right to terminate or suspend Provider’s Accounts and/or access to the Platform in our absolute discretion if we determine that any cancellation or failure to perform the Pet Services under a Booking is unsatisfactory.

PetBubble reserves the right to remove a Customer’s Pet from the location at which the Pet Services are performed if we determine it is necessary for the safety of the Pet, the Provider, or any other persons, however PetBubble is under no obligation to do so. In the event We choose to relocate a Pet, PetBubble and the Provider shall make reasonable efforts during the Provider’s and/or PetBubble’s normal business hours to contact the relevant Customer and/or the Customer’s Emergency Contact to arrange alternative care. Should the Provider and PetBubble not be able to contact the Customer or the Customer’s Emergency Contact, the Provider will endeavour to find adequate care until the Customer is able to retrieve the Pet. The Customer is responsible for and indemnifies PetBubble for any charges, costs, expenses or liabilities incurred by PetBubble as a result of taking any of the actions referred to in this paragraph.

10. Failure to retrieve Pet(s)

If an Customer makes a Booking with a Provider for Pet Services and fails to retrieve the relevant Pet(s) within seven (7) days without any communication (or any earlier time period provided by any applicable law) after the date specified in the relevant Booking for the completion of the Pet Services, the Customer agrees that both the Provider and/or PetBubble may, but has no obligation to, in its sole discretion, place or arrange a third party to place the relevant Pet(s) in to Domestic Animal Services including without limiting to foster care, shelter or similar and may notify the relevant authorities.

For the purpose of surrendering only, you agree that temporary ownership will be granted to the Provider so they are able to legally surrender the pet to Domestic Animal Services. Each Customer agrees that they are solely responsible for and indemnify PetBubble for all costs, expenses and liabilities that PetBubble may incur arising directly or indirectly from the Customer failing to retrieve the relevant Pets with respect to any Booking of the Customer. Nothing in these Terms operates to limit any applicable laws that may apply to a Customer’s failure to retrieve Pet(s) with respect to any Booking of the Customer, including any applicable animal abandonment or cruelty laws.

11. Medical Issues and Emergencies

The contact information relating to the Customer and the Provider who have entered a Booking is automatically provided to the other party during the Booking process.

Each User acknowledges and understands that such contact information will be relied upon in the event that PetBubble, Customer or Provider (as the case may be) needs to contact the relevant User, including with respect to any emergency, medical issue or otherwise in the provision of any applicable Pet Services. You must keep all such contact information up to date at all times and must ensure that any Customer or Provider You engage using the Platform is provided with and aware of such contact information.

In the event a Provider, in carrying out Pet Services, reasonably considers that the relevant Pet needs veterinary care or any other medical attention whilst in the Provider’s care, the Provider must immediately contact the relevant Customer using the contact information provided by the Customer. In such case, the Customer agrees to respond to such communication from the relevant Provider and to provide instructions as to how the Provider should proceed, including whether medical assistance should be sought and if so, what kind of medical assistance should be sought, and whether the Provider can contact the veterinary contact provided by the Customer or in the absence of such contact information, a veterinary contact that the Provider reasonably believes to be appropriate.

In the event that a Pet reasonably requires veterinary care or any form of medical assistance whilst the Pet is in the care of a Provider pursuant to a Booking, then, provided that the relevant veterinarian or medical practitioner is qualified to provide medical treatment or advice regarding the Pet pursuant to any applicable laws, the Customer acknowledges, agrees and authorises any actions to be taken with respect to the Pet which that veterinarian or medical practitioner recommends.

Without limiting the above, in case of any emergency relating to a Pet in the care of a Provider, the Provider must immediately notify the Customer (and any emergency contact provided by the Customer pursuant to the relevant Booking) and PetBubble by sending us an e-mail at info@petbubble.au (and putting “Emergency” in the subject line). The Provider must provide all relevant details of any emergency so that the Customer, the Customer’s emergency contact and/or PetBubble can determine which veterinary care is required. In the event that the Provider is unable to contact the Customer or the Customer’s emergency contact, PetBubble will take reasonable efforts during PetBubble’ normal business hours to contact the Customer or their emergency contact and notify them of the situation.

If the Customer or the Customer’s emergency contact cannot be contacted in event of an emergency, the Customer authorises the Provider to take any and all actions reasonably required to obtain veterinary care and/or any other medical assistance and to take any actions recommended by such veterinarian or medical practitioner (as the case may be) with respect to the relevant Pet.

Without limiting the above, if a Customer and a Provider agree in writing as to the procedure to be followed in the event of an emergency, the Provider must use best endeavours to comply with such directions. This notwithstanding, each Customer agrees that the Provider can seek veterinary care or other medical assistance, as the Provider, acting in good faith, considers reasonably appropriate, including in the event that the Customer cannot be contacted.

In the event that the PetBubble and/or a Provider obtains any veterinary care or other medical assistance with respect to a Pet, to the maximum extent allowed by law the Customer must:

1. except to the extent that the Customer and the Provider have agreed otherwise in writing, indemnify the Provider for any and all reasonable costs, expenses and liabilities incurred by the Provider in connection with the relevant veterinary care or medical assistance;
2. indemnify PetBubble and any authorised representative of PetBubble, from and against any cost, expense or liability incurred by PetBubble or their authorised representative in connection with the relevant veterinary care or the medical assistance; and
3. release and hold harmless PetBubble and their authorised representatives, from and against any liability that may arise (whether under contract, tort, statute or otherwise) as a result of the Provider failing to seek veterinary care or medical assistance in respect of a Pet.

Each Customer agrees that any costs or expenses incurred in connection with obtaining veterinary care or other medical assistance with respect to the Customer’s Pet under a Booking may be charged directly to the Customer’s credit card or PayPal account. The Customer also authorizes the Payment Gateway Provider to charge any amount that we consider to be the subject of such indemnity. These amounts may be charged from the nominated bank or PayPal account of the Customer using any credit card or PayPal details provided by the Customer. The Customer may be eligible to recover some or all of such amounts charged to the Customer’s credit card or PayPal account under the PetBubble Public Liability Insurance (additional information regarding eligibility for reimbursements can be found in section 12 of these Terms and at https://PetBubble.au/terms-of-...

12. Insurance Services

PetBubble requires Providers to obtain appropriate insurance for their Pet Services. PetBubble insurance is secondary to any other relevant insurance the Provider may have. Please review any insurance policy that You may have for Your Pet Services carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers and Customer’s pets with respect to which You provide any Pet Services. Please note that the failure to advise Your insurance company (whether for Homeowner’s, Renter’s or other insurance) about Your activities relating to Pet Services may void your coverage or result in denial of an otherwise covered claim.

The Provider is responsible for, and irrevocably indemnifies PetBubble against, any costs, expenses and liabilities incurred by PetBubble in relation to any claim under the Insurance Services in connection with that Provider’s Booking.

13. Property Damage

The Insurance Services do not cover any property damage caused by a Pet or by a Customer to a Provider’s property or any other person’s property in the same property as the Provider, nor does it cover any damage to a Provider’s property directly or indirectly caused by the Pet Services. Notwithstanding this, You acknowledge and agree that PetBubble does not have any responsibility to reimburse or otherwise cover You for any property damage whatsoever, and You hereby indemnify, release and hold harmless PetBubble with respect to any cost, expenses or liabilities incurred directly or indirectly in connection with any Pet Services, including with respect to any damage of property.

PetBubble is not a party to any agreement between Users pursuant to any Booking, and as such each User agrees that any dispute relating to property damage in connection with Pet Services must be settled between the relevant Users. Each User releases and indemnifies PetBubble with respect to any dispute between Users, including (without limitation) with respect to damaged property. This notwithstanding, PetBubble may elect, in its absolute discretion, to facilitate communication between disputing Users.

14. Risk Management

This clause 14 applies notwithstanding anything in these Terms to the contrary.

PetBubble and its affiliates and Third-Party-Providers and their respective directors, officers and/or employees (collectively referred to as ‘PetBubble entities’) disclaim all risk of any loss, liability or damage (including personal injury, property damage, or death to any person or animal), which may arise in relation to the User’s use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted at law. This disclaimer of loss, liability and damage applies even if the PetBubble entities should have the knowledge or have been advised, of the possibility of such loss, liability or damage.

Subject to the following paragraph, except where expressly provided otherwise on the Platform, all Content and Our Services are provided “as is” and each PetBubble entity disclaims all express or implied representations, guarantees, warranties and conditions (“guarantees”) in relation to the Platform and Our Services, including such guarantees of merchantability, safety, fitness for a particular purpose, title, non-infringement, quality of goods and services (including Our Services and Pet Services), reliability, availability, timeliness, quality, accuracy and suitability, and any guarantee related to the quality of goods and/or services of Third Party Providers and any persons or businesses referred to on the Platform, including such guarantees as may be implied by law. Without limiting the generality of the foregoing, each PetBubble entity disclaims any guarantee that the operation or use of the Platform or provision of Our Services will be uninterrupted, secure, timely or free of errors, viruses or other items of an intrusive nature. Each User acknowledges that none of the PetBubble entities has control over the transfer of data over communications facilities, including the internet, and that the Platform and Our Services may be subject to delays, limitations, and other problems inherent in the use of such communications facilities and no PetBubble entity is responsible for any delivery failures, delays or other damage resulting from such problems.

Nothing in the preceding paragraphs will operate to exclude any guarantee that may not be lawfully excluded. To the extent that a guarantee implied by law may not be lawfully excluded, but liability for breach thereof may lawfully be limited, the liability of each PetBubble entity for breach of each such warranty is limited to one or more of the following (at the discretion of the relevant PetBubble entity) and each User agrees that it is reasonable for the relevant PetBubble entity to limit liability in the following manner:

In the case of services (including Our Services):

1. the supplying of the relevant services again; or
2. the payment of the cost of having the relevant services supplied again.

In the case of goods:

1. the repair of the goods;
2. the payment of the cost of having the goods repaired;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the replacement of the goods or the supply of equivalent goods.

Each PetBubble entity disclaims all liability for any incidental, indirect, special or consequential damages which may arise in regard to the use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, tort (including negligence), breach of statutory duty or otherwise), to the maximum extent permitted by law.

To the maximum extent permitted by law, each User assumes, on behalf of itself and all third parties (including minors) who may be exposed to any animal in connection with any use of the Platform, Our Services or the Pet Services, all risk of liability, loss or damage (including property damage, personal injury or death to any person or animal) which may arise in relation to the use of the Platform, Our Services or the Pet Services (whether arising in breach of contract, breach of statutory duty, tort (including negligence), or otherwise). Without limiting the foregoing, each User acknowledges the risks arising providing or receiving Pet Services, including with respect to the risk inherent in dealing with an animal that may not be familiar with or accustomed to any persons (including minors) or property to whom such animal may be exposed.

Each User acknowledges that Our Services and Pet Services facilitated through the Platform are not appropriate for all animals and Pets. Each User acknowledges and agrees that PetBubble is in no way responsible for any determination as to whether Our Services are appropriate or suitable for any Pet, nor are we responsible for any determination as to whether any Provider is appropriate or suitable for the provision of Pet Services in relation to any Pet.

To the maximum extent allowed at law, PetBubble makes no guarantee, representation or warranty regarding any User Generated Content, including with respect to the accuracy or reliability of any User Feedback, comments or ratings on Providers on the Platform, nor as to the quality, security or positive features of the Provider or any location where Pet Services are provided.

PetBubble is not a party in any Booking, agreement or transaction between Users. PetBubble is not responsible for verifying or authenticating any User Generated Content and any other details provided by or about a User on the Platform, including with respect to any insurance coverage held by the User or any medical certifications. Each Customer and Provider must make available all relevant information reasonably required in connection with the provision of Pet Services, including with respect to any medical issues, allergies or other conditions that may be relevant to the Pet Services.

15. Fair Conduct and Use of the Platform

Users must only use the Platform, Our Services and the Pet Services in good faith and with respect for each other User. PetBubble reserves the right to review, suspend or terminate Your Account or Your access to the Platform if we determine that You have breached or threaten to breach any of these Terms. Without limitation, You must not do any of the following with respect to the Platform or Our Services:

1. Use or access the Platform for a commercial purpose other than the provision or receipt of Pet Services;
2. Change, or copy any Content on the Platform, for any purpose other than in the proper use of Our Services or the Platform, such as updating Your Profile in good faith;
3. Post any misleading, untrue, offensive, malicious or otherwise inappropriate Content on or to the Platform;
4. Use or access the Platform with the intention to harm, or use that would likely result in damage of any way to any person or animal, as can be reasonably foreseen by a reasonable person;
5. Take any steps with the goal of bypassing these Terms or to make unauthorized use of the Platform or to avoid any payments that need to be made related to the Platform in accordance with these Terms;
6. Use the Platform for any purpose that violates any applicable state, national or international laws. This also holds for any use of any Content on the Platform that in any manner violates any applicable laws and regulations (including laws relating to trademark, copyright, confidentiality, telecommunications and/or privacy) or in any way, which may infringe the rights of any person;
7. Disguise the origin of information transmitted to, through or from the Platform;
8. Impersonate another person or entity or allow any other person or entity to impersonate You or access Your Account;
9. Collect information about Users or the Platform or monitor all or part of the Platform or any Content contained on the Platform (whether manually or in an automated manner such as crawling, indexing, deep-linking, page-scraping or any program, other automatic device, methodology or algorithm);
10. Distribute viruses or other harmful computer code to or on the Platform; or
11. Otherwise use Our Services or the Platform in a way that was not intended by us.

Users have the right to filter objectionable, defamatory or offensive material. This can be achieved in multiple ways across the Platform. Some of these methods are listed below:

1. Flagging a User’s profile as inappropriate; and/or
2. E-mail PetBubble via info@petbubble.au.

PetBubble will use best endeavours to assess and respond to any complaints related to User Generated Content as soon as reasonably practicable.

PetBubble reserves the right, in its sole discretion, to terminate, cancel, or suspend a User’s Account or access to all or part of the Platform for failing to comply with these Terms. Furthermore, PetBubble reserves the right, in its sole discretion, to delete any User Generated Content that PetBubble considers is inappropriate.

Spam & Fraud

PetBubble reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the website (www.PetBubble.au) and/or Platform fraudulently. PetBubble reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and/or website and any other unlawful acts or acts of omissions in breach of these terms and conditions.

PetBubble retains the right to seek reimbursement for the expenses incurred due to services, collection charges, and legal fees from individuals who engage in fraudulent activities on the website and/or Platform. Moreover, PetBubble reserves the right to initiate legal action against such individuals for their fraudulent use of the website and/or Platform and any other illegal acts or violations of the terms and conditions.

Removal of Users

Without limiting other remedies, PetBubble, in our sole discretion, limit, suspend, or terminate our services and User accounts, prohibit access to our Website/s, services, applications , and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep Users from using our Website/s, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.

16. Feedback

PetBubble welcome any feedback from Users with respect to Our Services. In order to create a fair and impartial representation of Our Service provision, each User agrees to actively engage in PetBubble’s Feedback process and post their honest and impartial Feedback after using Pet Services as follows:

1. If the User is a Customer, Feedback should be given on each Provider whose Pet Services the Customer has used; and
2. If the User is a Provider, Feedback can be given on each Customer to whom the Provider has provided Pet Services.

In case You fail to do so, PetBubble reserves the right, at its discretion, to terminate or suspend Your registration or Access to all or part of the Platform.

Users are also encouraged to add reviews of other Pet Services that they have used or provided in the past.

17. Links to Third-Party Sites

The Platform may have references or contain links to sites controlled by parties other than PetBubble. PetBubble provides these links as a convenience and as interesting information for its Users and, except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, PetBubble is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third-party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other items of an intrusive nature.

18. Third-Party Advertising and Analytics Cookies

Advertisements appearing on the Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad-server to recognise Your computer each time they send you an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

19. Termination and Account Cancellation

If You breach or threaten to breach these Terms, PetBubble reserves the right to suspend or terminate Your Account and/or Your access to any part or all of the Platform and Our Services at any time without prior notice. If you are awaiting delivery of services (including any Pet Services pursuant to a Booking), PetBubble reserves the right to cancel the delivery of such services. A refund may be issued.

PetBubble may, in its sole discretion and with or without prior notice, without liability to You, with or without cause, and at any time: (a) terminate these Terms or Your access to the Platform, and (b) deactivate or cancel Your Account or registration or similar uses of the Platform. PetBubble’ proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. PetBubble may provide notice of termination by regular mail or e-mail but is not obliged to do so. You may cancel Your Account at any time by sending an e-mail to info@petbubble.au. However, it is important to note that You are personally liable for any Bookings, orders, Listings or pending transactions that apply to You or charges that You incur prior to Your termination/cancellation. Please note that if Your Account is cancelled, we do not have an obligation to delete or return to You any Content that You have posted on or to the Platform.

20. Intellectual Property Rights

We and our licensors (as applicable) own all intellectual property in PetBubble and the Platform, including any updates, enhancements and new features we may provide.

All images/ graphics, information, text, material, software and ads on the Platform are Copyright (C) of PetBubble, its suppliers, partners and/or licensors, under Australian Copyright Act 1968, international Universal Copyright Convention 1952 and any applicable law, unless expressly indicated otherwise. You must not use framing technologies or embed in another website any of the material and Content appearing on the Platform without the prior written consent of PetBubble. This includes electronic, recording, mechanical, photocopying, or other means nor archived or mirrored.

You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by PetBubble. You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by PetBubble. You may use the Content of the Platform only for the purpose of using Our Services and for no other purpose. The Content of the Platform is protected by Australian copyright and trade mark laws.

In order for us to allow You to post User Generated Content to the Platform, You (a) assign to us all rights You may have in such Content, this is effective on posting; (b) give us permission to do anything in relation to such Content which, but for such permission, would infringe any moral rights You may have in such Content; and (c) warrant that (i) You have the right to post such Content, and (ii) such posting, and exercise of any rights in such Content by us or any person authorised by us, will not infringe any laws or any rights of any other person.

We give You a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Platform and any other software provided to You by us in relation to PetBubble. This licence is solely to enable You to use and enjoy Our Services and the Platform and You may not copy, modify, distribute, sell or lease any part of our intellectual property.

We own all trade marks, branding and logos contained in, or relating to, PetBubble and You cannot use them for any purpose without our express written consent.

21. Information and Confidentiality

PetBubble attempts to maintain the accuracy and integrity of the information on the Platform and tries to moderate User Generated Content such as User ratings. However, PetBubble does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without Our knowledge or consent. PetBubble disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted at law. If You believe that information found on the Platform is unauthorised, inaccurate or incomplete, please inform us by sending an e-mail.

Any personal information You submit to the Platform is governed by our Privacy Policy (for more information please visit our Privacy Policy. This Privacy Policy applies to all and any information You may provide to the Platform as a User or to receive further information, updates and promotions about and/or related to the Platform. Saved credit card details are held in accordance with the then current policies of our Payment Gateway Provider.

We do not claim ownership of any personal information You send to us, or any other content, data or information that You may provide to us. You will continue to own any and all intellectual property rights in such information. However, You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner. This right continues even if You no longer use Our Services or the Platform. We will only use this information for the purposes of operating, promoting or improving Our Services and the Platform, for developing other products or services, and for any other purposes set out in our privacy policy. This means, for example, that we might use this information to compile statistical information for use in marketing PetBubble, to make improvements to PetBubble, or to develop complementary products or services to Our Services.

If you would like to know more about how we use, store or handle your personal information, please contact us.

Without limiting the foregoing, each User acknowledges and agrees that the Platform may provide their address on a map available to the public. However, PetBubble will endeavour to do so in a way that limits and reduces the ability to locate Users without authorisation.

Each User is responsible for maintaining his/her Account information and keeping the User’s password confidential and for restricting access to his/her Account and such information. Each User is responsible for all activities that occur on his/her Account or otherwise through use of his/her password.

Marketing Opt-in

By creating an Account, the User (A Pet Owner or a Pet Provider) hereby gives PetBubble the User’s consent to receive relevant communications via different means regarding their account, services or other communications deemed relevant by PetBubble.

1. The User will have full ability to opt out of marketing or all promotional activity through various opt out mechanisms.
2. The User’s data will be used in accordance with our privacy policy

22. User Generated Content

The PetBubble Platform facilitates transactions between Users. This means Users will in some way or form, upload, submit, consume or view User Generated Content.

Providers agree that, upon reasonable request by a Customer for whom they are providing Pet services pursuant to a Booking, the Provider will use reasonable endeavours to provide photographic updates of the relevant Pet via the Platform or as otherwise agreed with the Owner.

PetBubble occasionally shares User Generated Content with Users and the public, including photos, videos and other User Generated Content. Through tagging, ‘@’-ting or use of associated hashtags such as #PetBubbleFriend. You consent and agree that PetBubble is allowed to publish any such Content on the Platform and across social media including Facebook, Twitter, Pinterest, and other sites determined by PetBubble. These images may also appear in paid advertisements. You give us permission to do anything in relation to such Content which, but for such permission, would otherwise infringe any moral rights You may have in such Content.

PetBubble also reserves the right to modify, delete or block selected User Generated Content from the Platform. Reasons why this might be done include, but are not limited to, the following examples:

1. A response to a User complaint of objectionable material that PetBubble deems inappropriate; and
2. Helping Users set up a Provider Profile, Customer Profile, and writing reviews.

For more information on how User Generated Content should be used (either through the submission or consumption of User Generated Content) please refer to section 10. Good Conduct and Use of the Platform.

23. Miscellaneous

These Terms (together with the Privacy Policy and any PetBubble Rules available on the Platform) form the entire understanding relating to the use of the Platform and any of Our Services or Pet Services provided in relation to the use of the Platform and supersede any prior or conflicting, contemporaneous or additional, understandings. PetBubble reserves the right to change these Terms or policies relating to the Platform at any time, without prior notice and such changes will be effective upon being posted on the Platform. You acknowledge that these Terms are binding on You and agree to visit this page from time to time to review the then current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms published on particular pages of the Platform. These notices may be posted on the Platform from time to time. Your continued use of the Platform after any such postings is considered Your consent to such changes.

These Terms will be governed by the laws of New South Wales, Australia, without regard to its conflict-of-law provisions. All Users submit to the exclusive jurisdiction of the courts of that State for all matters relating to these Terms or the Platform. Any dispute arising out of Your use of the Platform, or the Services purchased on it, will be subject to the exclusive courts of that jurisdiction.

You may not assign any of Your rights or obligations under these Terms without the prior written approval of PetBubble. Any alleged assignment in violation of this section shall be void. PetBubble may assign or renew any or all of our rights or obligations under these Terms without Your consent or notice to You and You agree not to object on any ground to, and at Your cost to sign such documents and do such things as necessary to give effect to, any such assignment or novation. All and any rights not expressly granted herein are reserved by PetBubble.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be severed to the extent necessary to address such invalidity or unenforceability, with all other provisions remaining in full force and effect.

24. Interpretation

The following rules of interpretation apply, unless the context requires otherwise.

1. Headings are for convenience only, and do not affect interpretation;
2. The singular includes the plural and conversely;
3. A gender includes all other genders;
4. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
5. The words “includes” and “including” are not words of limitation;
6. A reference to:
1. a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;
2. a person includes the person’s legal personal representatives, successors, assignees and persons substituted by novation;
3. any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;
4. this or any other document includes the document as varied;
5. writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form;
6. a clause is a reference to a clause of these Terms.

25. Contact Details

Please contact PetBubble if you have any further enquiries.

Terms and Conditions for Advertising on PetBubble Website

1. General Agreement
   By submitting an application for advertising on the PetBubble website, you agree to these Terms and Conditions, as well as any additional rules, guidelines, or policies set forth by PetBubble.
2. Ad Approval
   All advertisements are subject to approval by PetBubble’s admin. We reserve the right to reject or remove any ad if it does not align with our content, values, or community standards.
3. Ad Placement
   Ads will be placed as agreed upon in the ad space options. We are not responsible for any technical issues, such as failure of ads to display properly due to browser incompatibility or third-party software.
4. Duration & Pricing
• The minimum ad placement duration is 7 days.
• All fees must be paid prior to the ad going live.
• Pricing is outlined in the current advertising rate card and is subject to change with notice.
5. Ad Content
• Advertisers must ensure all content complies with applicable laws and regulations.
• Ads must not contain misleading or false information. PetBubble reserves the right to review and request changes if content is deemed inappropriate or misleading.
6. Refunds & Cancellations
• Ad invoices must be paid prior to advertising placement.
• If the ad placement is cancelled more than 24 hours before the scheduled date, the advertiser will receive a full refund.
• Cancellations made within 24 hours of the scheduled start date will not be eligible for a refund.
7. Liability
   PetBubble is not liable for any damages, losses, or expenses incurred by the advertiser as a result of ad placement, including but not limited to loss of revenue or reputation.
8. Confidentiality
   Any confidential information shared between the advertiser and PetBubble during the advertising process will remain confidential and will not be shared with third parties, except as required by law.
9. Termination of Agreement
   PetBubble reserves the right to terminate any advertising agreement at any time if the advertiser violates these Terms and Conditions or engages in activities harmful to the site’s reputation or community.
10. Changes to Terms
    PetBubble reserves the right to update or change these Terms and Conditions at any time. Advertisers will be notified of any significant changes that may affect their ad placements.
11. Governing Law
    These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia.

12. Contact Details

Please contact PetBubble if you have any further enquiries.

Website form: https://petbubble.au/contact-us; or
Email: info@petbubble.au; or
Mail: PO Box 179 [115 Booth Street], Annandale, NSW 2038, Australia